JUNE 24, 2003 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Bayslde - Dlstrlct 4
HARRY E DIEZ,EL, KempsvIlle - DlstTlct 2
MARGARET L EURE, Centervllle - DIstrIct I
REBA S McCLANAN, Rose Hall - D,vtrlct 3
RICHARD A MADDOX, Beach - Dlstrlct 6
JIM REEVE, Prmcess Anne - Dlstrlct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -DIStTlct 5
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
EMAIL Ctycncl@vbgov com
JAMES K SPORE, CIty Manager
LESLIE L LILLEY, CIty Attorney
RUTH HODGES SMITH, MMe, CIty Clerk
24 June 2003
I.
CITY COUNCIL'S DISCUSSION
- Conference Room -
2:00 PM
A. TALENT BANK APPLICATION-CITY COUNCIL APPOINTIVE AGENCIES
Council Lady Reba S. McClanan
CouncIl Lady Rosemary Wilson
II CITY ATTORNEY'S BRIEFING
A. CONFLICT OF INTEREST ACT
Roderick R. Ingram, Assistant City Attorney
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V.
INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3. Resolution re procedures for consIdering unsolicited requests from private entities re
qualifying projects under the Public-Private Education Facilities and Infrastructure
Act of 2002 (PPEA); and, direct the CIty'S PurchasIng Agent to cause these procedures be
avaIlable to the public and post same in the CIty'S PurchasIng office and on the web site.
4. Resolution to endorse the application for Federal TransportatIon Enhancement Funds for the
Ferry Plantation House Restoration (Phase 1)
5. Resolution to AUTHORIZE the promulgatIon of Amendment Number 7 to the
Specifications and Standards Manual of the EngIneering Division, Department of Public
Works.
K. ORDINANCES
4. OrdInances to AMEND the CIty Code:
a. 99 5-5 and 5-12 and REPEAL 9 5-11 re domestic animals.
b. 9 2-78 re background investigations of applicants for publIc employment
c. 9 7.1 re definition of a bicycle
d. 9 23-7 re interference with City officers in the performance of their dutIes; and,
ADDING 9 23-7.3 re resisting lawful arrest
e. 9921-3,21-199,21-29,21-323.1,21-323 and 21-344 to reflect reVIsions to the State
Code re motor vehicles, farm machinery, highway signs, work area speed limits,
electrical devices, reimbursement of expenses
f. 9 35-11 to reflect revisions to the State Code re admInistratIve collection of delinquent
taxes or charges
5. OrdInance to AUTHORIZE the Department of Museums and Cultural Arts to ACCEPT two
(2) bronze statues, for display at the Judicial Center, from the Council of Garden Clubs of
Virginia Beach and the VIrginia Beach Child Advocacy Network (VBCAN).
6. OrdInance to AUTHORIZE temporary encroachment into a portion of the City's property a1
Lake Rudee In Shadowlawn HeIghts by PAUL S. and DENA HIGH SAWYER to construct
and maintain a fixed pier, aluminum ramp, floating pier, boat lift and four (4) piles at
7 Caribbean Avenue.
(DISTRICT 6 - BEACH)
7. OrdInance to ACCEPT and APPROPRIATE $1,599,750 from the VIrginia Comprehensive
Services Act office to the FY 2002-03 operating budget of the Comprehensive Services Act
(CSA) specIal revenue fund re mandated special education and foster care servIces.
8. Ordinance to APPROPRIATE $145,569 in additIonal State revenue and $128,760 of fund
balance within the Sheriff's Department SpeCIal Revenue Fund in the FY 2003-04 operatIng
budget re compensation and purchase of additional equipment.
6. Ordinance to APPROPRIATE $5,450 In cIvil charges collected from the Wetlands and
Coastal Primary Sand Dune ordinance violations to the Department of Agnculture's
FY 2002-03 operating budget re environmental restoration and habitat enhancement
projects
7. Ordinance to TRANSFER $18,000 to the FY 2002-03 Municipal Council Donations account
in behalf of the Virginia Beach Public Schools Education Foundation
L. PLANNING
1. ApplIcatIon of TRACY REDBURN re exoanszon of a nonconformzng use to construct a
garage for the one story structure at 615 Twenty-Sixth Street.
DISTRICT 6 - BEACH
Recommendation
DENIAL
2. ApplIcatIon of KEMPSVILLE BUILDING MATERIALS, INC. re dzscontznuance. closure
and abandonment of a portIon of Denn Lane on the north side of Southern Boulevard, west of
Jersey Avenue, to create a consolIdated parcel of approxImately 5.5 acres.
DISTRICT 2 - KEMPSVILLE
RecommendatIon
APPROV AL
3. Application ofRACHAEL A. SPRINGER for a Condztzonal Use Permit re a residential
kennel for up to seven (7) dogs at 5544 Hatteras Road.
DISTRICT 2 - KEMPSVILLE
Recommendation
APPROV AL
4. Application ofMOSE MAST - VIRGINIA BEACH MARBLE CO. for a Condztzonal Use
Permzt re a bulk storage yard to store raw materials and finIshed marble products In Oceana
West Corporate Park at 506 Viking Drive.
DISTRICT 6 - BEACH
Recommendation
APPROV AL
5. Application of GRAND SLAM USA for a Condztzonal Use Permzt re a commercial
recreational facility to operate three (3) indoor batting cages, instructional and practice
facilities, glove repair and a retail business at 3636 VirgInIa Beach Boulevard, SUIte 107.
DISTRICT 5 - L YNNHA VEN
Recommendation
APPROV AL
6. Application ofWAL-MART REAL ESTATE BUSINESS TRUST for a Condztzonal Use
Permzt re a bulk storage for pallets, recyclable cardboard materials and seasonal sales area
at 1149 Nimmo Parkway.
DISTRICT 7 - PRINCESS ANNE
Recommendation
APPROV AL
7. ApplIcations of JOSEPH G. PIPER to subdivide the existing lot Into three (3) lots, wIth two
(2) flag lots, at 2332 Seaboard Road re:
DISTRICT 7 - PRINCESS ANNE
a. Varzance to ~ 4 4(b) of the SubdIvision OrdInance
b. Change ofZonzng Dzstrzct Classzficatzon/rom AG-2 Agricultural District to R-15
ResidentIal District
Recommendation
DENIAL
8. Application of TRITON PCS/SUNCOM for a Modzficatzon to the Green Run Land Use Plan
re a wireless communication tower on the east side of Independence Boulevard, southeast of
Nesbitt Dnve, within an eXIsting VIrginIa Power substation area.
DISTRICT 3 - ROSE HALL
Recommendation
APPRO V AL
9. Ordinance to AMEND 9 5.6 of the City's Subdivision Ordinance re the width of sidewalks.
Recommendation
APPROV AL
M. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PUBLIC LffiRARY BOARD
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
YOUTH SERVICES COUNCIL
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 June 2003
Mayor Meyera E Oberndorf announced an emergency sztuatzon has occurred and znvzted Don Clark,
Chazrman of Sentara to brzef Czty Counczl re the status of the Board's recent actIOn to elzmznate the
TRAUMA LEVEL II DESIGNATION at SENTARA VIRGINIA BEACH GENERAL HOSPITAL on
Tuesday, June 24,2003, at 2 00 P M
Counczl Members Present
Harry E Dzezel, Vzce Mayor LoUls R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt and
James L Wood
Counczl Members Absent
Margaret L Eure
[Entered 2-15 P MJ
Rzchard A Maddox
[Entered 2 30 P M J
Ron A Vzllanueva
[Entered 2 10 PM J
Rosemary Wzlson
[Entered 2 10 PM J
- 2-
MA YOR'SCOMMENTS
STATUS re SENTARA VIRGINIA BEACH GENERAL HOSPITAL
TRAUMA LEVEL III DESIGNATION
2:00 P.M.
ITEM # 51312
Mayor Oberndorfmtroduced Donald Clark, Chairman of the Sentara Board. to respond to concerns relative
the article m the Vlrgmlan-Pllot concernzng Sentara Vlrglnza Beach General Hospztal 's Trauma Center,
their Board actIOn and designatIOn bemg reducedfrom Level II to Level III effective Frzday, June 27, 2003,
at 7 00 A M
Mr. Clark advised on Friday, June 27, 2003, at 7:00 A.M. the designatIOn of Sentara Vlrgmza Beach
General Hospital Will be changed from a Level II to a Level III Trauma Center This actIOn was
unanzmously approved yesterday (Monday. June 23.2003) at the monthly meetmg of the Sentara Board of
Directors This change IS due to the mabllzty to secure the approprzate number of phYSlczans to cover trauma
cases m the Emergency Department An Ad Hoc Committee was appomted prIOr to thiS actIOn composed of
James Crocker, Chair (formerly Managmg Partner, local office of Merrzll, Lynch), John Malbon (CEO of
PAPCO), Frank Dorsey (former CEO ofHQ), Dr John Clarke (General Surgeon - Sentara Vlrglnza Beach
General), Dr Thomas Scott (Internzst - Sentara Bayslde), and, Dr Richard Clark (retired Pathologist) This
Committee met With the surgeons and the emergency department physlczans over a perIOd of several months
This Committee conferred With two natIOnally recognzzed experts m the Trauma area and the Emergency
Medical Services staff A Level II Trauma Center requzres phYSICian coverage m certam categorzes
(orthopediC, general and neuro surgery) These physlczans must be available Immedzately or m-house To
be classified as a Level II Trauma Center, the only requirement IS the general surgery must be available
Sentara Vlrglnza Beach General Hospital has been recognzzed by the State as a Level II Trauma Center smce
1993 Sentara Norfolk General Hospital has the Level I Trauma Center designation since 1985. There are
five (5) hospitals in the Commonwealth of Virginia with this designation. There IS only one (1) Level I
Trauma Center in Northern Virginia.
Sentara Vlrglnza Beach General Hospital IS a 274-bed hospital. dedicated to provldmg a comprehenSive
array of services mcludmg open heart surgery Sentara Norfolk General and Vlrglnza Beach General
Hospitals are the only facllztles m the southslde which currently prOVide these capabllztles Sentara Vlrgmza
Beach General has the Coastal Cancer Center, mnovatlve technology m the area of orthopedics and
neurOSCience, stroke treatment, total Jomt replacements. dzabetes center and an accredited sleep disorder
centers, along With extensive communzty wellness Sentara IS committed to provldmg the best health care
for thiS communzty, as well as the entire RegIOn Smce the date of the merger, which was 1998, Sentara has
prOVided a total capital mvestment of almost $59-MILLION. $12-MILLION of this capital was utllzzed to
purchase the land at Prmcess Anne Commons Sentara Vlrgmza Beach General's new patient tower (costmg
approximately $29-MILLION) has been approved Mr Clark admonzshed City Counczl to expedite
constructIOn of the Southeastern Parkway and Greenbelt to assure that Sentara Will bUild the medical
facllztles already committed at Prmcess Anne Commons m the City of Vlrglnza Beach
Emergency Medical Services co-ordmates With the Emergency Department physlczans to establish protocols
regardmg which hospital to take a particular patient This regIOn contams the lowest medlcazd
reimbursement rate of any area m the Commonwealth of Vlrgmia The mdlgent and umnsured populatIOn
also affects the abllzty to retam and recruit physlczans. Sentara Health Care Will now actively assist or
recruit additIOnal speCialists to the area Eight to twelve years ago there was a shortage of przmary care
doctors as all the physlczans Wished to be speclalzsts Now. there IS a przmary care reSidency program
establzshed at Eastern Vlrglnza Medical School (EVMS) and the cycle has shifted
June 24,2003
-3-
MA YOR'SCOMMENTS
STATUS re SENTARA VIRGINIA BEACH GENERAL HOSPITAL
TRAUMA LEVEL III DESIGNATION
ITEM # 51312 (Continued)
Mr Clark adVIsed that prior to the Sentara Board of D,rectors' declslOn, a detaIled Brzefing was conducted
on Monday, June 23, 2003, WIth the CIty Manager, Counczlman Dlezel and Bruce Edwards, Chlef-
Emergency MedIcal ServIces The Ad Hoc CommIttee also met WIth ChIef Edwards and staff to receIve
comments concernmg the ambulance transportatlOn
Mr Clark adVIsed Sentara WIll take on the responslbllzty of recrultmg physlczans to "th,s area" by
subsidizing them whIle they buzld a medIcal practIce A longer term approach IS to establzsh a reSIdency
program m orthopedIcs or anesthesiology at Eastern Vlrglnza MedIcal School (EVMS) Through
experzence, young people tend to stay in the 10catlOn of theIr reSIdency program W,th the mdlgent,
uninsured populatlOn, medIcaId cutback and the reductlOn m reImbursement through MedIcare, recruItment
becomes difficult
Mayor Oberndorf referenced approxImately twenty (20) years ago, Norfolk General HospItal refused to
accept mdlgent expectant mothers from Vlrglnza Beach. The babIes must be delzvered m theIr reSIdency CIty
of V, rgl nz a Beach ThIs CIty Counczl had tofinance two (2)full tIme obstetrzczansforat least three (3) years
to provIde delzvery of these babIes to mdlgent mothers
C,t,zens concerns can be regIstered by callmg Sentara The Mayor adVIsed the CIty'S populatlOn of cItIzens
85 years and older has grown by J 00% , only a 36% mcrease m the entIre Unzted States and a 42% mcrease
in the Commonwealth of Vlrglnza
Mr Clark adVIsed trauma usually mvolves an automobIle aCCIdent or a gunshot wound Mr Clark
emphaSIzed the Importance of the 10catlOn of a Trauma I designated hospital existing in Hampton Roads
June 24, 2003
- 4-
MA YOR'SCOMMENTS
2:32 P.M.
ITEM # 51313
Mayor Oberndorf expressed sympathy for the loss ofPollce Officer Rodney F Pocceschl, mortally wounded
early Monday mornzng, June 23, 2003 A letter has been sent to Officer Pocceschl 's wife The Mayor spoke
to Mrs Pocceschl and she vlslted her last evenzng The Mayor has transmltted the regrets and respect of the
Clty Councll to Mrs Pocceschl and thelr nzne-month old son Contrzbutzons may be made in hls memory
at the Virgmia Beach MUniclpal Employees Federal Credlt Union, located at 2501 Courthouse Drzve and
4164 Vlrgznla Beach Boulevard
June 24,2003
-5-
C IT Y A T TOR N E Y'S B R I E FIN G
CONFLICT OF INTEREST ACT
2:37 P.M.
ITEM # 51314
The City Attorney mtroduced Assistant City Attorney Roderzck (Rod) R Ingram, legal representative re the
Freedom of InformatIOn and Conflict of Interests Act Commenczng July First, Rod will be workmg
predomznatelyon City Council Issues Rod has become an expert throughout the state, authormg the sectIOn
of the local government attorney's handbook on the Conflict of Interest Act and has served on a Polzcy
Committee makzng the new changes to the Act (effective July First) Rod has brzefed the varIOus Boards and
CommiSSIOn re the Conflict of Interest Act:
Wetlands Board June 9, 2003
Planning Commission June 11,2003
Virginia Beach Development Authority June 17, 2003
Virginia Beach School Board June 17, 2003
Board of Zoning Appeals June 18, 2003
Chesapeake Bay Preservation Area Board June 23, 2003
Open Space Committee June 23, 2003
Assistant City Attorney Ingram, dlstrzbuted a summarzzatzon relative the Conflict of Interest Act in the
presentform (depicted in the left column) and the revisions (depicted in the right column), as well as a
copy of the legislatIOn effective July 1,2003 Said znformatzon IS hereby made a part of the record
Conflict of Interests Act
Polzcy Statement
May led citizens to belzeve that an officzal cannot Now less sweepzng, and accurately descrzbes
vote on any transactIOn which he has a personal COlA as prohlbltzng acts and reqUlrzng the
znterest disclosure of economic znterests
Virglma Code SectIOn 2 2-3100
Gifts
Prohibits the acceptance of gifts that "reasonably Now a localzty may adopt an ordznance
tends to znfluence him zn the performance of his
publzc duties " To set a dollar lzmlt on the value of gifts
Vlrglma Code SectIOn 2 2-3104 2 that can be accepted and
Require the disclosure of any gift, whether
or not It "reasonably tends to Influence"
the recipient
Member of a group
"Member of a group" exceptIOn allows Now explzcltly states that a group consists of at
partiCipatIOn after disclosure, but no defimtzon of least three members.
a "group"
Vlrglma Code SectIOn 22-3112(A)(2)
June 24, 2003
- 6-
C IT Y A T TOR N E Y'S B R I E FIN G
CONFLICT OF INTEREST ACT
ITEM # 51314 (Continued)
Conflict of Interests Act
PartlclpatlOn
If an officzal has a "personal znterest zn a Now the Act explazns the prohlbltlOn
transactlOn, " then he IS prohlbzted from
"partlclpatzng" zn the transactlOn. Cannot attend the closed seSSlOn on the matter
Vlrgznla Code SectIOn 2 2-3112(A)(1)
Cannot discuss the matter with any
governmental officer or employee (staff)
Disclosure of Interests
Must disclose their znterests zn land or buszness, Now if the disclosure IS for land, the address or
but does not say how specific the disclosure must parcel number must be given
be
Vlrglma Code SectlOn 2 2-3115 When the znterest is zn a buszness, then the full
name and address of the buszness must be
prOVided
Governmental Employers
An offiCial has a "personal znterest" zn her Now an offiCial can have a "personal znterest" zn
employer and her spouse's employer, but the Act governmental employers, which can trzgger a
does not znclude governmental employers "personal znterest zn a transactIOn" that requzres
abstentlOn or disclosure
"Governmental agency" not a "buszness"
Vlrglma Code SectlOns 2 2-3101, 3112(A)
OptlOn Contracts
Act does not speCifically prOVide that an optlOn Now the Act explzcltly prOVides that an optlOn
contract results zn a "personal znterest" zn the contract results zn a "personal znterest" zn the
property or buszness buszness or property
Vlrglma Code SectlOn 2 2-3101
RepresentatlOn
An officer has a "personal znterest zn a Now the Act expliCitly zncludes "provldzng
transactlOn" if she "represents" an znd,v,dual or services to" an znd,v,dual or buszness, such as
a buszness,' unclear what 'representation" architectural, engzneerzng or decoratzng services
zn clu des
Vlrglma Code SectlOn 2.2-3101
June 24,2003
- 7-
C IT Y A T TOR N E Y'S B R I E FIN G
CONFLICT OF INTEREST ACT
ITEM # 51314 (Continued)
Conflict of Interests Act
Representation by Firm or Busmess
No dlstmctwn between personal representatIOn Now if there IS personal representation, then the
and representatIOn by a member's firm or member must abstam
busmess
If representatIOn IS solely by the member's firm
Vlrglma Code SectIOns 2 2-3112(A)(3), 3115(H) or busmess, then the member can participate
after disclosure
Related Busmess Entitles
The Act does not address related entitles, even if Now the Act explzcltly provides that an officzal
they share the same prmclples or have a parent- with a personal mterest m a bus mess also has a
subsldzary relatIOnship with a bus mess m which personal mterest m any related bus mess entity
an officzal has a "personal mterest "
Parent-Subsldzary - own more than 50% of
Vlrglma Code SectIOn 22-3112(A)(1) votmg power
Affilzated - controllmg mterest, both have
controllmg owner m common, share management
or control
Disclosure of Wrztten Oplmons
Fazlure to release a COlA adVISOry opmwn of Now the request for an adVISOry opmwn from the
Commonwealth's Attorney may erode publzc Commonwealth's Attorney must be in wrztmg,
confidence and the resultmg opmzon IS a pubic record that
must be released upon request
Vlrglma Code SectIOns 22-3121,3126(B)
Not applzcable to an opmwn of the City Attorney
Ethics m PubZzc Contractmg
No reference m the Act to the Ethics m Public Now the Conflict of Interests Act cross-references
Contractmg prOVISIOns of the Procurement Act the Ethics m Public Contractmg prOVISIOns of the
Procurement Act
Vlrgmza Code SectIOn 2 2-3100
The City Attorney did not beZzeve there was a prohibition, but ASSistant City Attorney Ingram Will provide
InformatIOn "m wrztmg" relative appearance by a CounCil Member before any Counczl Appomted Board,
I e Wetlands Board, Vlrglma Beach Development Authorzty
June 24, 2003
-8-
C IT Y A T TOR N E Y'S B R I E FIN G
CONFLICT OF INTEREST ACT
ITEM # 51314 (Continued)
Relatzve an officzal wzth a "personal interest" zn hzs or her employer and the spouse's employer, now an
officzal can have a "personal znterest" zn governmental employers, whzch can trzgger a "personal znterest
zn a transactzon " that requzres abstentzon or dzsc/osure If one zs a School Board Member and the spouse
zs a School Board employee, the member would have a personal znterest zn any transactzon z e grantzng a
razse to all School Board employees. However, if one zs a member of a group, one would dzsc/ose that
znterest, state membershzp of a group, and be able to partzczpate fazrly and zn the publzc znterest and then
the member may vote
Relatzve related business entities, as these usually znvolve land sztuatzons, the Plannzng Department can
AMEND the Dzsc/osure Statement to denote znformatzon relatzve servzce provzders z e real estate agent
The Czty Attorney advzsed a blanket letter can be placed on file advzszng the partzcular Counczl Member zs
"an agent wzth a certazn company and wzll do (hzs/her) best zn each znstance to follow the Conflzct of
Interests Act and dzsc/ose, however, because of the szze of the company, there may be situatzons of conjlzct
ofwhzch the (Counczl Member) zs not aware"
Asszstant Czty Attorney Ingram advzsed attorneys, zn addztzon to the Conflzct of Interests Act, are governed
by a separate set of standards Those legal, ethzcal oblzgatzons mzght prohzbzt votzng on a partzcular
applzcatzon
June 24, 2003
-9-
CITY COUNCIL'S DISCUSSION
TALENT BANK APPLICATION - CITY COUNCIL APPOINTIVE AGENCIES
3:18 P.M.
