JUNE 3, 2003 AGENDA (1)CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At -Large
VICE_ MAYOR LOUIS R JONES, Bavrrde - Drvtrict 4
HARRY DIEZ,EL, Kempsvtlle - District 2
MARGARE7 L EURE, Centerville - District I
REB4 S McCLANAN, Rose Hall - Dtstrrct 3
RICHARD A MADDOX, Beach - Dwi ict 6
JIM REEVE Pi inceAs Anne - District 7
PETER W SCHMIDT, At -Large
RON A VILLANUEVA, At -Large
ROSEMARY WIL SON, At -Large
JAMES L WOOD, Lviuthaven -District 5
JAMES K SPORE, City Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES SMITH, MMC, City Cleik
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
3 June 2003
CITYHALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL CtycrtclC&vbgov coni
I. CITY MANAGER'S BRIEFING - Conference Room - 1:30 PM
1 Town Center Phase II - Review of Documents
Leslie L. Lilley, City Attorney
II CITY COUNCIL DISCUSSION
1 Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA)
III. REVIEW OF AGENDA ITEMS
IV COUNCIL LIAISON REPORTS
V CITY COUNCIL COMMENTS
VI. INFORMAL SESSION
B CALL TO ORDER - Mayor Meyera E Oberndorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
- Conference Room - 4:00 PM
VII FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend David Howard, Pastor
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F MINUTES
I INFORMAL AND FORMAL SESSIONS May 27, 2003
G. AGENDA FOR FORMAL SESSION
H MAYOR'S PRESENTATION
I . Proclamation - NATIONAL HUNGER AWARENESS DAY - June 5, 2003
Foodbank of Southeastern Virginia
I PUBLIC HEARING
I Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA)
J CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an
Agreement and applicable documents with Town Center Associates supporting the
Virginia Beach Development Authority's obligation re Town Center Phase II, and
recommending approval and execution by the Virginia Beach Development Authority.
2. Ordinances to AMEND City Code.
a § 2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of
Convention and Visitor Development to Virginia Beach Convention and Visitors
Bureau
b § 10 5-1 and 10-5-2 to comply with recent legislation amending the Code of
Virginia re Emergency Medical Services (EMS)
C. § 21-72, 21-75 and 21-86 re local vehicle licences by clarifying "administrative
provisions" for the Department of Motor Vehicles (DMV)
d § 36-57 re parking or stopping of charter buses on streets in the Resort Area
3 Ordinance to ACCEPT and APPROPRIATE $9,765 from the U.S. Justice Department
to the Police Department's FY 2002-03 operating budget to support equipment purchases
for the Bomb Squad
4. Ordinance to AUTHORIZE acquisition of approximately 36 821 acres from DAVID B
HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for
$1,260,000
5. Resolution re procedures for considering unsolicited requests form private entities re
qualifying projects under the Public -Private Education Facilities and Infrastructure
Act of 2002, and, direct the City's Purchasing Agent to cause these procedures be available
to the public and post same in the City's Purchasing office and on the web site
6. Resolution to AUTHORIZE and direct the City Manager implement the City Policy's re
the use of Lake Wesley as an industrial anchorage or storage of construction equipment
L. PLANNING
1 Application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permit
re a freestanding church at 3308 Continental Street
(DISTRICT 3 - ROSE HALL)
Deferred -
Recommendation
May 27, 2003
APPROVAL
City Council, in trying to be more responsive to the needs of citizens who
attend the meetings, has adopted the following time limits for future
Formal Sessions
Applicant or Applicant's Representative
10 Minutes
Attorney or Representative for Opposition
10 Minutes
Other Speakers - each
3 Minutes
Applicant's Rebuttal
3 Minutes
THESE TIMES WILL BE STRICTLY ADHERED TO.
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 Device for the Deaf)
*****-k*****
Agenda 06/03/03/blb
www vbgov com
CITY MANAGER'S BRIEFING -Conference Room - 1:30 PM
1. Town Center Phase It - Review of Documents
Leslie L. Lilley, City Attorney
II CITY COUNCIL DISCUSSION
II Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA)
II M. REVIEW OF AGENDA ITEMS
II IV. COUNCIL LIAISON REPORTS
II V CITY COUNCIL COMMENTS
VI. INFORMAL SESSION - Conference Room - 4:00 PM
B. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
sX IA BFq' r
o - T*
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v9�S
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CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here 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.
II VII. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend David Howard, Pastor
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS May 27, 2003
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
Proclamation - NATIONAL HUNGER AWARENESS DAY - June 5, 2003
Foodbank of Southeastern Virginia
(Pr0cfamation
Whereas: It is with deep concern for the thousands of citizens who face increasing
diculties feeding their families that I join with die Eood6ank of
Southeastern Virginia as they supportAmerica s Secondg-Carvest s National
JfungerAwareness campaign to feed fiungry children; and
Wfcereas: Because of the sharp downturn in the economy, 116, 000 families in South
Yfampton &ads on a daily 6asis are relying on the Tood6ankto secure food
for their families; and
Whereas: die !Food6ankof Southeastern Virginia Fias seen an increase in demand for
food—particufarfy among families with children — and has launched a local
campaign to secure additional resources to help ease cfiiild fiunger; and
Whereas: During the school year there are over 78, 000 children enrolled in the free or
reduced price lunch program, yet in the summer only 17 percent of these
children participate in a summer feeding program — leaving many children
without the proper nutrition they need, let alone a full stomach; and
Wfiereas: The Toodbank of Southeastern Virginia, along with over 300 partner
agencies, is supporting the NationalifungerAwareness Day campaign and
plans to spread the word, gather resources, and continue its growing
movement to end hunger, particularly affecting children, in this community;
and
Whereas: Any additional donations, funding or volunteer support generated 6y this
National Calrto Action wilr6erufit the more than 116, 000 families in need
of assistance within South Ifampton Rgads and the outlying areas; and
Whereas: The campaign wilrprovide valuable food resources to those in need of help to
reduce hunger within the Toodbanks community:
Now, Tierefore, I, Weyera E. Oberndorf Mayor of the City of Virginia Beach,
Virginia, do hereby TrocCaim:
dune S, 2003
Nationaf YfungerAwareness Day
In Virginia Beach, and I encourage all citizens to join me in supporting Tie
Tood6ankof Southeastern Virginia during this national campaign to provide summer
meals for our children, secure additional resources for the communities it serves and
for its yearlong efforts to "Feed the Need: "
In witness Whereof, I have hereunto set my Band and caused the O fficialSeal of the
City of Virginia Beach, Virginia, to be affixed this Twenty-fifth day of May, Two
Thousand 2liree.
911eyera E. 06erndorf
JKayor
PUBLIC HEARING
Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA)
J. ORDINANCES/RESOLUTIONS
1. Ordinance AUTHORIZING the City Manager to execute and modify as necessary an
agreement and supporting documents with Town Center Associates supporting the
Virginia Beach Development Authority's obligation re Town Center Phase II, and
recommending approval and execution by the Virginia Beach Development Authority.
2. Ordinances to AMEND City Code:
a. § 2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of
Convention and Visitor Development to Virginia Beach Convention and Visitors
Bureau
b. § 10.5-1 and 10-5-2 to comply with recent legislative amending the code of Virginia
re Emergency Medical Services (EMS)
C. § 21-72, 21-75 and 21-86 re local vehicle licences by clarifying "administrative
provisions" for the Department of Motor Vehicles (DMV)
d. § 36-57 re parking or stopping of charter buses on streets in the Resort Area
3. Ordinance to ACCEPT and APPROPRIATE $9,765 from the U.S. Justice Department
to the Police Department's FY 2002-03 operating budget to support equipment purchases
for the Bomb Squad
4. Ordinance to AUTHORIZE acquisition of approximately 36.821 acres from DAVID B
HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for
$1,260,000
5. Resolution to ADOPT procedures for considering unsolicited requests form private
entities re of qualifying projects under the Public -Private Education Facilities and
Infrastructure Act of 2002; and, direct the City's Purchasing Agent to cause these
procedures be available to the public and post some in the City's Purchasing office and or
the web site.
6. Resolution to AUTHORIZE and direct the City Manager implement the City Policy's re
the use of Lake Wesley as an industrial anchorage or storage of construction equipment
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving Documents for Phase II of the Town Center Project,
Recommending Approval and Execution by the Virginia Beach Development
Authority, and Authorizing the City Manager to Execute an Agreement
Supporting the Authority's Obligations
MEETING DATE: June 3, 2003
■ Background: The Town Center Project has been a long-term priority for the
City The City Council first recognized the importance of the Town Center
project in the Central Business District of the City when they adopted the
Comprehensive Plan on November 4, 1997. Since this time, the City Council
has continued its ongoing support of the Project and Phase I of the Project,
comprised of a 254,000 square foot office tower, 107,000 square foot of
commercial space, a 176-room hotel, a 17,000 square foot bank headquarters
building, a 1,278-car public parking garage, and public streets, sidewalks and
utilities, has been substantially completed
On December 18, 2001, the City Council approved a non -binding Memorandum
of Understanding for Phase 11 of the Project that outlined the proposed
responsibilities of the City, the City of Virginia Beach Development Authority, and
the Developer Since that time, the City Manager and City Attorney have been
developing the Phase II Documents
■ Considerations: Phase II of the Town Center will bring a mid -rise apartment
complex consisting of the highest rents in Hampton Roads, a unique blend of
upscale retail and restaurants, and the possibility of a performing arts theater. In
addition, an additional ±1,400 public parking spaces will be located in two
separate public parking facilities.
■ Public Information: A public hearing was held on December 11, 2001 to
provide citizens the opportunity to offer their input on the Memorandum of
Understanding As of May 23, 2003, the Phase II Documents have been
accessible online through the City's website A public hearing was provided on
May 27, 2003 giving citizens the opportunity to provide input on the Phase II
Documents The agenda for the June 3, 2003 meeting will be handled through
the normal Council agenda process.
■ Alternatives: Approval of the Phase 11 Documents reflects the City's on -going
commitment to the long-term priority of developing Town Center There are
certainly other alternatives to development of the Central Business District,
however, few, if any, alternatives accomplish the Council's stated goals for this
area or provide the level of quality proposed
■ Recommendations: Approve the Phase II Documents for the Town Center
Project, request approval and execution by the Virginia Beach Development
Authority, and authorize the City Manager to execute an Agreement supporting
the Authority's obligations.
■ Attachments: Ordinance
Recommended Action: Approval of attached ordinance
Submitting Department/ ency: Econorruc a elopment and Finance ' IV,
City Manager: CWA/ —
F 1Data1A7Y\0rdin%0NC0DEICA-8745 arIdo
1 ORDINANCE APPROVING DOCUMENTS FOR
2 PHASE II OF THE TOWN CENTER PROJECT,
3 RECOMMENDING APPROVAL AND
4 EXECUTION BY THE VIRGRZA BEACH
5 DEVELOPMENT AUTHORITY, AND
6 AUTHORIZING THE CITY MANAGER TO
7 EXECUTE AN AGREEMENT SUPPORTING THE
8 AUTHORITY'S OBLIGATIONS
9
10 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
11 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
12 engaged in extensive negotiations with representatives of Armada/Hoffler Development Company,
13 L.L.C., and its affiliates, regarding the development of a Central Business District Project known as
14 "The Town Center of Virginia Beach" (the "Project");
15 WHEREAS, the Project is a development arrangement between the Authority and
16 Town Center Associates, L.L.C. (the "Developer"), for a mixed -use commercial development
17 utilizing the structure of an economic development park in the B-3A Pembroke Central Business
18 Core District, an area of the City which is zoned to optimize development potential for a mixed -use,
19 pedestrian -oriented, urban activity center with mid- to high-rise structures that contain numerous
20 types of uses, including business, retail, residential, cultural, educational and other public and private
21 uses;
22 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99-
2 3 2567B establishing the Central Business District -South Tax Increment Financing Fund (the "TIF
24 Fund");
25 WHEREAS, by Ordinance No. 2570Q adopted February 8, 2000, after finding that
26 the Project would stimulate the City's economy, increase public revenues, enhance public amenities
27 and further the City's development objectives for the Central Business District, the City Council (a)
28 approved development documents for the Project (the "Phase I Project Documents") containing a
29 comprehensive development arrangement for the first phase of the Project and a conceptual outline
3 0 for future phases of the Project, (b) requested that the Authority approve and execute the Phase I
31 Project Documents, and (c) authorized the City Manager to execute a Support Agreement between
32 the City and the Authority pursuant to which the City agreed to support the obligations of the
33 Authority under the Phase I Project Documents;
34 WHEREAS, by Resolution adopted February 15, 2000, the Authority approved the
35 Phase I Project Documents and thereafter executed the same;
36 WHEREAS, by Resolution No. RES-02908 adopted December 11, 2001, the City
37 Council endorsed the Town Center as the location for a potential new performing arts theatre for the
38 citizens of the City;
39 WHEREAS, Phase I of the Project, comprised of 254,000 square foot office tower,
40 107,000 square foot of commercial space, a 176-room hotel, a 17,000 square foot bank headquarters
41 building, a 1,278-car public parking garage, and public streets, sidewalks and utilities, is nearing
42 completion;
43 WHEREAS, on May 14, 2002, the City Council adopted Ordinance No. 2699B
44 creating the Town Center Special Service District to provide additional, more complete and more
45 timely services to the Phase I public parking garage, the streets and sidewalks and other public
46 facilities and areas in the Project than those services desired in the City as a whole;
47 WHEREAS, Phase I of the Project is to serve as the catalyst for the development of
48 the rest of the Project by the Authority;
49 WHEREAS, the Developer has worked with the City Manager and City staff and has
50 proposed a more comprehensive development plan for Phase II of the Project than that currently
51 contemplated in the Phase I Project Documents;
2
52 WHEREAS, by Resolution RES-02909 adopted December 18, 2001, the City Council
53 approved a non -binding Memorandum of Understanding dated November 30, 2001 (the "Phase II
54 MOU"), which outlined, among other things, a more comprehensive development plan for Phase II
55 of the Project than that contemplated in the Phase I Development Agreement and the proposed
56 responsibilities of the City, the Authority and the Developer with respect to Phase II of the Project;
57 WHEREAS, as recommended by such Resolution, the Authority approved the Phase
58 II MOU pursuant to its Resolution adopted December 18, 2001;
59 WHEREAS, the City Manager and the City Attorney, on behalf of the City and the
60 Authority, have pursued the development of a Phase II Development Agreement and other related
61 Phase II Documents (collectively, the "Phase II Documents") in substantial conformity with the
62 terms outlined in the Phase II MOU;
63 WHEREAS, included as one of the Phase II Project Documents is a Support
64 Agreement between the City and the Authority (the "Phase II Support Agreement") pursuant to
65 which the obligations of the Authority contained in the Phase II Project Documents are supported by
66 the City, with the traditional public infrastructure costs of Phase II of the Project to be funded in part
67 through the City's CIP and in part through the Authority's Economic Development Investment
68 Program monies, and the other obligations of the Authority structured to be paid, subject to annual
69 appropriation, by the available revenue from the TIF Fund and the revenues generated by the special
70 tax district;
71 WHEREAS, the City Council finds that Phase II of the Project will stimulate the
72 City's economy, increase public revenues, enhance public amenities, further the City's development
73 objectives for the Central Business District and provide necessary components to further the goals
3
74 contained in the City's "Guidelines for Evaluation of Investment Partnerships for Economic
75 Development";
76 WHEREAS, the City Council hereby approves the Phase II Project Documents and
77 desires that the Authority approve and execute the Phase II Project Documents.
