FEBRUARY 12, 2002 MINUTESCi Beach
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstnct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, City Clerk
of V r inia
"COMMUNITY FOR A
CITY COUNCIL AGENDA
OUR 14~,~tO~
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl~ctty vtrgtnta-beach va us
February 12, 2002
I. CITY COUNCIL'S BRIEFING
- Conference Room -
3:30PM
Ao
MULTIPLE BENEFITS CONSERVATION
Hampton Roads Planning D~stnct Commission (HRPDC)
John M. Carlock, Deputy Executive D~rector, Physical Planning
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
4:30PM
A. CALL TO ORDER- Mayor Meyera E Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B INVOCATION:
Reverend James C. Ulhan
Scott Memorial Methodist Church
and Pohce Chaplmn
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
February 5, 2002
G. AGENDA FOR FORMAL SESSION
H. RESOLUTIONS
,
Resolution to AUTHORIZE the issuance and sale of $95-Milhon General Obhgatlon
Pubhc Improvement and Refunding Bonds, Series 2002, of the City of Virginia Beach,
heretofore authorized, re refunding of certain general obhgatlon bonds of the City for
capital projects.
,
Resolution to AUTHORIZE the Hampton Roads Partnership to carry out the re-
certification provisions of the Commonwealth Regional Competitiveness program
(RCP) and APPROVING the fund distribution methodology proposed by the
Partnership.
I. ORDINANCES
o
Ordinance to APPROPRIATE $883,536 in anticipated revenue from the Federal
Emergency Management Agency to the Fire Department's FY 2001-2002 operating
budget re supporting FEMA Urban Search and Rescue Team, V~rgima Task Force
Number 2 at the 2002 Olympics in Salt Lake City, Utah.
Ordinance to APPROPRIATE $478,692 from the Tourism Advertising program's
special revenue fund to the FY 2001-2002 operating budget of Convention and Visitor
Development re expanding the City's tourism, advertising and promotional campaigns,
and, estabhsh revenues to ensure quahty programs in the event of a natural disaster or
serious economic condition.
.
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the Virginia
Environmental Quality to the FY 2001-2002 operating budget of Museums and Cultural
Arts re maintaining a statewlde stranding network.
J. PLANNING- NON-ACTION
Application of B JR ENTERPRISES, L.L.C. for a conversion of a nonconforming use
at 1636 Industrial Park Road, contaimng 1 11 acres.
(DISTRICT 5 - LYNNHAVEN)
No action necessary due to modified use in the proposal
K. PLANNING
Application of HARBOUR DEVELOPMENT CORPORATION, L.L.C. for a
MODIFICATION OF CONDITIONS on their apphcatlon for the closure of Warlng
Street, on the west side of Avalon Avenue, granted on October 10, 2000
(DISTRICT 1 - CENTERVILLE)
Recommendation: APPROVAL
Application of OCEAN BAY VENTURES, L.L.C. for a Change of Zoning District
Classification from I-1 Light Industrial and R-SD Residential Duplex to Conditional A-24
Apartment District on the northwest comer of the Norfolk & Southern Railroad right-of-way
and Cypress Avenue, contalmng 2 89 acres more or less
(DISTRICT 6 - BEACH)
Deferred
Deferred
Recommendation
OCTOBER 2, 2001
OCTOBER 23, 2001
APPROVAL
L
APPOINTMENTS
DEVELOPMENT AUTHORITY
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
M UNFINISHED BUSINESS
N. NEW BUSINESS
O ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 4274303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Dewce for the Deaf)
02/07/02slb
AGENDA\02/I 2/02
www vbgov com
2002-2002 RESOURCE MANAGEMENT PLAN SCHEDULE I
II o ,c II LOCATION Il DATE [
City Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26th
Presentation
Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conterence April 2nd
room
Councd Workshop Quahty Education for Lifetime Learning Council Conterence April 9th
room
Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th
room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W Cox H~gh April 18th
Plan School
Council Workshop Cultural &Recreattonal Opportunities, Family & Youth Council Conference Aprd 23rd
Opportunities room
Council Workshop Reconciliation of outstanding resource issues Council Conference May 7th
room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber May 7th
Plan
Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th
Resource Management
Plan (will include Public
Hearing)
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
February 12, 2002
Mayor Meyera E Oberndorf, called to order the CITY COUNCIL'S BRIEFING re MULTIPLE
BENEFITS CONSERVATION tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday,
February 12, 2002, at 3 30 P M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wilson
Counctl Members Absent
Wtlham W Harrtson, Jr [Entered 4 30 P MI
-2-
CITY COUNCIL'S BRIEFING
MULTIPLE BENEFITS CONSER VA TION
3:30 P.M.
ITEM # 49265
Clay Berntck, Envtronmental Management, introduced John M Carlock, Deputy Executtve Dtrector -
Phystcal Planmng, Hampton Roads Planmng Dtstrtct Commtsston (HRPDC) Mr Berntck advtsed Mr
Carlock wtll brtef Ctty Counctl on a project the Ctty has been worktngfor a number of years wtth the Ctty
of Chesapeake asststance from the Vtrgtnta Coastal Zone program and the Department of Environmental
Quahty Mr Berntck also expressed apprectatton and recogmzed the attendance of Ertc Walberg, Hampton
Roads Planmng Dtstrtct Commtsston (HRPDC), who has provtded valuable asststance, betng the prtnctpal
staff person asststtng both Ctttes Ctty Counctl has been brtefedprevtously on a toptc related to the Southern
Watershed Management program The tssue of Wetlands Compensation must be frequently dealt wtth
relative road projects, school sttes and otherprojects of a pubhc nature, requirtng wetlands mtttgatton In
thepast, the approach has been to revtew "tn tsolatton" rather than "tn relattonshtp" to other opportumttes
Wetlands, as a natural feature tn the landscape, can perform many functtons filter stormwater, wtldhfe
habttat, provtde areas as protectton from floods and storm damage as well as provtdtngpasstve open space
Many communtttes are recogntztng these wetlands as "green infrastructure"
Mr Carlock recogmzed the crtttcal roles of Clay Bermck and Jack Whttney, Dtrector of Agrtculture Mr
Carlock referenced the two goals, whtch wtll be under dtscusston relattve the Memorandum of Agreement
of the Southern Watershed Area Management Program (SWAMP)
Water quality should be protected and enhanced for water supplies and
natural resources conservation
Preserve open lands to help protect and enhance water quality
In 1995, the Ctttes of Chesapeake and Vtrgtnta Beach authortzed the Ctty Manager to execute a
Memorandum of Agreement re the estabhshment of the Cooperative Regional Southern Watershed Area
Management Program (SWAMP) In 1997, Coastal Zone Grant funding was recetved from the State, whtch
was ortgmally national oceantc and admtmstrattve fundmgfrom the Federal level to be passed on through
the Department of Envtronmental Quahty That parttcularprogram provided l O0%federalfundtng to the
regton to work on thts program to achteve ttems spectfic to Chesapeake and Vtrgtnta Beach The Ctttes
tdenttfied a sertes of management enhancements Mr Carlock htghhghted two of these enhancements
Refine Development controls to protect water quality and preserve critical
habitat
Estabhshment of a Rural Area Preservatton Program tn the Ctty of
Chesapeake
Estabhshment ora Mtttgatton Strategy
Improve the Effectiveness of Preservation Districts
Improve the Effecttveness of the P-1 Preservatton District tn the
Vtrgtnta Beach Zontng Ordtnance
Mo&fy the definttton and dehneatton of the C-1 Conservation Dtstrtct
and the Chesapeake Zoning Ordtnance
Habitat Protection
Development of a Conservation Plan and associated MOA
Development of an Informatton Exchange MOA
Improvement of Urban and Agricultural BMPs:
Development of an Agriculture Plan and assoctated MOA
Management of Competing Water uses:
Development of a Water Use Conflict MOA
February 12, 2002
-3-
CITY COUNCIL'S BRIEFING
MULTIPLE BENEFITS CONSER VA TION
ITEM # 49265 (Continued)
Randall Arendt, one of the natron's leadtng authortttes on conservatton destgn, held a Conservatton Destgn
Workshop at the Hampton Roads Plannmg Dtstrtct Commtsston (HRPDC) on September 10, 2001 He has
worked wtth the Ctttes and some prtvate developers to devtse concepttonal development plans for
subdtvtstons wtthtn the Southern Watershed Mr Arendt wtll agatn be at HRPDC on February 20, 2002
At that ttme the subdivision designs wtll be revtewed for crtttqutng of the ordtnances and plans wtth Mr
Arendt's recommendattons
The two Memorandum of Agreements are rolled tnto the Multiple Benefit Conservation Plan Agreement,
whtch will be chscussed today Vtrgtnta Tech has completed the development of an Agrtculture Plan which
the Ctty ts revtewtng Addtttonal recommendattons wtll be forthcoming
In the Summer, a Memorandum of Agreement was stgned between the ctttes, the HRPDC and the state and
federal agenctes on managtng competing water uses tn the North Lan&ng Rtver The HRPDC ts movtng
forward wtth an educattonal program A Memorandum ts now betng developed on management tn Back Bay
Need for Multiple Benefits Conservation Plan
Current compensation dectstons not well coor&nated
No date on the locatton of Multtple Benefit Conservatton Areas
No framework for tdenttfytng and maxtmtztng benefits
Better gutdance on potenttal wetland compensatton sttes for long term
planntng
No regular forum for dtscusston of acttvtttes and progress
Rtpartan corrtdors provtdmg multtple benefits
Water quantity management and water quahty protectton
Wtldhfe habttat enhancement and Natural Herttage Resource
protectton
Compattble recreatton and tourtsm opportumttes
Envtronmental educatton opportuntttes
Potential wetlands compensatton capabthty
Wetland compensatton stte selectton methodology
HRPDC worked wtth a Techntcal Advtsory Commtttee of state and federal agenctes to develop the program
A range ofconservatton corrtdors was tdenttfied After many meettngs among the vartousparttes, there was
a consensus that the median conservation density corridor approach was an achtevable and reasonable way
to attatn the maxtmum amount of benefits whtle mtntmtztng the tmpacts on prtvate properttes, taxes, et
cetera
Purpose of Agreement
Improve coordtnatton and shartng of tnformatton among the agenctes
tnvolved tn the wetlands mtttgatton process tn the SWA
Conttnue refinement of the conservatton corrtdor system for the SWA
Voluntartly employ the shared methodology to
Select compensatton sttes for wetlands tmpacts
Achteve multtple conservatton benefits
Comply wtth extsttng regulattons
Matntatn local land use control
February 12, 2002
-d-
CITY COUNCIL'S BRIEFING
MULTIPLE BENEFITS CONSER VA TION
ITEM # 49265 (Continued)
Terms of the Agreement
Improve coordtnattng and shartng of tnformatton
Refine the definttton of the "conservation corrtdor system" Integrate the
mapptng and methods from
Conservatton Plan for the Southern Watershed Area
Multtple Benefits Conservatton Plan for the SWA
Employ the shared methodology for selecttng wetlands compensatton sttes
Refine the multtple benefits selectton process based on expertence tn
analyztng mtttgatton stte opttons
HRPDC functtons -cleartng house, techmcal analysts and admtntstratton
The Agreement ts movtng forward relattvely qutckly Many of the local parttes have stgned Ctty of
Chesapeake, Virginia Dare Sod and Water Conservation Dtstrtct, HRPDC As of late last week, most of the
federal and state agenctes have also agreed Even before the agreement, the Department of Envtronmental
Quahty was uttltztng the methodology and the mapping to suggest ways developers and others could
compensate the wetlands tn thts watershed
The Memorandum of Agreement does not address management enhancements wtth the exceptton related
to mtttgatton and habttat protectton The P-1 and C-1 Dtstrtcts are now betng revtewed by the Ctty staffs
of the two ctttes (Chesapeake and Vtrgtnta Beach) These are not part of the process, whtch the state and
federal agenctes are tnvolved
Relative whether the P-1 ts being addressed purely tn terms of the rural area, Mr Bermck advtsed the P-1
tssue ts an open ended tssue and as more spectfic changes are betng developed, a Workshop with the Ctty
Counctl and Planmng Commtsston shall be scheduled Thts would complement and be supporttve of the
goals already tn place tn the Comprehenstve Plan, a fine tuning of the portton tnvolvtng habitation
protection, the wetlands mtttgatton and does not change, tn any way, any of the recommendattons tn the
Comprehenstve Plan A copy of the Memorandum of Agreement shall be dtstrtbuted on Frtday tn Ctty
Counctl's matl package The Medium Conservation Corridor Density map has nothtng to do with denstty
of development A better term would be the Recommended Conservation Corridor and ehmtnate the term
density The recommendatton ts wtthtn those areas are the approprtateplaces for the compensatton effort
The Plan does not state the ctty or state has to purchase these lands, but as compensatton dectstons are
made, these are the best places to review Wtthtn these areas, the full range of benefits from conservatton
sttes would be recetved At the same trine, confltct with the local land use plan would be avotded and would
tend to support the plan by gutdtng development to those areas of the ctty whtch wtsh to have the
development
The recommendatton ts to authortze the Ctty Manager to execute the Memorandum of Agreement
February 12, 2002
-5-
AGENDA RE VIE W SESSION
4:00 P.M.
ITEM # 49266
H 1 Resolutton toA UTHORIZE the tssuance andsale of $95-Mtlhon
General Obhgatton Pubhc Improvement and Refun&ng Bonds,
Sertes 2002, of the Ctty of Vtrgtnta Beach, heretofore authorized,
re refunding of certatn general obhgatton bonds of the Ctty for
capttal projects
Counctl Lady Henley advised she wtll ABSTAIN on the CIP Projects whtch tnvolve Lasktn Road, Phase L
as she has an tnterest tn property at 1372 Lasktn Road
ITEM # 49267
H 2 Resolutton to AUTHORIZE the Hampton Roads Partnershtp to
carry out the re-certtficatton provtstons of the Commonwealth
Regional Competitiveness program (RCP) and APPROVING
the fund dtstrtbutton methodology proposed by the Partnershtp
Counctl Lady Parker tnqutred whether the Ctty concurred wtth all the acttvtttes of the Partnershtp and ts
the Ctty recetvtng a return on thetr dollars The Ctty Manager advtsed the contrtbuttons have been $15,000
a year The Strategic Plan ss conststent wtth the Ctty's economtc development strategy The Cay ts focustng
on htgh techjob and work force development The City CounctI has been dtscusstng these strategtes for the
last ten years of thetr goal setttng development The City Manager beheved thts would be a very good return
on our dollars Even wtth the state cuts, tt ts an tmportant source of fundtng
ITEM # 49268
I1
Or&nance to APPROPRIATE $883,536 tn anttctpated revenue
from the Federal Emergency Management Agency to the Fire
Department's FY 2001-2002 operattng budget re supporttng
FEMA Urban Search and Rescue Team, Vtrgtnta Task Force
Number 2 at the 2002 Olympics tn Salt Lake City, Utah
Councd Lady Eure tnqutred relative the detaded reimbursements involved tn the $883,536. The City
Manager advtsed thts approprtatton ss the maximum amount of all expenses which could possibly be
incurred by the Ctty for thts deployment to the Olymptcs These retmbursements even cover the overttme
costs tf they are tncurred and the backfill of postttons whde the Team ss tn Salt Lake Ctty The amount wtll
probably be less All expenses are retmbursed Scrupulous records are matntatned The Mayor advtsed the
tractor traders were taken only to the Pentagon
12
ITEM # 49269
Or&nance to APPROPRIATE $478,692 from the Tourtsm
Adverttstng program's special revenue fund to the FY 2001-2002
operattng budget of Conventton and Vtsttor Development re
expanding the Ctty's tourtsm, adverttstng and promottonal
campatgns, and, estabhsh revenues to ensure quahty programs tn the
event of a natural dtsaster or sertous economtc condttton
Counctl Lady Parker referenced the Virginia Beach Vacation Guide The Ctty always mentions other
attracttons wtthtn the regton wtthtn this gutde and hopes the other ctttes are rectprocattng The Ctty
Manager advtsed "We can only be a leader "The City Manager shall forward a copy of the Guide to those
ctttes whose attracttons are htghhghted
February 12, 2002
-6-
AGENDA RE VIE W SESSION
4:00 P.M.