ITEM # 51315
Counczl Members Reba S McClanan and Rosemary Wzlson dzstrzbuted a proposed TALENT BANK
APPLICA TION whzch cztzzens znterested zn City Council Appointive Agenczes may file wzth the Czty Clerk
Counczl Ladzes McClanan and Wzlson conferred with Asszstant Czty Attorney Roderzck Ingram and Czty
Clerk Ruth Hodges Smzth, to revzew the Resume Form The State ofVzrgznza utzZzzes a szmzlar form On page
2, relatzve relatzonshzp to a partzcular ethmc group (optIOnal, answer if you des z re), the zntent of thzs
statement zs to assure proper dzverszty of the Boards and Commzsszons ' membershzp Thzs zs meant to be
a posztzve addztzon to the form. Thzs statement can be zncluded, as the form does not concern employment,
but rather volunteerzsm
Mayor Oberndorf expressed concern re appozntment to Boards and Commzsszons that a quota mzght be
estabZzshed based on the percentage of the populatIOn zn the Czty to assure a partzcular natzonaZzty zs
appoznted Counczl Lady Wzlson advzsed there zs no znterest to establzsh a "quota"
Assistant Czty Attorney Ingram concurred a quota system would probably not be feaszble, however, advzsed
Counczl could conszder race as one of many factors in attempting to have Boards and Commzsszons reflect
the populatIOn generally zn Vzrgzma Beach
Counczl Lady Eure requested a comment be zncluded "In order to assure dzverszty among appozntees to
Boards and Commzsszons, we ask thefollowzng" and then the statement "Your relatzonshzp to what Ethmc
Group - - optIOnal, answer if your deszre - - The reason for this questIOn should be zncluded zn the
appZzcatzon
Counczl Lady Eure expressed concern and requested elzminatzon of Date of Birth and Place of Birth.
Counczlman Reeve referenced the statement under znstructzons ((If you have any financzal or other
znterest(s) that may be percezved as a "conflzct ", please zndzcate that clearly on the form or an attachment"
Counczlman Reeve beZzeves the appZzcants should abzde by the same specific znterests (z eland, financzal
holdings zn a company, greater than 5%) as the Czty Counczl Members must dzsclose
Asszstant Czty Attorney Ingram advised he zs preparzng an ordznance at the request of Counczl Members
McClanan and Wzlson to zmplement some of the recommendatIOns of the Cztzzens Commzttee on Boards and
Commzsszons (Adopted February 11, 2003) AppZzcants shall be requzred to dzsclosefinanczal znterest A
tzered system wzll be estabZzshed where the maJorzty of the appozntees wzll complete the Fznanczal Dzsclosure
Statement "shortform ", however, certazn posztzons, such as the Development Authorzty, wzll complete the
Statement of Economzc Interests "longform" and Dzsclosure of Real Estate Holdzngs
Counczlman Dzezel beZzeves attendance should be emphaszzed Thzs zs not to be a resume enhancer Counczl
Lady Wzlson advzsed an orzentatzon vzdeo wzll be prepared re Conflzct of Interest, attendance and allztems
of znterest pertazmng to every Board and Commzsszon
June 24,2003
-10 -
CITY COUNCIL'S DISCUSSION
TALENT BANK APPLICATION - CITY COUNCIL APPOINTIVE AGENCIES
ITEM # 51315 (Continued)
The CIty Clerk referenced Code SectIOn 2-3 1 "no member of any such board, commISSIOn or agency shall
accumulate an annual total of more than three (3) absences, or be absent from more than one-fourth of the
total number of meetmgs held by such board, commISSIOn or agency wahm a gIven calendar year, for
reasons other than person Illness, the Illness or death of a relatIve, or other CIrcumstances beyond the
member's control "
Councilman Wood suggested the applzcatzon be placed on the CIty'S webslte (pdf format), allowmg the
applzcant to complete on-lme and prmt out rather than havmg to submIt the form by so may means of
commumcatzon
CouncIl Lady McClanan saId the mtent of thIS applzcatzon IS to utl/zze, on a trazl baSIS, for a year and then
CIty CouncIl re-evaluate
BY CONSENSUS, the app/zcatzon shall be REVISED to mclude "In order to assure dIversIty among
appomtees to Boards and CommIssIOns, we ask the followmg "
CouncIl Lady McClanan referenced appomtments to the Vlrglma Beach Development Authonty, as a result
of the new legIslatIOn CouncIl Members McClanan and W,lson proposed each CouncIl Member suggest a
member and from those eleven (11) names, the Mayor and CIty CouncIl would chose four (4) members Two
CouncIl Members (CouncIl Members McClanan and Wilson) have volunteered to mtervlew these
prospectIve members. Counczl Members would be chosen at random for subsequent appomtments of the
Development Authonty I e draw names out of a bowl, so all CouncIl Members would eventually be chosen
for the mtervlew process CouncIl Members McClanan and W,lson would mform CIty Counczl of theIr
mtervlews Two (2) members of the Development Authonty shall also partIcIpate m the screemng process
WIth Council Members
ASSIstant CIty Attorney Ingram adVIsed one member WIll be appozntedfor four (4) years, one for three (3)
years, one for two (2) years and onefor one (1) year
ASSIstant CIty Attorney adVIsed if a formal body IS created for a screemng process, thIS body IS subject to
the Freedom of InformatIOn Act and WIll have to meet and convene mto Closed SeSSIOn to accomplIsh the
purpose of interviews If only two Counczl Members conducted the screemng of Development Authonty
pOSItIOns, there would be no formalItIes
V,ce Mayor Jones adVIsed at the last Development Authonty meetmg, ChaIrman Robert Jones and Douglas
EllIS, Member, requested a meetzng WIth V,ce Mayor Jones and CouncIl Lady Eure, CIty CouncIl's LIaISOnS,
to suggest names The CIty Attorney adVIsed thIS would not be a VIOlatIOn of the COnflICt of Interests Act
ASSIstant CIty Attorney Ingram WIll d,stnbute a lIst of the Ordmance changes requzred relatIve the adoptIOn
of the Boards and CommISSIOns recommendatIOns
June 24, 2003
- 11 -
AGE N DA REV I E W S E S S ION
4:07 P.M.
ITEM # 51316
J 3 ResolutIOn re procedures for conslderzng unsolicited
requests from private entities re qualifyzngprojects under
the Public-Private Education Facilities and
InfrastructureActof2002 (PPEA); and, direct the City's
Purchaszng Agent to cause these procedures be avazlable
to the publlc and post same zn the City'S Purchaszng office
and on the web site
Councilman Villanueva referenced his suggestion for an oversight committee
Patrzcza Phillips, Director of Fznance, referenced the GUldelznes for EvaluatIOn of Investment Partnerships
for Economic Development adopted March 2001 S'x (6) crzterza were establlshed to evaluate publlc-przvate
partnerships I e Town Center
Contrzbuted to the achievement of the City'S overall goals as
envIsIOned In the Comprehensive Plan A Strategy to achieve City
Council's VISIOn and other planmng documents and strategies
An Investment Partnership should provide jobs that will Increase per
capita Income or target a sector or area of the City Important to future
economic growth
An Investment Partnership should create a synergy that helps attract
other przvate sector development
An Investment Partnership should result zn the fiscal, economic and/
or soczal benefits rather than those which would reoccur without
publlc partlclpatlOn
An Investment Partnership should provide a fair and reasonable
return to the City's partners, commensurate with the amount of rzsk
assumed
The project would not proceed at all, or would not proceed at the
deSired level of quallty, Hbut for" public sector involvement
The last page of the pollcy references the Investment Partnership Advisory Committee. The City Counczl
shall appoint members to an Investment Partnership AdvIsory Committee that will Include representatives
from the Chamber of Commerce, the Vlrglma Beach School DivisIOn, the Vlrglnza Beach Development
Authorzty, Counczl of C,VIC Orgamzatzons and others as deemed necessary ThIS CommIttee shall Issue an
annual report to City Counczl that assesses the results of the partnerships approved by the CIty
CouncIl Lady Eure requested the VIrgIma Beach Development Authorzty also reVIew these proposals
June 24,2003
- 12-
AGE N DA REV I E W S E S S ION
ITEM # 51316 (Continued)
Counczl Lady Wzlson suggested members of Vzszons be encompassed wzthm thzs Commzttee
This Committee could be utzlzzedfor the overszght commzttee of the PPEA Vzce Mayor Jones belzeves thzs
Commzttee should be an overszght commzttee szmzlar to an audzt commzttee Counczlman Vzllanueva
concurred Counczlman Vzllanueva wzshed a member of the Mmority Busmess Counczl be a member ofthzs
Commzttee
Counczlman Reeve referenced addztional dzscusszon relatzve crzterza for evaluatzon of proposals
Further mformatzon wzll be dzscussed durmg the Formal Sesszon
Mrs Phzllzps mentzoned the last lme of the PPEA legzslatzon. lilt is the mtent of the General Assembly for
the Audztor of Pubhc Accounts to perzodzcally revzew comprehenszve agreements for comphance wzth the
Act "
Mrs Phzllzps advzsed the Mayor the Act allows should City Counczl deczde to sohczt a proposal, wzth that
sohcztatzon, the crzterza would be outlmed, the expectatzons, the terms, and mformatzon relatzve all recezvmg
fazr conszderatzon. Chesapeake has done a sohczted proposal only for thezr Communzty Servzces Board
buzldzng and have recezved five (5) proposals, narrowed zt down to one, wzth whzch they are currently under
negotzatzon Terms were defined zn thezr process, crzterza and sohcztatzon.
ITEM # 51317
K 1 Ordmances to AMEND the Czty Code.
b J 2-78 re background investigations of applzcants for pubhc
employment
The Czty Attorney advzsed the Czty Code currently requires background znvestzgatzons vza the Vzrgznza
Central Crzmmal Record Exchange for persons applymg for Czty employment or volunteer servzce for
specified types of Jobs The 2003 Sesszon of the General Assembly now requzres apphcants who are offered
or accept employment to also provzde personal descrzptzve mformatzon, along wzth finger prznts for
submzsszon to the FBI for further background znformatzon
Asszstant Czty Attorney Kathy Rountree, Pubhc Safety Attorney, advzsed what thzs change does and the new
Code requzres zs that m addztion to the Crzmmal Record Check, fingerprznts have to be sent to the FBI for
mvestzgatzon for all except Volunteers Volunteers wzll stzll have a Crzmmal Record Check, but wzll not be
requzred to undergo the FB/fingerprznt check Unofficzally, Ms Rountree has been advzsed the FBI wzshes
to have a large bank of fingerprmts The actual Auxzlzary Pohce Chaplams, etc (who carry guns) stzll wzll
undergo the regular background checks of pohce officers
Susan Walston, Chzef of Staff, advised the Volunteer Counczl has recommended thezr background checks
be expanded There would be a hzgher level of background check of Volunteers, ifworkmg where sensztzvzty
may be mvolved as access to publzc records, supervzszon of youth and zssues of confidentzally Concern was
expressed relatzve the $35 fee for the crimmal background check Ms Rountree advzsed the Pohce
Department has always pazd for the FBI check and wzll probably contmue There zs nothmg m the Code that
mdzcates what wzll happen if the departments, rather than the mdzvidual, pay for the background checks
June 24,2003
- 13-
AGE N DA REV I E W S E S S ION
ITEM # 51317
Mayor Oberndorf advzsed there was a lzmzt ofwhat the Czty can request of the Volunteers m havmg to pay
for thzs background check The Czty Attorney advzsed he was certam the funds are forthcommg
ITEM # 51318
BY CONSENSUS, the followmg shall compose the CONSENT AGENDA:
RESOLUTIONS
1 Resolutzon concurrmg wzth a Revenue Bond zssuance by the
Industrial Development Authority of Mathews County and the
Industrial Development Authority of Northampton County and
Towns:
UJFT Communzty Campus, L L C
Not to exceed $20,000,000
2 Resolution re Revenue Bond zssuance by the City of Virginia
Beach Development Authority:
LifeNet
Not to exceed $21,000,000
3 Resolutzon to endorse the applicatzon for Federal Transportatzon
Enhancement Funds for the Ferry Plantation House Restoration
(Phase 1)
4 Resolutzon to AUTHORIZE the promulgatzon of Amendment
Number 7 to the Specificatzons and Standards Manual of the
Engmeermg Dzvzszon, Department of Public Works.
ORDINANCES
K 1 Ordmances to AMEND the Czty Code
a 33 5-5 and 5-12 and REPEAL 3 5-11 re domestzc anzmals
b ~ 2-78 re background investigations of applzcantsfor
publzc employment
c 3 7 1 re dejinztzon of a bicycle
d 3 23-7 re interference wzth Czty officers In the
performance ofthezr dutzes, and, ADDING 3 23-7 3 re
resisting lawful arrest
June 24, 2003
- 14-
AGE N DA REV I E W S E S S ION
ITEM # 51318 (Continued)
e 9~' 21-3,21-199,21-29,21-323 1, 21-323 and 21-344 to
reflect reVISIOns to the State Code re motor vehicles, farm
machinery, highway signs, work area speed limits,
electrical devices, reimbursement of expenses
f 9 35-11 to reflect reVISIOns to the State Code re
admlmstratlve collectIOn of delinquent taxes or charges
2 Ordznance to A UTHORIZE the Department of Museums and
Cultural Arts to ACCEPT two (2) bronze statues, for display at
the Judicial Center, from the Council of Garden Clubs of
Vlrgznla Beach and the Vlrgznla Beach Child Advocacy Network
(VBCAN)
3 Ordznance to A UTHORIZE temporary encroachment znto a
portIOn of the City'S property at Lake Rudee zn Shadowlawn
Heights by PAUL S. and DENA HIGH SAWYER to construct
and mazntazn a fIXed pier, aluminum ramp, floating pier, boat
lift and four (4) piles at 7 Canbbean Avenue.
(DISTRICT 6 - BEA CH)
4 Ordznance to ACCEPT and APPROPRIATE $1,599,750 from
the Vlrglma ComprehenSive Services Act office to the FY 2002-
03 operatzng budget of the ComprehenSive Services Act (CSA)
speczal revenue fund re mandated special education and foster
care services
5 Ordznance to APPROPRIATE $145,569 zn additIOnal State
revenue and $128,760 of fund balance wlthzn the Sheriff's
Department Speczal Revenue Fund zn the FY 2003-04 operatzng
budget re compensation and purchase of additIOnal equipment.
6 Ordznance to APPROPRIATE $5,450 zn cIvil charges collected
from the Wetlands and Coastal Pnmary Sand Dune ordznance
VIOlatIOns to the Department of Agnculture's FY 2002-03
operatzng budget re environmental restoration and habitat
enhancement projects
7 Ordznance to TRANSFER $18,000 to the FY 2002-03 Mumclpal
CounCil DonatIOns account zn behalf of the Virginia Beach
Public Schools Education Foundation
June 24, 2003
- 15 -
AGE N DA REV I E W S E S S ION
ITEM # 51319
L 1. Applzcatzon of TRACY REDBURN re expansIOn of a
nonconformmf! use to construct a garage for the one story
structure at 615 Twenty-Szxth Street
DISTRICT 6 - BEACH
Counczlman Maddox advzsed the applicant has requested WITHDRA W AL.
ITEM # 51320
L 2 Apphcatzon of RACHAEL A. SPRINGER for a
ConditIOnal Use Permzt re a residential kennel for up to
seven (7) dogs at 5544 Hatteras Road
DISTRICT 2 - KEMPSVILLE
Counczlman Dzezel advzsed the nezghbors support thzs apphcatzon.
Counczl Lady Eure expressed concern re the petztzon whzch states. "I am aware that my nezghbors at 5544
Hatteras Road wzsh to obtam a "Condztzonal Use Permzt ", whzch would allow them to own more than the
four (4) dogs Vzrgmza Beach Reszdents are currently permztted " Counczl Lady Eure would be for
comfortable if the petztzon state seven (7) dogs. Counczl Lady Eure and Counczlman Schmzdt dzd not beheve
they could support thzs apphcatzon
Counczlman Dzezel advzsed a kennel allows the application to have a certain number of dogs. Thzs ztem shall
be dzscussed durmg the Formal SessIOn
ITEM # 51320
K 4 Apphcatzon of MOSE MAST - VIRGINIA BEACH
MARBLE CO. for a Condztzonal Use Permzt re a bulk
storage yard to store raw materzals and finzshed marble
products m Oceana West Corporate Park at 506 Vzkmg
Drzve
DISTRICT 6 - BEACH
Stephen Whzte, Plannmg, advzsed relatzve Condztzon No 3 The last sentence should be deleted as requested
by the Plannmg Commzsszon
3 ConstructIOn of the bulk storage yard shall be completed wzthm
90 days ofCondztzonal Use Permzt approval The Je,1li-ba~:el'j
CUI I elltly Jto, ed HI the pa, kt,tg aI ea Oil the Jtte J}~aS be, emoved
y~itl~l1l 38 duy3 vi COmpletion althe bl:4lk sio, age yal d
June 24,2003
-16 -
AGE N DA REV I E W S E S S ION
ITEM # 51321
K 5 Applzcatzon of GRAND SLAM USAfor a Condltzonal Use
PermIt re a commercial recreational facility to operate
three (3) indoor batting cages, instructional and practice
facilities, glove repair and a retail business at 3636
Virgmza Beach Boulevard, SUIte 107
DISTRICT 5 - LYNNHA VEN
Counczl Lady McClanan wIll vote NA Y relatIve thIs Item as she IS concerned relatIve the nOIse
Vice Mayor Jones wIll ABSTAIN as the applzcation is adjacent to hIs funeral home property
ITEM # 51322
K 7 Applicatzons of JOSEPH G. PIPER to subdIvIde the
eXlstmg lot mto three (3) lots, wIth two (2) flag lots, at
2332 Seaboard Road re
DISTRICT 7 - PRINCESS ANNE
a Vanance to ~ 4 4(b) of the SubdIvision Ordmance
b Chanf!e ofZomng Dlstnct Classlficatzon from A G-2 AgrIcultural
Dlstnct to R-15 ReSIdential Dlstnct
CounCIlman Reeve advised thIS Item has been requested for WITHDRA W AL.