78 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 9 VIRGINIA BEACH, VIRGINIA;
80 1. The City Council approves the Phase II Development Agreement, a complete
81 copy of which has been provided to City Council and a complete copy of which is on file with the
82 City Clerk (the "Phase II Development Agreement"), which implements a development arrangement
83 between the City of Virginia Beach Development Authority (the "Authority") and Town Center
84 Associates, L.L.C. (the "Developer"), for the development of Phase II of the mixed -use commercial
85 development project known as "The Town Center of Virginia Beach" in the Central Business District
86 of the City utilizing the structure of an economic development park (the "Project").
87 2. The City Council recommends that the Authority adopt a Resolution (a)
88 approving the Phase II Development Agreement and all other documents required to implement the
89 provisions of the Phase II Development Agreement (collectively, the "Phase II Project Documents"),
9 0 (b) authorizing the execution of the Phase II Project Documents, and (c) authorizing the City
91 Manager and the City Attorney, on behalf of the Authority, to proceed with the development of any
92 additional Phase II Project Documents necessary and appropriate or contemplated by the Phase II
93 Development Agreement to implement Phase II of the Project, with the Phase II Project Documents
94 to be consistent with the terms outlined in the Phase II Development Agreement.
95 3. On behalf of the City of Virginia Beach, the City Manager and the City
.96 Attorney are hereby authorized and directed to proceed with the development of any additional Phase
4
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II Project Documents necessary and appropriate or contemplated by the Phase II Development
Agreement to implement Phase II of the Project, with the Phase II Project Documents to contain such
terms as are consistent with the terms outlined in the Phase II Development Agreement.
4. The City Manager, or his designee, is authorized to execute and deliver (a) the
Support Agreement between the City and the Authority supporting the Authority's obligations
contained in the Phase II Project Documents, and (b) such other Phase II Project Documents to which
the City is a necessary party to enable the Authority to proceed with its obligations in Phase II of the
Project.
5. The City Manager is authorized to modify the Phase II Project Documents to
which the City is a party to the extent such modifications may be technical in nature or may be
necessary from time to time, provided that after such modifications, the Phase II Project Documents
shall remain in substantial conformity with the Phase II Development Agreement and such
modifications are acceptable to the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
of , 2003.
CA-8745
May 27, 2003
F \Data\ATY\Ordin\NONCODE\CA8745 doc
5
APPROVED AS TO CONTENT:
Finance Department
day
APPROVED A TO L AL SUFFICIENCY:
City Attorney
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Department Name Change: Virginia Beach Convention and Visitors Bureau
MEETING DATE: June 3, 2003
■ Background: The Department of Convention and Visitor Development was
established by City Council in 1988 At that time the City Council established the
position and duties of the Director of the department, as well as the general
duties of the department, which included travel and tourism marketing,
convention promotion, and operation and maintenance of event facilities.
■ Considerations: For fifteen years the Department of Convention and Visitor
Development has performed all the duties set forth by City Council, has taken a
strong leadership role in the tourism industry and has been an active participant
in the International Association of Convention and Visitors Bureaus, and has
formed alliances and partnerships with other Convention and Visitors Bureaus
across the state and region Travel and tourism agencies around the world are
recognized by the name " ... Convention and Visitors Bureau" The department
has found its present name to be a source of confusion in its interactions with
other public and private bureaus and its industry associations. Name recognition
is important in any industry, and especially in travel and tourism as the city
strengthens its leadership role in national, state and regional affairs and its voice
in the legislative process.
■ Public Information: The department will notify appropriate agencies to
implement the name change and will update all promotional materials and
industry listings
■ Alternatives: No other names are a standard in the travel and tourism industry
■ Recommendations: Change the name of the department from Convention and
Visitor Development to Virginia Beach Convention and Visitors Bureau.
■ Attachments: Ordinance to amend City Code to reflect name change.
Recommended Action: Annroval
SubmittingDe artmentl enc : J esB. R' icketts Director Convention and Visitor Development
P 9 Y P
�'7(City Manager: Il ..`
1 AN ORDINANCE
TO AMEND
THE CITY CODE BY
2 CHANGING THE
NAME OF
THE DEPARTMENT OF
3 CONVENTION AND
VISITOR
DEVELOPMENT TO THE
4 VIRGINIA BEACH
CONVENTION
AND VISITORS BUREAU
5 SECTIONS AMENDED: §§ 2-440, 2-441, 2-442,
6 2-443, and 24-3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Sections 2-440, 2-441, 2-442, 2-443 and 24-3 of the City
11 Code are hereby amended and re -ordained, to read as follows:
12 Sec. 2-440. Creation.
13
There is
hereby created a
department rrf that
shall be known as
14
the Virginia
Beach convention
and visitors
bureau.
15 Sec. 2-441. Office of director created; general duties of
16 director.
17 There shall be a director of the Virginia Beach
18 convention and visitors deve±opinent bureau whose duties shall be as
19 prescribed by the Charter or ordinance or by order of the city
20 manager.
21 Sec. 2-442. General duties of the Virginia Beach
22 convention and visitors deVelOpMeLft bureau.
23 The departiLtellt of Virginia Beach convention and visitors
24 deteiceinient bureau shall be responsible for the following general
25 duties, including any other duties which may be required, assigned
26 or prescribed:
27
(1) Travel and tourism, including, but not limited to, the
28
solicitation of tourist attractions, the development of
29
and coordination of advertising programs and solicitation
30
of activities and events appropriate for departmental
31
facilities. All monies received from departmental event
32
facilities and related operations during each fiscal year
33
shall be paid into the general fund or such other funds
34
as determined by city council.
35
(2) Convention promotion, including, but not limited to, the
36
solicitation of conventions and the coordination of
37
housing of convention delegates.
38
(3) The operation, maintenance and management of departmental
39
event facilities and public parking facilities including,
40
but not ii,teT limited to, lots, on -street parking and
41
garages, establishing and enforcing reasonable rules and
42
regulations for the use of such facilities, as well as
43
revenue and cost analysis, fee standards, and concession
44
operations.
45 Sec. 2-443. Advertising program.
46 The depMrtlftellft of Virginia Beach convention and visitors
47 deveiopment bureau shall develop an advertising program and shall
48 have the authority to expend such funds as the city may appropriate
K
49 to promote the increase of travel, tourism and conventions within
50 the city.
51 Sec. 24-3. Fees, policies, procedures, rules and regulations
52 pertaining to the use of city parks, recreational
53 facilities, and parks and recreation equipment.
54 . . .
55 (b) The director of the Vircrina Beach convention and visitors
56 deVe±Opiftelit bureau is hereby authorized to (i) establish reasonable
57 fees, and (ii) adopt and enforce reasonable policies, procedures,
58 rules and regulations, pertaining to the use of city parks located
59 in the resort area adjacent to the Atlantic Ocean, subject to the
60 approval of the city manager.
61 COMMENT
62
63 The amendments reflect that the name of the Department of Convention and Visitor
64 Development is being changed to the "Virginia Beach Convention and Visitors Bureau."
65 Adopted
by the
City Council
of the City of Virginia Beach,
66 Virginia, on
this
day of
, 2002.
67 CA-8576
68 DATA/ODIN/PROPOSED/02-440etalord.wpd
69 R2
May 22, 2003
APPROVED AS TO CONTENTS:
vention and Visitor
velopment
3
APPROVED AS TO LEGAL
SUFFICIENCY:
Department o Law
z.s e .L
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the City Code Pertaining to Definitions and
Permit Required for Emergency Medical Services
MEETING DATE: June 3, 2003
■ Background: The City of Virginia Beach prohibits any emergency medical services
agency from operating in the City without a permit. These permits are issued by the
Department of Emergency Medical Services upon the approval of City Council. The
ordinance governing this process is based on language included in State Code
Section 32.1 and Virginia Department of Health Office of Emergency Medical
Services Regulations. On January 1, 2003, new regulations replaced requirements
promulgated in 1990. These new regulations revised the wording used in the old
regulations and updated definitions.
■ Considerations: Definitions currently used in Virginia Beach City Code § 10.5-1 no
longer match those of the Virginia Department of Health regulations. The proposed
amendments will provide for language in the City Code that mirrors the language
of the State Code. The proposed change will clearly specify the Code is regulating
Emergency Medical Services vehicles. Section 10.5-2(a) does not specify that the
vehicles regulated are those used for emergency medical services operations.
Additionally, longstanding local permit requirements mandate that all agencies,
including neighboring municipal emergency ambulance services, must apply for
permits to operate in Virginia Beach. In effect, the current ordinance requires them
to obtain a permit so they can respond to the City's request for assistance. The
proposed amendment exempts municipal emergency medical service agencies
operating under the provision of a mutual aid agreement or a memorandum of
understanding from obtaining such a permit.
■ Public Information: To be advertised in the same manner as other items on
Council's agenda.
■ Recommendations: Approval
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: EMS/
City Manager: F:IData1ATYNOrdinINONCODE1ca8712.arf.wpd
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO DEFINITIONS AND PERMIT REQUIRED FOR
3 EMERGENCY MEDICAL SERVICES
4 SECTIONS AMENDED: §§ 10.5-1 and 10.5-2
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 10.5-1 and 10.5-2 of the City Code are hereby
8 amended and reordained to read as follows:
9 Sec. 10.5-1. Definitions.
10 Agency means any person engaged in the business, service or
11 regular activity, whether or not for profit, of transporting
12 persons who are sick, injured, wounded or otherwise incapacitated
13 or helpless, or of rendering immediate medical care to such
14 persons.
15 Emergency medical service vehicle means any pr±vately or
19 vehicle, vessel, aircraft
20 or ambulance that holds a valid emergency medical services vehicle
21 permit issued by the Office of Emergency Medical Services that is
22 equipped, maintained or operated to provide emergency medical care
23 or transportation of patients who are sick, injured, wounded or
24 otherwise incapacitated or helpless.
25 COMMENT
26 Amending §10.5-1 changes the current definition of "Emergency Medical Service Vehicle" so that it
27 mirrors the definition found in the Code of Virginia.
28
29 Sec. 10.5-2. Permit required.
30 (a) In accordance with section 32.1-1-5-6 111.14 of the Code of
31 Virginia, as amended, it shall be unlawful for any individual or
32 organization to operate an emergency medical services agency, or
33 any emergency medical services vehicle in the city for emergency
34 transport purposes or nonemergency transport purposes, without
35 first being granted a permit to do so by the city council.
36 COMMENT
37 Amending §10.5-2 (a) changes the reference from the old State Code section to the current
38 State Code section that gives the City the authority to require permits, and clearly specifies these
39 permits are required for emergency medical services vehicles.