ITEM ii 492 70
B Y CONSENSUS, the followtng shall compose the CONSENTAGENDA:
RESOLUTIONS
HI
Resolutton to A UTHORIZE the tssuance and sale of $95-Mtlhon
General Obhgatton Pubhc Improvement and Refundtng Bonds,
Sertes 2002, of the Ctty of Vtrgzma Beach, heretofore authortzed,
re refunding of certain general obhgatton bonds of the Cttyfor
capttal projects
H2
Resolutton to AUTHORIZE the Hampton Roads Partnershtp to
carry out the re-certtficatton provtstons of the Commonwealth
Regional Competitiveness program (RCP) and APPROVING
the fund dtstrtbutton methodology proposed by the Partnership
ORDINANCES
I1
Ordinance to APPROPRIATE $883,536 tn anttctpated revenue
from the Federal Emergency Management Agency to the Ftre
Department's FY 2001-2002 operattng budget re supporttng
FEMA Urban Search and Rescue Team, Vtrgtnta Task Force
Number 2 at the 2002 Olympics tn Salt Lake Ctty, Utah
12
Ordtnance to APPROPRIATE $478,692 from the Tourtsm
Adverttstngprogram 's spectal revenue fund to the FY2001-2002
operattng budget of Conventton and Vtsttor Development re
expanding the Ctty's tourtsm, adverttstng and promottonal
campatgns, and, estabhsh revenues to ensure quahty programs
tn the event of a natural dtsaster or sertous economw condttton
13
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant
from the Vtrgmta Envtronmental Quahty to the FY 2001-2002
operatmg budget of Museums and Cultural Arts re mamtammg
a statewtde stranding network
Councd Lady Henley will ABSTAIN on Item H I re the CIP ProJects which involve Lasktn Road, Phase
I, as she has an tnterest tn property at 1372 Lasktn Road
February 12, 2002
-7-
AGENDA RE VIE W SESSION
ITEM # 492 71
K 1 Apphcatton ofHARBOURDEVELOPMENTCORPORA TION,
L.L.C. for a MODIFICATION OF CONDITIONS on thetr
apphcatton for the closure of Warmg Street, on the west stde of
Avalon Avenue, granted October 10, 2000
(DISTRICT I - CENTER VILLE
The Ctty Attorney &strtbuted the Or&nance, as tt was not contatned tn Ctty Counctl 's agenda Counctlman
Man&go advised he recetved a call from the Church who owns the property where Wartng Street btsects
on the paper street Counctlman Man&go spoke wtth Asststant Ctty Attorney Kay Wtlson The Ctty ts just
allowtng thts parttcular developer to take the underlytngfee and actually exchange tt for more street that
wtll be butlt and de&cated to the Ctty Thts wtll not have any tmpact on thts parttcular church or thetr
property
ITEM # 492 72
K2 Apphcatton of R&T, L.L.C. for a MODIFICATION OF
PROFFERS for a Change of Zoning District Classification
from AG-1 and AG-2 Agricultural District to Conditional I-1
Light Industrial District at 2972 Holland Road approved on
January 9, 2001
(DISTRICT 7 - PRINCESS ANNE)
Counctl Lady Henley expressed concern relattve thts apphcatton Stephen Whtte, Planmng, advtsed the
apphcant would be allowed to utthze the extsttng house Thetr thought ts to utthze thts house unttl Holland
Road ts expanded, however, thts ts an mdefintte ttme pertod, therefore, the staff has estabhshed a time
pertod of three (3)years At the end of three years, the apphcant must submit the plans ortgmally proffered
for the development of the stte
Mayor Oberndorf, Counctl La&es Parker and McClanan wtll vote NAY on thts ttem
Counctl Lady McClanan &d not feel this portton of Holland Road was statable for thts acttvtty
ITEM # 492 73
K3 Apphcatton for H. B. & SANDRA BROOKS to alter a
nonconforming use to add a newporch wtth a roof and relocate
the dwelhng entrance on the south stde of 54th Street, east of
Atlanttc Avenue (114 54th StreeO, contatmng 6, 625 square feet
(DISTRICT 5 - L YNNHA VEN)
Councd Lady Parker referenced spectfic language requested to be added by the neighbors tn support of the
apphcatton
"The requested expanston shall be the maxtmum lot coverage for thts stte
and thts expanston shall be tted to the extsttng structure and not the parcel
of land No further expansion of the extsttng dwelhng or any future
enclosure of the requested porch shall be granted unless the garage
apartment ts demohshed and the parcel ts returned to a stngle famtly
dwelhng "
Asststant Ctty Attorney I/Vtlson advtsed problems wtth thts proposed con&tton and the first sentence ts
covered by the fact thts apphcatton ts tted to thetr stte plan Demohshment of the garage apartment ts not
proper relattve thts apphcatton and ts not enforceable The Ctty staff recommends thts con&tton not be
added to the apphcatton
February 12, 2002
-8-
AGENDA RE ViEW SESSION
ITEM it 492 74
K5 Apphcatton of BIL-MAR CONST. LTD for a Conchttonal Use
Permtt re independent living for senior and disabled persons at
the northwest extremtty of Oconee Avenue, contammg 5 25 acres
(DISTRICT 6- BEA CH)
This item shall be dtscussed durmg the Formal Session
ITEM it 492 75
K 7 Apphcatton of NEXTEL COMMUNICATIONS for a
Condtttonal Use Permit for a wireless communications antenna
on property of Dommton Vtrgtma Power on the north stde of
Ansol Lane, west of Landmark Square, contammg 994 square
feet
(DISTRICT 3 - ROSE HALL)
Counctl Lady McClanan advtsed there were no stgns tndtcattng thts proposed Con&ttonal Use Permtt
Thts apphcatton shall be DEFERRED two weeks unttl the Ctty Counctl Sesston of February 26, 2002 Mr
Whtte shall communtcate the lack of stgnage to the apphcant
ITEM # 492 76
K 9 Applicatton ofOCEANBA Y VENTURES, L.L.C. for a Change
o_f Zontng Dtstrtct Classtficatton from I-1 Light Industrial and
R-SD Residential Duplex to Conditional A-24 Apartment
District on the northwest corner of the Norfolk & Southern
Ratlroad rtght-of-way and Cypress Avenue, contatntng 2 89
acres more or less
(DISTRICT 6- BEACH)
Councd Members Henley and McClanan wtll vote NAY.
ITEM it 492 77
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
K1
Apphcatton of HARBO UR DEVELOPMENT CORPORA TION,
L.L.C. for a MODIFICATION OF CONDITIONS on their
apphcatton for the closure of Wartng Street, on the west stde of
Avalon Avenue, granted on October 10, 2000
(DISTRICT 1 - CENTER VILLE)
K2
Apphcatton of R&T, L.L.C. for a MODIFICATION OF
PROFFERS for a Change of Zoning District Classification
from AG-1 and AG-2 Agricultural District to Conditional I-1
Light Industrial District at 2972 Holland Road approved on
January 9, 2001
(DISTRICT 7 - PRINCESS ANNE)
K3
Apphcatton for H. B. & SANDRA BROOKS to alter a
nonconforming use to add a newporch wtth a roof and relocate
the dwelhng entrance on the south stde of 54th Street, east of
Atlanttc Avenue (114 54tn StreeO, contammg 6, 625 square feet
(DISTRICT 5 - L YNNHA VEN)
February 12, 2002
-9-
AGENDA RE VIEW SESSION
ITEM # 492 77 (Continued)
K4
Apphcauon of SHADO W ISLAND ASSOCIATES, L.L. C. for a
Variance to ~4 4b of the Sub&v~swn Ordinance re mmtmum lot
wtdth at 605 Arcttc Avenue
(t>~sreacr 6- BEA CH)
K6
Apphcatton of LONG TERM CARE ASSOCIA TES, INC.,for a
Condtttonal Use Permtt for housing for seniors and disabled
persons at the northern extremtty of Old Donatton Parkway east
of Camelot Drtve (1604 Old Donatton Parkway), contatnmg
2 044 acres
(DISTRICT 5 - L YNNHA VEN)
K7
Apphcatton
Conthttonal
on property
Ansol Lane,
feet
(z> sre, ICr
of NEXTEL COMMUNICATIONS for a
Use Permit for a wireless communications antenna
of Dommton Vtrgmta Power on the north stde of
west of Landmark Square, contatmng 994 square
3 - ROSE HALL)
K 8 Appltcattons of VOICESTREAM WIRELESS for a Con&ttonal
Use Permtts for communication towers
a on the south stde of 5740 Baystde Road, contatntng 4 842 acres
(DISTRICt 4- BA YSIDE)
on the west stde of North Wttchduck Road, north ofi-264,
contatntng 1 8 acres
(DISTRICT 2 - KEMPSVILLE)
K9
Apphcatton of OCEANBA Y VENTURES, L.L.C. for a Change
of Zomng Dtstrtct Classtficatton from I-1 Light Industrial and
R-SD Residential Duplex to Conditional A-24 Apartment
District on the northwest corner of the Norfolk & Southern
Radroad rtght-of-way and Cypress Avenue, contammg 2 89
acres more or less
(DISTRICT 6- BEA CH)
Mayor Oberndorf Councd Members McClanan and Parker, wdl vote NAY on Item K 2
Item K 7 wdl be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of February 26, 2002
Councd Members Henley and McClanan wdl vote NAY on Item K 9
February 12, 2002
-lO-
CITY COUNCIL COMMENTS
4:10 P.M.
ITEM # 492 78
Mayor Oberndorf referenced a call from the U S Conference of Mayor's In President Bush's new budget,
Vtrgtnta Beach was designated as an affluent Cay As a result, the Cay's CBDG was to be cut tn 'half
Mayor Oberndorf contacted Andy Frtedman, Dtrector of Houstng and Netghborhood Preservation Mr
Frtedman advtsed thts meant many of the housing tnspecttons and netghborhood cleanups would only recetve
~ of the $3-MILLION Mayor Oberndorfcontacted Washtngton, D C These funds were going to be utthzed
to tncrease houstng tn border towns of Mextco Mayor Oberndorf advtsed te Ctty has managed to remove
thts portton from the budget relattve Vtrgtnta Beach betng an "affluent city "and the $3-MILLION has been
retnstated Vtrgtnta Beach has not attained the average salary of the very affluent ctttes The Work Force
fun&ng for the Summer Youth Program ts being cut
ITEM # 492 79
Councd Lady Eure referenced the Legtslattve update of the City Manager It ts tnteresttng to note the multi
modal component of the Third Crossing was removed from the Btll relattve reductng the tax from 1.5 % to
1% and would allow the lower sales tax increase to be placed before the voters The Czty Manager advtsed
tt does not appear the 1/2¢ on education will pass. The Ctty Manager advtsed Robert Matthtas, Asststant
Ctty Manager, beheves the feehng of the General Assembly was mass transtt should have Federal funds
Mayor Oberndorf advtsed another ttem supported by the Ctty Counctl was the Region high speed rail and
tt appears thts portton of the Prestdenttal budget wtll be stgmficantly cut
Councdman Jones advtsed the Route 460, tf budt, would eventually have space for htgh speed rad
February 12, 2002
ITEM # 49280
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Butldtng, on Tuesday, February 12, 2002,
at 4 20 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr,, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr
and Rosemary Wdson
Councd Members Absent
Wdham W Harrtson, dr
(arrtved at 4 30 P M)
February 12, 2002
- 12-
ITEM # 49281
Mayor Meyera E Oberndorf entertatned a motton topermtt Ctty Counctl to conduct tts CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salaries, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appointments
Boards and Commtsstons
Development Authority
Personnel Board
Vtrgtnta Beach Crtme Task Force
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the &sposttton
of pubhcly-heM real property, where &scusston tn an open meetmg
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
31st Street ProJect
A cqutsttton/dtsposttton of Property -L ynnhaven Dtstrtct
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
3st Street ProJect
Barnes v Gorman
Upon motton by Counctlman Branch, seconded by Counctlman Man&go, Ctty Council voted to proceed
mto CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, .Ir, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, .Ir
and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, .Ir ( arrtved at 4 30 P M)
Counctl Lady Wtlson was absent durtng the &scusston of 31~ Street Counctl Lady Wtlson DISCLOSED
her husband ts a prtnctpal tn the accounttngfirm of Goodman and Company and earns compensatton whtch
exceeds $10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to
the proposal before Ctty Counctl The Ctty Attorney has advtsed that she ts requtred to &sclose any
personal tnterest as st meets the crtterta of a personal interest tn the transactton under the Confltct of
Interests Act and ts &squahfied from parttctpattng tn thts transactton Counctl Lady Wtlson 's letter of Aprtl
24, 2001, ss hereby made a part of the record
(Time of Closed Session: 4:22 P.M to 6:00 P.M.)
February 12, 2002
- 13-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
February 12, 2002
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, February 12, 2002, at 6 O0 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, dr,
Barbara M Henley, Louts R dones, Reba S McClanan, Robert C
Mandtgo, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, dr and Rosemary Wdson
Councd Members Absent
None
INVOCATION
Reverend,lames C Ulhan
Scott Memortal Methodtst Church
and Pohce Chaplam
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank which recently merged wtth Ftrst Unton Nattonal Bank The Vtce
Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may
come before Ctty Councd Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made apart of the record
February 12, 2002
- 14-
Rem ~E
CER TIFICA TION OF
CLOSED SESSION
ITEM # 49283
Upon motion by Councdman Man&go, seconded by Councdman Branch, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to which
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenafied tn the moaon
convemng the Closed Session were heard, &scussed or considered by
Vtrgtnta Beach Ctty Councd
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce
Mayor Wdham D Sessoms, Jr
Counctl Members Vottng Nay
None
Councd Members Abstatntng
Rosemary Wdson
Counctl Members Absent
None
Councd Lady Wdson ABSTAINED as she as not tn attendance durtng the Closed Sesston
February 12, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM ii 49281, page 12, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(,,1) 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 pubhc 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.
gr~h Hodge~/Sm'i~h, MMC
City Clerk
February 12, 2002
- 15-
Item V-F. 1.
MINUTES
ITEM # 49284
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Man&go, Ctty Council APPROVED the
Mtnutes of the INFORMAL AND FORMAl, SESSIONS of February 5, 2002
Vottng 1 I-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
- 16-
Item V-G. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49285
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 12, 2002
-17-
Item V-H./I.
RES OL UTIONS/ORDINANCES
ITEM # 49286
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Resoluttons I, and 2 and Ordmances I, 2 and 3 of the CONSENT AGENDA.
Vottng 11- (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent
None
Counctl Lady Henley ABSTAINED on Item H 1 re the CIP ProJects which tnvolve Lasktn Road, Phase
I, as she has an tnterest tn property at 1372 Lasktn Road
February 12, 2002
Item V-H.P.