Mr WhIte adVIsed the applzcant wIshes to WITHDRA W the entIre applzcatzon and will resubmIt a new plan
ITEM # 51323
BY CONSENSUS, the followmg shall compose the PLANNING BY CONSENT AGENDA:
L 1 Appllcatzon of TRACY REDBURN re expanszon of a
nonconformmf! use to construct a garage for the one story
structure at 615 Twenty-SIxth Street
DISTRICT 6 - BEACH
L 2 Application of KEMPSVILLE BUILDING MATERIALS,
INC. re d,scontmuance. closure and abandonment of a
portzon of Denn Lane on the north sIde of Southern
Boulevard, west of Jersey Avenue, to create a consolzdated
parcel of approxImately 5 5 acres
DISTRICT 2 - KEMPSVILLE
June 24, 2003
- 17 -
AGE N DA REV I E W S E S S ION
ITEM # 51323 (Continued)
L 4 AppIzcatzon of MOSE MAST - VIRGINIA BEACH
MARBLE CO. for a Condztzonal Use Permzt re a bulk
storage yard to store raw materzals and finzshed marble
products m Oceana West Corporate Park at 506 Vzkmg
Drzve
DISTRICT 6 - BEACH
L 5 Application of GRAND SLAM USAfor a Condztzonal Use
Permzt re a commercial recreational facility to operate
three (3) indoor batting cages, instructional and practice
facilities, glove repair and a retail business at 3636
Vzrgznza Beach Boulevard, Suzte 107
DISTRICT 5 - LYNNHA VEN
L 6 Applzcatzon ofW AL-MART REAL ESTATE BUSINESS
TRUST for a Condztzonal Use Permzt re a bulk storage
for pallets, recyclable cardboard materials and seasonal
sales areas at 1149 Nzmmo Parkway
DISTRICT 7 - PRINCESS ANNE
L 7 AppIzcatzons of JOSEPH G. PIPER to subdzvzde the
exzstmg lot mto three (3) lots, wzth two (2) flag lots, at
2332 Seaboard Road re
DISTRICT 7 - PRINCESS ANNE
a Varzance to 94 4(b) of the Subdzvzsion Ordmance
b Chanf!e of Zoning Distrzct Classzficatzon from A G-2 Agrzcultural
Dzstrzct to R-15 Residentzal Dzstrzct
L 8 Applzcatzon of TRITON PCS/SUNCOM for a
Modzficatzon to the Green Run Land Use Plan re a
wireless communication tower on the east szde of
Independence Boulevard, southeast of Nesbztt Drzve,
withm an exzstmg Vzrgmia Power substatIOn area
DISTRICT 3 - ROSE HALL
L 9 Ordmance to AMEND 9 5 6 of the Czty's Subdzvzszon
Ordmance re the width of sidewalks.
Item L 1 wzll be WITHDRA WN, BY CONSENT
Item L 7 wzll be WITHDRA WN, BY CONSENT
Vzce Mayor Jones wzll ABSTAIN on Items L 2 (Kempsvzlle Buddmg) and L 5 (Grand Slam)
Counczl Lady McClanan wzll vote NA Y on Item L 5 (Grand Slam)
June 24, 2003
- 18-
CITY COUNCIL LIAISON REPORTS
4:47 P.M.
ITEM # 51324
Councll Members Wood and Reeve dlstrzbuted a report relatlve Police Department Training Facility
Expansion Sald znformatzon lS hereby made a part of the record On June 18, 2003, the Councll Members
met wlth representatlves to d,scuss the status of the slte selectzon process
Wlthzn the next two weeks an znternatzonal renowned acoustics expert will be in the area around Creeds The
Vlrgznla Beach Po/zce Department wlll conduct "live" tests at Creeds Utl/zZzng every weapon zn thelr
znventory Therefore, a base lzne acoustlcal samplmg wlll be determmed A matrzx has been developed for
conslderzng the purchase of property and another matrzx wlll be developed to determzne the financzal
stabl/zty of any prlvate entlty wh,ch wlshes to provlde trammg at a non-clty owned slte Recommended sltes
wlll be provlded to Clty Councz! m late November or early December
Councll Members Reeve and Wood wlll brzef Clty Councll przor to the consultants returnzng wlth
recommended sltes
ITEM # 51325
Councll Lady W,lson referenced the proposed Performing Arts Theatre/Academy wlth the Vlrgznza Beach
Clty Schools She spoke wlth a School Board Member and they were not aware of th,s Academy concept
Mayor Oberndorf advlsed durmg the course of a conversatzon School Board Chalr Edwards suggested the
names of School Board Members Nez! Rose and Jim DeBellls as Lzalsons to the Performing Arts
Theatre/Academy However, th,s was a suggestzon and had not been d,scussed At the present tlme,funds
are not avallable
CouncIlman Schmldt advlsed the Vlrgznia Beach School Board's next meetzng will be July Flrst The Issue
of an Academy wIll be d,scussed
The Clty Manager referenced a Joznt Staff Level Commlttee, of which Dr Jenney, Superzntendent - Vlrglma
Beach Clty Schools, has appointed many of h,s School representatlves as members
CouncIl Members Wood and SchmIdt, Councll Llalsons, advlsed if the School Lzalsons are appoznted at
thelr July Flrst School Board meetzng, Councll Members Wood and Schmldt wlll confer wlth those
representatlves and advlse Clty Counczl by July 8, 2003
June 24,2003
-19 -
COUNCIL COMMENTS
ITEM # 51326
Councllman Vlllanueva mVlted members to attend the "Muscle Cars" (Super Tuners) showmg at the
PavlllOn th,s weekend ThlS lS a major event on the West Coast Approxlmately 20,000 attendees are
expected
Councllman Vlllanueva wlll provlde tlckets to those advlsmg thelr need
ITEM # 51327
Councll Lady McClanan commended Dr Jenney and the Vlrglma Beach School Board relatlve thelr news
publzcatlOn On page 2, the Benefits Executive Committee appomted employees from several different
facets, whlch mc/uded teachers, teachers' asslstants, bus drzvers, professlOnals, retlrees and admlmstratlve
support ThlS lS very lmportant to addressmg the overall health care
Susan Walston, Chlef of Staff, advlsed the City lS represented on th,s Benefits Executive Committee and
have comparable posltlOns from Clty employees This Commlttee was created th,s Sprmg and has had one
meetmg (a combmatlOn of both Clty and School employees) The Executlve Benefits Commlttee lS composed
of Steve Thompson - ChlefFmanclal Officer, Fagan Stackhouse - Dlrector of Human Servlces, and Susan
Walston - Chlef of Staff Then, there lS an Employee Insurance Input Commlttee conslstmg of both Clty and
School employees InformatlOn relatlve th,s Commlttee appeared m The BEAM
June 24,2003
- 20-
ITEM # 51328
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL zn the City Council Conference Room, City Hall Buddzng, on Tuesday, June 24 2003, at 5 20
PM
Council Members Present
Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and
James L Wood
Council Members Absent.
None
June 24,2003
- 21 -
ITEM # 51329
Mayor Meyera E Oberndorf entertamed a motlOn to permit City Council to conduct Its CLOSED
SESSION, pursuant to SectlOn 2 1-344(A), Code of VI rgl nz a, as amended, for thefollowmg purpose
PERSONNEL MA TTERS DlscusslOn, conslderatlOn or mtervlews of prospective
candidates for employment, assignment, appomtment, promotlOn, performance, demotlOn,
salarzes, dlsclplznzng, or reslgnatlOn of specific publzc officers, appomtees, or employees
pursuant to SectlOn 2 2-3711 (A) (1)
To Wit Appomtments. Boards and CommlsslOns
Arts and Humanztles CommlsslOn
Beaches and Waterways CommlsslOn
Hampton Roads Economic Development Alliance
Hampton Roads Plannzng DIStrzCt CommlSSlOn
Parks and RecreatlOn CommisslOn
Performmg Arts Theatre AdvIsory Committee
Publzc Library Board
Shore Drive AdVISOry Committee
Towmg AdVISOry Board
Youth Services Coordmatmg Council
Annual ReView of Performance of Counczl Appomtees
PUBLICLY-HELD PROPERTY D,scusslOn or conslderatlOn of the acqUlsltlOn of real
property for a publzc purpose, or of the dlspositlOn of publicly-held real property, where
d,scusslOn m an open meeting would adversely affect the bargammg posltlOn or negotlatmg
strategy of the publzc body pursuant to SectlOn 22-3711(A)(3)
Agricultural Reserve Program - Prmcess Anne District
AcqulsltlOn/DlsposltlOn of Property - Bayslde District
- Beach Dlstrzct
- Lynnhaven District
- Prmcess Anne DIStrzCt
Upon motlOn by Vice Mayor Jones, seconded by CounCilman Reeve, City CounCil voted to proceed mto
CLOSED SESSION.
Votlng 11-0
CounCil Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LOUIS R Jones, Reba S McClanan,
Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A
Villanueva, Rosemary Wilson and James L Wood
Counczl Members Votmg Nay.
None
CounCil Members Absent
None
(5:20 P.M. - 6:00 P.M.)
June 24, 2003
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 24, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL m the Council Chamber, City Hall BUlldmg, on Tuesday, June 24, 2003, at 6 00 P M
Council Members Present
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and
James L Wood
CounCil Members Absent.
None
INVOCA TION Reverend Kevm 0 'Brzen
Sun of the Sea Catholzc Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Reverend 0 'Brzen memorzalzzed the deaths of two Civil servants and an 8-year old son These officers have
served and protected the citizens With thelr lzves. Police Officer Rodney F Pocceschl, Clty of Vlrgmla
Beach, and Vlrglnza State Trooper Anthony Campbell and hls young son (8 years old) Reverend O'Brlen
prayed for the famllzes to find the strength, reassurance and courage needed to sustam through these tragic
times
June 24, 2003
- 23-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 51330
Upon motion by Counczlman Wood, seconded by Vzce Mayor Jones, Czty Counczl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only publzc busmess matters lawfully exempted from Open Meetmg
reqUlrements by Vzrgznla law were dzscussed m Closed SessIOn to whlch
thls certificatIOn resolutIOn applzes,
AND,
Only such public bus mess matters as were ldentified m the motIOn
convenmg the Closed SessIOn were heard, dlscussed or consldered by
Vlrgznla Beach Clty Counczl.
Votmg' 11-0
Councll Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S
McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve,
Peter W Schmldt, Ron A Vlllanueva Rosemary Wllson and James L
Wood
Counczl Members Votmg Nay
None
Councll Members Absent
None
June 24, 2003
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 # 51329, page 21, and In accordance WIth the
prOVISIons of The Virginia Freedom of Information Act, and,
WHEREAS: SectIon 2 2-3711 (A) of the Code ofVIrgmIa reqUIres a certification by the governIng
body that such Closed SeSSIOn was conducted In conformIty WIth VIrgInia law.
NOW, THEREFORE, BE IT RESOLVED: That the VIrgInIa Beach CIty CouncIl hereby certIfies
that, to the best of each member's knowledge, ( a) only publIc busmess 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 con\'enIng thIS Closed
SeSSIon were heard, dIscussed or conSIdered by VIrgInIa Beach CIty CounCIl.
~~,~-
uth Hodges SmIth, MMC
CIty Clerk
June 24, 2003
- 24-
Item V-F. 1.
MINUTES
ITEM # 51331
Upon motlOn by Counczl Lady Eure, seconded by Vzce Mayor Jones, Czty Counczl APPROVED the
Mznutes of the INFORMAL and FORMAL SESSIONS of June 10, 2003, and the RESOURCE
MANAGEMENT PLAN FISCAL YEAR 2003-04 WORKSHOPS: April 15, April24, April29, and, May
01, 2003.
Votzng 11-0
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L. Eure, Vzce Mayor Louzs R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve,
Peter W Schmzdt, Ron A. Vzllanueva, Rosemary Wzlson and James L
Wood
Counczl Members Voting Nay
None
Counczl Members Absent.
None
June 24,2003
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, Czty Counczl ADOPTED:
- 25-
ITEM # 51332
AGENDA FOR THE FORMAL SESSION
June 24,2003
- 26-
Item V-H.I.
PUBLIC COMMENT
ITEM # 51333
Steven Thompson, Chief Fmanclal Officer, advised this IS a Consolidated Vending Machine Contract, not
a sponsorship Issue This IS basically an Issue of control and accountability of cashfunds created by the sale
of soft drmks on pub/zc property Pnvate sector solutIOns are suggested to be app/zed to control and prOVide
accountability of these funds The City has a total of thirty-sIx (36) contracts for the one hundred nmety-
three (193) vendmg machmes The average sales are approximately $160 per machme This IS a cash system
which IS unaudited and uncontrolled There IS an opportunity through the conso/zdatzon of these contracts
to generate additIOnal funds A Committee would be appomted to serve as an administrator of an Employee
Moral Recognition Fund, these entail activities that benefit employees I e Relay for Life, chanties and
could also mclude offsettmg the expense of the soft drmks and a City CounCil directed project I e
Performmg Arts Theatre
Allocation of Marketing Revenues
10% of the gross would go to the Employee Morale Fund
The remaining funds would be allocated through the budget
process as follows
40% Dlstnbuted proportIOnally to all departments
30% D,v,ded among departments based on value
Impact mdlcated m the property analysIs
30% Placed mto the General Fund to be approprzated
by the City CounCil
Mayor Oberndorf DECLARED A PUBLIC HEARING:
CONSOLIDATED VENDING MACHINE CONTRACT:
The followmg registered to speak.
Bill Bailey, 4841 Rosecroft Street, Phone 495-0637, registered m OPPOSITION He be/zeves the employees
should choose
There bemg no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
June 24,2003
-27-
Item V-J/K.
RESOLUTIONS/ORDINANCES
ITEM # 51334
Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Counczl APPROVED IN ONE
MOTION Resolutions J1, 2, 4 and 5 and Ordmances K 1 a/c/e/f, 2, 3, 4, 5, 6 and 70fthe CONSENT
AGENDA.
V otmg
11-0 (By Consent)
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LouIs R Jones, Reba S
McClanan, RlchardA. Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood
Council Members Votmg Nay
None
Council Members Absent
None
June 24, 2003
- 28-
Item V-J.1.
RESOLUTIONS/ORDINANCES
ITEM # 51335
Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Resolutzon concurrzng wzth a Revenue Bond zssuance by the Industrial
Development Authority of Mathews County and the Industrial Development
Authority of Northampton County and Towns:
UJFT Communzty Campus, L 1. C
Not to exceed $20,000,000
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor Louzs R Jones, Reba S
McClanan, RzchardA Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24, 2003
A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY,
VIRGINIA, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
NORTHAMPTON COUNTY AND TOWNS OF REVENUE BONDS IN AN
AMOUNT NOT TO EXCEED $20,000,000 FOR THE UJFT COMMUNITY
CAMPUS, L.L.C.
WHEREAS, there has been descnbed to the CIty of VIrgInIa Beach Development
Authonty (the Authonty), the plans ofUJFT CommunIty Campus, L.L C , a VIrgInIa non-stock,
non-profit corporatIon (the Company) the pnncipal bUSIness address of whIch IS 5041 Corporate
Woods Dnve, SUIte 150, VIrgInIa Beach, VIrgInIa 23462, for the Issuance by (a) the Industnal
Development Authonty of Mathews County, VIrgInIa (the Mathews Authonty) of its revenue
bond In an amount not to exceed $10,000,000 and (b) the JOInt Industnal Development Authonty
of Northampton County and Towns (the Northampton Authonty) of ItS revenue bond In an
amount not to exceed $10,000,000, In each Instance, to aSSIst the Company In finanCIng a
campus complex to be located on an approxImately 20 acre parcel east of the Intersection of
WItchduck and Grayson Roads in VIrgInIa Beach, VIrgInIa, to prOVIde facilItIes for educatIonal,
SOCIal and recreatIonal actIVItIes, IncludIng an approxImately 126,000 square foot two-story
buIldIng and outdoor recreatIonal faCIlItIes to be owned by the Company (the Project), and used
by the TIdewater JeWIsh Foundation, the Hebrew Academy of TIdewater, JeWIsh FamIly ServIces
of TIdewater, the Jewish CommunIty Center of Southampton Roads and the UnIted Jewish
FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUISItIon and sIte
preparatIon costs and the cost of ISSUIng the bonds; and
WHEREAS, the above faCIlItIes WIll be owned by the Company and WIll be located In
VIrgInIa Beach, VIrgInIa; and
WHEREAS, a public hearing WIth respect to the bonds as reqUIred by VIrgInIa law and
the Internal Revenue Code of 1986, as amended (the Code), was held by the Authonty on May
20, 2003, and
WHEREAS, the Mathews Authonty so held a publIc heanng WIth respect to ItS bond on
Apnl 29, 2003, and the JOInt Industnal Development Authonty of Northampton County and
Towns so held a publIc heanng WIth respect to ItS bond on May 19, 2003, and, in each instance,
adopted apprOVIng resolutions (the Authonty ResolutIons) WIth respect to the bonds on that date,
and
WHEREAS, the Authonty has adopted a resolutIon recommendIng that the CIty Council
of the CIty of VIrgInIa Beach (the CounCIl) concur WIth the Authonty ResolutIons; and
WHEREAS, SectIon 15.2-4905 of the Code of VIrgInIa of 1950, as amended (the
VIrgInIa Code), prOVIdes that the CouncIl must concur WIth the adoptIon of the Authonty
ResolutIons pnor to the Issuance of the bonds, and
WHEREAS, the Internal Revenue Code of 1986, as amended (the Code), provIdes that
the hIghest elected governmental officials of the governmental unIt havIng Junsdiction over the
area In whIch any facIlIty financed wIth the proceeds of pnvate activIty bonds IS located shall
approve the Issuance of such bonds; and
WHEREAS, the property is located In the CIty of VirginIa Beach and the members of the
CouncIl constItute the hIghest elected governmental officials of the CIty of VIrgInIa Beach; and
WHEREAS, a copy of the Authonty ResolutIons, the Authonty's resolutIon and a
statement in the form prescnbed by SectIon 15.2-4907 of the VIrgInIa Code have been filed wIth
the CouncIl.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH:
1. The Council concurs WIth the adoptIon of the Authonty Resolutions, and approves
the Issuance of Its bond by the Mathews Authority and the issuance of its bond by the
Northampton Authonty, In each case to the extent requIred by the Code and Section 15.2-4905 of
the VIrgInIa Code.