40
41 (b) The provisions of subsection (a) above shall not be
42 applicable to the department of emergency medical services, any
43 volunteer rescue squad formally recognized by such department as a
44 provider of emergency medical services within the city, any
45 government operated emerc{ency medical services agency ,providing
46 service under the authority of a mutual aid agreement or a
47 memorandum of understanding with the city, crr any lifeguard service
48 operating on the public beaches of the city pursuant to a contract
49 with the city, or Virginia Beach Emergency Response Svs�em
50 agencies, including but not limited to, the Virginia Beach Police
51 Department, the Virginia Beach Fire Department or the Virg�nia
52 Beach Parks and Recreation Department.
2
53
COMMENT
54 Amending § 10.5-2 (b) exempts government operated emergency medical services vehicles from
55 the permit requirement established in § 10.5-2 (a). This amendment also clearly exempts the
56 Virginia Beach Fire Department from said permit requirements.
57
58 Adopted by the City Council of the City of Virginia Beach,
59 Virginia, on this day of , 2003.
CA-8712
DATA/ORDIN/PROPOSED/10.5-1 and 10.5-2(a) ord2.pd
May 15, 2003
APPROVED AS TO CONTENTS:
r
V' i i ach ire Department
Emergency Medical Services
9
APPROVED AS TO LEGAL
SUFFICIENCY:
/ tIlvk1l
Depc'ti'tment of Law
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Amendments to the Local Vehicle Registration Ordinance
MEETING DATE: June 3, 2003
■ Background:
On June 11, 2002, City Council approved an ordinance to improve the Local Vehicle
Registration (LVR) process by combining the local vehicle registration fee with the state vehicle
registration process
The plan developed with the Department of Motor Vehicles (DMV) to implement this
new program, as well as issues that have arisen, requires that certain minor changes
be made to the earlier ordinance
■ Considerations:
During the course of plan development and implementation, DMV and City staff
recognized that the following changes should be made:
• An additional vehicle type category, specialized motor vehicles, is addressed in the
proposed ordinance to be consistent with the state registration process. Also, the
amount of the fee for light pickup trucks is clarified.
• Since the local registration fee now must to be paid at the same time the state
registration fee is paid, the provision for a separate local grace period is eliminated.
• Since the decal has been eliminated, the registration issued by the DMV will serve
as the local license, to the extent one is needed
• Specific language is added to address situations in which a vehicle owner moves
to Virginia Beach after purchasing a local vehicle license in another locality.
■ Public Information:
Information notices on the LVR program were mailed with the personal property tax bills
to all Virginia Beach vehicle owners on May 2.
City Page article on the LVR program appeared on April 24 and on May 8.
An article on the LVR program will appear in the May Member Update.
■ Recommendation:
Adopt ordinance.
■ Attachment:
Ordinance
Recommended Action: A roval
Submitting Depa t/ ge cy: Fi ancepa�L(, (x
City Manager:
F -\Data\ATY\Ord 4NON CODE\Local vehicle registration.arf.wpd
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 CODE PERTAINING TO LOCAL VEHICLE LICENCES BY
3 CLARIFYING ADMINISTRATIVE PROVISIONS
4 SECTIONS AMENDED: §§ 21-72, 21-75, AND 21-86
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Sections 21-72, 21-75, and 21-86 of the City Code are
9 hereby amended and reordained, to read as follows:
10 Sec. 21-72. General procedure.
11 (a) Pursuant to a contractual arrangement with the city, the
12 state department of motor vehicles shall collect the local vehicle
13 license fees required by this article, or portions thereof, for the
14 city, as authorized by Code of Virginia, § 46.2-756. Local vehicle
15 license fees shall be collected at the same time state vehicle
16 registration fees are remitted. eu±nc±dent with the state's grace
17 period, purchasers of new or used iftutur vehic±es shaH be al±uwed
18
, ,
19
20 U f ILLUt )1! V e
i c±es .
21 . . . .
22 COMMENT
23 The language establishing a separate grace period for paying the local vehicle license fee is
24 eliminated, since the local vehicle license fee must be paid at the same time state registration fees are
25 paid. The state law requirement that vehicles be registered within thirty (30) days of purchase still
26 ensures a grace period for new or used car purchasers.
27 (c) in an7 case in which a veh±c±e at.,,-IU-L.Les Situs ±T� tile City
28
29
30
31 th±s vehic±e befu=e the ex±stincj ±icense, then et p=u=al:ed
32 ,
33 , shm!! be due when t�re
34
The following shall govern
35
situations in
which a vehicle acquires situs in the city after a
36
local vehicle
license has been issued by a jurisdiction that does
37
not participate in the department of motor vehicles' local vehicle
38
registration program:
39
W
if the state registration expires before the local
40
vehicle license, then a prorated portion of the
41
local license fee, diving credit for the months
42
paid in the other non -participating ,jurisdiction,
43
shall be due when the state registration is
44
renewed; and
45
ii
if the state registration expires after the local
46
vehicle license, no local vehicle license fee shall
47
be charged for the time period between the
48
expiration of the local vehicle license issued by
49
the non -participating locality and the expiration
50
of the state registration.
51
. . . .
2
52 COMMENT
53 The amendment makes clear that retroactive license fees will not be imposed on persons
54 moving from jurisdictions that do not participate in the Local Vehicle Registration Program.
55 Sec. 21-75. License requirement; imposition of fee.
56 (a) There is hereby imposed a requirement for a local vehicle
57 license, for the terms as established by this article, on motor
58 vehicles, trailers and semitrailers, regularly kept in the city and
59
used
upon public roadways of
the city. The amount
of the fee
for
60
this
license shall be as set
forth in the following
subsections
of
61 this section, and shall be due annually at the same time the state
62 registration is obtained, unless specifically provided for
63 otherwise. A valid vehicle registration, issued by the state
64 Department of Motor Vehicles after April 21, 2003, shall, as
65 necessary, document compliance with the local vehicle license
66 requirements imposed by this ordinance and serve as a license.
67 (b) The license fee on a motor vehicle, designed and used for
68 the transportation of passengers, which is self-propelled or
69 designed for self -propulsion, shall be, except as otherwise
70 specifically provided in this section, imposed in accordance with
71 the following schedule:
72 (1) Motor vehicles weighing four thousand (4,000) pounds or
73 less, and pickup trucks with a gross weight of four
74 thousand (4,000) pounds or less . . . $25.00
93
75 (2) Motor vehicles weighing more than four thousand (4,000)
76 pounds, and pickup trucks with a dross weight from four
77 thousand and one (4,001) pounds to seven thousand five
78 hundred (7,500) pounds $30.00
79 (3) Motorcycle . . . ,$23.00
80 (4) Antique motor vehicles licensed permanently pursuant to
81 Code of Virginia, § 46.2-730 (motorcycles or cars) . . .
82 $13.50
83 (5) Any motor vehicle, trailer or semitrailer upon which
84 well -drilling machinery is attached and which is
85 permanently used solely for transporting such machinery
86 and any specialized mobile equipment as defined by Code
87 of Virginia, § 46.2-700 . . . ,$15.00
88 . . . .
89 COMMENT
90 At (a), the proposed amendment makes clear that a valid registration issued by the DMV shall
91 serve as the local license.
92 At (b)(1) and (2), the change clarifies how the fees will be applied to pickup trucks. Pickups
93 with a gross weight of 4,000 pounds or less pay a $25 fee, and pickups with a gross weight between
94 4,001 and 7,500 pay a fee of $30. Under state law, pickup trucks are classified by gross weight.
95 At (b)(5), the proposed amendment creates a separate category for "specialized mobile
96 equipment," defined in Virginia Code § 46.2-700 as "any self-propelled motor vehicle manufactured
97 for a specific purpose... used on job sites and whose use on a highway is incidental to the purpose for
98 which it was designed."
99 Sec. 21-86. Refund for unused portion of license fee.
100 Any person who has paid a current license fee, and who moved
101 out of state, or who disposes of the vehicle for which it was paid
4
102 or otherwise surrenders its
103
registration,
may inform the state
department of
motor vehicles,
104
and request a
refund for the unused
portion of the
license fee paid
105 under this article. The state department of motor vehicles shall
106
refund to
the applicant a prorated
portion,
in six-month
107
increments,
of the local vehicle license
fee, if
application for
108
the refund is made
when six
(6) or
more months
are remaining in the
109
license period, in
the same
manner
as provided
by Code of Virginia,
110 § 46.2-688.
ill
COMMENT
112 The proposed amendment clarifies the circumstances under which a refund may be obtained.
113 Adopted by the City Council of the City of Virginia Beach,
114 Virginia, on this day of
CA-8828
DATA/ODIN/PROPOSED/21-072etalord.wpd
R6
May 22, 2003
2003.
APPROVED AS TO CONTENTS:
Qf" a
Finance
APPROVED AS TO LEGAL
SUFFICIENCY:
Department t4aw
S
CITY OF VIRGINIA BEACH
AGENDA ITEM
Item: Ordinance to Amend Section 36-57 of the City Code, Pertaining to
Parking or Stopping of Charter Buses
MEETING DATE: June 3, 2003
■ Background:
Currently, City Code Section 36-57 prohibits the parking or stopping of charter
buses for the purpose of picking up or discharging passengers in municipal parking
lots and on named public streets in the Resort Area, except in certain designated
areas, between the Friday of Memorial Day weekend and the day after Labor Day.
■ Considerations:
The amendments extend the time during which the restrictions apply to the period
between April 1 and September 30 so as to correlate more closely with the tourist
season in the Resort Area.
■ Public Information:
The amendments will be advertised as a normal agenda item.
■ Alternatives:
By not adopting the ordinance, the status quo will be maintained.
■ Recommendations:
Adoption of ordinance.
■ Attachments:
Recommended Action: Adoption of ordinance
Submitting Department/Agency: Department of Convention and Visitor Development
City Manager: e
1 AN ORDINANCE TO AMEND SECTION 36-57
2 OF THE CITY CODE, PERTAINING TO
3 PARKING OR STOPPING OF CHARTER BUSES
4 SECTION AMENDED: Section 36-57
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 36-57 of the City Code is hereby amended and
8 reordained to read as follows:
9 Sec. 36-57. Parking or stopping of charter buses.
10
(a)
Except as otherwise provided herein,
the parking of
any
11
charter bus or stopping of any charter bus
for the purpose
of
12
picking up
or discharging passengers shall be
prohibited
13
14
the Tuesday
1 and September
30,
fol±owing i3abor Bay between April
15
inclusive,
of every calendar year on all municipal parking lots
and
16
all public
streets in the following areas:
17
(1)
An area bounded on the west by Birdneck Road, on
the
18 south by Rudee Inlet and Lake Rudee, and on the east and
19 north by the boundaries of the Beach District, except
20 that charter buses may stop for no more than fifteen (15)
21 minutes to pick up or discharge passengers on 19th Street
22 at Arctic Avenue in a zone designated "15 Minute Charter
23
Bus Loading and
Unloading."
Furthermore,
the 4th Street
24
Public Parking
Lot located
by Rudee Inlet
Loop has been
25 designated as a pickup and discharge zone with fee
26 parking for charter buses on a first -come, first -served
27 basis.
28 ( 2 ) An area bounded on the south by Bay Colony Drive, on the
29 west by the Linkhorn Bay and Seashore State Park, on the
30 north by 89th Street, and on the east by the Atlantic
31 Ocean; including but not limited to those communities
32 denoted as North Virginia Beach, Princess Anne Hills, Bay
33 Colony and Cavalier Park.
34
(3) An area
bounded on the south by Camp Pendleton,
on the
35
west by
Lake Rudee, on the north by Rudee Inlet,
and on
36
the east
by the Atlantic Ocean; including but not
limited
37 to those communities denoted as Southside, Harbor Point
38 and Croatan Beach.
39 (b) The city manager or his duly ag designee
40 may authorize the parking or stopping of charter buses in locations
41 and7Lcrr at times otherwise prohibited by subsection (a) fie. Such
42 authorization, if granted, shall be in writing, a copy of which
43 shall be in the possession of the charter bus driver.
44
COMMENT
45 The amendments to subsection (a) extend the stated prohibitions on charter bus parking to the
46 period between April 1 and September 30, inclusive, so as to correlate more closely with the tourist
47 season. The amendments to subsection (b) are not substantive in nature.
2
48 Adopted by the Council of the City of Virginia Beach,
49 Virginia, on the day of
CA-8871
wmm\ordres\36-057ord.wpd
May 5, 2003
R-1
APPROVED AS TO CONTENT:
ity Manager' s Office
01 2003.
APPROVED AS TO LEGAL
SUFFICIENCY:
94
City ttorney's Office
3
u ems.
��`r4� S•y
n 1 •> w
Y �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Anti Terrorist Assistance Fund Grant
MEETING DATE: June 3, 2003
■ Background:
The Virginia Beach Police Department was awarded a $9,765 grant from the U.S.
Department of Justice, to purchase equipment to provide the department's Bomb Squad
with the capability to safely handle both conventional and improvised explosive devices
that pose a potential threat of chemical, biological and radiological hazards to officers
and the citizens of Virginia Beach. The funding will specifically be used to purchase
bomb tool kits and protective apparel to approach these hazardous devices.
■ Considerations:
This funding will enhance officer safety by providing personal protective equipment
rated with maximum effectiveness in responding to and mitigating these types of
hazards. There is no local cash or in -kind match.
■ Public Information:
Public information will be handled through the normal Council agenda process.
■ Alternatives:
This funding provides the Police Department the capacity to enhance officer safety in a
Weapons of Mass Destruction event. These purchases would otherwise require shifting
funds from everyday police needs.
■ Recommendations:
It is recommended that the Council accept and appropriate $9,765 to help
accommodate this need.
■ Attachments:
Award Letter
Recommended Action: Approval
Submitting Department/Agency: Police Department
City Manager:
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,765
2 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE
3 POLICE DEPARTMENT'S FY 2002-03 OPERATING
4 BUDGET TO SUPPORT EQUIPMENT PURCHASES FOR THE
5 BOMB SQUAD
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 Virginia:
8 That $ 9, 7 65 in grant funds from the U.S. Department of Justice
9 is hereby accepted and appropriated to the Police Department's FY
10 2002-03 Operating Budget, to support equipment purchases for the
11 bomb squad, with federal revenue increased accordingly.
12
Adopted
by the
Council
of the City of Virginia Beach, Virginia
13
on the
day
of
, 2003.