-18-
RES OL UTIONS/ORDINANCES
ITEM # 4928 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to AUTHORIZE the tssuance and sale of $95-Mtlhon General
Obhgatton Pubhc Improvement and Refunding Bonds, Series 2002, of the
Ctty of Vtrgtnta Beach, heretofore authortzed, re refunding of certain
general obhgatton bonds of the Cttyfor capttal projects
Vottng I 1-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, ,Ir and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctl Lady Henley ABSTAINED on Item H 1 re the CIP ProJects, which tnvolve Lasktn Road, Phase
I, as she has an tnterest tn property at 1372 Lasktn Road
February 12, 2002
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT AND
REFUNDING BONDS, SERIES OF 2002, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
$95,000,000, HERETOFORE AUTHORIZED, AND PROVIDING FOR
THE FORM, DETAILS AND PAYMENT THEREOF, AND
PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL
OBLIGATION BONDS OF THE CITY
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WHEREAS, the issuance of $53,800,000 of bonds of the City of Vlrglma Beach, V~rg~ma
(the "C~ty"), was authorized by an ordinance adopted bythe Council of the City (the "C~ty Council")
on May 12, 1998, w~thout being submitted to the quahfied voters of the City, to finance various
pubhc improvements, including schools, roadways, coastal, economic and tourism and budding
projects, $38,447,407 of which bonds have been issued and sold; and
WHEREAS, the ~ssuance of $56,700,000 of bonds of the C~ty was authorized by an
ordinance adopted by the C~ty Council on May 11, 1999, w~thout being submitted to the quahfied
voters of the City, to finance various public ~mprovements, Including schools, roadways, coastal,
economic and tourism and building projects, $29,500,000 of which bonds have been ~ssued and sold;
and
WHEREAS, the ~ssuance of $49,700,000 of bonds of the C~ty was authorized by an
ordinance adopted by the City Council on May 9, 2000, w~thout being submitted to the quahfied
voters of the C~ty, to finance various public ~mprovements, Including schools, roadways, coastal
projects, economic and tourism projects, bmld~ng and parks and recreation projects, $5,000,000 of
which bonds have been ~ssued and sold; and
WHEREAS, the ~ssuance of $57,700,000 of bonds of the City was authorized by an
ordinance adopted by the City Council on May 15, 2002, w~thout being submitted to the quahfied
voters of the City, to finance various pubhc Improvements, Including schools, roadways, coastal
projects, economic and tourism projects, bmld~ng and parks and recreation projects, none of which
bonds have been ~ssued and sold; and
WHEREAS, it appears that the City can effect considerable savings by ~ssmng bonds to
refund all or a portion of the following bond ~ssues (collectively, the "Refunded Bonds"):
General Obhgat~on Pubhc Improvement Bonds, Series of 1991C;
General Obligation Refunding Bonds, Series of 1992;
General Obhgat~on Public Improvement Bonds, Series of 1992,
General Obhgatlon Public Improvement Bonds, Series of 1993A;
General Obligation Public Improvement and Refunding Bonds, Series of 1994, and
General Obligation Pubhc Improvement Bonds, Series of 1995;
WHEREAS, the City Council has determined it ~s ~n the City's best ~nterest to issue and sell
$5,852,593 of the bonds authorized on May 12, 1998; $11,647,407 of the bonds authorized on May
11, 1999; $26,500,000 of the bonds authorized on May 9, 2000; and $21,000,000 of the bonds
authorized on May 15,2001; and
WHEREAS, it has been recommended to the City Council by representatives of Government
F~nance Associates, Inc and Government Finance Group, Inc. (the "Flnanmal Advisors") that the
City ~ssue and sell a s~ngle issue of public Improvement and refunding bonds ~n the maximum
pnnc~pal amount of $95,000,000; and
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be ~ssued, pursuant to the Constitution and statutes
of the Commonwealth of V~rg~ma, ~nclud~ng the C~ty Charter and the Pubhc F~nance Act of 1991,
general obligation pubhc ~mprovement and refunding bonds of the City in the mammum pnnc~pal
amount of $95,000,000 (the "Bonds") as follows (a) a maximum of $65,000,000 to provide funds
to finance, in part, the cost of the various pubhc, school, road and highway, coastal, economic and
tourism and building Improvements as more fully described ~n the ordinances authorizing the Bonds
adopted on May 12, 1998, May 11, 1999, May 9, 2000, and May 15, 2001 (collectively, the
"ProJect"), (b) a maximum of $30,000,000 to provide funds to refund the Refunded Bonds, lnclud~ng
funds to pay principal of and premium and interest on the Refunded Bonds until their redemption
and costs ~ncurred in connection with such refunding and (c) costs ~ncurred ~n connection with
issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General Obligation Pubhc
Improvement and Refun&ng Bonds, Series of 2002," or such other designation as may be determined
by the City Manager, shall be ~n registered form, shall be dated such date as determined by the City
Manager, shall be in denominations of $5,000 and ~ntegral multiples thereof and shall be numbered
R-1 upward. SubJect to Section 8, the ~ssuance and sale of the Bonds are authorl×ed on terms as
shall be satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a "true"
or "Canadian" interest cost not to exceed 7.0% (taking into account any original ~ssue d~scount or
premium), (b) shall be sold to the purchaser at a price not less than 98% of the prlnmpal amount
thereof (excluding any original ~ssue d~scount) and (c) shall mature or be subject to mandatory
s~nk~ng fund redemptions ~n annual ~nstallments beglnmng no later than the year 2003 and ending
no later than the year 2022 Pnnclpal of the Bonds shall be payable annually and ~nterest on the
Bonds shall be payable semiannually on dates determined by the City Manager.
Each Bond shall bear ~nterest at such rate as shall be determined at the time of sale, calculated
on the basis of a 360-day year of twelve 30-day months, and payable sennannually on dates
determined by the C~ty Manager. Pnnc~pal shall be payable to the registered owners upon surrender
of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be
payable by check or draft marled to the registered owners at their addresses as they appear on the
registration books kept by the Registrar on a date prior to each ~nterest payment date that shall be
determined by the City Manager (the "Record Date") Pnnc~pal and ~nterest shall be payable ~n
lawful money of the Umted States of America.
Initially, one Bond certfficate for each maturity of the Bonds shall be ~ssued to and registered
~n the name of The Depository Trust Company, New York, New York ("DTC"), or ~ts nominee The
C~ty has heretofore entered ~nto a Blanket Letter of Representations relating to a book-entry system
to be mmntmned by DTC w~th respect to the Bonds. "Securities Depository" shall mean DTC or any
other securities depository for the Bonds appointed pursuant to tins Section.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by g~v~ng not~ce to the Registrar, and the C~ty &scharges Its
respons~biht~es hereunder, or (b) the C~ty ~n ~ts sole d~scret~on determines 0) that beneficial owners
of Bonds shall be able to obtain certfficated Bonds or (n) to select a new Securities Depository, then
the C~ty's D~rector of Finance shall, at the d~rect~on of the C~ty, attempt to locate another quahfied
securities depository to serve as Securities Depository and authenticate and dehver certfficated Bonds
to the new Securities Depository or ~ts nominee, or authenticate and dehver certfficated Bonds to the
beneficial owners or to the Securities Depository pamclpants on behalf of beneficial owners
substantially in the form prowded for ~n Section 5; prowded, however, that such form shall provide
for ~nterest on the Bonds to be payable (A) from the date of the Bonds ffthey are authenticated prior
to the first interest payment date, or (B) otherwise from the ~nterest payment date that ~s or
~mmed~ately precedes the date on which the Bonds are authenticated (unless payment of ~nterest
thereon ~s ~n default, ~n winch case ~nterest on such Bonds shall be payable from the date to which
~nterest has been prod). In dehvenng certificated Bonds, the C~ty's D~rector of F~nance shall be
entitled to rely on the records of the Securlt~es Depository as to the beneficial owners or the records
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of the Secunties Depository participants acting on behalf of beneficial owners. Such certaficated
Bonds wall then be regastrable, transferable and exchangeable as set forth in Sectaon 7.
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So long as there is a Securltaes Depository for the Bonds (1) it or ltS nominee shall be the
regastered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of pnnclpal and interest, transfers of ownership and
exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be
effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar
and the City shall not be responsible or liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or persons acting through such participants,
(4) references in this Resolution to registered owners of the Bonds shall mean such Securities
Deposatory or Its nominee and shall not mean the beneficaal owners of the Bonds, and (5) an the
event of any anconslstencybetween the provisions of this Resolution and the provisions of the above-
referenced Blanket Letter of Representations such provisions of the Blanket Letter of
Representations, except to the extent set forth in thas paragraph and the next preceding paragraph,
shall control.
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3. Redemption Provisions. The Bonds may be subject to redemptaon prior to maturity
at the optaon of the City on or after dates, if any, determined by the City Manager, in whole or ~n part
at any time, at a redemption price equal to the principal amount of Bonds, together with any interest
accrued to the redemptaon date.
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Any term bonds may be subject to mandatory sinking fund redemption upon terms
determined by the City Manager.
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If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be
selected by the City's Director of Finance in such manner as he may determane to be in the best
interest of the City. If less than all the Bonds of a particular maturity are called for redemptaon, the
Bonds wathan such maturity to be redeemed shall be selected by the Secuntaes Deposatory pursuant
to ats rules and procedures or, if the book-entry system is discontinued, shall be selected by the
Registrar by lot in such manner as the Registrar in its discretion may determane. In either case, (a)
the portion of any Bond to be redeemed shall be in the pnnclpal amount of $5,000 or some antegral
multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as
representing that number of Bonds that is obtaaned by dividing the principal amount of such Bond
by $5,000 The Caty shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmlssaon, registered or certified maal or overnight
express dehvery, not less than 30 nor more than 60 days prior to the redemptaon date, to the
registered owner of the Bonds The City shall not be responsible for maahng notice of redemption
to anyone other than DTC or another qualified Securities Deposatory or its nomanee unless no
qualified Securities Depository is the registered owner of the Bonds. If no quahfied Securities
Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the
registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portaon thereof will be issued to the registered owner upon
the surrender thereof
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4. Execution and Authentication. The Bonds shall be signed by the manual or
facsImale sagnature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsamlle
signature of ats Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile
thereof printed thereon; provided, however, that afboth of such signatures are facsimiles, no Bond
shall be valid until it has been authenticated by the manual sagnature of an authorized officer or
employee of the Regastrar and the date of authentication noted thereon.
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5. Bond Form. The Bonds shall be an substantially the following form, with such
completions, omissions, Insertaons and changes not inconsistent with this Resolution as may be
approved by the officers sagnang the Bonds, whose approval shall be evidenced conclusively by the
executaon and delivery of the Bonds:
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Unless this certificate is presented by an authorized representative of The Depository
Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration
of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co.,
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or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
REGISTERED
No.R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement and Refunding Bond
Series of 2002
INTEREST RATE MATURITY DATE
DATED DATE
CUSIP
__% March 1,~ ., 2002
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of Virglma Beach, Virginia (the "City"), for value received, promises to pay, upon
surrender hereof to the registered owner hereof, or registered assigns or legal representative, the
pnnclpal sum stated above on the maturity date stated above, subject to prior redemption as
hereinafter provided, and to pay interest hereon from its date semiannually on each and
, beginning ., at the annual rate stated above, calculated on the basis
of a 360-day year of twelve 30-day months. Pnnclpal and interest are payable in lawful money of
the United States of America by the City Treasurer, who has been appointed Registrar (the
"Registrar") The City may appoint a qualified bank as successor paying agent and registrar for the
bonds.
Notwithstanding any other provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company ("DTC"), and the payment ofpnnclpal and interest,
the providing of notices and other matters shall be made as described in the City's Blanket Letter of
Representations to DTC.
This bond is one of an issue of $ General Obligation Public Improvement
and Refunding Bonds, Series of 2002, ofhke date and tenor, except as to number, denomination, rate
of interest, pnmlege of redemption and maturity, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act
of 1991. The bonds have been authorized by ordinances adopted by the Council of the City (the
"City Council") on May 12, 1998, May 11, 1999, May 9, 2000, and May 15, 2001, and are ~ssued
pursuant to a resolution adopted by the City Council on [February 12, 2002], to finance various
public, school, road, highway and bridge improvements, to provide funds to refund portions of
various series of general obligation bonds issued by the City between ~ and__ and to pay costs
of issuance of the bonds.
Bonds matunng on or before , are not subject to redemption prior to
maturity. Bonds matunng on or after , are subject to redemption prior to maturity
at the option of the City on or after , in whole or in part at any time, upon payment
of 100% of the principal amount of bonds to be redeemed plus interest accrued and unpaid to the
redemption date.
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[ Bonds maturing on , ~, are required to be redeemed in part before matunty
by the City on in the years and amounts set forth below, at a redemption price equal to
the pnnmpal amount of the bonds to be redeemed, plus accrued interest to the redemption date.
Year Amount Year Amount
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If less than all of the bonds are called for redemption, the bonds to be redeemed shall be
selected by the City's Director of Finance in such manner as he may determine to be in the best
interest of the City. If less than all the bonds of a particular maturity are called for redemption, the
bonds within such maturity to be redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be
selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In
either case, (a) the portion of any bond to be redeemed shall be in the pnnmpal amount of $5,000 or
some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be
considered as representing that number of bonds that is obtained by dividing the pnnclpal amount
of such bond by $5,000 The City shall cause notice of the call for redemption identifying the bonds
or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mall
or overnight express delivery, not less than 30 nor more than 60 days pnor to the redemption date,
to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for
redemption, a new bond in the pnnclpal amount of the unredeemed portion hereof will be issued to
the registered owner upon surrender hereof
The full faith and credit of the City are irrevocably pledged for the payment of pnnclpal of
and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity exclusively
entitled to payment ofpnnclpal of and interest on this bond and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown as
the owner on the registration books on the fifteenth day of the month preceding each interest
payment date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Vlrglma to happen, exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and the issue of bonds of which this bond is
one, together with all other indebtedness of the City, is within every debt and other limit prescribed
by the Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to
be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond
to be dated ,2002.
COUNTERSIGNED:
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Clerk, City of Virginia Beach, Virginia
(SEAL)
234 ASSIGNMENT
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236
Mayor, City of Virginia Beach,
Vlrglma
FOR VALUE RECEWED the undersigned sell(s), assign(s) and transfer(s) unto
237 (Please pnnt or type name and address, including postal zip code, of Transferee)
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PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE.
the within bond and all rights thereunder, hereby Irrevocably constituting and appointing
., Attorney,
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to transfer said bond on the books kept for the registration thereof, w~th full power of substitution
in the premises
Dated:
Signature Guaranteed
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NOTICE: Signature(s) must be guaranteed
by an Ehglble Guarantor Institution such
as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union
or Savings Association who is a member
of a medallion program approved by The
Securities Transfer Association, Inc
(Signature of Registered Owner)
NOTICE. The signature above must
correspond w~th the name of the
registered owner as it appears on the
front of th~s bond in every particular,
w~thout alteration or enlargement or any
change whatsoever
6. Pledge of Full Faith and Credit. The full froth and credit of the C~ty are irrevocably
pledged for the payment of the pnnc~pal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely payment of the Bonds, the C~ty Council shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or hm~ted by law and
without hmltatlon as to rate or amount, on all locally taxable property ~n the City sufficient to pay
when due the pnncIpal of and ~nterest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City Treasurer 1s appointed
paying agent and registrar for the Bonds (the "Registrar") The City may appoint a quahfied bank
or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain
registration books for the registration and registration of transfers of Bonds. Upon presentation and
surrender of any Bonds at the office of the Registrar, at 1ts corporate trust office if the Registrar is
a bank or trust company, together with an assignment duly executed by the registered owner or h~s
duly authorized attorney or legal representative in such form as shall be satisfactory to the Regmtrar,
the City shall execute, and the Registrar shall authenticate, ~frequlred by Section 4, and shall dehver
in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, beanng interest at the same rate and registered in the
name as requested by the then registered owner thereof or 1ts duly authorized attorney or legal
representative. Any such exchange shall be at the expense of the City, except that the Registrar may
charge the person requesting such exchange the amount of any tax or other governmental charge
required to be prod with respect thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled to
payment of principal and interest and the exercise of all other rights and powers of the owner, except
that interest payments shall be made to the person or entity shown as owner on the registration books
as of the Record Date.
8. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a pnnc~pal amount to be determined by the
City Manager, in collaboration w~th the Financial Adwsors, and subject to the hm~tat~ons set forth
in paragraph 1, and the City Manager shall receive b~ds for the Bonds and award the Bonds to the
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bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in
paragraph 2. Following the same of the Bonds, the City Manager shall file a certificate with the City
Clerk setting forth the final terms of the Bonds The actions of the City Manager in selling the
Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds
shall be necessary on the part of the City Council.
9. Notice of Sale. The City Manager, in collaboration with the Financial Advisors, is
authorized and directed to take all proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which is approved, provided that the
City Manager, in collaboration with the Financial Advisors, may make such changes in the Notice
of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City.
10. Official Statement. A draft of a Prehmlnary Official Statement describing the
Bonds, copies of which have been provided to the members of the City Council, is approved as the
form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such
completions, omissions, insertions and changes not inconsistent with this Resolution as the City
Manager, in collaboration with the Financial Advisors, may consider appropriate After the Bonds
have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such
completions, omissions, insertions and changes in the Prehmlnary Official Statement not
inconsistent with this Resolution as are necessary or desirable to complete it as a final Official
Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval
of any such completions, omissions, insertions and changes. The City shall arrange for the delivery
to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within
seven business days after the Bonds have been sold, for dehvery to each potential investor requesting
a copy of the Official Statement and to each person to whom such purchaser lmtlally sell Bonds.