2. The concurrence WIth the Authonty ResolutIons, and the approval of the Issuance
of the bonds, as required by the Code and Section 15.2-4906 of the VIrgInia Code, does not
constitute an endorsement to a prospective purchaser of the bonds of the credItworthIness of the
Company and the bonds shall prOVIde that the CIty of VIrgInIa Beach shall not be oblIgated to
pay the bonds or the Interest thereon or other costs inCIdent thereto and neIther the faIth or credit
nor the taxing power of the Commonwealth of VirginIa or the CIty of VIrgInIa Beach shall be
pledged thereto
3 This resolutIon shall take effect ImmedIately upon Its adoption.
#832410 vI
Adopted by the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa on the 24th day of
June
, 2003
,_eo ~ '1' ,';S!. ,
APPROVED AS TO
LEGAL SUFFICleNCY
~~~
PROJECT NAME
UJFT CommunIty Campus, L.L.C
Revenue Bond
PROJECT LOCATION
IntersectIon of WItchduck and Grayson Roads.
VIrgInIa Beach, VA
TYPE OF PROJECT
FacIlItIes for educational, SOCIal and
recreatIonal actIVItIes
VIRGINIA
BEACH
VlIglnl<l Bedeh
De\'clopment ;\ lIthOllty
222 Centrdl Park Avenue, SUite 1000
VirgInia Beach, vA 23462
(757) 437-6464
FAX (757) 499-9894
Webwe www vbgov com
In Reply Refer to Our FIle No
DA1553
May 20, 2003
The Honorable Meyera E Obemdorf, Mayor
Members of CIty CouncIl
MunICIpal Center
VIrgInIa Beach, VA 23456
Re
UJFT Communzty Campus, L L C, A Vzrgznza non-stock. non-profit
corporatzon
Industnal Development Revenue Bonds
Dear Mayor Obemdorf and Members of CIty CounCIl
We submIt the followIng In connectIon WIth project UJPT CommunIty Campus, L L C, a
VIrgInIa non-stock, non-profit corporatIon, located at the IntersectIon of WItchduck and Grayson
Roads In V uglnla Beach, V uglnla
(1) EVIdence of publIcatIon of the notIce of heanng IS attached as Exhibit A, and a
summary of the statements made at the publIc heanng IS attached as Exhibit B The CIty of
VIrgInIa Beach Development Authonty's (the "Authonty") resolutIon recommendIng CouncIl's
approval IS attached as Exhibit C
(2) The DIsclosure Statement IS attached as Exhibit D
(3) The statement of the Authonty's reasons for ItS approval as a benefit for the CIty of
VIrgInIa Beach and ItS recommendatIon that CIty CounCIl approve the modIficatIon of the bonds
descnbed above IS attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of CIty CouncIl
May 20, 2003
Page 2
(4) The FIscal Impact Statement IS attached as Exhibit F
(5) Attached as Exhibit G IS a summary sheet settIng forth the type of Issue, and
IdentIfYIng the Project and the pnncIpals.
(6) Attached as Exhibit H IS a letter from the appropnate CIty department commentIng
on the ProJ ect
.7
RGJ/GLF/rab
Enclosures
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Vlrginlan-Pllot
--------------------------------------------------+---------------------------
KAUFMAN & CANOLES,
150 W MAIN ST
NORFOLK VA 23510
P C
REFERENCE
10236406
1.0303367
836191.v2
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
ThlS day, D Johnson personally appeared before
and after belng duly sworn, made oath that
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1) She is affidav1t clerk of The Virg1nian-Pilot,
a newspaper published by Landmark Communications
Inc in the c1tles of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Vlrginia Beach, Common-
wealth of Virgin1a and in the state of North
Carollna 2)That the advertlsement hereto annexed
has been published in sald newspaper on the date
stated
PUBLISHED ON
05/06 05/13
TOTAL COST:
FILED ON
AD SPACE
_ r,UTlCE OF PUBLIC HEARING TO BE HELD BY
T r t elTl OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS
Notice IS hereby given that the City of Virginia Bea h D ,L L C
~u~o;lty (the Virginia Beach Authonty), whose add~ss ~;~~~C~~\ral
a bl ~E'nue SUite 1000, Virginia Beach, VIrginia 23462 will hold a
rUL dC eavnng on the plan of finanCing of UJFT Community Campus
a Irglnla non stock, non profit corporation (th C
I ~rlnclPal bUSiness address of which IS 5041 Corpora~e ~~6;~~' the
I ~~~~t;I~? D~~:!~~~~~~c:ut~~~;~I~?~:~~:~~~~n~s~~r~~~I~~t~~I~~~
at ews Authonty) of ItS revenue bond In an amount not to exceed
N$lrtOhOOO ODD, and (b) the JOint Industnal Development Authonty of
o ampton County and Towns (the Northam t A h
enue bond In an amount not to exceed $10 ogo030o\00~~il~: ~~~ rev
Company In finanCing a campus complex to be located on an a roxI
mat~y 20 acre parcel east of the Intersection of Wltchduck ang~ray
son oads In Virginia Beach, Virginia, and near the Virginia Beach Fre
Will Baptist Church, to provide facllrtles for educational social and re e
reatlonal activities, irIcludlng an approximately 126 000 square foot c
~wo-story bUilding and outdoor recreational faCllrtles to be owned by the
thomJa~y (the Project) and used by the Tidewater Jewish Foundation
Ie; th~ ~~:I~~ag~~~~,~d~:~:er, {e;lsh Family Services of Tldewa-
United Jewish Federation of Tld:~~er o~~~mPton Roads and the
af/so finance land acqUiSItion and site prepa!:t~~~~;t~f ~~~ ?~~~~s~11I
o IssUIng the bonds The publrc hearing h h
adjourned, will be held at 8 30 a m on M:y ~O,~~O~ ~~~:~~~~ ~~r
gs'n1ta B1eOOacoh AuthOrity at ItS offices located at 222 Central Park Avenue
! UI e Virginia Beach Virginia 23462 A
the Issuance of the bonds Should appear and ;~ ~~~~~n ~terested In
who IS disabled and will reqUire an accommodation In orde~~6e~s~I~1
~~~ ~~~~e pUblrc hearing may call the Virginia Beach Authonty ~t
Please place such call at least three (3) days In advance
of t~edmeetlng and publrc hearing The bonds will not constitute a debt
I or p e ge of the faith and credIt of the Commonwealth f V
~nyt~OIr~I;aICSUbdIVlslon thereof, Including the Virginia ~ea~~g~r:h~~lty
el er e ommonwealth of Virginia nor any pofltlcal SUbdiVISion
~~er~~f ~ncludlng the Virginia Beach AuthOrity, shall be obligated to
e y tef onds, or the Interest thereon or other costs inCident thereto
t~;~~lt~~~dt~~e~~~~~~~~ea~dx~~~~;~'~~~~~ ~~~e~~n:~~I~~~~r '
fin;; n~r any political subdiVISion thereof including the Vlrglrlla Beach
o~ S~~;l\~~~~~~~~~~~~~t~h,~:~~te~~e~~t~e principal of or Interest
VP Ma- 6 2003 Cd/TYT OF VIRGINIA BEACH DEV~LOPMENT A.UTHORITY
_~_ an uesday May 13 20'13 10303357
\
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(1'1-
sion expires January 31, 2004
ExhIbit B
NOTICE OF PUBLIC HEARING TO BE HELD BY
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS, L.L C.
NotIce IS hereby gIven that the CIty of VIrgInIa Beach Development Authonty (the
VIrgInia Beach Authority), whose address IS 222 Central Park Avenue, SUIte 1000, VIrginIa
Beach, VIrgInIa 23462, WIll hold a publIc heanng on the plan of financIng ofUJFT CommunIty
Campus, L L C, a VIrgInIa non-stock, non-profit corporatIon (the Company), the pnncIpal
bUSIness address of whIch IS 5041 Corporate Woods Dnve, SUIte 150, VIrgInIa Beach, VIrgInIa
23462, for the Issuance by (a) the Industnal Development Authonty of Mathews County,
VIrgInia (the Mathews Authonty) of ItS revenue bond In an amount not to exceed $10,000,000,
and (b) the Joint Industnal Development Authority of Northampton County and Towns (the
Northampton Authonty) of ItS revenue bond in an amount not to exceed $10,000,000 to aSSIst the
Company In financIng a campus complex to be located on an approxImately 20 acre parcel east
of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa, and near
VIrgInIa Beach Free WIll BaptIst Church, to provIde faCIlItIes for educatIonal, socIal and
recreatIonal actIVItIes, IncludIng an approxImately 126,000 square foot two-story bUIldIng and
outdoor recreatIonal facIlItIes to be owned by the Company (the ProJect), and used by the
Tidewater Jewish FoundatIon, the Hebrew Academy of TIdewater, JewIsh FamIly ServIces of
TIdewater, the JewIsh CommunIty Center of Southampton Roads and the UnIted JewIsh
FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUIsItIon and SIte
preparatIon costs and the cost of ISSUIng the bonds. The public heanng, whIch may be contInued
or adjourned, WIll be held at 8.30 a.m. on May 20, 2003, before the VIrgInIa Beach Authonty at
its offices located at 222 Central Park Avenue, SUIte 1000, VIrgInIa Beach, VIrgInIa 23462. Any
person Interested In the Issuance of the bonds should appear and be heard Any person who IS
dIsabled and WIll reqUIre an accommodatIon In order to partIcipate In the publIc heanng may call
the VIrgInIa Beach Authonty at 437-6464. Please place such call at least three (3) days In
advance of the meetIng and publIc heanng The bonds WIll not constItute a debt or pledge of the
faIth and credIt of the Commonwealth of VIrginIa or any polItIcal subdIVIsIon thereof, IncludIng
the VIrgInIa Beach Authonty. NeIther the Commonwealth of VIrgInIa nor any polItIcal
subdIVIsIon thereof, IncludIng the VIrgInIa Beach Authonty, shall be oblIgated to pay the bonds,
or the Interest thereon, or other costs InCIdent thereto, except from the revenues and monIeS
pledged therefor, and neIther the faIth and credIt nor the taXIng power of the Commonwealth of
VIrgInIa nor any polItical subdIVIsIon thereof, Including the VIrgInIa Beach Authonty, WIll be
pledged to the payment of the pnncIpal of or Interest on such bonds or other costs InCIdent
thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
To be published in The Vir!!inian Pilot on Tuesday~ May 6~ 2003~ and Tuesday~ May 13~
2003
ExhIbIt C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(UJFT COMMUNITY CAMPUS, L.L.C. REVENUE BOND)
At 8:30 a m. on May 20, 2003, the ChaIrman of the CIty of VIrgInIa Beach Development
Authonty (the "Authonty") announced the commencement of a publIc heanng on the request of
UJFT CommunIty Campus, L L.C., a VIrgInIa non-stock corporatIon ("UJFT"), and that a notIce
of publIc heanng was publIshed once a week for two consecutIve weeks In The VIrgInIan-PIlot,
the second publIcatIon beIng not less than SIX (6) days nor more than twenty-one (21) days pnor
to the heanng. The ChaIrman indIcated that a copy of the notIce and a certIficate of publIcatIon
of such notIce have been or WIll be filed WIth the records of the Authonty and WIll be provIded to
the Clerk of the City CouncIl of the CIty of VIrgInIa Beach.
The follOWIng IndIvidual appeared and addressed the Authonty Mr. George Consolvo
appeared on behalf of UJFT. Mr. Consolvo descnbed the revenue bond of UJFT whIch IS
utIlIzed to finance the constructIon of a campus complex to be located on an approxImately 20
acre parcel east of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa,
to prOVIde facIlItIes for educatIonal, SOCIal and recreational actIvItIes, IncludIng an approxImately
126,000 square foot two-story buildIng and outdoor recreatIonal faCIlItIes to be owned by the
UJFT, and used by the TIdewater JeWIsh FoundatIon, the Hebrew Academy of TIdewater,
JeWIsh FamIly ServIces of TIdewater, the JeWIsh Community Center of Southampton Roads and
the UnIted JeWIsh FederatIon of Tidewater Mr Consolvo further added that it IS necessary
under federal and VIrgInIa law that the Authonty hold a publIc heanng and that the Issuance of
the Bonds by the Industnal Development Authonty of Mathews County, VIrgInIa, and the JOInt
Industnal Development Authonty of Northampton County and Towns be approved by the City
CouncIl of the CIty of VIrgInIa Beach. Mr. Consalvo closed hIS remarks by notIng that the
presence of the campus complex WIll enhance educatIonal, SOCIal and recreatIonal actIVItIes In
VIrgInIa Beach.
No other persons appeared to address the Authonty and the ChaIrman closed the pubhc
heanng
The Authonty then adopted a resolutIon (a) recommendIng that the CouncIl of the CIty of
VIrgInia Beach approve the Issuance of the Bonds In an amount up to $20,000,000, (b) dIrectIng
the transmISSIon of a Fiscal Impact Statement WIth respect to the Bonds to the CouncIl of the CIty
of VirgInIa Beach and (c) requestIng that its recommendatIon be receIved at the next regular or
specIal meetIng at whIch thIS matter can be properly placed on the CounCIl's agenda for heanng.
#836199 v2
ExhIbIt D
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, there has been descnbed to the CIty of VIrginIa Beach Development
Authonty (the Authonty), the plans of UJFT CommunIty Campus, L.L.C., a VIrgInia non-stock,
non-profit corporatIon (the Company) the pnncIpal bUSIness address of whIch IS 5041 Corporate
Woods Dnve, Suite 150, VIrgInIa Beach, VirgInIa 23462, for the Issuance by (a) the Industnal
Development Authority of Mathews County, VirginIa (the Mathews Authonty) of Its revenue
bond in an amount not to exceed $10,000,000 and (b) the Joint Industrial Development Authority
of Northampton County and Towns (the Northampton Authonty) of ItS revenue bond In an
amount not to exceed $10,000,000, In each Instance, to aSSIst the Company In finanCIng a
campus complex to be located on an approxImately 20 acre parcel east of the IntersectIon of
WItchduck and Grayson Roads In VIrginIa Beach, VIrgInIa, to prOVIde facIlItIes for educatIonal,
SOCIal and recreatIonal actIVIties, IncludIng an approximately 126,000 square foot two-story
buIlding and outdoor recreatIonal facIlItIes to be owned by the Company (the ProJect), and used
by the TIdewater Jewish FoundatIon, the Hebrew Academy of TIdewater, Jewish Family ServIces
of TIdewater, the JewIsh CommunIty Center of Southampton Roads and the United JewIsh
FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUISItion and SIte
preparation costs and the cost of ISSUIng the bonds; and
WHEREAS, the above faCIlItIes wIll be owned by the Company and WIll be located In
VIrgInIa Beach, VirgInIa; and
WHEREAS, a publIc hearing WIth respect to the bonds as requIred by VIrgInIa law and
the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on May
20, 2003;
WHEREAS, the Mathews Authonty so held a publIc heanng WIth respect to ItS bond on
April 29, 2003, and the JOInt Industnal Development Authonty of Northampton County and
Towns so held a public heanng WIth respect to Its bond on May 19, 2003, and, In each Instance,
adopted apprOVIng resolutions (the Authority Resolutions) WIth respect to the bonds on that date,
and
WHEREAS, the Company has elected to proceed WIth a plan of finance pursuant to
whIch the bonds WIll be pnvately placed with a group of banks led by Bank of Amenca, N A.
(the Lender), for ItS own account and for Investment purposes, and
WHEREAS, the Company In ItS appearance before the Authonty has descnbed the debt
service cost savings relating to the Issuance of the bonds as qualIfied tax-exempt oblIgatIons
WIthIn the meanIng of 9265(b )(3) of the Code and the SOCIal, educatIonal, recreatIonal and other
benefits to the CIty of VIrgInIa Beach to be denved [rom the Issuance of the bonds to finance the
ProJect,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY.
1. It IS hereby found and determIned that the Issuance of the bonds wIll benefit the
InhabItants of the CIty of VIrgInIa Beach and promote theIr safety, health, welfare, convenIence
and prosperity.
2 To assist the Company, the Authority hereby recommends that the CIty CouncIl of
the CIty of VIrgInIa Beach, VIrginIa (the CouncIl), concur wIth the ApprovIng ResolutIons, the
forms of whIch have been presented at thIS meetIng, as requIred by 915.2-4905 of the Code of
VirgInIa of 1950, as amended (the VIrginIa Code), and hereby dIrects the Chairman or Vice
ChaIrman of the Authonty to submIt to the CouncIl the statement in the form prescnbed by
915.2-4907 of the VirgInIa Code, a reasonably detailed summary of the comments expressed at
the public hearing held by the Authonty pursuant to 915.2-4906 of the VirgInIa Code, and a copy
of thIS resolutIon.
3. All costs and expenses In connectIon with the financing plan shall be paid from
the proceeds of the bonds to the extent permItted by law or from funds of the Company and the
Authority shall have no responsibilIty therefor.
4. All acts of the officers of the Authority which are In conformIty WIth the purposes
and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby
approved and confirmed.
5 ThIS resolutIon shall take effect Immediately upon its adoption.
The underSIgned hereby certIfies that the above resolutIOn was duly adopted by a roll call
vote of the commISSIoners of the CIty of VIrgInIa Beach Development Authonty at a meetIng
duly called and held on May 20, 2003, and that such resolutIon IS In full force and effect on the
date hereof.
Dated: \'f\c-,,- ~ ~L 0
\
, 2003
~
\\~~'~~~'~~~~~~ment
Authon ty
#832409 v2
2
ExhIbIt E
DISCLOSURE STATEMENT
Date. May 20, 2003
ApplIcant's Name(s). UJFT Community Campus, L.L.C.
All Owners (If dIfferent from applIcant): N/A
Type of Application:
RezonIng. From
To
CondItIonal Use PermIt:
Street Closure.
SubdIVISIon Vanance.
Other. Revenue Bonds issued through the Industrial Development Authority of
Mathews County, Virginia, and the Joint Industrial Development Authority of
Northampton County and Towns
******************************************************************************
The following is to be completed by or for the Applicant:
1. If the applIcant IS a CORPORATION, lIst all the officers of the CorporatIon
See attached schedule.
2 If the applIcant IS a PARTNERSHIP, FIRM or other UnIncorporated OrganIzatIon, lIst all
members or partners In the organIzatIon. N/ A
The follOWIng IS to be completed by or for the Owner (If dIfferent from the applIcant)
1 If the Owner IS a CORPORATION, lIst all the officers of the CorporatIon: N/A
2 If the Owner IS a PARTNERSHIP, FIRM or other UnIncorporated OrganIzatIon, lIst all
members or partners In the organIzatIon: N/ A
UJFT~UNITY CAMPUS, L.L.C.
/~
Hi:, t:t! { ,~---
Its: , JC-CIt.&7i1P'r
BOARD OF DIRECTORS AND OFFICERS OF
UJFT COMMUNITY CAMPUS. L.L C.
Robert o. Copeland, Manager
Robert H J osephberg, Manager
Ron Kramer, Manager
PhIlIp S. Rovner, Secretary
TIdewater JewIsh FoundatIon, Inc. - SIngle Member
#836180 vI
Schedule to
DIsclosure Statement
VIRGINIA
BEACH
VllglIlld Beach
Development <\uthonty
222 Central Park Avenue, SuIte 1000
VlrglOla Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webslte www vbgov com
I EXHIB IT F
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(UJFT COMMUNITY CAMPUS, L.L.C.)
The Authonty recommends approval of the captIoned financIngs. The financlngs
WIll benefit the cItIzens of the CIty of VIrgInIa Beach, VIrgInIa, by prOVIdIng Improved
educatIonal SOCIal and recreatIonal facIlItIes whIch promotes the health and welfare of the CIty'S
cItIzens.