CA-8884
Ordin/Noncode/antiterrorord.wpd
R-1
May 21, 2003
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
v C
Law Departmen
V
�r
U.S. Department of Justice
Uniled States A itorney
E�Wern District of Virg7nia
Paul J. McNulty 2100Jam,ssonAvenue (709)299-3700
United Stares Attorney Alexandrjg Ylrginla 22314 Tax: 703,549-S202
April 21, 2003
Mr_ Alfred Ni Jacocks, Jr
Chief of Police
Virginia Beach Police Department
2509 Princess Anne Road
Virginia Beach, Virginia 23456
Dear Chief Jacocks.-
'Y �}
APR Z 3 2003
Y am pleased to advise you that your application to the U-S. Attorney's Anti -Terrorism
Assistance Fund (ATAF) has been approved in the amount of $91765.00. You will receive a
check from the Prince William County Police Department, our fiscal agent for this program, in the
near future.
Response to this anti terrorism initiative was very enthusi.a.stic. Because we received more
applications than we ,were able to fund, we reduced the award for each of the eleven successful
applicants by 2 25% from the amount requested. I hope you agree this was the best way to use
these limited resources.
I want to thank the Prince William County Police Department for its help in administering
this prosram as well as the members of the Selection Committee who reviewed the applications:
Chief Charlie Deane, Prince William Police Department, Chief John T. White, Poquoson Police
Department; Richard E. Trodden, Commonwealth's Attorney for Arlington County; Pau]
Lanteigne, Sheriff of Virginia Beach,- and W- Ck-rald Massengill, Superintendent of Virginia State
Police_
Thank you for your interest in this program. I look forward to working closely with you
to make Eastern Virginia a safer place for its citizens -
Sincerely,
FPaJ. McNulty
States Attorney
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Purchase of 36.821 Acres of Property Located Southwest of the Intersection of
Princess Anne Road and Sandbridge Road from David B. Hill, Jr. and Luke H. Hill, II for $1,
260, 000.
MEETING DATE: June 3, 2003
■ Background: In December 2001, David B. Hill, Jr. sent a letter to the City, offering to
sell the City of Virginia Beach approximately 36.821 acres of real property located
southwest of the intersection of Princess Anne Road and Sandbridge Road. The City's
Open Space Subcommittee, which is tasked with the responsibility of screening,
evaluating and recommending parcels of property to be acquired in furtherance of the
open space initiative, recommended acquisition of the property. After ten months of staff
evaluation and initial due diligence, the City Council directed staff to proceed with the
next steps in negotiating with the property owner to acquire the site. To date, all
necessary due diligence has been complete in order to proceed with closing on this real
estate transaction.
■ Considerations: The City's Outdoors Plan, a document accepted by City Council in
February 2001 as a guidance document for open space and recreational planning,
identifies a City-wide need for 68 ball fields and soccer/multi-purpose fields. Acquiring
this property will begin to address this identified need by providing the City with an area
for future athletic facilities. The property is adjacent to a future elementary school site
and can be coordinated with the development of the school; encouraging shared
resources (parking, playground and athletic field development) and increasing the
efficiency of future community facilities.
■ Public Information: Notice of this ordinance will be handled through the normal agenda
process.
■ Alternatives: Purchase the property or reject Messrs. Hill offer to sell the property to
the City.
■ Recommendations: Staff recommends that Council adopt the ordinance and authorize
the City Manager to purchase the property from David B. Hill, Jr. and Luke H. Hill, II for
$1,260,000 in accordance with the terms contained in the Purchase Agreement.
■ Attachments: Ordinance, Plat.
Recommended Action: Approval
Submitting Departme gency: Public Works
City Manager:
1 ORDINANCE NO.
2 AN ORDINANCE TO AUTHORIZE
3 ACQUISITION OF APPROXIMATELY 36.821
4 ACRES OF PROPERTY LOCATED
5 SOUTHWEST OF THE INTERSECTION OF
6 PRINCESS ANNE ROAD AND SANDBRIDGE
7 ROAD FOR $1, 260,000 FROM DAVID B.
8 HILL, JR. AND LUKE H. HILL, 11.
9 WHEREAS, David B. Hill, Jr. and Luke H. Hill, II (collectively, the "Hills") own
10 36.821 acres of real estate located southwest of the intersection of Princess Anne Road
11 and Sandbridge Road (the "Property"), and the Hills desire to sell the Property to the City
12 of Virginia Beach (the "City") ;
13 WHEREAS, the City's Open Space Subcommittee has identified the Property as a
14 parcel to be considered for acquisition as part of the City's open space initiative, and has
15 recommended that the Property be acquired for such purposes;
16 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
17 Council") is of the opinion that the acquisition of the Property would further the City's open
18 space initiative; and
19 WHEREAS, funding for this acquisition is available in the Open Space Acquisition
20 CIP account (CIP 4-004).
21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
22 VIRGINIA:
23 1. That the City Council authorizes the acquisition of the Property by
24 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which
25 Property is shown on Exhibit A attached hereto.
26 2. That the City Manager or his designee is authorized to execute on
27 behalf of the City of Virginia Beach, a Purchase Agreement for the Property, for the sum
28 of $1,260,000 and in accordance with the terms contained in the Purchase Agreement.
29 3. That the City Manager or his designee is further authorized to execute
30 all documents that may be necessary or appropriate in connection with the purchase of the
31 Property, so long as such documents are acceptable to the City Manager and the City
32 Attorney.
33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
34 , 2003.
CA-8840
F:\Users\VVaildej\WP\BZA\Hill.ord.wpd
date:May 28, 2003
R-1
APPROVED AS TO CONTENT:
--41ZJ4
Public Works/Real Estate
APPROVED AS TO LEGAL
SUFFI 3ENC .
s
City Attorney
2
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May 13, 2003
MAYOR OBERNDORF: Thank you, Mrs. Smith. Mr. Wood.
COUNCILMAN WOOD: I would just move that we defer this Item
until June 3rd.
COUNCILMAN SCHMIDT: Second.
COUNCILMAN REEVE: Second.
MAYOR OBERNDORF: Motion by Mr. Wood and seconded by
Mr. Schmidt and Mr. Reeve at the same time
that we defer this until June 3rd. Are we ready for the question?
CITY CLERK: By a vote of 11 to 0 you have deferred until
June the 3rd the Resolution and a Public
Hearing.
rl
May 13, 2003
FORMAL SESSION
CITY CLERK: The next Item is the Resolution to adopt
procedures for considering unsolicited
requests from private entities. I do have a speaker, Your Honor.
Robert O'Connor.
MAYOR OBERNDORF: Mr. O'Connor, we welcome your remarks. I
understand that during the Informal Session
the Council has decided not to vote on this tonight. It will be
deferred until a later time for a more in-depth discussion by the
Council.
ROBERT O'CONNOR: Well, fine. That was the basic premise that
I would ask you folks to defer that. As you
recall you did make a promise years ago, maybe two years ago, for a
three -step process. Pardon my voice this evening. As long as you
are going to defer it. And you will have a Public Hearing next week?
VICE MAYOR JOKES: On the 3rd.
ROBERT O'CONNOR: On the 3rd. Okay.
MAYOR OBERNDORF: June the 3rd.
ROBERT O'CONNOR: June the 3rd. All right. Thank you very
much.
MAYOR OBERNDORF: Thank you.
CITY CLERK: Those are all the speakers registered.
2
May 13, 2003
COUNCILMAN MADDOX: When are we going to have an opportunity to
talk about it?
COUNCIL LADY EURE: Yeah.
COUNCILMAN MADDOX: Can we set a little time aside, you know,
back here next week to kick it around again?
VICE MAYOR JONES: I think that's a good idea, yeah.
COUNCILMAN MADDOX: Okay.
COUNCIL LADY MCCLANAN: I think we ought to hear anyone who is here
today and set a Public Hearing next week as
well as -- we need to hear if there is public input and so forth, but
we do need to discuss it before it's on here to vote.
COUNCIL LADY EURE:
COUNCIL LADY McCLANAN:
COUNCIL LADY EURE:
industry.
With the theater coming up --
Yeah.
And that proposal is not -- I think we're
going to hear some loud cries from the
VICE MAYOR JONES: It's on the Agenda. There may be somebody
here today to speak on the Item. In any
event, somebody will make a motion to have Public Hearing next week
and put it back on the Agenda next week. Okay.
5
May 13, 2003
week you know but --
COUNCIL LADY EURE: How about notifying the public of the
Hearing?
CITY CLERK: It will only be on the Agenda.
VICE MAYOR JONES: How long do you have to have to set up a
Public Hearing, notification for a Public
Hearing, Mrs. Smith?
CITY CLERK: You're talking about advertising?
VICE MAYOR JONES: Yeah.
CITY CLERK: Three weeks.
COUNCIL LADY EURE: Three weeks?
CITY ATTORNEY: You can have a Public Hearing and place it
on your Agenda, but what Mrs. Smith is
telling you is if you want to advertise specifically in a specific
newspaper advertisement, she needs that kind of lead time to get it
in the paper.
VICE MAYOR JONES: We can have a Public Hearing in the Agenda,
right?
CITY ATTORNEY: Yes, sir.
VICE MAYOR JONES: Okay. Let's just do that.
I
May 13, 2003
VICE MAYOR JONES: All right. We won't put that on Consent
then. We will wait and talk about it out
front.
COUNCIL LADY EURE: I would like to almost see it pulled and set
up a Public Hearing.
VICE MAYOR JONES: Well, we can defer it out front.
COUNCIL LADY EURE: Because this sort of eliminates bid
processing --
COUNCIL LADY MCCLANAN: It does.
COUNCIL LADY EURE: I have a problem with that. That's an
American Right almost and I would like to
have a Public Hearing before we put it -- defer it off of this
Agenda.
VICE MAYOR JONES: Okay. We can defer it if everybody wants to
defer it until another week if you would
like to do that and then we can set a Public Hearing on the Item.
COUNCILMAN SCHMIDT: I would like to see us not defer it too
terribly long.
VICE MAYOR JONES: We have some other things and this needs to
be decided on.
COUNCILMAN SCHMIDT: Yes, sir.
VICE MAYOR JONES: I don't have a problem deferring it for a
3
May 13, 2003
Agenda Review
VICE MAYOR JONES: Item 4, Resolution to adopt procedures for
considering unsolicited requests from
private entities. Mr. Schmidt.
COUNCILMAN SCHMIDT: I'm really in favor of this, but I'm still
having a struggle over the fee issue.
COUNCILMAN MADDOX: I agree.
COUNCILMAN SCHMIDT: I mean, I don't know if we've ever
gotten -- I've submitted these, you know,
over my career to municipalities. I don't know how many of these
we've gotten. Maybe some maybe none, but it seems to me that if
someone is coming to the City to try to save them money and we're
going to charge them a fee for the right to then compete with
someone, if we decide that we would like their proposal, I just have
a real problem with that.
COUNCIL LADY McCLANAN: Well, this has not been discussed by the
public and I really don't think we ought to
even consider putting it on the Consent Agenda. It was discussed in
here last --
MAYOR JONES: Yeah, we discussed it last week, but we
haven't had any public comment --
COUNCIL LADY McCLANAN: Public comment or public discussion, you
know, among ourselves and my thought would
be that we probably ought to see what kind of discussion among us and
from the public.
2
Virginia Beach City Council
May 27, 2003
4:00 p.m.
CITY COUNCIL:
Meyera E. Oberndorf, Mayor
Vice Mayor Louis R. Jones
Harry E. Diezel
Margaret L. Eure
Reba McClanan
Richard A. Maddox
Jim Reeve
Peter Schmidt
Ron A. Villanueva
Rosemary Wilson
James L. Wood
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
VERBATIM
At -Large
Bayside - District 4
Kempsville - District 6
Centerville - District 1
Rose Hall - District 3
Beach - District 6
Princess Anne - District 7
At -Large
At -Large
At -Large
Lynnhaven - District 5
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
Resolution to adopt procedures for considering unsolicited requests
from private entities under the Public -Private Education Facilities
and Infrastructure Act of 2002
1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution to Adopt Procedures regarding requests made pursuant
to be The Public -Private Education and Facilities Infrastructure Act of 2002
MEETING DATE: June 3, 2003
■ Background: The Public -Private Education and Facilities Infrastructure Act
of 2002 (PPEA) became effective July 1, 2002. The Act provides that a public
entity may consider proposals by private entities for qualifying projects pursuant
to the PPEA. The public entity must adopt procedures that enable the public
entity to comply with the PPEA.
■ Considerations: The proposed procedures are required for the City to be
able to consider "Unsolicited Proposals" for qualifying projects submitted under
the PPEA. The Act provides that the City may still consider "Solicited
Proposals" for qualifying projects without adoption of these procedures.
■ Public Information: Public Hearing to be conducted at June 3rd meeting. In
addition, adopted procedures must be made publicly available.
■ Alternatives: Do not adopt the proposed procedures, which will prohibit
the submission of "Unsolicited Proposals" for qualifying projects.
■ Recommendations: Adopt procedures.