11. Official Statement Deemed Final. The City Manager is authorized, on behalfofthe
City, to deem the Preliminary Official Statement and the Official Statement in final form, each to
be final as of its date within the meaning of Rule 15c2-12 (the "Rule") of the Securities and
Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement
of certain pricing and other information permitted to be omitted pursuant to the Rule The
distribution of the Preliminary Official Statement and the Official Statement in final form shall be
conclusive evidence that each has been deemed final as of its date by the City, except for the
omission in the Preliminary Official Statement of such pricing and other information permitted to
be omitted pursuant to the Rule.
12. Preparation and Delivery of Bonds. After bids have been received and the Bonds
have been awarded, the officers of the City are authorized and directed to take all proper steps to
have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the
purchaser thereof upon payment therefor.
13. Redemption of Refunded Bonds. The City Manager is authorized and directed to
determine which of the Refunded Bonds, if any, shall be refunded. The Escrow Agreement
(hereinafter defined) shall provide for notice of redemption to be given in accordance with the
resolutions providing for the issuance of the Refunded Bonds to the registered owners of the
Refunded Bonds.
14. Escrow Deposit Agreement. In the event the City Manager determines that It is in
the City's best interest that all or a portion of the Refunded Bonds should be refunded, the City
Manager and the Director of Finance, or either of them, are authorized and directed to execute an
escrow deposit agreement (the "Escrow Agreement") between the City and an escrow agent to be
appointed by the City Manager (the "Escrow Agent") The Escrow Agreement shall be in the form
approved by the City Manager, in collaboration with the C~ty Attorney and the City's bond counsel,
and shall provide for the deposit and investment of a portion of the Bond proceeds for the defeasance
of the Refunded Bonds. The execution of the Escrow Agreement by the City Manager or the
Director of Finance shall constitute conclusive evidence of such official's approval of the Escrow
Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the
Bond proceeds (the "Refunding Portion") in an escrow fund which shall be sufficient, when invested
in noncallable, direct obligations of the United States Government (the "Government Obligations"),
i
(h) bond calls;
(i) defeasance of all or any portion of the Bonds;
(J)
release, substitution, or sale of property securing repayment of the Bonds;
and
(k) rating changes.
Section 4. Termination. The obligations of the City will terminate upon the
rcdemptmn, defeasance (within the meaning of thc Rule) or payment in full of all thc Bonds.
Section 5. Amendment. The City may modify its obligations hereunder without the
consent of Bondholders, provided that this Disclosure Agreement as so modified complies with
the Rule as it exists at the time of modification. The City shall within a reasonable time
thereafter send to each NRMSIR and the SID a description of such modification(s).
Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation
regarding Continuing Disclosure specified in this Disclosure Agreement, any holder (within the
meaning of the Rule) of Bonds then outstanding may, by notice to the City, proceed to protect
and enforce its rights and the rights of the holders by an action for specific performance of the
City's covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any failure of the City to
comply with any obligation regarding Continuing Disclosure specified in this Disclosure
Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the
resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or
remedy other than that described in Section 6(a) above.
Section 7. Additional Disclosure. The City may from time to time disclose certain
information and data in addition to the Continuing Disclosure. Notwithstanding anything herein
to the contrary, the City shall not incur any obligation to continue to provide, or to update, such
additional information or data.
Section 8. Counterparts. This Disclosure Agreement may be executed in several
counterparts each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 9. Governing Law. This Disclosure Agreement shall be construed and enforced
in accordance with the laws of the Commonwealth of Virginia.
CITY OF VIRGINIA BEACH, VIRGINIA
Mayor, City of Virginia Beach, Virginia
RICHMOND 786261 v I
City Manager, City of Virginia Beach,
Virginia
OFFICIAL NOTICE OF SALE
CITY OF VIRGINIA BEACH, VIRGINIA
$95,000,000'
GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS~ SERIES OF 2002
Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance
with th~s Official Notice of Sale until 11.00 a.m, Local T~me, on Tuesday, March 5, 2002 (the "Date of Sale"). In
the case of a malfunction In submitting an electronic bid, facsimile bids will be allowed, as more fully described
below.
Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by
2:00 p.m., Local Time
Bid Submission
Solely as an accommodation to bidders, electromc b~ds v~a PARITY (the "Electronic B~dd~ng System")
will be accepted in accordance w~th th~s Officml Notice of Sale. The C~ty is using PARITY as a communication
mechanism to conduct the electronic bidding for the sale of $95,000,000' General Obhgauon Pubhc Improvement
and Refunding Bonds, Series of 2002 (the "Bonds"), as described herein. To the extent any instructions or
d~rections set forth in PARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale
shall control. Each b~dder submitting an electronic bid agrees 0) that it is solely responsible for all arrangements
with PARITY, (i0 that PARITY is not acting as the agent of the City, and (iii) that the City ~s not responsible for
ensuring or verifying bidder compliance with any of the procedures of PARITY. The City assumes no responsibility
for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid
submitted by such bidder through PARITY Each bidder shall be solely responsible tbr making necessary
arrangements to access the Electronic Bidding System for purposes of submitting its bid m a t~mely manner and in
compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding
System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor
PARITY shall be responsible for proper operation of, or have any habfi~ty for, any delays or interruptions of, or any
damages caused by, PARITY. For further information about PARITY, potential b~dders may contact Dalcomp at
395 Hudson Street, New York, New York 10014, telephone (212) 806-8304.
In the event of a malfunction of the Electronic B~dd~ng System, facsmule transmission b~ds will be
accepted up to 11:00 a.m., Local Time, on the Date of Sale. B~dders choosing to submit bids tn the case of a
malfunction by facsimile transnuss~on shall use the following telecopler numbers for such transmission: (757) 427-
4302 or (757) 427-4135 (Attention: Patrlcia A Phillips) Transmissions received after the deadline shall be rejected.
It ~s the responsibility of the bidder to ensure that the bid Is legible, that the bid Is received not later than 11:00 a.m.,
Local Time, and that the bid is sent to one of the telecopler numbers set forth above. Illegible transnusslons shall be
rejected. The City's financial advisors (Government Finance Associates, Inc. and Government Finance Group, a
d~vis~on of ARD Incorporated, collectively the "Financial Advisors") will verify receipt of each bid submitted
through facsmule transmission by contacting each bidder by telephone once the bid has been received. The C~ty's
F~nancial Advisors will In no ~nstance correct, alter or m any way change bids submitted through facs~rmle
transnuss~on. Neither the C~ty nor ~ts Fmancml Advisors will be responsible for b~ds subnutted by facsinule
transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to
subnut bids via facsimile transnuss~on will bear full and complete respons~bflity for the transnuss~on of such b~d.
' Prehnunary, subject to change as described here~n.
Each btd must be uncondmonai.
Principal Redemption
The Bonds will be general obligation bonds of Ihe City. dated Marcia I, 2002 (the "Dated Date"), and will
mature serially or be subJect to mandatory stoking fund redemptions on Ma~ch I m the years and amounts shown
below.
Due March I Amount' Due March ! Amount'
2OO3 $ 2013
2004 2014
20O5 2015
2006 2016
2007 2017
2008 2018
2009 2019
2010 2020
2011 2021
2012 2022
Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions
Bidders may provide In the bid form for all of the Bonds to be ~ssued as serial Bonds or may designate
consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the
event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking
fund redemption commencing on March ! of the first year which has been combined to form such Term Bond and
continuing on March i In each year thereafter until the stated maturity of such Term Bond The amount redeemed in
any year shall be equal lo thc principal amount for such year scl forlh m the anaorlizatlon schedule above. Bonds to
be redeemed m any year by mandatory stoking fund redemption shall be redeemed at par and shall be selected by lot
from among the Bonds of Ihe maturity being redeemed
Description of the Bonds; Book-Entry Only System
The Bonds will be issued by means of a book-entry system with no distribution of physical Bond
cemficates made to the public One Bond certificate for each maturity wall be issued to The Depository Trust
Company, New York, New York ("DTC"), or its nominee, and ~mmobfl~zed m ~ts custody. The book-entry system
will evidence beneficial ownership of the Bonds tn pnnclpai amounts of $5,000 or multiples thereof, with transfers
of beneficml ownership effected on the records of DTC and its participants pursuant to rules and procedures
estabhshed by DTC and ~ts participants. Bond certificates registered in the name of Cede & Co. will be deposited
with DTC. Interest on the Bonds will be paid senuannually on March ! and September 1, beginning September I,
2002, and principal on the Bonds will be paid annually on March I, beginning March i, 2003, to DTC or its
nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by
pamcapants of DTC wall be the responsibility of such participants and other nonunees of beneficml owners. The
City will not be responsible or liable for nm~ntaimng, supervising or reviewing the records maintained by DTC, its
pamclpants or persons acting through such participants
DTC may discontinue prov,dlng its services as securities depository with respect to the Bonds at any time
' Prehrmnary, subject to change as described here~n
by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities
depository is not obtained, Bond certificates are required to be prepared, executed and delivered
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor
securities depository) In that case, either a successor depository will be selected by the C~ty or Bond certificates
will be prepared, executed and dehvered
Optional Redemption
The Bonds that mature or are subject to mandatory sinking fund redemption on or befbre March 1, 2012,
are not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after March 1,
2013, will be subject to redemption beginning March 1, 2012, in whole or in part at any time, at the option of the
City, upon payment of the par amount of principal so redeemed plus interest accrued and unpaid to the redemption
date.
If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the
City's Director of Finance In such manner as may be determined to be in the best interest of the City. If less than all
of the Bonds of a particular maturity are called for redemption, DTC or any successor securities depository will
select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, the
Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by
lot in such manner as the Registrar In its discretion may determine. In either case, each portion of the $5,000
pnnclpai amount is counted as one Bond for such purpose. The City will cause notice of the call for redemption
~dentlfylng the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified
mall or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the
registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than
DTC or another qualified securities depository or its nominee unless no quahfied securities depository is the
registered owner of the Bonds If no qualified securities depository is the registered owner of the Bonds, notice of
redemption shall be marled to the registered owners of the Bonds If a port~on of a Bond ns called for redemption, a
new Bond in pnnclpal amount equal to the unredeemed port~on shall be issued to the registered owner upon the
surrender thereof
Security
The Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and
tmhmited taxing power
Use of Bond Proceeds
As described In more detail ~n the City's Prehrmnary Official Statement, dated February , 2002, the Bonds
are being issued for the purpose of providing funds for various pubhc Improvements, to refund certain bonds in
advance of their stated maturities and to pay the costs of ~ssuance related to the Bonds. While the City proposes to
issue Bonds for refunding purposes, ~t will do so only m such principal amounts as it deternunes will produce an
acceptable level of debt service savings on a present value basis. If the City determines, in its sole discretion, that
refunding all or a portion of such bonds is not In its best interests, the City will revise the amount of Bonds on which
it will receive bids pursuant to this Official Notice of Sale. See "Bidding Rules; Award of Bonds" for additional
information regarding adjustments In the principal amount of the Bonds.
Bidding Rules; Award of Bonds
B~dders may only b~d to purchase all of the Bonds Bidders are ~nwted to name the rate or rates of interest
per annum which the Bonds are to bear m multiples of one-twentieth (l/20th) or one-e~ghth (I/8th) of one percent.
All Bonds maturing on the same date must bear ~nterest at the same rate. Any number of rates may be named
provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage
points, and (b) the highest rate of ~nterest stated for any maturity may not exceed 7% per annum No bid for less
than 99% ofpar plus accrued interest (computed on the basis of a 360-day year and twelve 30-day months) from the
Dated Date to the delivery of the Bonds shall be considered. The City reserves the right to reject any or all bids
(regardless of the interest rate bid), to reject any bid not complying w~th this Official Notice of Sale and, so far as
perrmtted by law, Io waive any irregularity or informality w,th respect lo any bid or the bidding process
The prelirmnary aggregate principal amount of the Bonds and the prehminary annual pnnc~pal payment on
the Bonds, each as set forth ~n the Official Notice of Sale (the "Prelirmnary Aggregate Principal Amount" and the
"Preliminary Principal Amount", respectively; collectively, the "Prehnunary Amounts"), may be revised before the
receipt of bids. Any such revision made prior to receipt of the bids (the "Revised Aggregate Principal Amount" and
the "Revised Pnnc~pal Amount", respectively; collectively, the "Revised Amounts") WILL BE PUBLISHED VIA
THE BOND BUYER NEWS WIRE AND INCLUDED IN THE PARITY BID PARAMETERS NO LATER THAN
4.00 P.M. (NEW YORK TIME) ON THE LAST BUSINESS DAY PRIOR TO THE DATE OF RECEIPT OF BIDS
(THE "SALE DATE"). In the event that no such revisions are made, the Prelln~nary Amounts will constitute the
Revised Amounts. Bidders shall submit b~ds based on the Revised Amounts and the Revised Amounts will be used
to compare bids and select a successful bidder
As promptly as reasonably possible after the bids are received, the C~ty will not~fy the b~dder to whom the
Bonds will be awarded, ~f and when such award ns made Such b~dder, upon such not~ce, shall advise the C~ty of the
initial reoffenng prices or yields to the pubhc of each maturity of the Bonds (the "Imt~al Reoffenng Prices or
Yields") and details regarding the anticipated use of a municipal bond insurance policy, If any, In connection with
the Bonds. The successful bidder must sell to the pubhc 10% or more in par amount of the Bonds from each
maturity at the Initial Reoffering Prices or Yields Such Initial Reoffenng Prices or Yields, among other th~ngs, will
be used by the C~ty to calculate the final aggregate principal amount of the Bonds and the final pnnclpal amount of
each annual pnnc~pal payment on the Bonds (the "Final Aggregate Pnnc~pai Amount" and the "Final Principal
Amount", respectively, collectively, the "F~nai Amounts"). In deterrmmng the Final Amounts, the City reserves the
right, m its sole d~scretion, to modify the Revised Amounts as necessary to effect the greatest economic advantage
of the refunding, or to accommodate other refunding objectives of the C~ty, but will not increase or decrease the
Revised Aggregate Principal Amount and the Revised Principal Amounts, except w~th the express consent of the
successful bidder, by more than 10% After such adjustments, the actual purchase price may be less than 99% of the
par amount of the Bonds, but tlus result will not affect award of the Bonds The successful bidder may not withdraw
its bid or change the ~nterest rates b~d or the lmtlal Reoffermg Prices or Yields as a result of any changes made to the
Revised Amounts within these parameters The dollar amount bid by the successful bidder will be adjusted to reflect
any adjustments made to the Revised Amounts SUCH ADJUSTED DOLLAR BID AMOUNT WILL NOT
CHANGE THE BIDDER'S COMPENSATION PER $1,000 00 OF PAR AMOUNT OF BONDS (EXCLUDING
ANY PRO RATA FEES FOR BOND INSURANCE) FROM THAT WHICH WOULD HAVE RESULTED FROM
THE BID SUBMITTED The interest rates specified by the successful bidder for each maturity will not change.