,EXHIBIT G
FISCAL IMP ACT STATEMENT
SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersIgned applIcant, m order to pernut the CIty of V rrgmm Beach Development Authonty subnnssIOn of
the followmg mformatIOn m complIance WIth SeCTIon 152-4907 of the Code ofVrrg1Illa of 1950, as amended, states
Name of applIcant UJFT Commuruty Campus, L L C
FacIlIty
Located m Vrrg1Illa Beach, Vrrg1Illa
Maxrmum amount of fmancmg sought
$20,000,000
2
Estunated taxable value of faCIlIty's real property to be
constructed m the localIty
23,000,000
3
Estunated real property tax per year usmg present tax rates
-0-
4
Estunated personal property tax per year usmg present tax rates
-0-
5
Estlmated merchant's capItal tax per year usmg present tax rates
-0-
6
a
Estlmated dollar value per year of goods that WIll be purchased
from V rrg1Illa compames WIthm the localIty
300,000
b
Estlmated dollar value per year of goods that WIll be purchased
from non- V rrg1Illa compames WIthm the localIty
100,000
c
Estunated dollar value per year of servIces that WIll be purchased
from V rrg1Illa compames WIthm the localIty
100,000
d
Estunated dollar value per year of servIces that WIll be purchased
from non- V rrg1Illa compames WIthm the localIty
-0-
7
Estunated number of regular employees on year round baSIS
120
8
Average annual salary per employee
20,750
Dated May 20, 2003
UJFT COMMUNITY CAMPUS, L L C
(; ........')1.A.-
Authonzed RepresentatIve
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By
#836179 vI
EXHIBIT H
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH INDUSTRIAL DEVELOPMENT
AUTHORITY OF MATHEWS COUNTY, VIRGINIA, AND JOINT INDUSTRIAL
DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS
UJFT COMMUNITY CAMPUS, L L C. REVENUE BONDS
1.
UJFT COMMUNITY CAMPUS, L L C.
PROJECT NAME.
2.
LOCATION.
WItchduck and Grayson Roads
V IrgInIa Beach, V A
3.
FaCIlItIes for educational, SOCIal and
recreatIonal actIvIties
DESCRIPTION OF PROJECT:
4.
$20,000,000
AMOUNT OF BOND ISSUE:
5
See attached lIst of officers and dtrectors
PRINCIPALS.
6 ZONING CLASSIFICATION
a Present zonIng classIficatIon
of the Property
b.
Is rezoning proposed:
Yes
No~
c If so, to what zonIng classIficatIon? N/ A
BOARD OF DIRECTORS AND OFFICERS OF
UJFT COMMUNITY CAMPUS. L L C
Robert 0 Copeland, Manager
Robert H J osephberg, Manager
Ron Kramer, Manager
PhIlIp S Rovner, Secretary
TIdewater JewIsh FoundatIon, Inc. - SIngle Member
#836182 vI
Schedule to
Summary Sheet
VIRGINIA
BEff~CH
Vlrglllla Beach
Development Authonty
222 Centlal Park Avenue, SUite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webslte www vbgov com
EXHIBIT I
May 20, 2003
Mr. Robert G. Jones
Chairman
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: UJFT Community Campus, L.L.C. Industrial Development Revenue Bonds
Dear Bob:
It is the finding of the Department of Economic Development that the proposed purchase
of an approxImately 20 acre parcel located east of the intersection of Witchduck and Grayson
Roads in Virginia Beach to construct an approximately 126,000 sq. ft. two-story building and
outdoor recreational facilities will be in the public's best interest and benefit the citizens of
Virginia Beach. This proposed project will increase annual employment, stimulate the local
economy, increase the tax base, and prOVIde educational, social and recreational facilities that
WIll promote the health and welfare of the City's citizens
I will be happy to answer any questions you may have.
S incerel y,
-~O-,~
Mark R. Wawner
Proj ect Development Manager
MRW:lls
. t
EXHIBIT J
RESOLUTION OF
INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON
COUNTY AND TOWNS
WHEREAS, there has been descnbed to the Industnal Development Authonty of
Northampton County and Towns (the Authonty) the plans of the UJFT CommunIty Campus,
L.L.C (the Company) for the Issuance of the Authonty's revenue bond (the Bond) In an amount not
to exceed $10,000,000; and
WHEREAS, the Company has elected to proceed wIth a plan of finance pursuant to which
the Bond WIll be pnvately placed wIth a group of banks lead by Bank of Amenca, N A (the
Lender), for Its own account and for Investment purposes, and
WHEREAS, the Company In Its appearance before the Authonty has descnbed the debt
servIce cost savIngs relatIng to the Issuance of the Bond as a "qualIfied tax-exempt oblIgatIon"
wIthIn the meanIng of SectIon 265(b )(3) of the Internal Revenue Code of 1986, as amended (the
Code), and has represented that the Company IS a corporatIon descnbed In SectIon 501(c)(3) of the
Code whIch IS not organIzed and operated exclUSIvely for relIgIOUS purposes and whIch IS exempt
from federal Income taxatIon pursuant to SectIon 501(a) of the Code; and
WHEREAS, the Company In ItS appearance before the Authonty has descnbed the
educatIonal, health, recreatIonal and other benefits to the CIty of VIrgInIa Beach (the CIty) and the
Commonwealth of VIrgInIa to be denved from the Issuance of the Bond and has requested the
Authonty to agree to Issue the Bond under the Industnal Development and Revenue Bond Act,
Chapter 49, TItle 15.2, Code of VIrgInIa of 1950, as amended (the Act), to aSSIst the Company In
permanently finanCIng a campus complex to be located on an approxImately 20 acre parcel east
of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa, to prOVIde
faCIlItIes for educatIonal, SOCIal and recreatIonal actIVItIes, IncludIng an approxImately 126,000
square foot two-story buIldIng and outdoor recreatIonal facIlItIes to be owned by the Company
(the "ProJect"), and used by the TIdewater JeWIsh FoundatIon, the Hebrew Academy of
TIdewater, JeWIsh FamIly ServIces of TIdewater, the JeWIsh CommunIty Center of Southampton
Roads and the UnIted JeWIsh FederatIon of TIdewater; and
WHEREAS, the proceeds of the bond WIll also finance land acqUISItIon and SIte
preparatIon costs and the cost of ISSUIng the bond, and
WHEREAS, a publIc hearIng has been held by the Authonty as requIred by the Act and
SectIon 147(f) of the Code on the date hereof;
WHEREAS, there have been presented to thIS meetIng the forms of the follOWIng
documents and Instruments whIch the Authonty proposes to execute to carry out the transactIons
descnbed above:
(a) Bond Purchase and FInanCIng Agreement (the Bond Purchase Agreement),
dated as of June 1, 2003, among the Authonty, the Company and the Lender, together WIth the
Company's promISSOry note (the Note) payable to the Authonty, and
(b) The Authonty's $10,000,000 Revenue Bond (UJFT CommunIty Campus
ProJect) Senes 2003 (the Bond), In regIstered form, and payable and beanng Interest as set forth
thereIn
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
NORTHAMPTON COUNTY AND TOWNS:
1. It IS hereby found and determIned that the plan of finance descnbed above IS In
accordance wIth the purposes of the Act and WIll benefit the InhabItants of Northampton County,
V IrgInIa, and the Commonwealth of VIrgInIa and promote theIr safety, health, educatIon and
welfare
2. To aSSIst the Company In such plan of finance, the Authonty hereby agrees to
undertake the Issuance of the Bond. As the Company and the Lender have not finalIzed the term
and rate of Interest on the Bond, the ChaIrman or VIce ChaIrman of the Authonty IS hereby
authonzed to approve such matters; prOVIded that the term of the Bond shall not exceed twenty-five
(25) years and the InItIal rate of Interest on the Bond, whIch WIll bear Interest at a vanable rate, shall
not exceed SIX percent (6%) per annum
3 Concurrently WIth the Issuance of the Bond, the ChaIrman or VIce ChaIrman of the
Authonty IS hereby authonzed and dIrected to execute and to delIver the Bond Purchase Agreement
to the other partIes thereto
4. Subject to the lImItatIons set forth In paragraph 2 hereof, the ChaIrman or VIce
ChaIrman of the Authonty IS hereby authonzed and dIrected to execute, the Secretary or ASSIstant
Secretary IS authonzed and dIrected to affix and attest the seal of the Authonty, and eIther IS
authonzed and dIrected to delIver the Bond to the Lender upon the terms prOVIded In the Bond
Purchase Agreement; provided, however, that delIvery of the Bond shall not occur (a) untIl the
Bond has been approved by the Board of SupervIsors of Northampton County, VIrgInIa (the
Board), (b) untIl the CIty ofVugInIa Beach Development Authonty has conducted a publIc heanng
In accordance WIth the Act and the Code WIth respect to the Bond and (c) untIl the CIty CouncIl of
the CIty of VIrgInIa Beach by resolutIon (the Concumng ResolutIon) concurs WIth the adoptIon of
thIS resolutIon In accordance WIth the Act. All terms of the Bond are by thIS reference thereto
Incorporated hereIn as a part of thIS resolutIon
5. The ChaIrman or VIce ChaIrman of the Authority IS hereby authonzed and dIrected
to execute and delIver to the Lender an aSSIgnment of the Note and of the nghts of the Authonty
under the Bond Purchase Agreement (except for the reserved nghts set forth thereIn)
6. The Bond Purchase Agreement, the Note and the Bond shall be In substantIally the
forms presented at thIS meetIng whIch are hereby approved, WIth such completIons, omISSIons,
InsertIons and changes as may be approved by the ChaIrman or V Ice ChaIrman of the Authonty, hIS
executIon to constItute conclUSIve eVIdence of hIS approval of any such omISSIons, InsertIons and
changes.
2
7 The officers of the Authonty are hereby authonzed and dIrected to execute and
delIver all certIficates and instruments, IncludIng Internal Revenue Service Form 8038, and to take
all such further actIon as they may consIder necessary or deSIrable In connectIon WIth the Issuance
and sale of the Bond and the undertakIng of the plan of finance descnbed hereIn
8 The Authonty hereby agrees to the recommendatIon of the Company that
Kaufman & Canoles, P.C., Norfolk, VIrgInIa, be appoInted as bond counsel and hereby appOInts
such firm to supervIse the proceedIngs and approve the Issuance of the Bond The Authonty hereby
further appOInts McGUIre Woods LLP as the Authonty's counsel to approve the Issuance of the
Bond.
9 All costs and expenses In connectIon with the finanCIng, IncludIng the Authonty's
admInIstratIve fees, the fees and expenses of bond counsel, counsel for the Authonty and counsel
for the Lender, shall be paId from the proceeds of the Bond or from funds of the Company. If for
any reason the Bond IS not Issued, It IS understood that all such fees and expenses (other than the
Authonty's admInIstratIve fee whIch IS payable only If the Bond IS Issued) shall be paId by the
Company and that the Authonty shall have no responsIbIlIty therefor
10. In adoptIng thIS resolutIon, the Authonty Intends to eVIdence "officIal Intent" WIthIn
the meanIng of Treasury RegulatIons SectIon 1 150-2. The Authonty, IncludIng ItS dIrectors,
officers, employees, agents and counsel, shall not be lIable and hereby dIsclaIms all lIabIlIty to any
person for any damages, dIrect or consequentIal, resultIng from the Authonty's faIlure to Issue the
Bond or for any other reason, and the Company shall agree to IndemnIfy and hold harmless the
Authonty and ItS dIrectors, officers, employees, agents and counsel from and agaInst all lIabIlItIes,
claIms, penaltIes, losses, costs and expenses In any way connected WIth the Project or the Issuance
of the Bond
11. The Authonty hereby deSIgnates the Bond a "qualIfied tax-exempt oblIgatIon"
WIthIn the meanIng of SectIon 265(b )(3) of the Code for calendar year 2003
12. The Authonty's officers shall perform such other acts and adopt such further
resolutIons as may be requIred to Implement ItS undertakIngs as hereInabove set forth
13. The Authonty hereby recommends that the Board approve the Issuance of the Bond
and hereby dIrects the ChaIrman or VIce ChaIrman to submIt to the Board the statement In the form
prescnbed by SectIon 15 2-4907 of the Act, to prOVIde to the Board a reasonably detaIled summary
of the comments expressed at the publIc hearIng requIred by SectIon 15 2-4906 of the Act, and to
prOVIde a copy of thIS resolutIon and, upon ItS receIpt, a copy of the Concumng ResolutIon
14. NeIther the Authonty nor the County have endorsed the credItworthIness of the
Company or the abIlIty of the Company to repay the Note and any purchaser of the Bond shall agree
to purchase the Bond at theIr sole nsk and that no representatIons of any kInd have been made to
the Lender by eIther the Authonty or the County
15. ThIS resolutIon shall take effect ImmedIately upon ItS adoptIon.
3
'" .
The undersIgned hereby certIfies that the above resolutIon was duly adopted by roll call vote
by a maJonty of the dIrectors of the Industnal Development Authonty of Northampton County and
Towns, at a meetIng duly called and held on May 19, 2003, and that such resolutIon IS In full force
and effect on the date hereof
Dated. j11A if /1
, 2003
tflgo~
Se tary, Industnal Development Authonty
of Northampton County and Towns
#838314vl
4
EXHIBIT K
RESOLUTION OF
INDUSTRIAL DEVELOPMENT AUTHORITY
OF MATHEWS COUNTY, VIRGINIA
WHEREAS, there has been described to the Industrial Development Authority of Mathews
County, Virginia (the Authority), the plans of the UJFT Community Campus, L.L.C. (the
Company) for the issuance of the Authority's revenue bond (the Bond) in an amount not to exceed
$10,000,000; and
WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which
the Bond will be privately placed with a group of banks lead by Bank of America, N.A. (the
Lender), for its own account and for investment purposes; and
WHEREAS, the Company in its appearance before the Authority has described the debt
service cost savings relatIng to the issuance of the Bond as a "qualified tax-exempt obligation"
within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the
Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the
Code which is not organized and operated exclusively for religious purposes and which is exempt
from federal income taxation pursuant to Section 501(a) of the Code; and
WHEREAS, the Company in its appearance before the Authority has described the
educational, health, recreational and other benefits to the City of Virginia Beach (the City) and the
Commonwealth of Virginia to be derived from the issuance of the Bond and has requested the
Authority to agree to Issue the Bond under the Industrial Development and Revenue Bond Act,
Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act), to assist the Company in
permanently finanCIng a campus complex to be located on an approximately 20 acre parcel east
of the Intersection of Witchduck and Grayson Roads in Virginia Beach, Virginia, to prOVIde
facilities for educational, social and recreatIonal activIties, including an approximately 126,000
square foot two-story building and outdoor recreational facilities to be owned by the Company
(the "Project"), and used by the Tidewater Jewish Foundation, the Hebrew Academy of
Tidewater, Jewish Family ServIces of Tidewater, the Jewish Community Center of Southampton
Roads and the United Jewish Federation of Tidewater; and
WHEREAS, the proceeds of the bond will also finance land acquisition and site
preparation costs and the cost of issuing the bond; and
WHEREAS, a public hearing has been held by the Authority as required by the Act and
Section 147(f) of the Code on the date hereof;
WHEREAS, there have been presented to this meeting the forms of the following
documents and instruments which the Authority proposes to execute to carry out the transactions
described above:
(a) Bond Purchase and Financing Agreement (the Bond Purchase Agreement),
dated as of June I, 2003, among the Authority, the Company and the Lender, together with the
Company's promissory note (the Note) payable to the Authority; and
(b) The Authority's $10,000,000 Revenue Bond (UJFT Community Campus
Project) Series 2003 (the Bond), in registered form, and payable and bearing interest as set forth
thereIn.
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
MATHEWS COUNTY, VIRGINIA:
I. It is hereby found and determined that the plan of finance described above is in
accordance with the purposes of the Act and will benefit the inhabitants of Mathews County,
Virginia, and the Commonwealth of Virginia and promote their safety, health, education and
welfare.
2. To assist the Company in such plan of finance, the Authority hereby agrees to
undertake the issuance of the Bond. As the Company and the Lender have not finalized the term
and rate of interest on the Bond, the Chairman or Vice Chairman of the Authority is hereby
authorized to approve such matters; provided that the term of the Bond shall not exceed twenty-five
(25) years and the initial rate of interest on the Bond, which will bear interest at a variable rate, shall
not exceed six percent (6%) per annum.
3 Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the
Authority is hereby authorized and directed to execute and to deliver the Bond Purchase Agreement
to the other parties thereto.
4. Subject to the limitations set forth in paragraph 2 hereof, the Chairman or VIce
Chairman of the Authority is hereby authorized and directed to execute, the Secretary or Assistant
Secretary is authorized and directed to affix and attest the seal of the Authority, and either is
authorized and directed to deliver the Bond to the Lender upon the terms provided in the Bond
Purchase Agreement; provided, however, that delivery of the Bond shall not occur (a) until the
Bond has been approved by the Board of Supervisors of Mathews County, Virginia (the Board),
(b) until the City of Virginia Beach Development Authority has conducted a public hearing in
accordance with the Act and the Code with respect to the Bond and (c) until the City Council of the
City of Virginia Beach by resolutIon (the Concurring Resolution) concurs with the adoption of this
resolution in accordance with the Act. All terms of the Bond are by this reference thereto
incorporated herein as a part of this resolution.
5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed
to execute and deliver to the Lender an assignment of the Note and of the rights of the Authority
under the Bond Purchase Agreement (except for the reserved rights set forth therein).
6. The Bond Purchase Agreement, the Note and the Bond shall be in substantially the
forms presented at thIS meeting which are hereby approved, with such completions, omissions,
insertions and changes as may be approved by the Chairman or Vice Chairman of the Authority, his
2
execution to constitute conclusive evidence of his approval of any such omissions, insertions and
changes.
7. The officers of the Authority are hereby authorized and directed to execute and
deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take
all such further action as they may consider necessary or desirable in connection with the issuance
and sale of the Bond and the undertaking of the plan of finance described herein.
8. The Authority hereby agrees to the recommendation of the Company that
Kaufman & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints
such firm to supervise the proceedings and approve the issuance of the Bond. The Authority hereby
further appoints McGuire Woods LLP as the Authority's counsel to approve the issuance of the
Bond.
9. All costs and expenses in connection with the financing, including the Authority's
administrative fees, the fees and expenses of bond counsel, counsel for the Authority and counsel
for the Lender, shall be paid from the proceeds of the Bond or from funds of the Company. If for
any reason the Bond is not issued, it is understood that all such fees and expenses (other than the
Authority's administrative fee which is payable only if the Bond is issued) shall be paid by the
Company and that the Authority shall have no responsibility therefor.
10. In adopting this resolution, the Authority intends to evidence "official intent" within
the meaning of Treasury Regulations Section 1.150-2. The Authority, including its directors,
officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any
person for any damages, direct or consequential, resulting from the Authority's failure to issue the
Bond or for any other reason, and the Company shall agree to indemnify and hold harmless the
Authority and its directors, officers, employees, agents and counsel from and against all liabilities,
claims, penaltIes, losses, costs and expenses in any way connected with the Project or the issuance
of the Bond.
11. The Authority hereby designates the Bond a "qualified tax-exempt obligation"
within the meaning of Section 265(b)(3) of the Code for calendar year 2003.
12. The Authority's officers shall perform such other acts and adopt such further
resolutions as may be required to implement its undertakings as hereinabove set forth.
13. The Authority hereby recommends that the Board approve the issuance of the Bond
and hereby directs the Chairman or Vice Chairman to submit to the Board the statement in the form
prescribed by Section 15.2-4907 of the Act, to provide to the Board a reasonably detailed summary
of the comments expressed at the public hearing required by Section 15.2-4906 of the Act, and to
provide a copy of this resolution and, upon its receipt, a copy of the Concurring Resolution
14. Neither the Authority nor the County have endorsed the creditworthiness of the
Company or the ability of the Company to repay the Note and any purchaser of the Bond shall agree
to purchase the Bond at their sole risk and that no representatIons of any kInd have been made to
the Lender by either the Authority or the County.