■ Attachments: Resolution and letter of May 15 to Council
Recommended Action: Approval
Submitting Department/Agency: Finance
City Manager:
1 A RESOLUTION ADOPTING PROCEDURES FOR
2 CONSIDERING UNSOLICITED REQUESTS
3 FROM PRIVATE ENTITIES FOR APPROVAL
4 OF QUALIFYING PROJECTS UNDER THE
5 PUBLIC -PRIVATE EDUCATION FACILITIES
6 AND INFRASTRUCTURE ACT OF 2002
7
8
9
10 WHEREAS, the Public -Private Education Facilities and
11 Infrastructure Act of 2002 ("Act") has the potential, in certain
12 cases, to provide for the construction of public facilities more
13 quickly and at a lower cost; and
14 WHEREAS, for the City Council to be able to consider
15 unsolicited proposals from private entities for approval of
16 qualifying projects under the Act, procedures must be established
17 that permit the City to comply with the provisions of the Act.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 1. That, as required by Virginia Code § 56-575.16, the
21 City Council hereby adopts the "City of Virginia Beach Procedures
22 Regarding Requests Made Pursuant to the Public -Private Education
23 Facilities and Infrastructure Act of 2002," attached as Exhibit A,
24 as the procedures that will be followed in considering all
25 unsolicited requests from private entities for approval of
26 qualifying projects under the Act.
27 2. That the City's Purchasing Agent is hereby directed
28 to make these procedures publicly available, which shall include
29 posting them in Purchasing Division offices and on the City's
30 website.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia on the 27th day of May, 2003.
CA-8885
ORDIN\NONCODE\PPEARes.wpd
May 22, 2003
R2
APPROVED AS TO CONTENTS:
Pta At P J rk
Finance Department
APPROVED AS TO LEGAL
SUFFICIENCY:
r
`City Attorn Offi e
2
EXHIBIT A
City of Virginia Beach
Procedures Regarding Requests Made Pursuant to
the Public -Private Education Facilities and
Infrastructure Act of 2002
Adopted by the Council of
the City of Virginia Beach, Virginia
on May 27, 2003
Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
Table of Contents
I. Introduction....................................................................................................p. 3
II. General Provisions.........................................................................................p. 3
A. Proposals..................................................................................................p. 3
B. Affected Local Jurisdictions....................................................................p. 4
C. Virginia Freedom of Information Act
......................................................p. 4
D. Use of Public Funds.................................................................................p. 5
E. Applicability of Other Laws....................................................................p. 5
III. Solicited Bid/Proposals............................................................................. p. 5
IV. Unsolicited Proposals.....................................................................................p. 5
A. Decision to Accept and Consider Unsolicited Proposal; Notice .............p. 6
B. Contents of Initial Submission.................................................................p. 6
C. Review Fees.............................................................................................p. 7
D. Initial Review at the Conceptual Stage....................................................p. 7
E. Format for Submissions at the Conceptual Stage....................................p. 8
F. Format for Submissions at the Detailed Stage.........................................p. 10
V. Proposal Evaluation and Selection Criteria...................................................p. 12
A. Qualifications and Experience.................................................................p. 12
B. Project Characteristics.............................................................................p. 12
C. Project Financing.....................................................................................p. 13
D. Project Benefit and Compatibility...........................................................p. 13
VI. Comprehensive Agreement............................................................................p. 14
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
I. INTRODUCTION
The Public -Private Education Facilities and Infrastructure Act of 2002, Va. Code
Ann. §§ 56-575.1 to-575.16 (LNMB Supp. 2002) (the "PPEA"), grants a public entity
the authority to create public -private partnerships for the development of a wide range of
projects for public use ("qualifying projects") if the public entity determines that there is
a need for a project and that private involvement may provide the project to the public in
a timely or cost-effective fashion. The definition of "public entity" in § 56-575.1 of the
PPEA includes, inter aha, any political subdivision of the Commonwealth.
Section 56-575.16 of the PPEA provides that a public entity having the power to
acquire, design, construct, improve, renovate, expand, equip, maintain, or operate a
qualifying project (a "responsible public entity") may not consider any unsolicited
proposal by a private entity for approval of the qualifying project pursuant to the PPEA
until the responsible public entity has adopted and made publicly available procedures
that are sufficient to enable the responsible public entity to comply with the PPEA.
Accordingly, these procedures (the "Procedures") have been adopted by the City Council
(the "Council") as the governing body of the City of Virginia Beach (the "City ").
II. GENERAL PROVISIONS
A. Proposals
1. Pursuant to Section 56-575.4 of the PPEA, a proposal to provide a
qualifying project to a responsible public entity may be either solicited from private
entities by the public entity (a "Solicited Bid/Proposal") or delivered to the public entity
by a private entity on an unsolicited basis (an "Unsolicited Proposal"). In either case, any
such proposal shall be clearly identified as a "PPEA Proposal."
2. The requirements for any particular Solicited Bid/Proposal shall be
as specified in the solicitation by the City for that particular proposal and shall be
consistent with all applicable provisions of the PPEA.
3. Any Unsolicited Proposal shall be submitted to the City by
delivering six complete copies, together with the required initial review fee as provided
below in § IV(C), to the Purchasing Agent, Department of Finance, Purchasing Division,
2388 Court Plaza Drive, Virginia Beach, VA 23456. Other requirements for an
Unsolicited Proposal are as set forth below in § IV. A working group may be designated
by the City Manager to review and evaluate all unsolicited proposals.
4. The City may require that any proposal be clarified. Such
clarification may include but is not limited to submission of additional documentation,
responses to specific questions, and interviews with potential project participants.
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
B. Affected Local Jurisdictions
1. The term "affected local jurisdiction" includes any county, city or
town in which all or a portion of a qualifying project is located.
2. Any private entity submitting a Solicited Bid/Proposal or an
Unsolicited Proposal to the City as the responsible public entity for a qualifying project
must provide any other affected local jurisdiction with a copy of the proposal by certified
mail, express delivery, or hand delivery within five (5) business days of submission of the
proposal to the City. Any such other affected local jurisdiction shall have 60 days from
the date it receives its copy of the proposal to submit written comments to the City and to
indicate whether the proposed qualifying project is compatible with the affected local
jurisdiction's local comprehensive plan, local infrastructure development plans, capital
improvements budget, or other government spending plan. The City will consider
comments received within the 60-day period prior to entering into a comprehensive
agreement pursuant to the PPEA regarding the proposal. However, the City may begin or
continue its evaluation of any such proposal during the 60-day period for the receipt of
comments from affected local jurisdictions.
C. Virginia Freedom of Information Act
1. Any confidential and proprietary information provided to a
responsible public entity by a private entity pursuant to the PPEA shall be subject to
disclosure under the Virginia Freedom of Information Act ("FOIA") except as provided
by § 56-575.4(G) of the PPEA.
2. To prevent the release of any confidential and proprietary
information that otherwise could be held in confidence pursuant to § 56-575.4(G) of the
PPEA, the private entity submitting the information must (i) invoke the exclusion from
FOIA when the data or materials are submitted to the City or before such submission, (ii)
identify the data and materials for which protection from disclosure is sought, and (iii)
state why the exclusion from disclosure is necessary. A private entity may request and
receive a determination from the City as to the anticipated scope of protection prior to
submitting the proposal. The City is authorized and obligated to protect only confidential
proprietary information, and thus will not protect any portion of a proposal from
disclosure if the entire proposal has been designated confidential by the private entity
without reasonably differentiating between the proprietary and non-proprietary
information contained therein.
3. Upon receipt of a request from a private entity that designated
portions of a proposal be protected from disclosure as confidential and proprietary, the
City will determine whether such protection is appropriate under applicable law and, if
appropriate, the scope of such appropriate protection, and shall communicate its
determination to the private entity. If the determination regarding protection or the scope
thereof differs from the private entity's request, then the City will accord the private
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
entity a reasonably opportunity to clarify and justify its request. Upon a final
determination by the City to accord less protection than requested by the private entity,
the private entity will be given an opportunity to withdraw its proposal. A proposal so
withdrawn will be treated in the same manner as a proposal not accepted for publication
and conceptual -phase consideration as provided below in § IV(A)(1).
D. Use of Public Funds
Virginia constitutional and statutory requirements as they apply to
appropriation and expenditure of public funds apply to any comprehensive agreement
entered into under the PPEA. Accordingly, the processes and procedural requirements
associated with the expenditure or obligation of public funds shall be incorporated into
planning for any PPEA project or projects.
E. Applicability of Other Laws
Nothing in the PPEA shall affect the duty of the City to comply with all
other applicable law not in conflict with the PPEA. The applicability of the Virginia
Public Procurement Act (the "VPPA") is as set forth in the PPEA.
III. SOLICITED BID/PROPOSALS
The procedures applicable to any particular Solicited Bid/Proposal shall be
specified in the solicitation for that proposal and shall be consistent with the requirements
of the PPEA and any other applicable law. All such solicitations shall be by issuance of a
written Invitation to Bid ("IFB") or Request for Proposal ("RFP") within the meaning of
those terms as used in the City of Virginia Beach Procurement ordinance. Any proposal
submitted pursuant to the PPEA that is not received in response to an IFB or RFP shall be
an Unsolicited Proposal under these procedures. Such Unsolicited Proposals include but
are not limited to (a) proposals received in response to a notice of the prior receipt of
another Unsolicited Proposal as required by the PPEA and provided for below in §
IV(A)(2) and (b) proposals received in response to publicity by the City concerning
particular needs when the City has not issued a corresponding IFB or RFP, even if the
City otherwise has encouraged the submission of proposals pursuant to the PPEA that
address those needs.
IV. UNSOLICITED PROPOSALS
The process for evaluating an Unsolicited Proposal, described in detail below,
consists of four steps. Briefly summarized, upon receipt of an Unsolicited Proposal the
City 's first step will be to determine whether to accept it for consideration at the
conceptual stage. If so, then in step two the City will give public notice of the
Unsolicited Proposal, and allow for submission of other competing proposals. In step
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
three the City will proceed with a review at the conceptual stage of the original
Unsolicited Proposal and/or any proposal received in response to the public notice and
accepted for consideration at the conceptual stage. Step four is an in-depth review at the
detailed stage of the original Unsolicited Proposal and/or any proposal received in
response to the public notice and accepted for consideration at the detailed stage. The
City shall be afforded sufficient time as it deems necessary for complete review and
evaluation of all proposals submitted; proposals shall remain valid and not revised, other
than by the stated procedure, during this period. However, the City may, at its sole
discretion, discontinue its evaluation of any proposal at any time. Furthermore, if the
City determines that it is in the City 's interest to do so with respect to any Unsolicited
Proposal, the City may eliminate review at the conceptual stage and proceed directly to a
review at the detailed stage.
A. Decision to Accept and Consider Unsolicited Proposal; Notice
1. Upon receipt from a private entity of any Unsolicited Proposal
accompanied by payment of any required fees, the City will determine whether to accept
the Unsolicited Proposal for publication and conceptual -phase consideration, as described
below. If the City determines not to accept the proposal at this stage, it will return the
proposal and the accompanying initial review fee to the private entity.
2. If the City chooses to accept an Unsolicited Proposal for
conceptual -phase consideration, it shall give public notice of the proposal in accordance
with the PPEA and shall specify a period of time not less than 45 days during which it
will receive competing Unsolicited Proposals pursuant to § 56-575.4(A) of the PPEA.
Although not required by the PPEA, at the discretion of the City such notice may be
given consistent with the requirements for public notice as set forth in the Virginia Beach
City Procurement ordinance. During the 45-day period for receiving competing
Unsolicited Proposals, the City may continue to evaluate the original Unsolicited
Proposal.
B. Contents of Initial Submission
1. An Unsolicited Proposal must contain information on the private
entity's qualifications and experience, project characteristics, project financing,
anticipated public reaction, and project benefit and compatibility. The information
should be adequate to enable the City to evaluate the practicality and sufficiency of the
proposal. The private entity may request that the City consider a two-step proposal
process, consisting of an initial conceptual submission to be followed by a more detailed
submission.
2. Unsolicited Proposals should provide a concise description of the
private entity's capability to complete the proposed qualifying project and the benefits to
be derived from the project by the City. Project benefits to be considered may occur
during the construction, renovation, expansion or improvement phase and during the life
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
cycle of the project. Proposals also should include a comprehensive scope of work and a
financial plan for the project, containing enough detail to allow an analysis by the City of
the financial feasibility of the proposed project, including but not limited to (a) the
identity of any parties expected to provide financing for the project and (b) a statement
indicating whether the private entity intends to request the City to provide resources for
financing the project and the nature and extent of any such resources. The scope of work
shall be of sufficient detail to identify the level of quality of the project commensurate
with recognized design standards or by project qualities established or prescribed by the
City of Virginia Beach for a given project.
3. The City may require additional submissions to clarify information
previously provided or to address other areas of concern to the City.
C. Review Fees
1. A review fee will be charged a private entity submitting an
Unsolicited Proposal to the City, to cover the City 's costs of processing, reviewing, and
evaluating the proposal, including the cost to compare it to any competing proposals.
Such costs include but are not limited to City staff time, the cost of any materials or
supplies expended, and the cost of any outside advisors or consultants, including but not
limited to attorneys, consultants, and financial advisors, used by the City in its sole
discretion to assist in processing, reviewing, or evaluating the proposal. Such fees
generally shall be in the amount necessary to completely cover all of the City 's costs.
2. Such fees shall be imposed based on the reasonably anticipated
costs to the City in accordance with the following schedule:
a. Initial fee. Payment of an initial fee must accompany the
submission of the Unsolicited Proposal to the City in order for the City to proceed with
its review. The initial fee shall be one percent (1%) of the reasonably anticipated total
cost of the proposed qualifying project, but shall be no less than $2,500 nor more than
$25,000, regardless of the anticipated total cost.
b. Additional fees. Additional fees shall be imposed on and
paid by the private entity throughout the processing, review, and evaluation of the
Unsolicited Proposal if and as the City reasonably anticipates incurring costs in excess of
the initial fee paid by the private entity. The City will notify the private entity of the
amount of such additional fees as and when it anticipates incurring such costs. Prompt
payment of such additional fees is required before the City will continue to process,
review, and evaluate the proposal.