Ail bids will remain firm for a period of no less than five hours after the time specified for the opening of
bids. An award of the Bonds, If made, will be made by the City within such five hour period or, with the express
consent of the bidders, such longer t~me period as deemed necessary. The F~nal Amounts will be communicated to
the successful bidder no later than 4.00 p m. (New York Time) on the Sale Date
Unless all b~ds are rejected, the Bonds will be awarded to the bidder complying with the terms of this
Official Not~ce of Sale and submitting a bid which provides the lowest "true" interest cost to the C~ty. True interest
cost shall be deterrmned for each b~d by doubhng the semiannual ~nterest rate, compounded sermannuaily, necessary
to discount the debt service payments from the payment dates to the Dated Date and to the b~d price, such bid price
excluding interest accrued to the date of settlement. If more than one b~d offers the same lowest true interest cost,
the successful b~d w~ll be selected by the City Manager by lot The City reserves the right to reject any or all bids
and to waive any ~rregulanty or mformahty with respect to any b~d After the Final Amounts are detemuned, It is
possible that a new TIC will differ from the TIC subnutted on the Revised Amounts, but th~s result will not affect
award of the Bonds
Bids for the Bonds shall not be conditioned upon obtalmng insurance or any other credit enhancement. Ifa
bidder proposes to obtain a policy of mumc~pal bond insurance or any other credit enhancement, any such purchase
of insurance or comrmtment therefor shall be at the sole option and expense of the b~dder, and the bidder must pay
any increased costs of ~ssuance of the Bonds as a result of such insurance or commitment Any failure by the bidder
to obtain such a policy of insurance shall not m any way relieve such bidder of its contractual obligations arising
from the acceptance of IlS bid Ibr the purchase of the Bonds
Good Faith Deposit
Each b~d must be accompamed by a certified or cashier's check for $650,000 drawn upon an incorporated
bank or trust company authorized to transact business m the Commonwealth of V~rgima or ~n the City of New York
and payable unconditionally to the order of the City of Virglma Beach, V~rg~ma, to secure the C~ty against any loss
resulting from the failure of the successful bidder to comply w~th the terms of ~ts b~d The check of the successful
bidder wdl be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to
the benefit of the successful b~dder The proceeds of the check will be retained by the City as hquldated damages m
case the successful bidder falls to accept dehvery of and pay for the Bonds. Checks of unsuccessful bidders wdi be
returned promptly upon award of the Bonds B~dders must also clearly indicate to whom the check should be
returned ~n the event of an unsuccessful b~d
In heu of the check described above, the deposit may be in the form of a F~nanc~al Surety Bond m the
amount of $650,000 payable to the C~ty The F~nanc~al Surety Bond must be from an insurance company acceptable
to the C~ty and hcensed to ~ssue such a bond ~n the Commonwealth of V~rgima, and such Financial Surety Bond
must be submitted to the C~ty prior to the opemng of the b~ds and must be in a form acceptable to the City. The
Financial Surety Bond must ~dentify each b~dder whose deposit ~s guaranteed by such F~nanctal Surety Bond. If the
Bonds are awarded to a b~dder utd~z~ng a F~nanclal Surety Bond, then such successful b~dder is reqmred to subnut
~ts deposit to the City in the form of a cashier's check or certified check or w~re transfer not later than 11.00 a.m.,
Local Ttme, on the next business day following the award If such deposit ts not received by such time, the
Financial Surety Bond may be drawn by the C~ty to satisfy the deposit reqmrement
Btdders submitting an electromc or facs~mde b~d must dehver the good fatth check (or, tn heu thereof, a
Financial Surety Bond) by 10:00 a m, Local T~me, on March 5, 2002, to Patrlc~a A Phflhps, Dtrector of Finance,
Vu'gima Beach Mumclpal Center, City Hall Braiding, Room 220, V~rglma Beach, V~rglma 23456
Delivery of the Bonds
The Bonds will be dehvered at the expense of the C~ty ~n New York, New York, through the facdities of
DTC on or about March 19, 2002
Concurrently wtth the dehvery of the Bonds, the C~ty will furmsh to the successful bidder without cost (a) a
certificate dated the date of dehvery of the Bonds, s~gned by the appropriate C~ty officials and stating that no
htigat~on of any k~nd is then pending or, to the best of their ~nformatlon, knowledge and behef, threatened against
the Ctty to restrain or en. loln the issuance or dehvery of the Bonds or the levy or collection of ad valorem taxes and
(b) certtficates dated the date of dehvery of the Bonds, stating that the descriptions and statements m the Official
Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and tn the column "Price/
Yield" on the cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are
true and correct in all material respects, d~d not and do not contain an untrue statement of a maternal fact or ormt to
state a material fact reqmred to be stated therein or necessary to make such descriptions and statements, in hght of
the circumstances under which they were made, not misleading Such certificates wdl also state, however, that such
C~ty officials did not independently verify the reformation indicated m the Official Statement as having been
obtained or derived from sources other than the City and its officers but they have no reason 1o beheve that such
mformat~on is not accurate
Certificate of Winning Bidder
The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24
hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official
Statement in final form, as described below.
Ao
The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any
accrued interest).
Bo
Selling compensation (aggregate total anticipated compensation to the underwriters expressed in
dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart
A above).
C. The identity of the underwriters if the successful bidder Is a part of a group or syndicate.
D°
Any other material information necessary to complete the Official Statement In final form but not
known to the City
Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form
acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds
at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G-
37 of the Mumclpal Securities Rulemaking Board (the "MSRB") with respect to the City and that a substantial
amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other
intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best
knowledge, information and belief of the successful bidder and (2) 10% or more in par amount of the Bonds of each
maturity was sold to the pubhc at the initial public offering price (such amount being sufficient to establish the sale
of a substantial amount of the Bonds).
CUSIP Numbers
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to
print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the
successful bidder thereof to accept dehvery of and pay for the Bonds in accordance with the terms of its bid. The
City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the
City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the
assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by
the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter
questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of
award.
Official Statement
The City will furnish the successful bidder at the expense of the City up to 750 copies of the final Official
Statement within seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12 (the
"Rule") of the Securmes and Exchange Conumsslon (the "SEC") and the rules of the MSRB provided that rmnor
delays in furmshmg such final Official Statement will not be a basis for failure to pay for and accept delivery of the
Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes
no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the
successful bidder.
The successful bidder, by executing the Official Bid Form, agrees to provide one copy of the Official
Statement to at least one Nationally Rccogmzcd Municipal Sccurmcs Information Repository ("NRMSIR") within
the meaning of the Rule upon receipt of the Official Statement from thc City and two copies of the Official
Statement (with any reqmrcd forms) to the MSRB or its designee no later than ten business days following the Date
of Sale. The successful bidder shall notify thc City as soon as practicable of (1) the date which is the end of the
·
underwriting period (such "underwriting period" ~s described ~n the Rule), and (2) the date of fihng the Official
Statement w~th a NRMSIR and MSRB or ~ts designee
If the Bonds are awarded to a syndtcate, the City will designate the semor managing underwriter of the
syndicate as ~ts agent for purposes of d~str~butmg copies of the Official Statement to each participatn~g underwriter
Any underwriter executing and dehvermg a bid form with respect to the Bonds agrees thereby that ff its bid ~s
accepted it shall accept such des~gnauon and shall enter ~nto a contractual relationship w~th all participating
underwriters for the purposes of assunng the receipt and distnbuuon by each such part~c~paung underwriter of the
Officml Statement, unless another firm is so designated by the syndicate ~n writing and approved by the C~ty.
Legal Opinion
The approwng opimon of Hunton & Wfihams, R~chmond, Virginia, w~th respect to the Bonds will be
furnished to the successful b~dder at the expense of the City and will state that the Bonds constitute valid and legally
binding obligations of the C~ty and that its Council IS authorized and reqmred by law, unless other funds are lawfully
available and appropriated for timely payment of the Bonds, to levy and collect an annual ad valorem tax, over and
above all other taxes authorized or hmlted by law and without hm~tatlon as to rate or amount, on all locally taxable
property in the City sufficient to pay the pnnc~pal of and ~nterest on the Bonds as the same become due.
Federal and State Securities Laws
No action has been taken to quahfy the Bonds under the federal securities laws or the securities blue sky
laws of any state
Tax Exemption
The Official Statement relating to the Bonds contains a d~scuss~on of the effect of the Internal Revenue
Code of 1986, as amended, on the exclusion from gross ~ncome of ~nterest on the Bonds and a d~scuss~on of the
op~mon of Hunton & Williams Insofar as ~t concerns such exclusion
Continuing Disclosure
To assist the successful b~dder in complying w~th the Rule, the C~ty will agree, pursuant to the Continmng
Disclosure Agreement, to prowde certain annual financial information and operating data and notices of the
occurrence of certain events, ~f material A description of th~s undertaking ~s set forth m the Prehmlnary Officml
Statement for the Bonds and will also be set forth m the final Official Statement for the Bonds (See Appendix C of
the Prehrmnary Official Statement dated February 21, 2002)
Change of Date and Time for Receipt of Bids
The C~ty expects to take b~ds on the Bonds on March 5, 2002. However, the C~ty reserves the right to
postpone the date and time estabhshed for the receipt of b~ds Any such postponement will be announced by THE
BOND BUYER Newsw~re, or any other such service If the receipt of b~ds is postponed, any alternative date for
receipt of bids will be announced v~a THE BOND BUYER Newswlre, or any other such service, at least three
bus~ness days prior to such alternative sale date Any b~dder must subnnt a b~d for the purchase of the Bonds on
such alternative sale date in confornnty w~th the provisions of th~s Official Not~ce of Sale, except for any changes
announced v~a THE BOND BUYER Newsw~re, or any other such service, as described thereto
Additional Information
For further ~nformation relating to the Bonds and the C~ty, reference is made to the C~ty's Preliminary
Official Statement. The C~ty has deemed the Prehnnnary Official Statement to be final as of ItS date within the
meamng of the Rule, except for the onnsslon of certain pricing and other ~nformatlon pernutted to be onutted
pursuant to the Rule. The Official B~d Form and the Prehnunary Official Statement may be obtained from the
C~ty's Financial Advisors, Government F~nance Assocmtes, lnc, 919 Third Avenue, 27th Floor, New York, NY
10022 (telephone 212-836-4819) and Government Finance Group, a division of ARD Incorporated, 1601 N. Kent
Street, Suite 800, Arhngton, VA 22209 (telephone 703-807-5700).
CITY OF VIRGINIA BEACH, VIRGINIA
By James K Spore
City Manager
Dated: February 21, 2002
OFFICIAL BID FORM
Electronic bids (or facsimile bids as provided in the Official Notice of Sale) must be submitted by I ! :00 am, Local Time.
To: City Manager March 5, 2002
Office of the C,ty Manager
Vlrgmm Beach, Virgmm 23456
On behalf of the firm(s) hsted below and pursuant to thc terms and condmons listed in the City's Officml Not,ce of Sale, we offer
to purchase the $95,000,000' General Obhgatlon Public Improvement and Refunding Bonds, Series of 2002 (the "Bonds"), of the
Ctty of%rgmla Beach, V,rgmm, dated March I, 2002 Th,s offer ,s made for all of the Bonds and for not less than all, maturing
on March I in the years shown below The schedule ofmaturmes and interest rates upon whmh th,s bM ,s based are as follows:
Prehm,nary Rev,sed Prel,m,nary Revised
Pr,nc,pal Pnnc~pal Pr,nc,pal Pr,nc,pal
Maturity Amount' Amount Rate Matumy Amount' Amount Rate
2003 $ $ 2013 $ $
2004 2014
2005 2015
2006 2016
2007 2017
2008 2018
2009 2019
2010 2020
2011 2021
2012 2022
(CROSS OUT THE SERIAL BOND MATURITIES BEING BID AS TERM BONDS )
Term Bonds (Opt,onal - No More Than Two Term Bonds)
F~rst Year of Mandatory
Redempt,on
Year of Maturity
Total Pr,nc,pal Amounts Ra, te
We will pay $
or premium of $
%
%
(LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED)
", wh,ch ,s not less than $64,350,000 or not less than 99% of par (representing a discount
), plus accrued ,nterest from the date of the Bonds to the date of delivery and wdl accept
del,very of the Bonds by means of a book-entry system at The Depos,tory Trust Company, New York, NY
Please indicate the appropriate choice:
We have posted a surety bond ,n the amount of $650,000 If awarded the b,d, we wdl dehver to the City $650,000 m
good fa,th money by i I 00 a m, Local T, me, on the next bus,ness day ,mmed,ately following the date of award, or the
City wdl draw upon the surety bond and apply ,tm accordance w,th the Officml Not,ce of Sale aga,nst any loss
resulting from the successful bMder fmhng to comply w,th the terms ofth,s bM
We enclose (or previously dehvered) a cemfied or cash,er's check for $650,000 drawn upon an ,ncorporated bank or
trust company as detaded m the Offic,al Not,ce of Sale and payable uncond,t,onally to the order of the City of %rgmla
Beach, %rg,ma, wMch ,s to be apphed ,n accordance w,th the Offic,al Not,ce of Sale against any loss resulting from
the successful bMder fading to comply w,th the terms ofth,s b,d
The good fa,th money wdl be depos,ted and cred,ted on the purchase pr,ce, and no ,nterest will be credited thereon to the
successful bMder The proceeds of the check wdl be reta,ned by thc C,ty as I,qmdated damages ~n case Ihe successful bMder
fads to accept dehvery of and pay for the Bonds Checks of unsuccessful bMders wdl be returned promptly upon award of the
Bonds
The unders,gned hereby acknowledges rece,pt and rev,ew of the Prehm,nary Offic,al Statement referred to ,n the Offic,al Notice
of Sale Respectfully subm,tted,
(Name of BMdlng F~rm) (Authorized Smgnature) (Name & Phone
Contact Person)
The good faith check has been returned and rece,pt thereof IS duly acknowledged
NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID
Number of
' Prehrmnary, subject to adjustment as provided in the Official Notice of Sale
"After adjustment, the actual purchase price may be less than 99% of par.
(NOTE - The £ollowlng is stated for Int'ormatlon only and ,s not part of th~s bid Thc truc intcrcst cost of this bid, calculated
accordance with the Official Notice of Sale, is % (to s~x decimal places)
A list of the members of our syndicate is attached )
- 19-
Item V-H./2.
RES OL UTIONS/ORDINANCES
ITEM # 49288
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to AUTHORIZE the Hampton Roads Partnershtp to carry out
the re-certtficatton provtstons of the Commonwealth Regional
Competitiveness program (RCP) and APPROVING the fund dtstrtbutton
methodology proposed by the Partnershtp
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr.
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
A RESOLUTION AUTHORIZING THE HAMPTON ROADS PARTNERSHIP TO
CARRY OUT THE PROVISIONS OF THE REGIONAL COMPETITIVENESS
PROGRAM (RCP) AND APPROVING THE FUND DISTRIBUTION
METHODOLOGY PROPOSED BY THE PARTNERSHIP
WHEREAS, in 1996, the Virginia General Assembly adopted the Regional
Competitiveness Act (The "Act"), Chapter 26.3 of Title 15.1 (§ 15.1-1227.1
through § 15.1-1227.5) of the Code of Virginia, 1950, as amended, to encourage
counties, cities and towns to work together for their mutual benefit and that of the
Commonwealth of Virginia;
WHEREAS, to encourage regional strategic planning and cooperation, the
Act establishes an incentive fund administered by the Virginia Department of
Housing and Community Development (VDHCD) to be used to encourage and
reward regional strategic economic development planning and joint activities;
WHEREAS, The Act provides a monetary incentive, which totaled Ten
Million, Two-Hundred Sixty-Seven Thousand, Two Hundred Dollars
($10,267,200) in 2002, for distribution among the State's regions for communities
to undertake new levels of regional activity to address obstacles to economic
competitiveness, by granting funds for five (5) years in accord with VDHCD
standards adopted pursuant to the RCP;
WHEREAS, incentive funds will be disbursed to eligible regions in an
amount equal to the percentage of the funds appropriated in incentive payments
for a fiscal year that represents the region's percentage of the total population of
all eligible regions with a minimum of $300,000 (FY 2002);
WHEREAS, the Hampton Roads Partnership (the "Partnership")is a
Virginia non-profit, non-stock corporation comprised of leading representatives
from the public, business, education, and military communities whose mission is
to enhance regional cooperation and improve economic competitiveness in the
Hampton Roads Region (the "Region") which Region includes the Cities of
Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the Counties of
Gloucester, Isle of Wight, James City, Southampton, Surry and York;
WHEREAS, the Partnership revised its strategic plan in 1999, and further
modified that plan in 2001 and as such has a clear strategic road map for
improving the economic competitiveness of the Hampton Roads Region;
WHEREAS, a copy of the Modified Strategic Plan is attached hereto as
Exhibit A to be read as a part hereof;
WHEREAS, the Partnership, in close cooperation with the Hampton
Roads Planning District Commission, will take responsibility for submitting the
Hampton Roads Region's Re-qualification application for incentive funding under
the RCP and for seeing that the Plan's joint activities are enacted;
WHEREAS, in recognition of the Partnership's role in implementing the
Plan's joint activities, the distribution of all RCP funds received by the Region
since the inception of the program have gone directly to the Partnership
("distribution methodology");
WHEREAS, prior to completing the application process, the RCP
guidelines require that each municipality designate by resolution, approval of the
Region's RCP incentive funds distribution methodology; and
WHEREAS, the Council of Virginia Beach, Virginia has reviewed the RCP
and supports the Partnership's efforts to carry out the provisions of the RCP and
apply for monetary incentives on its behalf.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
That, on behalf of the City of Virginia Beach, Virginia, City Council hereby.