3
15. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by roll call vote
by a majority of the directors of the Industrial Development Authority of Mathews County,
Virginia, at a meeting duly called and held on April 29, 2003, and that such resolution is in full
force and effect on the date hereof.
Dated: . /IA' 11~ 'I , 2003
-- ,
Secr ry, Industrial Development Authority
of Mathews County, Virginia
#832407 v2
4
- 29-
Item V-J.2.
RESOLUTIONS/ORDINANCES
ITEM # 51336
Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Resolutzon re Revenue Bond zssuance by the City of Virginia Beach
Development Authority:
LifeNet
Not to exceed $21,000,000
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, Rzchard A Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24, 2003
LOCATION
MAP
Applicant:
LifeNet, a Virginia non-stock corporation
Project:
Construction and equipping of tissue bank
facllity and office building, and purchase
of the property at the southeast quadrant
of the ~ntersection of Princess Anne Road
and Concert Drive, virginia Beach, Virg~nia
consisting of 15.82 acres.
Bonds:
Not to exceed $21,000,000 revenue bonds
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
LIFENET
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provIdes
that the hIghest elected governmental officIals of the governmental unIts haVIng JunsdIctIon over
the Issue of private actIVIty bonds and over the area In whIch any faCIlIty financed WIth the
proceeds of pnvate actIVIty bonds IS located shall approve the Issuance of such bonds; and
WHEREAS, the CIty of VirgInIa Beach Development Authonty (the "Authonty") Issues
ItS bonds on behalf of the CIty of VIrgInIa Beach, VIrgInIa (the "CIty") and the members of the
CIty CouncIl of the CIty (the "CouncIl") constitute the hIghest elected governmental offiCIals of
the CIty; and
WHEREAS, SectIon 15.2-4906 of the Code of VIrgInia of 1950, as amended (the
"VIrginIa Code"), prOVIdes that the Council shall WIthin 60 calendar days from the date of the
public hearing WIth respect to industrial development revenue bonds eIther approve or
dIsapprove the Issuance of such bonds; and
WHEREAS, the City of VirginIa Beach Development Authonty (the "Authonty') held a
publIc hearIng on May 20, 2003 WIth respect to the applIcatIon of LIfeNet (the "Company") for
the Issuance of the Authonty's Industnal Development Revenue Bonds In an amount not to
exceed $21,000,000.00 (the "Bonds") to assist the Company In finanCIng (A) the acqUISItIon of
an approxImately 15.82 acre tract of land at the eastern end of a 22.39 acre tract and a five-year
optIon to purchase the addItIonal 6.57 acres, all located In the southeast quadrant of the
IntersectIon of Pnncess Anne Road and Concert Dnve, VIrgInIa Beach, VIrgInIa, (B) the
development, constructIon and eqUIppIng on the Property of an organ procurement and tissue
processIng facIlIty containIng approxImately 40,000:i: square feet and an office and
admInIstratIon facIlIty contaInIng approxImately 58,000:i: square feet, and (C) the costs of
Issuance of the Bonds (collectIvely, the "Project"), and
WHEREAS, follOWIng the publIc heanng held May 20, 2003, the Authonty approved the
Issuance of the Bonds In an amount not to exceed $21,000,000 for the benefit of the Company to
finance the ProJ ect; and
WHEREAS, the AuthOrIty has favorably conSIdered the Company's applIcatIon and a
copy of the Authonty's resolutIon apprOVIng the Issuance of the Bonds, subject to terms to be
agreed on, a reasonably detaIled summary of the comments expressed at the publIc hearIng WIth
respect to the Bonds and a statement In the form preSCrIbed by SectIon 15.2-4907 of the VIrgInia
Code have been filed WIth the CouncIl, together WIth the Authonty's recommendatIon that the
CouncIl approve the Issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made In the preambles to this Resolution are hereby adopted as a part
of this ResolutIon
2 The CIty CounCIl approves the Issuance of the Bonds by the AuthOrIty to aSSIst In
the finanCIng of the Project for the benefit of the Company to the extent of and as required by
SectIon 147(f)(2) of the Tax Code and SectIon 15.2-4906 of the VIrgInIa Code. The approval of
the Issuance of the Bonds, as requIred by SectIon 147(f)(2) of the Tax Code and SectIon 15.2-
4906 of the VIrgInIa Code, does not constItute an endorsement of the Bonds or the
credItworthIness of the Company, but, as requIred by SectIon 15.2-4909 of the VIrgInIa Code,
the Bonds shall prOVIde that neIther the CIty nor the AuthOrIty shall be oblIgated to pay the
2
Bonds or the Interest thereon or other costs InCIdent thereto except from the revenues and monIes
pledged therefor and neIther the faIth, credIt nor taxIng power of the Commonwealth of VIrgInIa,
the CIty or the AuthorIty shall be pledged thereto.
3 In adoptIng thIS ResolutIon, the CIty, IncludIng Its elected representatIves,
officers, employees and agents, shall not be lIable and hereby dISclaIms all lIabIlIty for any
damages to any person, dIrect or consequentIal, resultIng from the Authonty's faIlure to Issue the
Bonds for any reason.
4 This ResolutIon shall take effect ImmedIately on ItS adoptIon.
Adopted by a quorum of the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa, on June 24,
2003.
#397692 vI - ResolutIOn-CIty Counctl-LlfeNet
APPROVED AS TO
LEGAl SUFFICIENCY
~~~
6-/.3-0:>
~
3
VIRGINIA
BEACH
VII gIn 1.1 Be.1dl
Development ;\ lIthOJ Ity
222 Central Park Avenue, SUIte 1000
Virginia Beach vA 23462
(757) 437-6464
FAX (757) 499-9894
Web\lte www vbgO\' com
In Reply Refer to Our FIle No
DA1552
May 20, 2003
The Honorable Meyera E Oberndorf. Mayor
Members of CIty CounCIl
MunICIpal Center
V IrgInIa Beach, VA 23456
Re.
LifeNet, a Virginia non-profit, non-stock and non-member corporatlon
Industnal Development Revenue Bonds
Dear Mayor Obemdorf and Members of CIty CounCIl.
We submIt the followIng In connection WIth project LIfeNet, a VIrgInIa non-profit, non-
stock and non-member corporation, located at the Intersection of Pnncess Anne Road and
Concert Dnve In VIrgInIa Beach, VIrgInIa
(1) EVIdence of publIcation of the notice of heanng IS attached as Exhibit A, and a
summary of the statements made at the publIc heanng IS attached as Exhibit B The CIty of
VIrgInIa Beach Development Authonty's (the "Authonty") resolution recommendIng CouncIl's
approval IS attached as Exhibit C
(2) The DIsclosure Statement IS attached as Exhibit D
(3) The statement of the Authonty's reasons for Its approval as a benefit for the CIty of
VIrgInIa Beach and ItS recommendation that CIty CouncIl approve the modIficatIon of the bonds
descnbed above IS attached as Exhibit E.
(4) The FIscal Impact Statement IS attached as Exhibit F
The Honorable Meyera E Obemdorf, Mayor
Members of CIty Councll
May 20, 2003
Page 2
(5) Attached as Exhibit G IS a summary sheet settIng forth the type of Issue, and
IdentIfYIng the Project and the pnncIpals
(6) Attached as Exhibit H IS a letter from the appropnate CIty department commentIng
on the ProJ ect
---
RGJ/GLF/rab
Enclosures
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Vlrglnian-Pilot
--------------------------------------------------+---------------------------
WILLIAMS, MULLENS, CLARK, DOBB
ONE COLUMBUS CENTER
FRAN HILDRETH
VA BEACH VA 23462
REFERENCE 10250043
10304922
392304v1
NOTICE OF PUBLIC HEA
State of Vlrginia
City of Norfolk
ThlS day, D. Johnson personally appeared before
and after being duly sworn, made oath that
1) She is affidavlt clerk of The Virginian-Pllot,
a newspaper published by Landmark Communications
Ine , ln the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virglnla Beach, Common-
wealth of Virginla and in the state of North
Carolina 2)That the advertisement hereto annexed
has been publlshed ln sald newspaper on the date
stated
PUBLISHED ON 05/06 OS/13
AD SPACE 72
~":~5-<~~;itki~>:''-;~~-7'{-:'~ -.~ "~~~~-,;gzi '~;<,~ -"
': :: ':>pl'i ;"'~;clo;; :HtAlr.flG';"'.~':~2~...~-,.': ., I
_ ON PROP-OSEDJIMNUEoBOND F1NANCJNG'.onHE .
, ,'CITY .oF:VIRGJNIAJltACH DEVELORMtNTAUTHORm'
Notice IS hereby gJVen that the Crty. sf -Vl/'g1/l18 .Beaoh .Development
Authority (~he t:Al.lthorjty:~h,wbo,~eJlddress~~~~ Central Rark;A.venue,:
SUite 1000, .Wg'mla .BeachfVlfiJllla,WJIII hold II publio iheanng at B '30 I
a m on Tuesday, May'20, <!003, on the apphcatlon and plan offmanc
; 109 'Of IJfeN~t, whose Principal place of bUsiness Is-located at ..5809'
Ward Oourti'.\'lrglnla Beaall, '\lA,' 23455 (the ~Companfj, fot the ISSU
Bnce of the AuJhorJty'~,Rev.e"ue !ikiods,(;BllnaS....J>jlursuant to Chapter
643 of the .Acts ~f AssBlJlbry-ef 1964,' as ,am_ended and supplemented
by the Indust,rtat -Del{~ ReveJ1\1e' Bond Act, Title 152,:
C"apter 49'ofthe Cotta'll >19J5P,'~s amended (the "Act"), In,
an amount 'JlQL1G .exched' tQOO, t\) 8S$1$t .the -Company In:
fman~,"g {A) the.BcaUl51. ~Q~"lOf~J1."8PprCI)1$t~JY '15.J'l2,.,acre~tr<lctof'
lan(l at.the<ea$~Jn~Ii~.Qf~,2f,a~1lw.:~ .~nd.a fjy~e~r option to~
puroha~e thEl;1lddlt!prilht!.61.'eCrl!S;iBl!<l ~ hi tl\e.6o\ltheast quad-,
{ant of the ~~rsectjo,n"Qf'1:!rJno.tiss:All/i~oad ancj 'CQrlcel1 'DrlVe VIr,'
gl~ia ~eseh;;; Irgu'\I~"' ~S6 ,(the ~~perW''<i;. {B).it:J:llhdev.elopment,
c~Jna<S! 9~~f~n,;orgat1~rocutement '
an ' 019-00 square
j\llPPfQj'lm<lWly
ds1coU{!c
tKlt 'Pledge
IfjQ!:', . r IAla aeach~,VJfgihla;'ofthe
. ~$I$lY:4{oJj,-~enUeS.:tlerlVed'lrorn the
ComP8ny,lno,> ~ ose J'~venlJeso 'f~y persons tnterested In
the Issual1,oEt~f .<ttJe; >Of- th@,19cB!lon -or nature io1.'thfl ,prjlposed
ProJect'maYllppeer and'behearo,- A coPy of the Comp,al'/y's appllca
tlOn>ls~Jlle a~cj IS open fD!,1nspeotJM et'the-Alrthonty'S office dur
!fig bU$lnes$ hc:>urs ~c ,~ ,"'~' ,
,- ,,' .cITV!1F"WIUilI
vr~
on the day and year
January 31, 2004
Exhiblt A
NOTICE OF PUBLIC HEARING
ON PROPOSED REVENUE BOND FINANCING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notlce IS hereby gIven that the City of VugInIa Beach Development Authonty
(the "Authonty"), whose address IS 222 Central Park Avenue, SUIte 1 000, VIrgInia Beach,
VIrgInIa, WIll hold a publIc heanng at 8 30 a.m. on Tuesday, May 20, 2003, on the apphcatlon
and plan of finanCIng of LIfeNet, whose prinCIpal place of bUSIness IS located at 5809 Ward
Court, VugInIa Beach, VA 23455 (the "Company"), for the Issuance of the Authority's Revenue
Bonds ("Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and
supplemented by the Industnal Development and Revenue Bond Act, TItle 15 2, Chapter 49 of
the Code of VIrgInIa of 1950, as amended (the "Act"), In an amount not to exceed $21,000,000
to assist the Company In finanCIng (A) the acquIsItion of an approximately 15 82 acre tract of
land at the eastern end of a 22 39 acre tract and a five-year option to purchase the addItIonal 6.57
acres, all located In the southeast quadrant of the IntersectIon of Pnncess Anne Road and Concert
Dnve, VIrgInIa Beach, VugInIa 23456 (the "Property"), (B) the development, constructIon and
equIpping on the Property of an organ procurement and tissue processIng faCIlIty contaInIng
approxImately 40,000 square feet and an office and admInistratIon faCIlIty contaInIng
approxImately 58,000 square feet and (C) the costs of Issuance of the Bonds (collectIvely, the
"ProJect"). As requIred by the Act, the Bonds WIll not pledge the credIt or taXIng power of the
CIty of VIrgInIa Beach, VIrgInIa, or the Authonty, but will be payable solely from revenues
denved from the Company and pledges of those revenues. Any persons interested In the
issuance of the Bonds or the locatlon or nature of the proposed Project may appear and be heard.
A copy of the Company's applIcatIon IS on file and is open for InspectIon at the Authonty's
office dUrIng business hours
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
600850062/#392304 vI - NotIce ofPubhc Heallng-LlfeNet
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING ON MAY 20, 2003
(LifeNet Project)
The ChaIr of the CIty of VIrgInIa Beach Development Authonty (the "Authonty")
announced the commencement of a publIc heanng on the request of LIfeNet (the "Borrower"),
and that a NotIce of the Heanng was publIshed once a week for two consecutIve weeks In The
Vlrglnlan-Pzlot, a newspaper haVIng general cIrculatIon In the CIty of VIrgInIa Beach, VIrgInIa.
Such publIc heanng was notlced for May 20,2003. Such publIc heanng was held not less than
SIX days and not more than 21 days after the second notIce appeared In The Virginian-Pilot. A
copy of the NotIce and CertIficate of PublIcatIon of such notIce have been filed WIth the records
of the CIty CounCIl of the Clty ofVlfgInIa Beach.
The follOWIng IndIVIduals appeared and addressed the Authonty at such publIc
heanng.
C. Gngsby SCIfres, an attorney WIth WIlliams Mullen, appeared on behalf of the
Borrower. Mr. SCIfres gave a bnef descnptIon of the proposed financIng and explaIned that the
proposed Issuance of bonds (the "Bonds") would be used to aSSIst the Borrower In finanCIng (A)
the acqUISItIon of an approxlmately 15.82 acre tract of land at the eastern end of a 22.39 acre
tract and a five-year optIon to purchase the addItIonal 6.57 acres, all located In the southeast
quadrant of the intersectIon of Pnncess Anne Road and Concert Dnve, VIrgInIa Beach, VIrginIa
23456 (the "Property"), (B) the development, constructIon and equippIng on the Property of an
organ procurement and tissue proceSSIng faCIlIty contaIning approxImately 40,000:1: square feet
and an office and adminIstration facIhty containIng approxImately 58,000:1: square feet, and (C)
the costs of Issuance of the Bonds (collectively, the "ProJect"). Mr. Scifres outlined certaIn
benefits Inuring to the CIty and its CItIzens, including retaInIng LIfeNet In the CIty, prOVIding for
the grOWIng demand for tIssue and organ transplants, construction of a new facIhty, Increased
employment and increased spendIng in the CIty. In addItIon, Mr. SCIfres further noted that all
necessary zoning permits and approvals have been obtaIned.
Raymond T. St. John and Pat Thompson from LlfeNet also appeared and made
brief comments further hIghlIghtIng the pOInts made by Mr. SCIfres, as outlIned above, and
answered speCIfic questIons raIsed by members of the Authonty.
Mr. Gary L Fentress, ASSIstant CIty Attorney and counsel to the Authonty, also
appeared and made bnef comments further hIghlIghtIng the pOInts made by Mr SCIfres, as
outlIned above.
No other persons appeared to address the Authonty, and the Chair closed the
publIc heanng
The Authonty hereby recommends that the CIty CounCIl of the CIty of VIrgInIa
Beach, VIrgInIa approve the Issuance of up to $21,000,000 of vanable rate demand revenue
bonds In support of the proposed finanCIng and hereby transmIts the FIscal Impact Statement to
the CIty Councll of the CIty of VIrgInIa Beach and asks that thIS recommendatIon be receIved at
ItS next regular meetIng at whIch this matter can be properly placed on the CounCIl's agenda for
heanng
#397677 vI - Record ofPubhc Heanng-LlfeNet
\
ExhibIt C
RESOLUTION
OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, LIfeNet, a VugInia non-profit, non-stock and non-member
corporation (the "Company"), which IS exempt from federal Income taxatIon as a chantable
organizatIon pursuant to SectIon 501(c)(3) of the Internal Revenue Code of 1986, as amended,
has applIed to the City of VIrgInIa Beach Development Authonty (the "Authonty") for
aSSIstance In financing (A) the acquIsItIon of an approxImately 15 82 acre tract of land at the
eastern end of a 22 39 acre tract and a five-year option to purchase the addItional 6.57 acres, all
located in the southeast quadrant of the Intersectlon of Pnncess Anne Road and Concert Drive,
VIrginIa Beach, VIrginia 23456 (the "Property"), (B) the development, construction and
equIpping on the Property of an organ procurement and tissue processing facIlity containIng
approximately 40,000+/- square feet and an office and admInistration facIlity containing
approxImately 58,000+/- square feet and (C) the costs of Issuance of the revenue bonds
(collectIvely, the "Project"); and
WHEREAS, the Company, In Its app licatlon, dISCUSSIons and appearance before
the Authonty has descnbed the benefits of the Pro] ect to the CIty of VIrginIa Beach, VIrgInia
("City") and the Authority, and
WHEREAS, the Company has requested the Authonty to agree to Issue ItS
Industnal development revenue bonds In the amount now estImated at $21,000,000 00 (the
"Bonds") to finance the costs of Pro] ect; and
WHEREAS, the Authonty IS empowered to issue and sell bonds, lend the
proceeds of such bonds, and acquue, own, lease, and dispose of propertIes, and IS vested WIth all
powers necessary to enable It to accomplIsh Its purposes, whIch purposes and powers are
1
enumerated In Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by
the Industrial Development and Revenue Bond Act, TItle 15 2, Chapter 49 of the Code of
VIrgInIa of 1950, as amended (the "Act"); and
WHEREAS, a publIc heanng WIth respect to the ProJ ect and the Issuance of the
Bonds has been held on May 20, 2003, as requIred by SectIon 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), and by Section 15 2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THAT:
1. The Authonty finds that (1) the development, construction, eqUIppIng and
operation of the Project will Increase annual employment, stimulate the local economy and
increase the tax base, (11) providing financing for the Project will be In the pubhc interest and
will benefit the Inhabitants of the City and the Commonwealth of VIrgInia and (Iii) the issuance
of the Bonds WIll be consistent WIth the purposes of the Act and the powers of the Authonty.