C. Reimbursement of excess fees paid. In the event the total
fees paid by the private entity exceed the City 's total costs incurred in processing,
reviewing, and evaluating the proposal, the City shall reimburse the difference.
Otherwise, the City shall retain all fees paid.
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
D. Initial Review at the Conceptual Stage
1. Only proposals complying with the requirements of the PPEA and
these Procedures that contain sufficient information for a meaningful evaluation and that
are provided in an appropriate format, as described below, will be considered by the City
for further review at the conceptual stage.
2. The City will determine at this initial stage of review whether it
will proceed using procurement through competitive sealed bidding as defined in the
VPPA or procedures developed by the City that are consistent with procurement of other
than professional services through competitive negotiation as defined in the VPPA.
3. After reviewing an Unsolicited Proposal and any competing
Unsolicited Proposals submitted during the notice period, the City may determine (a) not
to proceed further with any proposal, (b) to proceed to the detailed phase of review with
the original proposal, (c) to proceed to the detailed phase with a competing proposal, or
(d) to proceed to the detailed phase with multiple proposals. At all times the City retains
the right to reject any proposal at any time for any reason whatsoever.
E. Format for Submissions at the Conceptual Stage
Unsolicited Proposals at the conceptual stage shall contain the following
information in the following format, plus such additional information as the City may
request:
1. Qualification and Experience
a. Identify the legal structure of the firm or consortium of
firms making the proposal. Identify the organizational structure for the project, the
management approach and how each partner and major subcontractor in the structure fits
into the overall team.
b. Describe the experience of the firm or consortium of firms
making the proposal and the key principals involved in the proposed project including
experience with projects of comparable size, value, quality and complexity. Describe the
length of time in business, business experience, public sector experience and other
engagements of the firm or consortium of firms. Include the identity of any firms that
will provide design, construction and completion guarantees and warranties and a
description of such guarantees and warranties. Provide resumes of the key individuals
who will be involved in the project.
C. Provide the names, addresses, and telephone numbers of
persons within the firm or consortium of firms who may be contacted for further
information.
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
d. Provide a current or most recently audited financial
statement of the firm or firms and each partner with an equity interest of twenty percent
or greater.
e. Identify the officers and directors of the firm or firms
submitting the proposal.
f. Identify all businesses that have a parent -subsidiary or
affiliated business entity relationship with the firm or firms submitting the proposal.
The State and Local Government Conflict of Interests Act, at Virginia Code § 2.2-
3101, defines "parent -subsidiary relationship" as "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." In the same Code section, the Act defines
"affiliated business entity relationship" as "a relationship, other than parent -subsidiary
relationship, that exists when (i) one business entity has a controlling ownership interest
in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the
business entities. Factors that should be considered in determining the existence of an
affiliated business entity relationship include that the same person or substantially the
same person own or manage the two entities; there are common or commingled funds or
assets; the business entities share the use of the same offices or employees or otherwise
share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities."
g. Identify all known contractors or service providers,
including but not limited to the providers of architectural services, real estate services,
financial services, and legal services.
2. Project Characteristics
a. Provide a description of the project, including the
conceptual design. Describe the proposed project in sufficient detail so that type, quality,
value and intent of the project, the location, preliminary value of the land necessary to be
acquired, and the communities that may be affected are clearly identified.
b. Identify and fully describe any work to be performed by the
City or any other public entity.
C. Include a list of all federal, state and local permits and
approvals required for the project and a schedule for obtaining such permits and
approvals.
Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
d. Identify any anticipated adverse social, economic and
environmental impacts of the project. Specify the strategies or actions to mitigate known
impacts of the project.
e. Identify the projected positive social, economic and
environmental impacts of the project.
f. Identify the proposed schedule for the work on the project,
including the estimated time for completion.
g. Propose allocation of risk and liability for work completed
beyond the agreement's completion date, and assurances for timely completion of the
proj ect.
h. State assumptions related to ownership, legal liability, law
enforcement and operation of the project and the existence of any restrictions on the
public entity's use of the project.
i. Provide information relative to phased or partial openings
of the proposed project prior to completion of the entire work.
j . Describe any architectural, building, engineering, or other
applicable standards that the proposed project will meet. Define applicable quality
standards to be adhered to for achieving the desired product outcome(s).
3. Project Financing
a. Provide a preliminary estimate and estimating methodology
of the cost of the work by phase, segment, or both.
b. Submit a plan for the development, financing and operation
of the project showing the anticipated schedule on which funds will be required. Describe
the anticipated costs of and proposed sources and uses for such funds.
C. Include a list and discussion of assumptions underlying all
major elements of the plan.
d. Identify all anticipated risk factors and methods for dealing
with these factors.
e. Identify any local, state or federal resources that the private
entity contemplates requesting for the project. Describe the total commitment, if any,
expected from governmental sources (and identify each such source) and the timing of
any anticipated commitment.
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Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
f. Identify any third parties that the private entity
contemplates will provide financing for the project and describe the nature and timing of
each such commitment.
4. Project Benefit and Compatibility
a. Describe the anticipated benefits to the community, region
or state, including anticipated benefits to the economic condition of the City, and identify
who will benefit from the project and how they will benefit.
b. Identify any anticipated public support or opposition, as
well as any anticipated government support or opposition, for the project.
C. Explain the strategy and plans that will be carried out to
involve and inform the general public, business community, and governmental agencies
in areas affected by the project.
d. Explain whether and, if so, how the project is critical to
attracting or maintaining competitive industries and businesses to the City or the
surrounding region.
e. Explain whether and, if so, how the project is compatible
with the City 's comprehensive plan, infrastructure development plans, capital
improvements budget, or other government spending plan.
f. Explain how quality standards of the project will be
satisfied in comparison with the qualities anticipated or proposed by the City of Virginia
Beach for the project.
F. Format for Submissions at the Detailed Stage
If the City decides to proceed to the detailed phase of review with one or
more Unsolicited Proposals, then the following information must be provided by the
private entity unless waived by the City:
1. A topographical map (1:2,000 or other appropriate scale) depicting
the location of the proposed project.
2. A list of public utility facilities, if any, that will be crossed by the
qualifying project and a statement of the plans of the private entity to accommodate such
crossings.
3. A statement and strategy setting out the plans for securing all
necessary property. The statement must include the names and addresses, if known, of
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Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
the current owners of the subject property as well as a list of any property the private
entity intends to request the public entity to condemn.
4. A detailed listing of all firms that will provide specific design,
construction and completion guarantees and warranties, and a brief description of such
guarantees and warranties.
5. A total life -cycle cost specifying methodology and assumptions of
the project or projects and the proposed project start date. Include anticipated
commitment of all parties; equity, debt, and other financing mechanisms; and a schedule
of project revenues and project costs. The life -cycle cost analysis should include, but not
be limited to, a detailed analysis of the projected return, rate of return, or both, expected
useful life of facility and estimated annual operating expenses.
6. A detailed discussion of assumptions about user fees or rates, and
usage of the projects.
7. Identification of any known government support or opposition, or
general public support or opposition for the project. Government or public support
should be demonstrated through resolution of official bodies, minutes of meetings, letters,
or other official communications.
8. Demonstration of consistency with appropriate local
comprehensive or infrastructure development plans or indication of the steps required for
acceptance into such plans.
9. Sufficient design and engineering detail to establish floor plans,
elevations, and site characteristics.
10. Explanation of how the proposed project would impact local
development plans of each affected local jurisdiction.
11. Identify the officers and directors of the firm or firms submitting
the proposal.
12. Identify all businesses that have a parent -subsidiary or affiliated
business entity relationship with the firm or firms submitting the proposal.
The State and Local Government Conflict of Interests Act, at Virginia
Code § 2.2-3101, defines "parent -subsidiary relationship" as "a relationship that exists
when one corporation directly or indirectly owns shares possessing more than 50 percent
of the voting power of another corporation." In the same Code section, the Act defines
"affiliated business entity relationship" as "a relationship, other than parent -subsidiary
relationship, that exists when (i) one business entity has a controlling ownership interest
in the other business entity, (ii) a controlling owner in one entity is also a controlling
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Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
owner in the other entity, or (iii) there is shared management or control between the
business entities. Factors that should be considered in determining the existence of an
affiliated business entity relationship include that the same person or substantially the
same person own or manage the two entities; there are common or commingled funds or
assets; the business entities share the use of the same offices or employees or otherwise
share activities, resources or personnel on a regular basis; or there is otherwise a close
working relationship between the entities."
13. Identify all known contractors or service providers, including but
not limited to the providers of architectural services, real estate services, financial
services, and legal services.
14. Detailed analysis of the financial feasibility of the proposed
project, including its impact on similar facilities operated or planned by the City. Include
a detailed description of any financing plan proposed for the project, a comparison of that
plan with financing alternatives that may be available to the City, and all underlying data
supporting any conclusions reached in the analysis or the selection by the private entity of
the financing plan proposed for the project.
15. Additional material and information as the City may request.
V. PROPOSAL EVALUATION AND SELECTION CRITERIA
Some or all of the following matters may be considered in the evaluation
and selection of PPEA proposals. However, the City retains the right at all times to reject
any proposal at any time for any reason whatsoever.
A. Oualifications and Experience
Factors to be considered in either phase of the City's review to determine
whether the private entity possesses the requisite qualifications and experience may
include but are not necessarily limited to:
1. Experience with similar projects of comparable scope & value;
2. Demonstration of ability to perform work at the appropriate level
of quality standards;
3. Leadership structure;
4. Project manager's experience;
5. Management approach;
-13-
Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
6. Financial condition; and
7. Project ownership.
B. Proiect Characteristics
Factors to be considered in determining the project characteristics may
include but are not necessarily limited to:
1. Project definition;
2. Proposed project schedule;
3. Operation of the project;
4. Technology; technical feasibility;
5. Conformity to laws, regulations, and standards;
6. Environmental impacts;
7. Condemnation impacts;
8. State and local permits; and
9. Maintenance of the project.
10. Quality standards to meet proposed project quality.
C. Proiect Financing
Factors to be considered in determining whether the proposed project
financing allows adequate access to the necessary capital to finance the project may
include but are not necessarily limited to:
1. Cost and cost benefit to the City;
2. Financing and the impact on the debt or debt burden of the City;
3. Financial plan;
4. Estimated cost;
5. Life -cycle cost analysis; and
-14-
Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
6. The identity of any third party that will provide financing for the
project and the nature and timing of their commitment.
7. Comparable costs of other project delivery methods.
D. Proiect Benefit and Compatibility
Factors to be considered in determining the proposed project's
compatibility with the appropriate local or regional comprehensive or development plans
may include but are not necessarily limited to:
1. Community benefits;
2. Community support or opposition, or both;
3. Public involvement strategy;
4. Compatibility with existing and planned facilities; and
5. Compatibility with local, regional, and state economic
development efforts.
6. Fiscal impact to the City of Virginia Beach in terms of revenues
and expenditures.
7. Economic output of the project in terms of jobs and total economic
impact on the local economy.
VI. COMPREHENSIVE AGREEMENT
Prior to acquiring, designing, constructing, improving, renovating, expanding,
equipping, maintaining, or operating any qualifying project, a selected private entity shall
enter into a comprehensive agreement with the City as provided by the PPEA. Any such
comprehensive agreement, and any amendment thereto, must be approved by the City
Council before it is entered into on behalf of the City.
As provided by the PPEA, the terms of the comprehensive agreement shall
include but not be limited to:
1. Delivery of maintenance, performance and payment bonds or
letters of credit in connection with any acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, or operation of the qualifying project, in
the forms and amounts satisfactory to the City;
-15-
Public Private Educational Facilities and Infrastructures Act of 2002 Procedures
2. Review and approval of plans and specifications for the qualifying
project by the City;
3. The right of the City to inspect the qualifying project;
4. Maintenance of a policy or policies of liability insurance or self-
insurance in from and amount satisfactory to the City and reasonably sufficient to insure
coverage of tort liability to the public and employees and to enable the continued
operation of the qualifying project;
5. Monitoring of the practices of the operator by the City to ensure
proper maintenance;
6. Reimbursement to be paid to the City for services provided by the
City;
7. Filing by the operator of appropriate financial statements on a
periodic basis;
8. Policies and procedures governing the rights and responsibilities of
the City and the operator in the event that the comprehensive agreement is terminated or
there is a material default by the operator, including the conditions governing assumption
of the duties and responsibilities of the operator by the City and the transfer or purchase
of property or other interests of the operator by the City;
9. Providing for such user fees, lease payments, or service payments,
if any, as may be established from time to time by agreement of the parties, which shall
be the same for persons using the facilities under like conditions and shall not materially
discourage use of the qualifying project. Classifications according to reasonable
categories for assessment of user fees may be made.
10. Requiring a copy of any service contract to be filed with the City
and providing that a schedule of the current user fees or lease payments shall be made
available by the operator to any member of the public upon request.
11. The terms and conditions under which the responsible public entity
may contribute financial resources, if any, for the qualifying project; and
12. Any other provisions required by applicable law.
Any changes in the terms of the comprehensive agreement as may be agreed upon
by the parties from time to time shall be added to the comprehensive agreement only by
written amendment.