,
,
Recognizes the Hampton Roads Region as a region contemplated
by the Act, and declares itself to be a member of, and a participant
in, the Hampton Roads Region;
Supports the Partnership's efforts to carry out the provisions of the
RCP and apply for monetary ~ncentives on its behalf; and
Approves the RCP fund distribution methodology, and authorizes
the Partnership to receive, on its behalf, all incentive funding for the
five year qualification period beginning in the 2003 fiscal year.
Adopted by the Council of the City of Virginia Beach, Virginia, on th~s
~ day of~.]~_.~, 2002.
HAMPTON~~
ROADS
PA R T N E R S Il I P
Co-Chazrmen
Wflham K Butler, II
R Bruce Bradley
James L Eason
Preszdent & CEO
Mr. James K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Dear Jim:
January 14, 2002
The Hampton Roads Partnership has completed its first five years of
qualification with the Regional Competitiveness Program (RCP). We have begun
the process to re-qualify for another five-year period. While this re-qualification
process recognizes the progress we have made to date on activities that
encourage regional cooperation, it also requires us to reach for higher levels of
cooperation.
In order for our region to re-qualify for RCP funding, several legislatively
set requirements must be met. These include revising and adopting a regional
economic development strategic plan (which our board did on December 14) and
scoring at least 20 points in the evaluation system assessing the impact of
existing and proposed regional activities. Since the re-qualification process is
considered one of the most important things we will do in the next three months,
the staff has assigned a top priority to completing the various segments of the
application. We ask your help on two things necessary for us to re-qualify:
(1)
Adopt a Resolution from the Virginia Beach City Council, very
similar to the one that was approved and included in our initial
application made in 1997. For your information and reference I
have attached a copy of the Resolution that was adopted by
Council on May 13, 1997. The same request will be made of
each locality in our region.
I have also attached an updated Resolution that can be
presented to the Council this year. Our application is due to the
Virginia Department of Housing and Community Development
on March 29, 2002 and it is our hope to have all of the
Resolutions adopted and forwarded to Donna Morris by
February 28.
4~0 World Tr, ade Center { Norfolk, VA 23510 [ 757.525 4696 I Fax '~57.625,468,t
Mr. James K. Spore
Page two
(2)
Designate a senior staff person that could attend possibly two or
three meetings with his peers in Hampton Roads for the
purpose of assisting us to identify those activities, which we are
doing together now and those we possibly could pursue in the
future. This exercise relates to the requirement of us obtaining
20 points for existing and proposed regional activities. For
illustrative purposes I have included Appendix A and B to give
you an idea as to scoring requirements.
We appreciate the support you continue to provide in so many ways to the
Hampton Roads Partnership. The Partnership would not exist without the strong
support offered by our localities. If you have questions, please feel free to contact
me or Donna Mords at 625-4696.
Sincerely,
Eason
Appendix A
Issue Areas and Point Weights
Issue Area Weight
Job Creation or Economic Development 10
Region Revenue Sharing or Growth Sharing Agreement
Education 10
Human Services 8
Local Land Use 8
Housing 8
Transportation 5
Law Enforcement 5
Solid Waste 4
Water and Sewer Services 4
Corrections 3
Fire Services and Emergency Medical Services 3
Libraries 2
Parks and Recreation 2
,
Regional Competitiveness Program
Request for Re-qualification
August 2001
Page 8
Appendix B
Issue Areas and Point Weights
Criteria Weight
. .
The significance of the activity as measured by its impact on
regional economic competitiveness 50%
The significance of the activity on improving or strengthening 35%
cooperative working relationships among local governments
..
The complexity or difficulty in carrying out the activity 5%
, .
The amount of fiscal resources committed to implementing the
activity 5%
· , .
The number of localities participating in the activity 5%
Regional Competkiveness Program
Request for Re-qualification
August 2001
Page 9
HAMPTON ROADS PARTNERSHIP
MODIFIED STRATEGIC PLAN
October 1, 2001
Ii
Transportation
Goal: Improve mobility in Hampton Roads
Objectives:
1. Gain more state support.
2. Attain ability to address revenue requirements on a regional basis for specific
proiects.
3. Successful referendum.
Strategies:
1 Continue active participation in the Commonwealth Transportation Alliance.
2. Establish a relationship with other regions of the Commonwealth to better
understand their transportation needs and encourage collaboration on transportation
issues where feasible.
3. Assist, support and participate in the work of the two state legislative committees and
one commission - Joint Sub-Committee to Study Funding of Unfunded
Transportation Needs in Hampton Roads, Route 460 Communications Committee
and the Hampton Roads Third Crossing Study Commission.
4. Keep current the five-point position that serves as the basis of our transportation
strategy.
5. Expand membership in the Transportation Advocacy Group, enhance
communication among members of the group, their members and the legislators.
6 Develop a regional transportation communications strategy designed to build support
and momentum for the MPO package from the initial public awareness effort up to a
high profile region-wide referendum.
7 Provide funding for advocacy efforts.
Goal: Connect Hampton Roads to the northeast and southeast corridors of the High
Speed Rail Development on the east coast.
II.
Objectives:
1 Obtain connecbon from Newport News to RIchmond
2. Obtain connection from Norfolk to Richmond.
Strategy:
1. Monitor and support work of the lead advocacy organizations, Virginia High Speed
Rail Development Committee and Southeastern Economic Alliance.
Technnl_nn, y-R_~!at~d ;:connmi¢ ~ve!opment
Goal: Champion Hampton Roads' development into a major technology center.
Objectives:
1. Assist the development of physical infrastructure necessary to nurture technology
companies, especially the deployment of broadband telecommunications
infrastructure.
2. Create a culture supportive of technology entrepreneurs by developing a network - or
chain -of incubators throughout Hampton Roads.
3 Develop and maintain a competitive business climate by strengthening the region's
high technology business development services.
4. Build world-class research capabilities by encouraging a more comprehensive and
uniform means for the region's colleges and universities to cooperate with each other
as well as the regional community, particularly industry.
5 Increase regional technology commercialization capabilities.
6 Recruit private sector leadership to champion technology based economic
development, particularly to state and federal decision-makers.
Strategies:
1 Organize a team of business, univers;ty/lab, military, and government leaders to
develop a plan for developing a high-speed telecommunications backbone, or "grid",
among various academic, federal, military and commercial organizations in Hampton
Roads Provide funding to organize the effort.
2. Provide funding to support the capabilities for regional technology business
incubation within the HRTI.
3. Provide funding to support the Hampton Roads Technology Council.
III.
,
Provide leadership, guidance and funding to support Smart Region Hampton Roads'
creation of a regional, virtual one-stop center for high technology business
development services.
5. Provide leadership, staff support and funding for the Hampton Roads Research
Partnership.
6 Provide funding to support a technology commercialization capability within the
context of the Hampton Roads Research Partnership.
7. Support Hampton Roads Partnership Directors interested in taking a leadership
position in technology based economic development.
o
Complete the position paper, Technoloqy Based Economic Development In The
Commonwealth and Hampton Roads, and develop a strategy for broad distribution
and discussion.
Port of Hampton Roads
Goal: Enhance the Port of Hampton Roads' competitiveness.
Objectives:
1. Increase depth of the channel to accommodate mega-size vessels.
.
Support the development and implementation of an action plan for a fourth marine
terminal on the proposed eastward expansion of the Craney Island Dredge Matedal
Management Facility.
.
Aggressively advocate the construction of the third crossing connecting the north and
southside communities of the Hampton Roads region with the proposed fourth
marine terminal at Craney Island.
4. Serve as an advocate for the successful implementation of the Virginia Intermodai
Partnership Project.
Strategies:
1. Provide funding to the Hampton Roads Madtime Association for the Port
Ombudsman.
2. Monitor the progress of the Virginia Intermodal Partnership Project, serving in an
advocacy role when necessary.
.
Host a forum for individuals representing port-related interests to receive periodic
briefings on the status of actionable items contained in this report as well as future
port issues requiring assistance or advocacy.
IV.
Goal: Enhance Maritime Economic Development
Objective:
1 Promote port-related customer expansion and re-location of corporate headquarters
to Hampton Roads.
Strategy:
1. Provide funding for targeted visits made by local and/or regional economic
development officials with current and prospective port customers.
Goal: Communicate the needs of Urban Core Cities
Objective:
1. Provide assistance and support to cities in the region in their effort to offset negative
impacts associated with a declining tax base.
Strategy:
1 Continue to advocate the need to address the problem of declining revenues that
urban cities throughout the Commonwealth are facing due to the negative impact of
government-owned and tax exempt properties.
Wnrkforce l~ev~ln_ pm~nt
Goal: Foster the development of a regional workforce development system in
Hampton Roads.
Objective:
1. Develop a cohesive, systematic, employer-driven approach to workforce
development.
Strategy:
1 Provide funding for the joint initiatives pursued by the two independent workforce
development organizations with the ultimate goal of encouraging a single workforce
development effort for the region.
Goal: Support development of Hampton Roads' "emerging workforce."
Objective:
1 Support the "emerging workforce" through a three pronged approach:
· Help children to be born healthy and enter school ready to learn.
· Give disadvantaged children an opportunity to obtain the computer skills
necessary to compete in the world.
· Give high school students an opportunity to obtain a marketable technical skill
through certified training.
Strategies:
1. Provide funding to support the Square One Healthy Communities Project.
2. Provide funding to support the Hampton Roads Community Learning Center
Network.
3. Provide funding to develop and execute a pilot program for technical skills training at
the high school level.
Regionalism and Regional Cooperation
Goal: Act like one region.
Objectives:
1. Define regionalism, what "acting like one region" means and why is it important.
2. Improve cooperation in order to enhance regional competitiveness and operational
efficiencies and effectiveness.
3. Increase public knowledge and awareness of the benefits of acting like one region.
4. Identify projects that would facilitate progress being made in the goals and objectives
contained in this plan (MAPS Initiative).
5. Attain ability to address revenue requirements on a regional basis for the specific
projects.
6. Successful referendum.
Strategies:
1. Prepare a "position paper" on "acting as one region" and obtain acceptance and
approval from the Partnership's Executive Committee and Board of Directors.
Include in the position paper a portion which "benchmarks" our region.
2. Develop a regional strategy designed to communicate the importance of ~acting as
one region," and encourage discussions among decision-makers.
3. Convene a committee of senior staff members representing each locality of the
region to assist in identifying existing cooperative efforts and potential future areas
and those projects which would facilitate progress on the strategic plan's goals and
objectives.
VI.
VII.
4. Develop a regional strategy to obtain support of the MAPS Initiative from each
locality, the state legislators and the public.
5. Provide funding for the efforts to "benchmark" our region, identify potential
cooperative efforts and for the MAPS Initiative.
6. Complete the position paper, Benefits of Preserving Open Space and develop a
strategy for broad distribution and discussion.
Pliqht of the Cities
Goal: Encourage a change in state policy as it relates to localities.
Objective:
1. Promote the need to address the mismatch of revenue capacity and service
responsibilities between the state and local governments.
Strategies:
1. Seek opportunities to address General Assembly Committees or special
commissions created relative to the State-Locality relationship.
2. Prepare special mailings to the legislators and media highlighting the mismatch.
Tourism
Goal: Encourage the development of tourism product.
Objective:
1. Support the development of events, attractions and amenities that: ·
· Reflect the region's strengths as a tourism destination.
· Reduce tourism seasonality.
· Attract significant out-of-town visitorship.
· Build name recognition for the region.
· Bring additional marketing support to the region.
Strategies:
1.
Provide technical support for a regional effort to bring a major art exhibit to Hampton
Roads. Provide seed funding and leverage in soliciting funding from other sources.
2. Provide funding to support the Virginia Arts Festival.
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VIII.
3. Provide funding to develop an annual regional festival promoting the maritime image
of Hampton Roads.
4. Provide leadership and funding for incidental meeting and marketing expenses in
attracting a Major League baseball or basketball team.
Goal: Support the Marketing of Hampton Roads as a Premier Tourism Destination
Objective:
1. Assist in building regional identity, name recognition and image as a premier tourism
destination.
Strategy:
1. Provide funding to develop and maintain a Hampton Roads regional tourism web-
site.
Military_ Partnering
Goal: Maximize local economic returns from underutilized Department of Defense real
estate.
Objective:
1. Assist Hampton Roads municipalities in developing underutilized Department of
Defense real estate which has potential for private or other public use.
Strategy:
.
Provide funding to support CP3 for the purpose of organizing the cities of
Chesapeake and Portsmouth to develop St. Juliens Creek and the surrounding
community.
REQUESTED BY MAYOR MEYERA E. OBERNDORF
A RESOLUTION AUTHORIZING THE HAMPTON
ROADS PARTNERSHIP TO CARRY OUT THE
PROVISIONS OF THE REGIONAL
COMPETITIVENESS PROGRAM (RCP) AND
APPROVING THE FUND DISTRIBUTION
METHODOLOGY PROPOSED BY THE
PARTNERSHIP
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WHEREAS, in 1996, the Virginia General Assembly adopted
the Regional Competitiveness Act (the "Act"), Chapter 26.3 of Title
15.1 (SS 15.1-1227.1 through S 15.1-1227.5) of the Code of
Virginia, 1950, as amended, to encourage counties, cities and towns
to work together for their mutual benefit and that of the
Commonwealth of Virginia;
WHEREAS, to encourage regional strategic planning and
cooperation, the Act establishes an incentive fund administered by
the Virginia Department of Housing and Community Development
(VDHCD) to be used to encourage and reward regional strategic
economic development planning and Joint activities;
WHEREAS, the Act provides a monetary incentive, totaling
Six Million Dollars ($6,000,000) in 1997, for distribution among
the State's regions for communities to undertake new levels of
regional activity to address obstacles to economic competitiveness,
by granting funds for five (5) years in accord with VDHCD standards
adopted pursuant to the RCP, with applications for the first round
incentive funds being due on July 1, 1997;
WHEREAS, incentive funds will be disbursed to eligible
regions in an amount equal to the percentage of the funds
appropriated in incentive payments for a fiscal year that
represents the region's percentage of the total population of all
eligible regions;
WHEREAS, the Hampton Roads Partnership (the 'Partnership')
is a Virginia non-profit, non-stock corporation comprised of
leading representatives from the public, business, education,
civic, and military communities whose mission is to enhance
regional cooperation and improve economic competitiveness in the
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Hampton Roads Region (the 'Region') which Region includes the Cities
of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the
Counties of Gloucester, Isle of Wight, James City, Southampton and
York;
WHEREAS, the Par~.nership has formally edopted the Hampton
Roads Region's Plan 2007 (the 'Plan') as its strategic plan and as
such has a clear strategic road map for improving the economic
competitiveness of the Hampton Roads Region;
WHEREAS, a copy of the Plan 2007 Vision and Goal
Statement is attached hereto as Exhibit A to be read as a pert
hereof;
WHEREAS, the Partnership, in close cooperation with the
Hampton Roads Planning District Commission, will take
respons~ibility for submitting the Hampton Roads Region's application
for incentive funding under the RCP and for seeing that the Plan's
Joint activities are enacted;
WHEREAS, in recognition of the Pertnership's role in
imp lement ing the Plan's J oint activities, the Partnership's
Executive Committee has formally requested that the Hampton Roads
Mayors and Chairs Caucus support the distribution of all 1997 RCP
funds received by the Region directly to the Partnership
('distribution methodology');
WHEREAS, prior to completing the application process, the
RCP guidelines require that each municipality designate by
resolution approval of the Region's RCP incentive funds distribution
methodology; and
WHEREAS, the Council of Virginia Beach, Virginia, has
reviewed the RCP and supports the Partnership's efforts to carry out
the provisions of the RCP and apply for monetary incentives on its
behalf.
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NOWt THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
That, on behalf of the City of Virginia Beach, Virginia,
City Council hereby:
1. Recognizes the Hampton Roads Region as a region
contemplated by the Act, and declares itself to be a member of, and
a par~icipant in, the Hampton Roads Region;
2. Supports ths Partnershi~s efforts to carry out the
provisions of the RCP and apply for monetary incentives on its
behalf; and
3. Approves ths RCP fund distribution methodology, and
authorizes the Partnership to receive, on its behalf, all 1997
incentive funding.
, Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13th day of May ....... , 1997.