2. To aSSIst the Company WIth respect to the Project, the Authonty agrees to undertake
the Issuance of the Bonds ill an amount not to exceed $21,000,000.00 on terms and condItIons to be
mutually agreed on between the Authority and the Company. The proceeds from the sale of the
Bonds WIll be loaned to the Company pursuant to a loan agreement and related documents whIch
WIll prOVIde payments to the Authonty suffiCIent to pay the principal of and premIum, if any, and
Interest on the Bonds and to pay all other expenses in connectIon WIth the maintenance of the
Project The Bonds WIll be Issued In form and pursuant to terms to be set by the Authonty, and the
payment of the Bonds shall be secured by, among other collateral, an aSSIgnment, for the benefit of
the holders of the Bonds, of the Authonty's nghts to payments under such loan agreement and will
be addItIonally secured by a deed of trust on the ProJ ect
2
3. It haVIng been represented to the Authority that It IS necessary to proceed
ImmedIately with the development, construction and equlppmg of the ProJect, the Authority hereby
agrees that the Company may proceed with plans for the ProJect, enter Into contracts for
development, constructIOn and eqUIppIng and take such other steps as it may deem appropnate In
connectlon thereWIth, provIded that nothing hereIn shall be deemed to authonze the Company to
obligate the Authonty WIthout Its consent ill each Instance to the payment of any monies or the
performance of any acts In connectIon WIth the ProJect. The Authority further agrees that the
Company may be reimbursed from the proceeds of the Bonds for all lawful costs so Incurred by it
pnor to the adoption of these resolutIons.
4 The Authority hereby agrees to the recommendatIOn of the Company that WillIams
Mullen, a profeSSIonal corporatIon, VirgInia Beach, VirgIlia, be appointed as bond counsel and
hereby appOInts such firm to supervIse the proceedIngs and approve the issuance of the Bonds.
5. The Authonty hereby agrees, if requested, to accept the recommendatIon of the
Company WIth respect to the appOIntment of a placement agent or underwnter for the sale of the
Bonds and a remarketIng agent for the remarketIng of the Bonds pursuant to terms to be mutually
agreed on
6 All lawful costs and expenses In connectIon with the finanCIng and the development,
constructIon and eqUIppIng of the ProJect, includIng the fees and expenses of the Authority, counsel
for the Authonty, bond counsel, the placement agent or underwriter for the sale of the Bonds, the
trustee for the Trust Indenture, any letter of credIt issuer, counsel for any letter of credIt Issuer, and
the remarketlng agent for the remarketIng of the Bonds, shall be patd from the proceeds of the
Bonds or by the Company If for any reason such Bonds are not Issued, or such Bonds are Issued
but It IS determIned that a part or all of such costs are not lawfully payable out of Bond proceeds, it
3
IS understood that all such expenses shall be paid by the Company and that the Authonty shall have
no responsIbIlIty therefore.
7 In adoptIng tills Resolution, the Authority intends to declare "officIal intent" toward
the Issuance of the Bonds wIthIn the mearung of regulations Issued by the Internal Revenue ServIce
pursuant to SectIons 103 and 141-150 of the Code, Including SectIon 1.150-2 of such regulatIons.
8 The Authonty hereby recommends that the CIty Council for the CIty approve the
Issuance of the Bonds and hereby directs the ChaIr or VIce-ChaIr to submit to the CIty CouncIl for
the City the statement In the form prescnbed by SectIon 15 2-4907 of the Act, a reasonably detalled
summary of the comments expressed at the public hearing required by Sectlon 15 2-4906 of the Act,
and a copy of thIS Resolution.
9. ThIs Resolution will take effect immediately on ItS adoption.
The undersIgned hereby certifies that the above Resolution was duly adopted by the
Comnllss10ners of the City of VIrginia Beach Development Authonty at a meeting duly called at
whIch a quorum was present and actIng throughout on May 20,2003, and that such Resolution is in
full force and effect on the date hereof.
Date" \'\~~---.\ ~LO
\.
, 2003
C;Z~~~
\\'-'c) ,C.>';:,^, '1.'1:. Secretary, City ofVlr~
- Development Authonty
#393558 vI - ResolutlOn-Authonty-officlal mtent
4
Bxhl bIt D
DISCLOSURE STATEMENT
Date: April 28, 2003
Applicant.
LIF ENE T
All Owners
(If dIfferent from ApplIcant):
NONE
Tvpe of ApplIcatIon.
$20,300,000 Industnal Development Revenue Bonds to aSSIst
ApplIcant In financIng (A) the acquIsItion of an approxImately
15.82 acre tract of land and a five year optIon on the remainIng
6.57 acres, all located In the southeast quadrant of the
IntersectIon of Pnncess Anne Road and Concert Drive,
VIrginia Beach, VIrgInIa 23456 (the "Property"), and (B) the
construction and equIpping of a tissue bank processIng faCIlIty
and an office buIldIng on the Property containIng at least
29,000 square feet (collectively, the "ProJect").
1. The ApplIcant IS a non-profit, non-stock VIrgInIa corporation whIch has a
detemllnatlon letter from the Internal Revenue ServIce granting it chantable organization status
under Section 501(c)(3) of the Internal Revenue Code. See attached Exhibit A for the lIst of the
officers and Board of Directors.
2. The ApplIcant IS the owner of the ProJect.
LIFENET, a Virginia non-profit, non-stock
corporatIon
By
. St. John, Secretary
60085 03562
#392298 vI - DIsclosure Stmt-Llfenet
OFFICERS.
RIchard L. Hurwitz, MD
Raymond T St. John
BOARD OF DIRECTORS:
Richard L HUrwItz, MD
Gerald M Bowers
John Herre, MD
Ann Lange
660085 0062
#392298 vI - Dlsclosure Stmt-Llfenet
EXHIBIT A
Officers and Board of Directors
Chairman
Secretary
- 2 -
VIRGINIA
BEla~CH
EXHIBIT E
VIIg1l11d Beach
Development AuthOllty
222 Central Park Avenue, SUite 1000
VllgmJa Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webslte www vbgov com
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
VARIABLE RATE DEMAND REVENUE BONDS
(LIFENET PROJECT), SERIES 2003
The CIty of VIrgInIa Beach Development authonty recommends approval of the above-
referenced finanCIng The benefits of the Proj ect to the CIty Include retentIon, and further
development and expanSIon, of an organ procurement and tIssue transplantatIon busIness
prOVIdIng a much needed servIce to IndIvIduals and health care prOVIders throughout the
Commonwealth of VIrgInIa, Increased employment in the CIty of VIrgInIa Beach and Increased
purchases of goods, servIces and equIpment.
ExhIbIt F
nSCALIMPACTSTATEMENT
DATE
TO. CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
APPLICANT LIFENET
TYPE OF FACILITY:
Organ procurement/tIssue procesSIng/office and admInIstratIve
1.
MaXImum amount of financIng sought'
2
EstImated taxable value of the facIlIty's real property
to be constructed In the munIcIpalIty:
3
EstImated real property tax per year
USIng present tax rates.
4
EstImated personal property tax
per year USIng present tax rates.
5,
EstImated merchant's capItal (bUSIness lIcense)
tax per year USIng present tax rates:
6 (a) EstImated dollar value per year of goods that WIll be
purchased from VIrgInIa companies wIthIn the localIty.
(b) EstImated dollar value per year of good that w1l1 be
purchased from non-VIrgInIa companIes wIthIn the localIty:
(c) EstImated dollar value per year of servIces that WIll be
purchased from VIrgInIa companIes wIthIn the localIty.
(d) EstImated dollar value per year of servIces that WIll
purchased from non-VIrgInIa companIes wIthIn the localIty:
7 EstImated number of regular Employees on year round basIs.
8 . Average annual salary per employee:
$ 2LOOO.000
$ 16.000.000
$ 195.200
$ 0
$ 0
$ 3.512.000
$ 4.390.000
$ 786.000
$ 25.383.000
388
$ 43.703
The InformatIon contaIned in thIS Statement IS based solely on facts and estImates
provIded by the ApplIcant, and the Authonty has made no Independent InvestIgatIon WIth
respect thereto
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
#393563 vI - FIscal Impact Statement - LlfeNet
=-;zj)~
By- -T~ /Ch~J ~~
-----......
,
ExhIbIt G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME LIFENET
2 LOCATION. Southeast comer of intersectIon of Concert Drive and Pnncess Anne Road.
3. DESCRIPTION OF PROJECT: Developing, constructIng and equIppIng 40,000 :f:
square feet organ procurement and tissue processIng facil1ty and 58,000 ::f: square feet
office and admInIstration bUIldIng.
4.
AMOUNT OF BOND ISSUE:
Not to exceed $21,000,000
5. PRINCIPALS: No owners: non-stock, non-member, VIrgInIa corporation.
501 (c )(3) organIzatIon. Officers and dIrectors are:
RIchard L. HUlWitz, MD, ChaIrman
Raymond T S1. John, Secretary
RIchard L. HUlWItz, MD, Board Member
Gerald M Bowers, Board Member
John Herre, MD, Board Member
Ann Lange, Board Member
6. ZONING CLASSIFICATION:
a. Present zonIng claSSIficatIon of the Property. CondItIonal I-I
b Is rezoning proposed?
Yes
No
x
c If so, to what zoning claSSIficatIon?
Note. Property rezoned recently from R-5D to ConditIonal I-I (light
Industnal)
NOTE:
THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND PAPER
#393564 vI - Summary Sheet - LlfeNet
VIRGINIA
BEACH
EXHIBIT H
Virgmia Beach
Development AuthOllty
222 Central Park Avenue, SUIte 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webnte www vbgov com
May 20, 2003
Mr. Robert G. Jones
Chairman
Virginia Beach Development Authority
222 Central Park Avenue, SUIte 1000
Virginia Beach, VA 23462
Re: LifeNet Industrial Development Revenue Bonds
Dear Bob:
It is the finding of the Department of Economic Development that the proposed purchase
of 15.82 acres located in the southeast quadrant of the intersection of Princess Anne Road and
Concert Dnve to construct (1) a 40,000 sq. ft. organ procurement and tissue processing facility;
and (2) a 58,000 sq. ft. office and admInistration facility will be in the public's best interest and
benefit the citizens of Virginia Beach. This proposed project will increase annual employment,
stimulate the local economy, increase the tax base, and provide a valuable service to the citizenry
in the processing and distribution of tissues and organs for transplant, thereby meeting the public
purpose test.
I will be happy to answer any questions you may have.
SIncerely,
. \\\C\,~
Mark R. Wawner
Project Development Manager
MRW.lls
- 30-
Item V-J.3.
RESOLUTIONS/ORDINANCES
ITEM # 51336
Upon motlOn by Counczlman Reeve, seconded by Counczl Lady Wilson, City Council ADOPTED:
ResolutlOn re procedures for considermg unsolzclted requests from private
entities re qualifymg projects under the Public-Private Education Facilities
and Infrastructure Act of 2002 (PPEA), and, direct the City'S Purchasmg
Agent to cause these procedures be available to the publzc and post same m the
City'S Purchasmg office and on the web site
The Investment PartnershiP Advisory Committee shallfunctlOn With respect to PPEA as it was wrztten and
orzgmally ADOPTED March 13, 2001 The Pollcy re GUidelmes for EvaluatlOn of Investment PartnershiP
for EconomiC Development
The proposals would be reviewed by City Counczl, Virgima Beach Development Authorzty and the staff,
however, the Investment PartnershiP Advisory Committee would serve as an oversight committee, reviewmg
the project "after the fact"
Votmg 10-1
CounCil Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Richard A
Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A
Villanueva, Rosemary Wilson and James L Wood
Counczl Members Votmg Nay
Reba S McClanan
Counczl Members Absent
None
Vice Mayor Jones had ABSTAINED on this item June 3, 2003, however that CONFLICT is no longer
valid and he is able to vote on this issue.
June 24,2003
1
2
3
4
5
6
7
8
9
10
A RESOLUTION ADOPTING PROCEDURES FOR
CONSIDERING UNSOLICITED REQUESTS
FROM PRIVATE ENTITIES FOR APPROVAL
OF QUALIFYING PROJECTS UNDER THE
PUBLIC-PRIVATE EDUCATION FACILITIES
AND INFRASTRUCTURE ACT OF 2002
WHEREAS, the Public-Private Education Facilities and
11 Infrastructure Act of 2002 ("Act") has the potential, in certain
12 cases, to provide for the construction of public facilities more
13 quickly and at a lower cost; and
14
WHEREAS, for the City Council to be able to consider
15 unsolicited proposals from private entities for approval of
16 qualifying projects under the Act, procedures must be established
17 that permit the City to comply with the provisions of the Act.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
1 .
That, as required by Virginia Code ~ 56-575.16, the
21 City Council hereby adopts the "City of Virginia Beach Procedures
22 Regarding Requests Made Pursuant to the Public-Private Education
23 Facilities and Infrastructure Act of 2002," attached as Exhibit A,
24 as the procedures that will be followed in considering all
25 unsolicited requests from private entities for approval of
26 qualifying projects under the Act.
27
2 .
That the City's Purchasing Agent is hereby directed
28 to make these procedures publicly available, WhlCh shall include
29 posting them in Purchasing Division offices and on the City's
30 website.
31 Adopted by the Council of the City of Virginia Beach,
32 Virglnia on the 24th day of June, 2003.
CA-8885
ORDIN\NONCODE\PPEARes.wpd
June 17, 2003
R3
APPROVED AS TO CONTENTS:
QJ-veJ(.( {10ul~
Finance Department J
APPROVED AS TO LEGAL
SUFFICIENCY:
~.[ ~~fC
City Attorn~s Offi~
2
EXHIBIT A
City of Virginia Beach
Procedures Regarding Requests Made Pursuant to
the Public-Private Education Facilities and
Infrastructure Act of 2002
Adopted by the Council of
the City of Virginia Beach, Virginia
on June 24, 2003
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
Table of Contents
I. IntroductIon............... ........ .......... ...... ..... ....... ............. ................. ...... ...p. 3
II. General PrOVISIons .... ..... ..... ...... ............ .................. ...... .... ...... ...... ...p. 3
A. Proposals ................... ...... ..... ... ... ... . .... ...... ... ...... ..... ... ... .. p. 3
B. Affected Local JunsdIctIons . ..... .... ................................ ......... ... .....p. 4
C. VIrgInIa Freedom of InformatIon Act........... ...... .... ................ ..... ......p. 4
D. Use of PublIc Funds .... .......... ..... ..... . .... ................ ............... ........ ..p. 5
E. ApplIcabIlity of Other Laws... ..... ..... ...................... .................... ........p 5
III. SoliCIted BIdJProposals. .......... .......... ..... ..... ... ........... .................... ..... ..p 5
IV. UnsolIcited Proposals. ... .... ........... .... ............ .. ............... .... ......... ......... p. 5
A. DeCISIon to Accept and ConsIder UnsolIcIted Proposal; NotIce ......... ..p 6
B. Contents of InItIal SubmissIon................................................................ p. 6
C. ReVIew Fees. .... .......... ........................ .......... ......... ........................ ....p. 7
D. InItIal Review at the Conceptual Stage ............... .. .... ............... ... ........p. 7
E. Format for SubmIssIons at the Conceptual Stage.... ........... .......... .... p. 7
F. Format for SubmissIons at the Detailed Stage...... ... ........... ..... ....... ..p. 12
V. Proposal EvaluatIon and SelectIon Cnteria ..................... ........... .. ... ........ .p. 13
A. QualIficatIons and Expenence ..... ... ....... ................. .... ... ... ............p. 13
B. Project Characteristics ......... ................................ .................. ........ ... ..p. 14
C. Project FInanCIng ...... ... ......... ......... ... ................................ ... ...... ... ..p. 14
D. Project Benefit and CompatIbility.... ...................... ............ ............. ... p. 15
VI. ComprehensIve Agreement.... ............ ... ........ ................................... ........p. 16
VII. Governing PrOVISIons .... ... ......... ... ........ ...................... ............ ....... .... ..p. 17
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
I. INTRODUCTION
The PublIc-Pnvate EducatIon FacilItIes and Infrastructure Act of 2002, Va. Code
Ann. 99 56-575.1 to -575.16 (LNMB SUppa 2002) (the "PPEA"), grants a publIc entIty
the authonty to create publIc-pnvate partnershIps for the development of a wIde range of
projects for publIc use ("qualIfYIng projects") If the publIc entIty determines that there IS
a need for a project and that pnvate Involvement may provIde the project to the publIc In
a tImely or cost-effectIve fashion. The definitIon of "public entIty" in 9 56-575.1 of the
PPEA includes, Inter aba, any polItIcal subdIvIsIon of the Commonwealth.
SectIon 56-575.16 of the PPEA provides that a public entity having the power to
acquIre, desIgn, construct, Improve, renovate, expand, equIp, maIntaIn, or operate a
qualIfying project (a "responSible public entIty") may not conSIder any unsolIcited
proposal by a private entIty for approval of the qualIfYIng project pursuant to the PPEA
untIl the responsible publIc entity has adopted and made publIcly avaIlable procedures
that are sufficient to enable the responSIble publIc entity to comply WIth the PPEA.
AccordIngly, these procedures (the "Procedures") have been adopted by the City CouncIl
(the "CouncIl") as the governIng body of the CIty of VirgInia Beach (the "CIty").
II. GENERAL PROVISIONS
A. Proposals
1. Pursuant to Section 56-575.4 of the PPEA, a proposal to prOVIde a
qualIfYIng project to a responSible publIc entity may be either solICited from pnvate
entIties by the publIc entIty (a "SolICIted Bld/Proposal") or delIvered to the publIc entIty
by a pnvate entIty on an unsolICIted basis (an "UnsoliCIted Proposal"). In eIther case, any
such proposal shall be clearly identified as a "PPEA Proposal."
2. The reqUIrements for any particular SoliCIted Bid/Proposal shall be
as specified in the solIcitation by the CIty for that particular proposal and shall be
consistent WIth all applIcable prOVISIons of the PPEA.
3. Any UnsolICited Proposal shall be submItted to the City by
delIvenng SIX complete copIes, together WIth the reqUIred InItial reVIew fee as prOVIded
below in ~ IV(C), to the PurchaSIng Agent, Department of Finance, PurchaSIng DIviSIon,
2388 Court Plaza Drive, VIrginIa Beach, VA 23456. Other requirements for an
UnsolIcited Proposal are as set forth below In 9 IV. A working group may be designated
by the CIty Manager to review and evaluate all unsolIcited proposals.
4. The CIty may reqUIre that any proposal be clanfied. Such
clanficatIon may include but IS not lImited to submISSIon of addItIonal documentatIon,
responses to speCific questions, and IntervIews With potentIal project partICIpants.
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
B. Affected Local Jurisdictions
1. The term "affected local junsdIctIon" Includes any county, city or
town In which all or a portIon of a qualifyIng project is located.
2. Any pnvate entity submIttIng a SolIcited BId/Proposal or an
UnsolIcIted Proposal to the City as the responsIble public entIty for a qualifying project
must provIde any other affected local JurisdIctIon wIth a copy of the proposal by certIfied
mall, express dehvery, or hand delivery wIthIn five (5) busIness days of submIssIon of the
proposal to the City. Any such other affected local Junsdiction shall have 60 days from
the date It receIves its copy of the proposal to submIt wntten comments to the City and to
indicate whether the proposed qualIfying project IS compatIble WIth the affected local
junsdIctIon's local comprehensIve plan, local infrastructure development plans, capItal
improvements budget, or other government spendIng plan. The City WIll consIder
comments received within the 60-day period prior to entenng into a comprehensIve
agreement pursuant to the PPEA regardIng the proposal. However, the CIty may begin or
contInue ItS evaluatIon of any such proposal dunng the 60-day period for the receIpt of
comments from affected local jurisdictIons
c. Vir2inia Freedom of Information Act
1. Any confidential and propnetary InformatIon provIded to a
responsible public entity by a pnvate entIty pursuant to the PPEA shall be subject to
disclosure under the VIrginIa Freedom of InformatIon Act ("FOIA") except as provIded
by 9 56-575 4(G) of the PPEA.