-16-
Public -Private Educational Facilities and Infrastructures Act of 2002 Procedures
VII. GOVERNING PROVISIONS
In the event of any conflict between these provisions and the PPEA, the terms of
the PPEA shall control.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Expressing City Policy with Respect to the Use of Lake
Wesley for Certain Activities and Authorizing and Directing the City
Manager to Implement Such Policy
MEETING DATE: June 3, 2003
■ Background: The use of Lake Wesley as a site for the placement of large barges,
marine cranes, sections of dredge pipe and related equipment has resulted in
increased noise levels and has disrupted the tranquility of nearby neighborhoods.
Owners of adjacent residential property, fishermen, boaters, swimmers, and
environmental groups have expressed concerns about the continuing impact of
such activity on the public safety and quiet enjoyment of the persons living near
Lake Wesley.
Councilmembers Richard A. Maddox and Peter W. Schmidt have requested that
this Resolution be brought forward.
■ Considerations: The Resolution expresses that it shall be the policy of the City of
Virginia Beach that Lake Wesley shall not be used as an industrial anchorage,
including the placement by contractors of barges, marine cranes, sections of dredge
pipe and related marine construction equipment, except in cases of bona fide
emergency or when other sites cannot be used. It also authorizes and directs the
City Manager to implement the policy by taking certain actions set forth in the
Resolution.
■ Public Information: No special advertising or public hearing is required for this
item.
■ Recommendations: Adoption of Resolution
■ Attachments:
Recommended Action: Adoption of Resolution
Submitting Department/Agency: Requested by Councilmembers Richard A. Maddox and
Peter W. Schmidt
City Manager:
REQUESTED BY COUNCILMEMBERS RICHARD A. MADDOX AND PETER W. SCHMIDT
1
1 A RESOLUTION EXPRESSING CITY POLICY WITH
2 RESPECT TO THE USE OF LAKE WESLEY FOR CERTAIN
3 ACTIVITIES AND AUTHORIZING AND DIRECTING THE
4 CITY MANAGER TO IMPLEMENT SUCH POLICY
5
6
7 WHEREAS, the City of Virginia Beach has allowed contractors
8 employed either directly or indirectly by the City of Virginia
9 Beach to utilize Lake Wesley to conduct certain industrial
10 activities related to beach replenishment, channel dredging, and
11 other related marine construction projects; and
12 WHEREAS, the placement of large barges, marine cranes,
13 sections of dredge pipe, and related equipment has hampered boat
14 navigation; and
15 WHEREAS, the activity attendant thereto has resulted in
16 increased noise levels and has disrupted the tranquility of nearby
17 neighborhoods and;
18 WHEREAS, owners of residential property adjacent to Lake
19 Wesley, fishermen, boaters and swimmers have expressed concerns
20 about the continuing impact of such activity on the public safety
21 and quiet enjoyment of the persons living near Lake Wesley; and
22 WHEREAS, it is the sense of the City Council that prompt and
23 decisive action be taken to comprehensively address those concerns;
24 and
25 WHEREAS, the City Council supports the efforts of property
26 owners and concerned civic organizations to maintain the uniqueness
27 of Lake Wesley and to conserve the waterway for residential and
28 recreational use; and
29 WHEREAS, there is existing infrastructure at the City's dredge
30 operation facility on Lake Rudee which may be used to support
31 marine construction projects;
32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34 That City Council hereby expresses the policy of the City of
35 Virginia Beach that, except in cases of actual, bona fide emergency
36 or as provided below, Lake Wesley shall not be used as an
37 industrial anchorage, including the placement by contractors of
38 barges, marine cranes, sections of dredge pipe and related marine
39 construction equipment therein.
40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
41 BEACH, VIRGINIA:
42
That as a means of reestablishing
and preserving the quiet
43
enjoyment of property in
proximity to
Lake Wesley, the City's
44
Dredge Operations Facility
shall be used,
to the greatest extent
45
possible, for placement of
large barges,
marine cranes, sections of
46
dredge pipe, and related
equipment as
the site for industrial
47
activities related to beach replenishment, channel dredging, and
48
other related marine
construction
projects. Furthermore,
49 utilization of the commercial facilities located at the Dredge
50 Operations Facility shall be conducted in a manner which minimizes
K
51 the effect on adjacent residents. In cases in which necessary
52 equipment cannot be transported to the Dredge Operations Facility
53 because of the size of such equipment, the commercial marina
54 located on Southside Road or the Turning Basin shall be used. If,
55 and only if, the City's Dredge Operations Facility, the Southside
56 Road marina and the Turning Basin cannot be used for such purposes,
57 and no other reasonable alternative site is available, shall such
58 activity be allowed to take place in Lake Wesley, and in such
59 event, hours of operation shall be limited to the period between 7
60 a.m. and 7 p.m. and the placement of crewed vessels and fossil
61 fueled generators or other equipment shall be prohibited except
62 during these hours.
63 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
64 BEACH, VIRGINIA:
65 That the City Manager is hereby authorized and directed to
66 implement the aforesaid policy by taking all necessary or
67 appropriate action, to the extent allowable under any existing
68 contractual agreements, to discontinue current utilization of Lake
69 Wesley for industrial purposes by contractors employed directly or
70 indirectly by the City, and to require that future City contracts
71 contain sufficient provisions effectuating the above policy.
72
73 Adopted by the Council of the City of Virginia Beach,
74 Virginia, on the day of
3
, 2003.
CA-8883
wmmordres\lakewesleyres.wpd
R-7
May 27, 2003
APPROVED AS TO LEGAL SUFFICIENCY:
1
Law Department
K. PLANNING
1. Application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permit
re a freestanding church at 3308 Continental Street.
(DISTRICT 3 - ROSE HALL)
Deferred:
Recommendation:
May 27, 2003
APPROVAL
May 13, 2003
MAYOR OBERNDORF: There's a motion and a second deferring
indefinitely, but expecting to bring it back
on June 3rd. Are we ready for the question?
CITY CLERK: By a vote of 11 to 0 you have deferred
indefinitely with the intent to be heard on
6/3 the Application of New Fellowship Baptist Church.
9
May 13, 2003
COUNCIL LADY MCCLANAN: Mr. Warnstaff will check that out and if we
don't have that finalized before the Agenda
goes out next week we'll put it off until another time. But, in the
meantime you can just continue.
PASTOR AMOS: Okay. And one of the reasons -- and this is
the final comment that I've been looking
forward to coming to City Council is because for the last three years
that we've been there, we've been paying City taxes although we've
been a Church and that's one of the reasons why we're here, because
they were saying we had to get everything taken care of. So, the
sooner the better. I appreciate your help. Thank you.
Mrs. McClanan and all of the Officials, God Bless.
MAYOR OBERNDORF: Pastor Amos, would you do us a favor. The
Clerk has a card and if you will 3ust make
that out so we'll have your phone number and how to get in touch with
you. You can sit right there at that desk for a second -- behind
you.
PASTOR AMOS: Okay.
MAYOR OBERNDORF: Thank you. Would you like to make a motion?
COUNCIL LADY McCLANAN: Yes. I'm sorry. Madam Mayor, if we
could -- let's defer it indefinitely with
the intention to bring it back next week.
MAYOR OBERNDORF: Okay.
COUNCIL LADY WILSON: Second.
May 13, 2003
today to give time to get it fixed up, but it sounds like it is up to
us to get that straight. So if you don't mind, we will just have you
come back and then grant the Permit at that time.
PASTOR AMOS: Yes, ma'am.
COUNCIL LADY McCLANAN: If that's okay.
MAYOR OBERNDORF: Are we asking the Pastor to come back next
week or June 3rd?
COUNCIL LADY McCLANAN: June 3rd. I think that will give us time.
Mr. Warnstaff can certainly tell us.
CIJ RENCE WARNSTAFF: Yes, ma'am. In fact, the drawing in the
package indicates that's an ingress -egress
easement. It does not indicate that it's City property, but we will
be more than glad to double-check to make sure.
COUNCIL LADY McCLANAN: Well, I think that business uses that and
that's why I think we need to check it.
CLARENCE WARNSTAFF: We will be glad co.
COUNCIL LADY McCLANAN: Yeah, I don't think it's all the City's
fault. Because I remember when that was a
church many, many years ago and then it's been used as other -- you
know before you -all came in to it. So, if you will just let us get
that straight.
PASTOR AMOS: Also, Advance Auto Part as well. That's the
trucks that use that particular entrance.
7
May 13, 2003
PASTOR AMOS: Yes, there's one more.
COUNCIL LADY McCLANAN: But we won't pass it until we get it
straight. He's entitled. If the City
should be taking care of it, Then, we should do that.
PASTOR AMOS: I appreciate it.
MAYOR OBERNDORF: Pastor, please, if you have anything else.
PASTOR AMOS: Yeah, I wanted to comment because -- and I
thank you -all very much for allowing me to
have an opportunity to speak to you. I wanted to comment regarding
the building. I have personally put over $60,000 into renovation.
There was a church previous there. They were not noted on record for
nine years and when I purchased the building from Dan Poston, where
the church formally was, the building was kind or tore up from the
floor up -- excuse the expression -- and I put a $10,000 roof on it
with a lifetime warranty. I put over $60,000 inside the building.
The outside does not do it 3ustice. It's very very beautiful. I
like stuff first-class.
The grass was never cut, tree limbs laying around but I wanted -- you
know when you represent God, you want something that's going to be
very nice. So, everything we try to do I try to make it first-class.
So. I just want to say that the Condition of the one year -- really,
you can come check out the building and come inside and you will see
how beautiful it is.
COUNCIL LADY McCLANAN: No, the intent is to get this taken care of.
Then, when we hear it again we just give you
the Use Permit. So, it won't be for just a year. That was Dust for
0
May 13, 2003
is where the gas trucks go through. It's not our area. I would like
the pothole fixed ourselves. We have called the City on many
occasions to fix that area. Also, too, regarding the building --
COUNCIL LADY McCLANAN: What?
PASTOR AMOS: We've called the City on many occasions to
fix the same --
COUNCIL LADY McCLANAN: Why don't we defer this for a week. Then
you and I can talk about it, because I
didn't know who owned it. I knew that the fence had been put up on
this side and then the landscaping on this side. In all of that good
effort, The City has done a lot over there in the apartments.
PASTOR AMOS: They have made it beautiful over there. The
only way the trucks can come through is
through that area and so that driveway right in front of the
Church, I know we have such a small area, is where they come through.
As a matter of fact, Advance Auto, when we did try and fix it at one
point they told us we were violating City property; so, we couldn't
do anything to it.
COUNCIL LADY McCLANAN: Well, I think you would have been better to
talk to Mr. Warnstaff. We'll discuss this
and we will see if we can't -- it sounds like the Condition may be
our Condition. In the meantime, you continue meeting and going right
along. If you will leave your phone number with Mrs. Smith.
PASTOR AMOS: Yes, ma'am.
CITY CLERK: Your Honor, there is another Condition.
5
May 13, 2003
FORMAL SESSION
CITY CLERK: The next Item would be the New Fellowship
Baptist Church.
MAYOR OBERNDORF: I now declare a Public Hearing for the
Planning Items and welcome the Presenter for
the New Fellowship Baptist Church.
CITY CLERK: Would you state your name, sir, since you
are not registered.
PASTOR AMOS: My name is Pastor J.L. Amos.
MAYOR OBERNDORF: Thank you.
PASTOR AMOS: The "J" stands for John.
COUNCIL LADY McCLANAN: Pastor Amos.
PASTOR AMOS:
Yes, ma'am.
COUNCIL LADY McCLANAN: I wanted to ask you -- there is one
Condition listed in the Agenda. I wanted to
ask you if you would be agreeable to these two additions: One is
that the potholes and the asphalt areas on site shall be filled and
repaired and that this Conditional Use Permit shall be for a period
of one year. During that one year that will give you time to do
that.
PASTOR AMOS: No, ma'am, not being disrespectful. The
pothole area is a City area. That pothole
0
May 13, 2003
VICE MAYOR JOKES: And if they want to agree to it then fine
and if they don't then you will have to make
a motion.
COUNCIL LADY McCLANAN: Okay. Because they've been in operation
for, as I understand, a long long time.
VICE MAYOR JOKES: All right. Mr. Diezel.
COUNCILMAN DIEZEL: Can we do this? Because it is a Conditional
Use Permit, attach that as a Condition?
VICE MAYOR JOKES: We have to make sure they agree to it
though.
COUNCIL LADY McCLANAN: Yeah. Because if you look at the pictures
in here -- you don't have to go look at it.
The pictures will sustain what I'm telling you.
COUNCIL LADY EURE: I'm agreeing with Harry, but I think staff
should draw up a Condition that should be
added to this that says exactly whatever she needs done, because if
you don't say it in black and white and make it a Condition at the
end of the year there will be a reason.
VICE MAYOR JOKES:
CITY ATTORNEY:
COUNCIL LADY McCLANAN:
Okay. Les, do you have that?
Yes, sir, we will do that.
Okay. That sounds good.
3
May 13, 2003
Agenda Review
VICE MAYOR JONES: Okay. Under Planning, the Application of
New Fellowship Baptist Church for a
Conditional Use Permit. Rose Hall, Mrs. McClanan.
COUNCIL LADY McCLANAN: This has been in existance and you -all saw
the pictures in your Agenda what it looks
like. The City has done a marvelous job over there with those Plaza
Apartments. They have improved that area. The two businesses on
both sides of this have put things up so they can't see it.
But, what I would like to do -- if you -all will work with me on this,
since it's not the way it ought to look. It's not anything we should
encourage. If you would agree to approve this for one year with the
requirement that they fill those potholes. I mean, they told themto
start the parking lot, but they didn't tell them to fill the potholes
and I went in there today. I mean, we shouldn't allow things if
we're going to improve and upgrade.