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C~-6639
ORDIN\NONCODE \RCP. RES
R-1
PREPARED: 5 / 7 / 97
CERTIFIED TO BE A TRUE COPY OF A
RESOLUTION ADOPTED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, ON ~4A¥ 13. 1997
Smith, CMC/AAE
Ci~yClerk
- 20-
Item V-I. 1.
RES OL UTIONS/ORDINANCES
ITEM # 49289
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to APPROPRIATE $883,536 tn anttctpated revenue from the
Federal Emergency Management Agency to the Fire Department's FY
2001-2002 operattng budget re supporttng FEMA Urban Search and
Rescue Team, Vtrgmta Task Force Number 2 at the 2002 Olympics tn Salt
Lake Ctty, Utah
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
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AN ORDINANCE TO APPROPRIATE $883,536 IN
ANTICIPATED REVENUE FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY
2001-02 OPERATING BUDGET TO SUPPORT THE
OPERATIONS OF THE FEMA URBAN SEARCH AND RESCUE
TEAM, VIRGINIA TASK FORCE N0.2 AT THE OLYMPICS
IN SALT LAKE CITY
WHEREAS, the Federal Emergency Management Agency ("FEMA")
Urban Search and Rescue Team, Virginia Task Force No. 2, comprised
of personnel from the City of Virginia Beach and other Hampton
Roads localities, has been activated for deployment to the 2002
Winter Olympic Games in Salt Lake City, Utah, from February 11-18,
2002; and
WHEREAS, under federal law and the agreement between FEMA and
the City, costs incurred to the City associated with the deployment
of the team are fully reimbursable from FEMA.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $883,536 mn ant~cmpated reimbursement revenue from the
Federal Emergency Management Agency ms hereby appropriated to the
Fire Department's FY 2001-02 Operating Budget to fund personnel
costs, equipment, and supplies used in the deployment of the FEMA
Urban Search and Rescue Team to the Winter Olympics, wmth estimated
revenue from the federal government increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of February , 2002,
CA-8385
Noncode~fema-olympics.ord.wpd
February 4, 2002
Ri
APPROVED AS TO CONTENT:
Managem/nt S~rvl ces
APPROVED AS TO LEGAL
SUFFICIENCY:
City AttorneyJ~fi 1c~/
City of Virginia Beach
DEPARTMENT OF FIRE
(757) 427 4228
FAX (757) 426-5676
MUNICIPAL CENTER
BUILDING #21
VIRGINIA BEACH, VIRGINIA 23456 9065
February 1, 2002
Mr. James K. Spore
City Manager
Dear Mr Spore:
The department is proud to inform you the FEMA Urban Search and Rescue Team,
Virginia Task Force 2, has been chosen to support national security efforts surrounding the
upcoming 2002 Olympic Winter Games in Salt Lake City, Utah. Our team is one of six that
will rotate into a pre-positioning status over a three week period. This pre-positioning is the
same approach taken for the 1998 Olympic Summer Games in Atlanta, Georgia.
Normally, as the lead agency we would begin the Council Agenda process to initiate
and formalize the legal and fiscal procedures to facilitate the deployment. However, we have
yet to receive "official" Activation Orders from FEMA. We have initiated the Agenda Request
process anticipating these orders will arrive shortly. The Agenda item is not slated to go to
Council until February 12 at the earliest. The Team is scheduled to deploy on February 11.
Management Services has recommended we advise both you and Council at this time to insure
there is appropriate awareness of the Team's activities.
To summarize the events that will take place regarding this deployment:
VA-TF2 is scheduled to deploy February 11, 2002 and return on February 18,
2002. The team will be made up of 70 members, including a special
WMD/Haz-mat component.
Five senior team members will be deployed over the three week period as
members of the Incident Support Team, a command and oversight group.
Ali expenses ~ncurred by the Team and by participating localmes to facd~tate
th~s deployment wdl be reimbursed by FEMA. Reimbursements ~ncludes all
personnel costs associated with "backfilling" deployed members to insure local
emergency service staffing reqmrements are maintained.
The Public Information Office will assist in any associated press releases
pertaining to the deployment.
All agencies involved with Task Force 2 appreciate the support our Counml has shown
since the Team's inception and we look forward to serving the community ~n whatever way we
are called upon to provide the highest level of public safety protection.
If you or Council have any quesnons regarding this deployment in the next few weeks,
please do not hesitate to contact me.
In serv~i~e to our comlnunity,
Fi~/Chidf
Item V-I.2.
- 21 -
RES OL UTIONS/ORDINANCES
ITEM # 49290
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to APPROPRIATE $4 78, 692 from the Tourtsm Adverttstng
program's spectal revenue fund to the FY 2001-2002 operattng budget of
Conventton and Vtsttor Development re expanding the City's tourtsm,
adverttstng andpromottonal campatgns, and, estabhsh revenues to ensure
quahty programs tn the event of a natural dtsaster or sertous economtc
condttton
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wzlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
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AN ORDINANCE TO APPROPRIATE $478,692
FROM FUND BALANCE IN THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE
FUND TO THE FY 2001-02 OPERATING
BUDGET OF THE DEPARTMENT OF
CONVENTION AND VISITOR DEVELOPMENT
TO EXPAND THE CITY' S TOURISM
ADVERTISING PROGRAM AND TO PROVIDE
IMMEDIATE ACCESS TO FUNDS IN CASE OF
EMERGENCIES
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WHEREAS, there are sufficient funds within the fund
balance of the Tourism Advertising Program Special Revenue Fund to
provide $478,692 for the purpose of expanding the tourism
advertising program and providing reserve funds for advertising
purposes in case of emergencies.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $478,692 is hereby appropriated from the fund
balance in the Tourism Advertising Program Special Revenue Fund to
the FY 2001-02 Operating Budget of the Department of Convention and
Tourism for the purpose of expanding the City's tourism advertising
efforts and providing reserve funds for advertising purposes in
cases of emergencies.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~ day of F-~uary , 2002.
Requxres an affirmative vote by a ma3orxty of the members
of City Council
CA-8375
January 31, 2002
Noncode/Tourism Advertising. Ord
R2
APPROVED AS TO CONTENT'
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
CLf'ty Attorney'~ Of fi
Item V-I.$.
- 22 -
RESOL UTIONS/ORDINANCES
ITEM # 49291
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the
Vtrgmta Envtronmental Quahty to the FY 2001-2002 operating budget of
Museums and Cultural Arts re maintaining a statewtde stranding network
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham
D Sessoms, Jr and Rosemary Wilson
Councd Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
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AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$31,000 GRANT FROM THE VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY TO
THE FY 2001-2002 OPERATING BUDGET OF THE
DEPARTMENT OF MUSEUMS AND CULTURAL ARTS
TO MAINTAIN A STATEWIDE STRANDING NETWORK
WHEREAS, the City of Virginia Beach has been awarded a
$31,000 grant from the Virginia Department of Environmental
Quality; and
WHEREAS, while an in-kind match is required, no City cash
is needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That a $31,000 grant is hereby accepted and appropriated to
the FY 2001-2002 Operating Budget of the Department of Museums and
Cultural Arts to maintain a statewide stranding network, with
estimated revenue from the Commonwealth increased accordingly.
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Accepted by the Council of the City of Virginia Beach,
Virginia on the 12th day of Februar¥2002.
CA-8382
Noncode~Stranding Network. Ord
February 1, 2002
R2
Approved as to Content:
Approved as to Legal
Sufficiency:
C~.t~y-Att~rn~s Offlce~F
- 23 -
Item V=d./K.
ITEM # 49292
NON-A CTION
1. B JR ENTERPRISES, L.L.C.
NONCONFORMING USE
PLANNING
1. HARBO UR DE VEL OPMENT CORPORA TION, L.L. C
MODIFICATION OF CONDITIONS
(Approved 10/10/2000)
STREET CLOSURE
2. R& T,L.L.C.
MODIFICATION OF PROFFERS
CONDITIONAL ZONING
(Approved 1/9/2001)
3. H.B. & SANDRA BROOKS
NONCONFORMING USE
4. SHADOW ISLAND ASSOCIATES, L.LC.
VARIANCE
5. BIL-MAR CONST. LTD.
CONDITIONAL USE PERMIT
6. LONG TERM CARE ASSOCIATES, INC.
CONDITIONAL USE PERMIT
7. NEXTEL COMMUNICATIONS
CONDITIONAL USE PERMIT
8. VOICE STREAM WIRELESS
CONDITIONAL USE PERMITS
9. OCEAN BAY VENTURES, L.L. C.
CONDITIONAL CHANGE OF ZONING
February 12, 2002
Item V-J/K.
- 24 -
PLANNING
ITEM # 49293
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE
MOTION Items 1, 2, 3, 4, 6, 7 (DEFER), 8 and 9.
Item 7 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of February 26, 2002
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlliam D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Mayor Oberndorf and Counctl Members Parker and McClanan voted a VERBAL NAY on Item K 2 R & T,
££C)
Councd Members Henley and McClanan voted a VERBAL NAY on Item K 9 (Ocean Bay Ventures, L L C)
February 12, 2002
- 25 -
Item V-J. 1.
PLANNING
ITEM # 49294
NO ACTION NECESSARY DUE TO MODIFIED USE IN THE PROPOSAL
Apphcatton of B JR ENTERPRISES, L L C for a conversion of a
nonconforming use at 1636 Industrtal Park Road, contatmng 1 11 acres'
(DISTRICT 5 - L YNNHA VEN)
February 12, 2002
Item V-K. 1.
- 26-
PLANNING
ITEM # 49293
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl
MODIFIED/REVISED CONDITION#I, attached to approval on October 1 O, 2000, of an Ordtnance upon
Apphcatton of HARBOUR DEVELOPMENT CORPORATION, L.L.C. for the closure of Wartng Street,
on the west stde of Avalon Avenue
Or&nance upon Apphcatton ofHarbour Development Corporatton, L L C,
for a modtficatton of condtttons placed on the apphcatton for a street
closure for Wartng Street, granted by Ctty Council on October 10, 2000
Property ts located on the west stde of Avalon Avenue, runmng westerly a
&stance of 589 feet DISTRICT 1 - CENTER VILLE
The followtng conchttons shall be requtred
The Ctty Attorney's office wtll make the final determtnatton
regardtng ownershtp of the underlymgfee The purchase prtce to
be pard to the City shall be determined accor&ng th the "Pohcy
Regardtng Purchase of Ctty 's Interest tn Streets Pursuant to Street
Closures ", approved by Ctty Counctl and provtded further that
tf the Ctty recetves de&cated pubhc rtght-of-way equal to or
greater tn area to that betng closed, no payment or constderatton
for the area betng closed shall be requtred
The apphcant ts requtred to resubdtvtde the property and vacate
tntertor lot hnes for Lots 18-23 and Lots 25-30 to tncorporate the
closed area tnto the adjotntngparcels Theplat must be submttted
and approved for recordatton prtor to final street closure
approval The resubdtvtston plat shall provtde a pubhc rtght-of-
way connectton to the property tmmedtately adjacent to the
western boundary of the resubdtvtded property, or alternattvely,
the resubdtvtston plat shall be approved and stgned by the
owner(s) of the property tmmedtately adjacent to the western
boundary of the resubdtvtded property, for the sole purpose of
evtdenctng consent to the closure of that portton of Warmg Street
closed by thts Ordtnance
The apphcant ts requtred to vertfy that no prtvate utthttes extst
wtthtn the rtght -of-way proposed for closure If prtvate utthttes
do extst, easements sattsfactory to the utthty company must be
provtded
A 30-foot pubhc utthty easement must be dechcated to the Ctty
over the extsttng 6-tnch water hne tn the Wartng Street rtght-of-
way Thts easement must be shown on the resubdtvtston plat
Closure ot the rtght-of-way shall be conttngent upon comphance
wtth the above condtttons wtthtn 365 days of approval by Ctty
Counctl If all condtttons noted above are not accomphshed and
a final plat ts not approved wtthtn 365 days of City Counctl 's vote
to close the roadway, thts approval wtll be constdered null and
void
February 12, 2002
Item V-K.I.
-27-
PLANNING
ITEM # 49293 (Continued)
Voting 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D. Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS WARING STREET AS SHOWN ON
THAT CERTAIN PLAT ENTITLED: "STREET CLOSURE
OF WARING STREET (M.B. 36, P.1) AVALON
TERRACE, SUBDIVISION OF TRACT NO.2 AND SOUTH
PORTION-TRACT 3 VIRGINIA BEACH, VIRGINIA FOR
HELEN M. FISK, TRUSTEE, COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A.
WHEREAS, on October 10, 2000, Helen M. Fisk and Ira L. Fisk, Co-Trustees,
applied to the Council of the City of Virginia Beach, Virginia, to have the hereinabove described
street discontinued, closed, and vacated;
WHEREAS, it was the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions being met on or before October 9, 2001;
WHEREAS, all conditions were met and the street closure ordinance tOrdinance
number ORD-2614A) was recorded October 9, 2001 and by Corrected Ordinance recorded
November 1, 2001;
WHEREAS, Section 2, Paragraph 1 of the ordinance provided as follows:
"1. The City Attorney's Office will make the final
determination regarding ownership of the underlying
fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding
Purchase of City's Interest in Street Pursuant to Street
Closures," approved by City Council. Copies of said
policy are available in the Planning Department."
WHEREAS, pursuant to Section 2, Paragraph 1 of the Ordinance, $12.800.00 was
the purchase price determined to be paid to the City which said amount has been depos;_ted with the
City by Harbour Development Corporation, L.L.C., the successor in interest to Helen M. Fisk and
Ira L. Fisk Co-Trustees ("Harbour").
WHEREAS, Harbour has, subsequent to the vacation of the old Waring Street,
subdivided the property, which subdivision has been approved, and dedicated thereon a new Waring
Street, the new Waring Street being greater in square footage than the old Waring Street and has
requested that no payment be required for payment of the old Waring Street;
Paragraph # I.
WHEREAS, Harbour on December 5,2001 applied for a modification of Section 2,
WHEREAS, said request appears to be reasonable and is recommended for approval.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinabove Ordinance be modified to change Section 2, Paragraph # 1 as
follows:
"1. The City Attorney's office will make the final
determination regarding ownership of the underlying
fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to
Street Closures", approved by City Council and
provided further that if the City receives dedicated
public right-of-way equal to or greater in area to that
being closed, no payment or consideration for the area
being closed shall be required."
Conditions #2-5 of the street closure of Waring Street approved by City Council on October
10, 2000 remain in effect.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 2 day
of February , 2002.
APPROVED AS TO CONTENT
Planning Department
APPROVED AS TO LEGAL Sr~.F4CIENCY
Clty-,~ttorney
CA-8351
January 25, 2002
C \warlng street ord wpd
Item V-K.2.
- 28-
PLANNING
ITEM # 49294
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl MODIFIED (new
proffers hmtt use) the Apphcatton of R& T, L.L.C. fora Change o_fZoning District Classification from AG-1
and A G-2 Agricultural District to Conditional I-1 Light Industrial District (approved on January 9, 2001)
Ordtnance upon apphcatton of R&T, LLC, a Vtrgtnta Ltmtted Ltabthty
Company for a Modtficatton of Proffers for a Change of Zonmg Dtstrtct
Classtficatton from A G- 1 and A G-2 Agrtcultural Dtstrtct to Con&ttonal I- 1
Ltght Industrtal Dtstrtct on January 9, 2001 Property ts located at 2972
Holland Road DISTRICT 7 - PRINCESS ANNE
The followtng conchtton shall be required
1 An Agreement encompasstng the modified proffers shall be
recorded wtth the Clerk of Ctrcutt Court
Vottng 8-3 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker
Counctl Members Absent
None
February 12, 2002
Item V-K. 3.
- 29-
PLANNING
ITEM # 49295
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED a
Resolutton upon apphcatton for H. B. & SANDRA BROOKS to alter a nonconforming use addtng a new
porch wtth a roof and relocate the dwelhng entrance
Apphcatton for H B & Sandra Brooks for an alteratton to a
nonconformtng use on the south stde of fi4th Street, east of Atlanttc Avenue
Property ts located at 114 54th Street and contatns 6,625 square feet
DISTRICT 5 - L YNNHA VEN
The fotlowmg conditions shall be requtred
The porch addttton and relocatton of the front entrance shall be
tn substanttal accordance wtth the submttted stte plan tttled
"RENOVATIONS + ADDITIONS to 114 54'h STREET, VIRGINIA
BEACH", prepared by Folck, West & Savage Archttects, dated
01/07/02 Satd plan ts on file tn the Ctty of Vtrgmta Beach
Planntng Department
The porch addttton and relocatton of the front entrance shall be
tn substanttal accordance wtth the submitted elevation plans,
Sheets 2&3, tttled "RENOVATIONS + ADDITIONS TO 114 54'~
STREET, VIRGINIA BEA CH", prepared by Folck, West & Savage
Archttects, dated 01/07/02 Satd plan ts on file tn the Ctty of
Vtrgtnta Beach Planntng Department
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING SINGLE-FAMILY DWELLING ON
PROPERTY LOCATED AT 114 54th STREET, IN THE DISTRICT
OF LYNNHAVEN
WHEREAS, H. B. and Sandra Brooks (hereinafter the "Apphcants") have made
6 application to the City Council for authorization to enlarge and alter a nonconforming single-family
7 dwelling situated on a certain lot or parcel of land having the address of 114 54t~ Street, ~n the R-5R
8 Residential Resort District; and
WHEREAS, the said single-family dwelling is a nonconforming use, in that there is
single-family dwelling and a garage apartment on the same lot; and
13.
WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement
12 and alteration of a nonconforming structure is unlawful in the absence of a resolution of the City
Council authorizing such action upon a finding that the proposed structure, as enlarged and altered,
14 will be equally appropriate or more appropriate to the zomng &strict than ~s the ex~st~ng structure,
15
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
17
That the City Council hereby finds that the proposed structure, as enlarged and
altered, will be equally appropriate to the district as is the ex~sting structure.
19
BE 1T FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA:
21
That the proposed enlargement and alteration of the Apphcants' single-family
2 2 dwelling is hereby authorized, upon the following conditions:
23
1. The porch addition and relocation of the front entrance shall be ~n substantial
24
25
accordance with the submitted site plan t~tled "RENOVATIONS +
ADDITIONS TO 114 54TM STREET, VIRGINIA BEACH", prepared by
26
Folck, West & Savage Architects, dated 01/07/02. Said plan is on file in the
27
City of Virginia Beach Planning Department.
28
2. The porch addition and relocation of the front entrance shall be in substantial
29
3O
accordance with the submitted elevation plans, Sheets 2 & 3, t~tled
'~,_ENOVATIONS + ADDITIONS TO 114 54TM STREET, VIRGINIA
31
BEACH", prepared by Folck, West & Savage Architects, dated 01/07/02.
3 2 Said plans are on file in the City of Virginia Beach Planning Department.
33
34
w~bruary
Adopted bythe Council of the City of Virginia Beach, Virginia, on the 1 2th day of
,2002.
35
36
37
38
39
40
41
CA-8386
brooksnoncon.wpd
R-1
February 4, 2002
APPROVED AS TO CONTENT:
42
43
44
45
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law ~
Item V-K. 4.
- 30-
PLANNING
ITEM # 49296
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED
apphcatton of SHADOW ISLAND ASSOCIATES, L.L.C. for a Variance to 3~4 4b of the Subchvtston
Ordtnance re mtntmum lot width at 605 Arctic Avenue
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements
of the Subdtvtston Ordtnance, Subdtvtston for Shadow Island Assoctates,
LLC Property ts located at 605 Arcttc Avenue (GPIN #2427-23-0116)
DISTRICT 6- BEACH
The followtng con&ttons shall be requtred
The architectural destgn of the houses constructed on the four lots
shall be subject to approval by the Planntng Dtrector, or hts
destgnee, prtor to the issuance of butlding permtts
o
The two extsttng mature oak trees on the property shall be
preserved Tree protection for these trees shall be provtded
durtng constructton
3 The extsttng dwelltng on the stte shall be removed
Vottng 11-0 (By ConsenO
Counctl Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir,
Barbara M Henley, Louts R ,Iones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, ,Ir and Rosemary Wilson
Council Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
Item V-K.$.
-31 -
PLANNING ITEM # 49297
The followtng spoke tn SUPPORT:
Attorney Edward Bourdon, Pembroke One 5th Floor, Phone 499-8971,
represented the apphcant (Wtlham and Scott Page), owners of the property
Restdents of Town homes bordertng the property
Kathleen McBlatr, 2608 Totem Tratl, Phone 373-1163
John Ramsey, 2604 Totem Trad, Phone 463-9398
Sandra Valenttne, 2614 Totem Tratl, Phone 498-8243
Dtanne Mtlner, 2606 Totem Tratl, Phone 431-1578, Presented a letter of support from H L Marks of the
Oconee Apartments
Tom Thompson, 2618 Totem Tratl, Phone 431-8977
Brad Wattzer, 808 Ortole Drtve, manager of approxtmately 280 untts of senior houstng
The followmg spoke tn OPPOSITION:
Hal Levenson , 2404 Breckell Court, Phone 496-0745, advtsed the Navy opposed thts apphcatton as tt ts
sttuated tn the AICUZ area of65-70Db norse zone
John Shtck, represented Ctttzens Concerned About Jet Norse (CCAJN), 912 Duke of Suffolk, Phone 496-414 7
Ktm Johnson, Member of CCAJN, 4412 Reynolds Drtve, Phone 363-3660
Hank Callow, 2610 Totem Tratl, Phone 498-9424, regtstered, but not tn SUPPORT or OPPOSITION
Mr Callow cauttoned thts was the last prtsttne ptece of property close to the Lesner Brtdge A home for the
elderly ts commendable Mr Page has assured htm that an outfall wtll not be located behmd hts house
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Counctl DENIED the
Ordtnance upon apphcatton of BIL-MAR CONST. LTD for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF BIL-MAR CONST LTD FOR A
CONDITIONAL USE PERMIT FOR SENIOR AND DISABLED PERSONS
Or&nance upon Apphcatton of Bd-Mar Const LTD for a Condtttonal Use
Permtt for houstng for sentor and dtsabled persons on certam property
located at the northwest extremtty of Oconee Avenue (GPIN #1497-76-
3201) Satd parcel contatns 5 25 acres DISTRICT 6 - BEACH
Vottng 8-3
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf and Nancy K Parker
Counctl Members Vottng Nay
Wtlham W Harrtson, Jr, V~ce Mayor Wdham D Sessoms, Jr
and Rosemary Wdson
Counctl Members Absent
None
February 12, 2002
- 32-
Item V-K. 6.
PLANNING
ITEM # 49298
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl ADOPTED an
Ordtnance upon apphcatton of LONG TERM CARE ASSOCIATES, INC., for a Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF LONG TERM CARE
ASSOCIATES, INC , FOR A CONDITIONAL USE PERMITFOR HOUSING
FOR SENIORS AND DISABLED PERSONS S R02023106
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Long Term Care Associates, Inc., for a
Condtttonal Use Permtt for houstngfor sentors and dtsabled persons at the
northern extremtty of Old Donatton Parkway begtnning at a potnt 460feet
more or less east of Camelot Drtve (GPIN #2408- 75-3391, #2408- 75-2010)
Satd parcel ts located at 1604 Old Donatton Parkway and contatns 2 044
acres DISTRICT 5 - L YNNHA VEN
The followtng condittons shall be requtred
The stte shall be developed tn substantial accordance wtth the
submttted stteplan entttled "Schemattc Site Plan"for Wtndermere
Expanston, Vtrgtnta Beach, Vtrgtnta, dated November 13, 2001
by Paul Ftnch& Associates, P C on file wtth the Planning
Department
The proposedproject shall substanttally adhere to the submttted
rendertngs deptcting the north, east and south elevattons entttled
"Schemattc Elevations"for Wtndermere Expanston, undated, by
Paul Ftnch& Assoctates on file wtth the Planntng Department
Color and extertor butldtng matertals for the expanston will match
the extsttng butldtng
The proposed project shah substanttally adhere to the submttted
landscape plan entttled "Schemattc Landscape Plan" for
Wtndermere Expanston, undated, by Paul Fmch &Assoctates, P
C onfile wtth the Planning Department
The apphcant and the Ctty's Ftre Marshall shall meet to revtew
the butldmg and stte plans and shall agree to fire safety measures
for the facthty that are sattsfactory to and enforceable by the Ftre
Marshall
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (1) of the Zontng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twelfth of Februa~_ , Two Thousand
Two
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W. Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Robert C
Man&go, Jr., Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr. and Rosemary Wilson
Counctl Members Voting Nay.
None
Council Members Absent'
None
February 12, 2002
Item V-K. 7.
- 33 -
PLANNING
ITEM # 49299
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl DEFERRED TO
FEBRUARY 26, 2002, Ordtnance upon apphcatton of NEXTEL COMMUNICA TlONS for a Conchttonal
Use Permit for a wireless communtcattons antenna
ORDINANCE UPON APPLICATION OF NEXTEL COMMUNICATIONS
FOR A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS ANTENNA
Ordinance upon Apphcatton of Nextel Communtcattons for a Conchtional
Use Permtt for a wtreless communtcattons antenna on certatn property
located on property of Domtnton Vtrgtnla Power Substatton on the north
stde of Ansol Lane, west of Landmark Square (GPIN #1497-23-5863) Satd
parcel contatns 994 square feet. DISTRICT 3 - ROSE HALL
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C.
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
Item V-K.&
- 34-
PLANNING
ITEM # 49300
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordinances
upon apphcatton of VOICE STREAM WIRELESS for a Condtttonal Use Permtts for communication
towers
ORDINANCE UPONAPPLICA TION OF VOICE STREAM WIRELESS FOR
A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
R02023107
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Votce Stream Wtreless for a Conchttonal Use
Permtt for a communtcatton tower on the south stde of Baystde Road, west
of Baker Road (GPIN #1469-05-4101) Satd parcel ts located at 5740
Baystde Road and contatns 4 842 acres DISTRICT 4 - BA YSIDE
The followtng con&ttons shall be requtred
The monopole communtcattons tower shall be constructed as
deptcted on the submttted stte plan entttled "Votce Stream
Wtreless Thurston Road /Domtnton Tower #1, 5740 Baystde
Road, Vtrgtnta Beach, VA 23455, "prepared by Atlantts Group,
Inc, dated October 19, 2001
2 The tower and antennas shall not exceed 130feet tn height
Landscaptng shall be tnstalled as deptcted on page L-1 of the
Landscape Plan entitled "Votce Stream Wireless Thurston Road
/Domtmon Tower #1, 5740 Baystde Road, Vtrgtnta Beach, VA
23455, "prepared by Atlantts Group, Inc , dated October 19, 2001
The commumcatton tower shall be developed tn standard gray
color In the event that the Federal Avtatton Admtntstratton
(FAA) or other hcenstng enttty, requtres that the tower be
patnted, the hetght of the tower shall be reduced to a level that
wtll not requtre tt to be patnted
Unless a watver ts obtatned from the Ctty of Vtrgmta Beach
Department of Communtcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study (RF Study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Virginia, showmg that the tntended user(s) wtll
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
commumcattons facthttes, shall be provtded prtor to stte plan
approval for the tower and all subsequent users
In the event tnterference wtth any City emergency commumcattons
facthttes artses from the users of thts tower, the user(s) shall take
all measures reasonably necessary to correct and ehmtnate the
tnterference If the tnterference cannot be ehmtnated wtthtn a
reasonable time, the user shall tmme&ately cease operatton to the
extent necessary to stop the tnterference
7 In the event that the tower ts not tn use for a pertod of one year,
the owner shall remove the tower from the stte
AND,
February 12, 2002
Item V-K.&
- 35 -
PLANNING
ITEM # 49300 (Continued)
ORDINANCE UPONAPPLICA TION OF VOICE STREAM WIRELESS FOR
A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
R02023108
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton by Votce Stream Wtreless for a Condtttonal
Use Permtt for a communtcatton tower on the west stde of North Wttchduck
Road, north ofi-264 and contatns 1 8 acres (GPIN #1467-74-6222)
DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be requtred
The tower shall be constructed tn accordance with the site plan
exhtbtted to Ctty Counctl titled "Wttchduck Raw Land VA 10341
E" prepared by Mtller Stephenson Assoctates, P C and dated
November 8, 2001 The tower hetght ts 135 feet above ground
level The tower shall be a monopole structure
The future equtpment shelters shown on the stte plan shall be
requtred to obtatn a vartance from the Board of Zomng Appeals
to the setback requtrement from Interstate 264 Ifa vartance ts
not granted, the future equipment shelters shall be relocated to
meet the requtred setback at the ttme of constructton
3 Landscaptng tn accordance wtth or&nance requtrements shall be
tnstalled and mamtatned by Votce Stream
4 The tower shall be destgned to accommodate addtttonal users
Unless a watver ts obtamed from the Ctty of Vtrgtma Beach
Department of Commumcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study, (RF Study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgtnta, showtng that the intended user(s) will
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcattons facthttes, shall be provided prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
In the event tnterference wtth any City emergency communtcattons
facthttes artses from the users of thts tower, the user(s) shall take
all measures reasonably necessary to correct and ehmtnate the
tnterference If the mterference cannot be ehmtnated wtthtn a
reasonable ttme, the user shall tmmedtately cease operatton to the
extent necessary to stop the interference
7 In the event that the tower ts not tn use for a pertod of one year,
the owner shall remove the tower from the stte
These Or&nances shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on The Twelfth of Februa~, Two Thousand
Two
February 12, 2002
- 36-
Item V-K. 8.
PLANNING
ITEM # 49300 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr.,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandigo, Jr., Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D. Sessoms, Jr and Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent
None
February I2, 2002
Item V-K. 9
-37-
PLANNING
ITEM # 49301
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Or&nance
upon apphcatton of OCEAN BAY VENTURES, L.L.C. for a Condtttonal Change o_f Zomng Dtstrtct
Classtficatton
ORDINANCE UPONAPPLICA TION OF OCEAN BA Y VENTURES, L L C,
A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM I-! AND R-5D TO
CONDITIONAL A-24 Z02021217
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordtnance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta
hmtted habthty company, for a Change of Zomng Dtstrtct Classtficatton
from I-1 Ltght Industrtal Dtstrtct and R-SD Restdenttal Duplex Dtstrtct to
Condtttonal A-24 Apartment Dtstrtct on certatn property located at the
northwest corner of the Norfolk & Southern Ratlroad rtght-of-way and
Cypress Avenue (GPIN #2417-94-4482) Theproposedzomng classtficatton
change to Condtttonal A-24 ss for multt-famtly land use at a denstty no
greater than 24 dwelhng untts per acre The Comprehenstve Plan
recommends use of these parcels for suburban restdenttal/medtum and htgh
denstty use Satd parcel contatns 2 89 acres more or less DISTRICT 6 -
BEACH
The followtng con&tton shall be reqmred
1 Agreement encompasstng proffers shall be recorded with the
Clerk of Court and ss hereby made a part of the record
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgmta, on The Twelfth of February, Two Thousand
Two
Votmg 9-2 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Louts
R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K
Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Barbara M Henley and Reba S McClanan
Counctl Members Absent
None
February 12, 2002
Item V-L. 1.
APPOINTMENTS
- 38-
ITEM # 49302
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED:
Donald V. Jellig
Unexpired thru - 8/31/2004
DEVELOPMENT AUTHORITY
Vottng. 11-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
February 12, 2002
Item V-L. 2.
APPOINTMENTS
- 39-
ITEM # 49303
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council REAPPOINTED:
I/an H. Cunningham
William H. Plackett
3 year term
3/01/2002 - 2/28/2005
PERSONNEL BOARD
Vottng 11-0
Counctl Members Voting Aye
Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 12, 2002
- 40-
Item V-L. 3.
APPOINTMENTS
ITEM # 49304
VIRGINIA BEA CH CRIME TASK FORCE
BY CONSENSUS, Ctty Counctl agreed to disband this Task Force and schedule a time to recognize the
members for their dedicated service
February 12, 2002
- 41 -
Item V-O. 1.
ADJOURNMENT
ITEM # 49305
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meeting ADJOURNED at 7:30 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgmta Beach
Vtrgtnta
February 12, 2002
I. Ruth Smith - F~re Grant Wnt~n~ Assistance
Page
From:
To:
Date:
Subject:
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