So, if you -all will be so kind as to go along with me on this and
simply approve it for a year and if at the end of the year it has
been upgraded and improved so that it is an improvement in the
neighborhood continue and if not let them come back.
I can't really make a motion to approve it today the way it looks.
VICE MAYOR JONES: Well, why don't we pull it and we can ask
them if they want to agree to it.
COUNCIL LADY McCLANAN : Okay.
K
Virginia Beach City Council
May 27, 2003
4:15 p.m.
CITY COUNCIL:
Meyera E. Oberndorf, Mayor
Vice Mayor Louis R. Jones
Harry E. Diezel
Margaret L. Eure
Reba McClanan
Richard A. Maddox
Jim Reeve
Peter Schmidt
Ron A. Villanueva
Rosemary Wilson
James L. Wood
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
VERBATIM
At -Large
Bayside - District 4
Kempsville - District 6
Centerville - District 1
Rose Hall - District 3
Beach - District 6
Princess Anne - District 7
At -Large
At -Large
At -Large
Lynnhaven - District 5
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
Planning Application of the New Fellowship Baptist Church
1
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IN
Gp:n 2408-633987
ZONING HISTORY
1. 10/15/-84- CONDITIONAL USE PERMIT (Hospital Expansion) - Granted
08/10/87 — REZONING — R-4 Residential District to 0-2 Office District —
G ranted
2. 10/15/84 — CONDITIONAL USE PERMIT (Nursing Home) — Granted
3. 09/23/97 — REZONING — 0-2 Office District to Conditional A-18 Apartment
District — Granted
4. 09/08/92 — CONDITIONAL USE PERMIT (Nursing Home) — Granted
5. 03/12/84 — REZONING — R-4 Residential District to 0-2 Office District —
G ranted
6. 03/09/87 — REZONING — A-2 Apartment District to 0-2 Office District -
G ranted
c4dt'r�
a. a•
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: New Fellowship Baptist Church — Conditional Use Permit
MEETING DATE: June 3, 2003
■ Background:
An Ordinance upon Application of New Fellowship Baptist Church for a
Conditional Use Permit for a church on property located at 3308 Continental
Street (GPIN 1487828654). DISTRICT 3 — ROSE HALL
The purpose of this request is to establish the existing church as a legal use on
this site.
This request was deferred by the City Council on May 27 to clarify an issue
regarding the ownership of a portion of the parcel.
■ Considerations:
There is a 2,500 square foot one-story building on the site and pavement area
that is not marked for parking. No alterations to the existing site are planned.
The church is requesting to establish itself as a legal use on this site.
On March 11, 1968, a Conditional Use Permit for a billiards center was approved
on the subject site. The building was later sold to a church that operated at the
site for a number of years without a Conditional Use Permit. The current church
bought the building from the previous church and did not know that a Conditional
Use Permit was needed until recently.
The request for a freestanding church at this location is acceptable. Staff has
noted that the 8,700 square foot site is significantly less than the three -acre site
size required by the City Zoning Ordinance for freestanding churches; however,
this use has been established on the site for a number of years and has had no
known negative impact on the surrounding properties. There is no permanent
staff on the site. Members use the church only occasionally during the week and
for Sunday services. The church does not operate during the peak hours for the
commercial uses that are located to the north and west of the site. There is an
existing six-foot wooden fence on the eastern property line that separates the
apartment complex from the church site.
New Fellowship
Page 2 of 2
The Planning Commission placed this item on the consent agenda because it is
an existing use and is compatible with the surrounding neighborhood. Staff
recommended approval. There was no opposition to the proposal.
After the May 27 meeting, research into the ownership and maintenance
responsibility of the 18 foot ingress/egress easement on the parcel indicates that
the easement is a private one and not the responsibility of the City. The creation
of the easement as recorded in Deed Book 4188, Pages 75 to 81. The language
in that document notes "the upkeep and maintenance of said easement and right
of way shall be borne by the grantors, their successors and assigns, which shall
be kept in good condition and repair." It is, therefore, the responsibility of the
owner of the property on which the church is located to maintain the easement
area.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions. Condition 2 and 3 have been
added per the recommendation of the Rose Hall District Councilperson.
1. The asphalt area on -site shall be marked for standard parking spaces,
with at least one van accessible handicap space marked.
2. Any potholes located with the paved area shall be filled and sealed.
3. This use permit is valid for one (1) year and shall be re-evaluated at
that time by the City Council to ensure that the conditions above have
been satisfied.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department Y6�
City Manager:
NEW FELLOWSHIP BAPTIST CHURCH /
#5
General Information:
APPLICATION
NUMBER: G07-210- CUP-2003
REQUEST:
ADDRESS:
GPIN:
Conditional Use Permit for a free-standing church
3308 Continental Street
Gpin- see appl:caton
14878286540000
Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5
Page 1
April 9, 2003
ELECTION
DISTRICT: 3 — ROSE HALL
SITE SIZE: 8,700 square feet
STAFF
PLANNER: Barbara Duke
PURPOSE: To establish the existing church as a legal use on this site
Major Issues:
• Degree to which the proposal is compatible with the surrounding area.
Land Use, Zoning, and Site
Characteristics:
Existing Land Use and Zoning
There is a 2,500 square foot one-story
building on the site and pavement area that
is not marked for parking.
Surrounding Land Use and Zoning
North: . Commercial Uses / B-2 Community Business
District
South: • Church / R-7.5 Residential District
East: . Apartment Complex / A-18 Apartment District
West: . Auto Repair and Taxi Business / B-2 Community
Business District
Zoning History
On 03/11/68, a Conditional Use Permit for a billiards center was approved on the
subject site The building was later sold to a church that operated at the site for a
Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5
Page 2
number of years without a Conditional Use Permit for the church operation being
granted. The current church bought the building from the previous church and did not
know that a Conditional Use Permit was needed until recently.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana.
Public Facilities and Services
Water and Sewer
City water and sewer currently serve the building on the site.
Transportation
The traffic generated at this site for the church use is less than what would be
generated were the site developed with a commercial use allowed by -right in the B-2
Business zoning district.
Public Safety
Police: Not reviewed
Fire and Adequate — no further comments.
Rescue:
Comprehensive Plan
The Comprehensive Plan recognizes this area as a small commercial node serving the
surrounding residential neighborhoods. Uses in this area should strive to eliminate
negative impacts on the community.
Summary of Proposal
Proposal
• There is an existing 2,500 square foot one-story building on the site as well as
asphalt paved areas in front of the building and behind the building. The site
Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5
Page 3
is totally impervious with the only green space being around the free-standing
sign for the church.
• No alterations to the existing site are planned. The church is simply asking to
establish itself as a legal use on this site.
Evaluation of Request
The request for a freestanding church at this location is acceptable. Staff has noted that
the 8,700 square foot site is significantly less than the three -acre site size required by
the City Zoning Ordinance for freestanding churches; however, this use has been
established on the site for a number of years and has had no known negative impact on
the surrounding properties. There is no permanent staff on the site. Members use the
church only occasionally during the week and for Sunday services. The church does
not operate during the peak hours for the commercial uses that are located to the north
and west of the site. There is an existing six-foot wooden fence on the eastern property
line that separates the apartment complex from the church site. It is recommended that
the Conditional Use Permit for the church be approved with the following condition.
Condition
1. The asphalt area on -site shall be marked for standard parking spaces, with at
least one van accessible handicap space marked.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5
Page 4
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Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5'`••
Page 5
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April 9
JWSHIP RAPTIST C_H[ ]R[_
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APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
i ' Applicant's name: I
List All Current
Property Owners:
PROPERTY O`bYNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below (Attach by if necessan )
c�du F,uam5
f If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners to the organization below (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firir, -or other unincorporated
organization
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below
I
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below (Attach lut if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATIOiN, list al,
members or partners m the organization below (Attach list if necessar))
:3 Check here if the applicant is NOT a corporation, partnership, firm, or other unincorporated organization
CERTIFIC kTION I certify that the information co twined he acid accurate
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Planning Commission Agenda
April 9, 2003
NEW FELLOWSHIP BAPTIST CHURCH / # 5 �`-""�.°•�;`
Page 7
Item #5
New Fellowship Baptist Church
Conditional Use Permit
3308 Continental Street
District 3
Rose Hall
April 9, 2003
CONSENT
Dorothy Wood: The second item will be New Fellowship Baptist Church. It's an
Ordinance upon Application of New Fellowship Baptist Church for a Use Permit for a
Church at 3308 Continental Street in the Rose Hall District. There are two conditions on
this application. Another one has been added. Have you read both conditions?
Tara Davis: I only see one condition. No area in the asphalt area shall be marked.
Dorothy Wood Would you please read the second condition
Tara Davis: The Conditional Use Permit shall be subject to a bi-annual administrative
issue reviewed by Zoning.
Dorothy Wood Would you please state your name?
Tara Davis: Tara Davis
Dorothy Wood: Thank you Ms. Davis.
Pastor J L. Amos: I'm Pastor Amos.
Dorothy Wood: I'm sorry, your name?
Pastor J.L. Amos: I'm Pastor J.L. Amos.
Dorothy Wood. Okay. Thank you Is there any opposition to this consent item for the
New Fellowship Baptist Church in the Rose Hall District? Hearing none. Thank you.
Pastor J.L. Amos: Thank you.
Dorothy Wood: Gene, would you please comment on this before we go to the next item?
Gene Crabtree: The New Fellowship Baptist Church, we felt like once again that it was
compatible with the neighborhood and the use of the neighborhood. Even though it is not
on a site that normally would be large enough for a free standing church. We think that
in this area and the fact that it serves the apartments that are adjacent to this that it is a
good site for it. It has been operating for some years as a church even though they did
Item #5
New Fellowship Baptist Church
Page 2
not realize they had to have a permit to do so, we just feel like it will be an addition to the
neighborhood and it won't impact on any of the surrounding businesses, etc And, it is
secluded from the other sites around the businesses and the apartments by a six-foot
wooden fence so there won't be any impact on the neighborhood whatsoever from there
Therefore, we felt it was a simple item for consent.
Dorothy Wood- Thank you Gene. Mr. Ripley, I would move to approve this item on the
consent agenda, number five, the New Fellowship Baptist Church with two conditions.
I'd like to move to approve this item
Ronald Ripley: We have a motion made to approve the items read. Do I have a second?
Seconded by Don Horsley Any discussion? Ready to vote
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
SALLE'
STRANGE
AYE
WOOD
AYE
ABS 0 ABSENT 1
Ronald Ripley: By a vote of 10-0, the motion passes.
ABSENT
Gpin: see applicaton
ZONING HISTORY
1 03/11/68- CONDITIONAL USE PERMIT (family billiards) — Granted
2 05/12/69 — CONDITIONAL USE PERMIT (live entertainment) — Granted
3 04/15/85 — CONDITIONAL USE PERMIT (auto repair) — Granted
4 03/28/60 — REZONING — RS-4 Residential Single Family to RM
Residential Multifamiy - Granted
24 2 . That this task force will be made up of eleven (11)
25 Virginia Beach citizens, with one (1) member to be appointed by
26 each Council member.
27 3. That this task force will conclude its study and
28 make its recommendations no later than November 1, 2003.
29 4. That the City Attorney is hereby directed to provide
30 staff support to the task force for legal research needs and
31 general assistance.
32 5. That the City Manager and Real Estate Assessor are
33 hereby directed to provide assistance to the task force as needed.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the 6th day of May 2003.
CA-8849
ORDIN\NONCODE\seniorresl.wpd
R-4
May 6, 2003
APPROVED AS TO LEGAL
SUFFICIENCY:
JCA�A
'Dye "pa r t m e
0
Revised Version
Requested by Councilmembers Jim Reeve, Richard A. Maddox and
Ron A. Villanueva
1 A RESOLUTION CREATING A TASK FORCE
2 TO STUDY AND MAKE RECOMMENDATIONS ON
3 REAL ESTATE TAX RELIEF FOR SENIOR
4 CITIZENS
5 WHEREAS, the City of Virginia Beach currently promotes
6 itself as a "Community for a Lifetime;"
7 WHEREAS, it is the goal of the Virginia Beach City
8 Council to make this statement a reality;
9 WHEREAS, the Council recognizes that our senior citizens
10 provide a tremendous benefit to our community;
11 WHEREAS, the Council understands that many of our senior
12 citizens have loyally contributed to the tax base for years and now
13 may require fewer City services than in the past; and
14 WHEREAS, the Council further realizes that many senior
15 citizens may feel overwhelmed by the continued increase in real
16 estate assessments and corresponding tax burden while living on a
17 fixed income and facing other rising costs, such as medical bills.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 1. That the Virginia Beach Council hereby creates a
21 task force, to be known as the "Senior Citizen Real Estate Tax
22 Relief Task Force," to study the impact of rising real estate
23 assessments on senior citizens.
- 26 -
Item V-K.3.
RESOLUTIONS/ORDINANCES ITEM # 51134
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED:
Resolution CREATING a £vm'mssrbn Task Force to study and make
recommendations on Real Estate Tax Relief for Senior Citizens
Voting 11-0 (By Consent)
Council Members Voting Aye
Harry E Diezel Margaret L. Eure, Vice Mayor Louis R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood
Council Members Voting Nay
None
Council Members Absent
None
May 6, 2003
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
EASTERN VIRGINIA MEDICAL SCHOOL
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
OPEN SPACE COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS
SHORE DRIVE ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TOWING ADVISORY BOARD
YOUTH SERVICES COUNCIL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
I