2. To prevent the release of any confidential and propnetary
information that otherwIse could be held In confidence pursuant to 9 56-575.4(G) of the
PPEA, the private entIty submIttIng the InformatIon must (I) invoke the exclusIon from
FOIA when the data or matenals are submitted to the City or before such submISSIon, (n)
identify the data and materials for whIch protectIon from dIsclosure IS sought, and (in)
state why the exclUSIon from disclosure IS necessary. A pnvate entIty may request and
receive a determInatIon from the CIty as to the antIcIpated scope of protectIon pnor to
submitting the proposal. The CIty IS authonzed and obhgated to protect only confidentIal
propnetary information, and thus WIll not protect any portion of a proposal from
dIsclosure If the entIre proposal has been desIgnated confidentIal by the pnvate entIty
without reasonably dIfferentIatIng between the propnetary and non-proprietary
information contaIned thereIn.
3. Upon receIpt of a request from a private entIty that desIgnated
portIons of a proposal be protected from disclosure as confidentIal and propnetary, the
CIty will determine whether such protection IS appropriate under applicable law and, If
appropnate, the scope of such appropnate protectIon, and shall communIcate Its
determination to the pnvate entIty. If the determInatIon regarding protectIon or the scope
thereof differs from the pnvate entIty's request, then the CIty WIll accord the private
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
entity a reasonably opportunIty to clanfy and JustIfy its request. Upon a final
determinatIon by the City to accord less protectIon than requested by the pnvate entity,
the private entity will be given an opportunIty to withdraw its proposal. A proposal so
wIthdrawn will be treated In the same manner as a proposal not accepted for publIcatIon
and conceptual-phase consIderatIon as provIded below In 9 IV(A)(I).
D. Use of Public Funds
VIrgInIa constitutional and statutory requIrements as they apply to
appropnatIon and expenditure of public funds apply to any comprehensive agreement
entered Into under the PPEA. Accordingly, the processes and procedural requirements
assocIated WIth the expendIture or oblIgatIon of publIc funds shall be Incorporated Into
planning for any PPEA project or projects.
E. Applicability of Other Laws
NothIng In the PPEA shall affect the duty of the City to comply WIth all
other applIcable law not in conflIct WIth the PPEA. The applicability of the VIrgInia
Pub lIe Procurement Act (the "VPP A ") IS as set forth In the PPEA.
III. SOLICITED BID/PROPOSALS
The procedures applIcable to any partIcular SolIcited Bid/Proposal shall be
specified In the soliCItatIon for that proposal and shall be conSIstent WIth the reqUIrements
of the PPEA and any other applIcable law. All such solicitatIons shall be by Issuance of a
written InVItatIon to BId ("IFB") or Request for Proposal ("RFP") withIn the meanIng of
those terms as used In the CIty ofVuginIa Beach Procurement ordInance. Any proposal
submItted pursuant to the PPEA that IS not receIved In response to an IFB or RFP shall be
an UnsolICIted Proposal under these procedures. Such UnsolIcited Proposals Include but
are not limited to (a) proposals receIved in response to a notIce of the prior receIpt of
another UnsolICIted Proposal as requIred by the PPEA and provided for below In 9
IV(A)(2) and (b) proposals received In response to publicity by the CIty concernIng
partIcular needs when the CIty has not Issued a correspondIng IFB or RFP, even If the
CIty otherwIse has encouraged the submIssIon of proposals pursuant to the PPEA that
address those needs.
IV. UNSOLICITED PROPOSALS
The process for evaluatIng an Unsolicited Proposal, described in detaIl below,
consists of four steps. Briefly summanzed, upon receIpt of an UnsolICIted Proposal the
City's first step WIll be to determIne whether to accept It for consideratIon at the
conceptual stage. If so, then in step two the CIty WIll give publIc notIce of the
UnsolIcited Proposal, and allow for submission of other competIng proposals. In step
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
three the CIty WIll proceed wIth a reVIew at the conceptual stage of the ongInal
UnsolIcIted Proposal and/or any proposal received in response to the publIc notIce and
accepted for consIderatIon at the conceptual stage. Step four is an in-depth reVIew at the
detailed stage of the ongInal UnsolIcIted Proposal and/or any proposal receIved In
response to the publIc notice and accepted for consIderatIon at the detaIled stage. The
City shall be afforded suffiCIent tIme as It deems necessary for complete reVIew and
evaluation of all proposals submitted; proposals shall remaIn valid and not revIsed, other
than by the stated procedure, dunng thIS period. However, the CIty may, at ItS sole
dIscretIon, dIscontinue Its evaluatIon of any proposal at any tIme. Furthermore, if the
CIty determInes that It IS In the CIty'S Interest to do so WIth respect to any UnsolIcIted
Proposal, the CIty may elImInate reVIew at the conceptual stage and proceed dIrectly to a
reVIew at the detaIled stage.
A. Decision to Accept and Consider Unsolicited Proposal: Notice
1. Upon receIpt from a pnvate entIty of any UnsolIcIted Proposal
accompanied by payment of any requIred fees, the CIty WIll determIne whether to accept
the UnsolIcited Proposal for publIcation and conceptual-phase consIderatIon, as descnbed
below. If the CIty determInes not to accept the proposal at this stage, it WIll return the
proposal and the accompanYIng InItIal reVIew fee to the pnvate entIty.
2. If the CIty chooses to accept an UnsolIcited Proposal for
conceptual-phase consIderatIon, it shall give public notice of the proposal in accordance
WIth the PPEA and shall specIfy a period of tIme not less than ~ 60 days dunng which It
WIll receIve competIng UnsolIcIted Proposals pursuant to 9 56-575.4(A) of the PPEA.
Although not required by the PPEA, at the dIscretion of the CIty such notIce may be
gIven conSIstent WIth the reqUIrements for public notIce as set forth In the VIrgInIa Beach
CIty Procurement ordInance. Dunng the ~ 60-day period for receIvIng competIng
UnsolIcIted Proposals, the CIty may contInue to evaluate the ongInal UnsolICIted
Proposal
B. Contents of Initial Submission
1. An UnsoliCIted Proposal must contain information on the private
entIty's qualIfications and expenence, project characteristIcs, project finanCIng,
antIcipated publIc reactIon, and project benefit and compatIbilIty. The informatIon
should be adequate to enable the CIty to evaluate the practicalIty and suffiCIency of the
proposal. The pnvate entIty may request that the CIty conSIder a two-step proposal
process, conSIstIng of an InItIal conceptual submiSSIon to be followed by a more detaIled
submISSIon.
2. UnsolICIted Proposals should provide a concise descnptIon of the
pnvate entity's capabIlIty to complete the proposed qualifYIng project and the benefits to
be derived from the project by the CIty. Project benefits to be conSIdered may occur
during the constructIon, renovatIon, expanSIon or Improvement phase and dunng the lIfe
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
cycle of the project Proposals also should Include a comprehensIve scope of work and a
finanCIal plan for the prOj ect, contaInIng enough detail to allow an analysIs by the City of
the finanCIal feaSIbIlIty of the proposed project, IncludIng but not limIted to (a) the
identIty of any partIes expected to provIde financIng for the project and (b) a statement
IndicatIng whether the private entIty intends to request the CIty to provIde resources for
financIng the project and the nature and extent of any such resources. The scope of work
shall be of suffiCIent detaIl to Identify the level of qualIty of the project commensurate
WIth recognized deSIgn standards or by project qualIties establIshed or prescnbed by the
CIty of VIrgInIa Beach for a gIven project.
3. The CIty may requIre addItIonal submISSIons to clanfy InformatIon
previously provided or to address other areas of concern to the CIty
C. Review Fees
A reVIew fee will not be charged of a pnvate entity submItting an
UnsolIcIted Proposal to the CIty.
D. Initial Review at the Conceptual Staee
1. Only proposals complYIng WIth the reqUIrements of the PPEA and
these Procedures that contaIn suffiCIent InformatIon for a meanIngful evaluatIon and that
are provided in an appropnate format, as described below, WIll be considered by the CIty
for further reVIew at the conceptual stage.
2. The CIty will determIne at thIS InItIal stage of reVIew whether it
WIll proceed using procurement through competItive sealed biddIng as defined In the
VPP A or procedures developed by the CIty that are conSIstent WIth procurement of other
than profeSSIonal servIces through competitIve negotiatIon as defined In the VPP A.
3. After reVIewIng an UnsolICIted Proposal and any competIng
UnsoliCIted Proposals submItted dunng the notIce penod, the CIty may determIne (a) not
to proceed further WIth any proposal, (b) to proceed to the detaIled phase of review WIth
the origInal proposal, (c) to proceed to the detaIled phase WIth a competIng proposal, or
(d) to proceed to the detaIled phase WIth multIple proposals. At all times the CIty retains
the right to reject any proposal at any tIme for any reason whatsoever.
E. Format for Submissions at the Conceptual Staee
UnsolIcited Proposals at the conceptual stage shall contaIn the follOWIng
InformatIon In the follOWIng format, plus such additIonal informatIon as the CIty may
request:
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
1. Qualification and Experience
a. Identlfy the legal structure of the firm or consortium of
firms making the proposal. IdentIfy the organizatlonal structure for the project, the
management approach and how each partner and major subcontractor In the structure fits
into the overall team.
b. Describe the experience of the firm or consortIum of firms
makIng the proposal and the key pnncIpals involved in the proposed project Including
experience with projects of comparable size, value, quality and complexIty. Describe the
length of tlme In business, business experience, publIc sector expenence and other
engagements of the firm or consortIum of firms. Include the identlty of any firms that
will provide deSIgn, constructlon and completion guarantees and warrantles and a
descnptIon of such guarantees and warrantIes. Provide resumes of the key IndIVIduals
who WIll be Involved in the proJect.
c. ProvIde the names, addresses, and telephone numbers of
persons WIthin the firm or consortIum of firms who may be contacted for further
Information.
d. ProvIde a current or most recently audIted financial
statement of the firm or firms and each partner WIth an eqUIty interest of twenty percent
or greater.
e.
submIttIng the proposal.
Identify the officers and dIrectors of the firm or firms
f. IdentIfy all businesses that have a parent-subsIdIary or
affiliated business entlty relationship with the firm or firms submitting the proposal.
The State and Local Government ConflIct of Interests Act, at Virginia Code 9 2.2-
3101, defines "parent-subsIdiary relationship" as "a relatlonshIp that eXIsts when one
corporation directly or IndIrectly owns shares possessing more than 50 percent of the
votIng power of another corporatlon." In the same Code sectIon, the Act defines
"affilIated business entity relationshIp" as "a relationship, other than parent-subsIdiary
relatIonshIp, that eXIsts when (I) one business entlty has a controllIng ownershIp Interest
In the other bUSIness entIty, (11) a controlling owner In one entlty IS also a controllIng
owner In the other entlty, or (ni) there is shared management or control between the
business entltIes. Factors that should be consIdered In determinIng the existence of an
affilIated bUSIness entIty relatIonshIp Include that the same person or substantially the
same person own or manage the two entItIes; there are common or commIngled funds or
assets; the bUSIness entItIes share the use of the same offices or employees or otherwIse
share actiVIties, resources or personnel on a regular baSIS; or there IS otherwIse a close
workIng relatIonshIp between the entItIes."
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
g. Identify all known contractors or servIce provIders,
including but not limIted to the provIders of archItectural servIces, real estate services,
financIal servIces, and legal services.
2. Project CharactenstIcs
a. ProvIde a descnption of the project, IncludIng the
conceptual design. Describe the proposed project In sufficIent detaIl so that type, qualIty,
value and intent of the proJect, the location, prelImInary value of the land necessary to be
acquired, and the communitIes that may be affected are clearly identIfied.
b. IdentIfy and fully describe any work to be performed by the
City or any other public entIty.
c. Include a list of all federal, state and local permits and
approvals required for the project and a schedule for obtaInIng such permIts and
approvals.
d. IdentIfy any antIcIpated adverse social, economic and
environmental Impacts of the proJect. SpecIfy the strategies or actIons to mItIgate known
Impacts of the project.
e. IdentIfy the projected positive social, economIC and
envIronmental impacts of the proJect.
f. Identify the proposed schedule for the work on the project,
includIng the estimated tIme for completion.
g. Propose allocation of risk and liabilIty for work completed
beyond the agreement's completIon date, and assurances for timely completIon of the
proj ect
h. State assumptIons related to ownership, legal lIabIlIty, law
enforcement and operatIon of the project and the eXIstence of any restnctions on the
public entity's use of the project.
1. Provide informatIon relative to phased or partIal openings
of the proposed project prior to completion of the entIre work.
J. Describe any archItectural, bUIlding, engIneering, or other
applIcable standards that the proposed project WIll meet. Define applIcable qualIty
standards to be adhered to for achieVIng the deSIred product outcome(s).
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Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
3. Project FInancIng
a ProvIde a prelimInary estimate and estimating methodology
of the cost of the work by phase, segment, or both.
b. SubmIt a plan for the development, financIng and operatIon
of the project showIng the anticIpated schedule on which funds will be required. Descnbe
the anticIpated costs of and proposed sources and uses for such funds.
c. Include a lIst and dIscussion of assumptions underlytng all
major elements of the plan.
d. Identify all antIcipated risk factors and methods for dealIng
with these factors.
e. IdentIfy any local, state or federal resources that the pnvate
entity contemplates requestIng for the proJect. Descnbe the total commItment, If any,
expected from governmental sources (and IdentIfy each such source) and the tImIng of
any anticipated commItment.
f. Identify any third parties that the pnvate entIty
contemplates will provide financing for the project and describe the nature and tImIng of
each such commitment.
4. Project Benefit and CompatIbIlIty
a. Descnbe the antiCIpated benefits to the community, region
or state, IncludIng antIcipated benefits to the economIC condItIon of the CIty, and IdentIfy
who will benefit from the project and how they WIll benefit.
b. IdentIfy any antiCIpated public support or opposItIon, as
well as any antIcIpated government support or oPPosItion, for the project.
c. Explain the strategy and plans that will be carried out to
Involve and inform the general public, business communIty, and governmental agencies
In areas affected by the proJect.
d. ExplaIn whether and, If so, how the project IS cntIcal to
attracting or maIntaIning competitIve Industries and businesses to the CIty or the
surrounding regIon.
e. ExplaIn whether and, If so, how the project IS compatIble
WIth the CIty'S comprehensIve plan, Infrastructure development plans, capItal
Improvements budget, or other government spendIng plan.
-10-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
f. ExplaIn how qualIty standards of the project wIll be
satisfied In comparison WIth the qualItIes antIcIpated or proposed by the City of Virginia
Beach for the proJ ect.
g. ProvIde a statement setting forth partIcipation efforts that
are intended to be undertaken In connectIon WIth this
prolect WIth regard to the follOWIng tyPes of businesses:
(I) mInonty-owned businesses:
(Ii) woman-owned businesses: and
(IiI) small bUSInesses.
For the purposes of these gUIdelines these terms shall be
defined as follows:
"mInonty-owned bUSIness" shall mean a bUSIness or other
entity that IS at least fifty-one (51) percent owned and
controlled by one or more SOCIally and economIcally
dIsadvantaged person( s). Such dIsadvantage may arise from
cultural. raCIal. chronic economIC circumstance or
background. or other SImIlar cause. Such persons Include.
but are not lImIted to. Afncan Americans. HIspanic
Amencans. Asian Amencans. EskImos. and Aleuts.
"woman-owned bUSIness" shall mean a bUSIness or other
entIty that IS at least fifty-one (51 ) percent owned or
controlled by one or more women:
"small bUSIness" shall mean a bUSIness or other entIty that
0) has received $10 mIllIon or less in annual gross Income
under generally accepted accounting pnnciples for each of
its last three fiscal years or lesser tIme period if It has been
in eXIstence less than three years. (11) has fewer than 100
employees. and (111) has a net worth of $2 mIllion or less.
As used In these definItions. the term "control" shall mean
exercisIng the power to make polley decisions and being
actively involved In day-to-day management.
Pnor to final payment. the pnvate entIty must prOVIde
documentatIon regardIng the actual mInonty-owned. small
woman-owned. and small-bUSIness partiCIpatIon efforts
undertaken In connection with the contract. as well as
documentation demonstratIng that such businesses were
mInonty or women-owned or small bUSInesses.
-11-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
F. Format for Submissions at the Detailed Staee
If the CIty decides to proceed to the detailed phase of review with one or
more UnsolicIted Proposals, then the followIng InformatIon must be provIded by the
pnvate entIty unless waIved by the CIty:
1. A topographIcal map (1:2,000 or other appropnate scale) depictIng
the location of the proposed project.
2. A lIst of publIc utIlity facIlItIes, if any, that WIll be crossed by the
qualifYIng project and a statement of the plans of the private entity to accommodate such
crOSSIngs.
3. A statement and strategy settIng out the plans for securing all
necessary property. The statement must include the names and addresses, ifknown, of
the current owners of the subject property as well as a list of any property the pnvate
entity intends to request the publIc entIty to condemn.
4. A detailed lIsting of all firms that WIll provide speCIfic deSIgn,
constructIon and completIon guarantees and warranties, and a brief description of such
guarantees and warrantIes.
5. A total life-cycle cost specifYIng methodology and assumptIons of
the project or projects and the proposed project start date. Include antiCipated
commItment of all parties; eqUIty, debt, and other finanCIng mechanIsms; and a schedule
of project revenues and project costs The lIfe-cycle cost analysis should include, but not
be limIted to, a detaIled analysis of the projected return, rate of return, or both, expected
useful lIfe of faCIlIty and estimated annual operatIng expenses.
6. A detaIled dISCUSSIon of assumptIons about user fees or rates, and
usage of the projects.
7. IdentIficatIon of any known government support or opposition, or
general publIc support or oppositIon for the project. Government or public support
should be demonstrated through resolutIon of official bodIes, mInutes of meetIngs, letters,
or other offiCIal communIcations.
8. Demonstration of conSIstency with appropnate local
comprehensIve or Infrastructure development plans or indication of the steps reqUIred for
acceptance into such plans.
9. SuffiCIent deSIgn and engineering detail to establIsh floor plans,
elevatIons, and SIte charactenstics.
10. ExplanatIon of how the proposed project would impact local
development plans of each affected local junsdiction.
-12-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
11. Identify the officers and directors of the firm or firms submIttIng
the proposal
12. Identify all businesses that have a parent-subsidiary or affiliated
busIness entity relatIonshIp wIth the firm or firms submitting the proposal.
The State and Local Government ConflIct of Interests Act, at VIrgInIa
Code 9 2.2-3101, defines "parent-subsidIary relatIonship" as "a relatIonship that exists
when one corporatIon dIrectly or IndIrectly owns shares possessIng more than 50 percent
of the votIng power of another corporation." In the same Code section, the Act defines
"affilIated busIness entIty relationshIp" as "a relatIonshIp, other than parent-subSIdIary
relationshIp, that eXIsts when (I) one busIness entIty has a controlling ownershIp Interest
in the other busIness entIty, (n) a controlling owner in one entIty IS also a controllIng
owner In the other entIty, or (ni) there IS shared management or control between the
business entitIes. Factors that should be conSIdered In determInIng the existence of an
affiliated business entIty relationshIp Include that the same person or substantially the
same person own or manage the two entitIes; there are common or commIngled funds or
assets; the bUSIness entIties share the use of the same offices or employees or otherwIse
share actIVItIes, resources or personnel on a regular basIs; or there IS otherwise a close
workIng relatIonship between the entItIes."
13. IdentIfy all known contractors or service providers, includIng but
not lImited to the providers of archItectural servIces, real estate services, finanCIal
services, and legal services.
14. DetaIled analysis of the finanCIal feasibIlIty of the proposed
project, Including Its Impact on SImIlar faCIlIties operated or planned by the CIty. Include
a detaIled descnption of any finanCIng plan proposed for the project, a comparison of that
plan wIth financing alternatives that may be aVaIlable to the CIty, and all underlYIng data
supporting any conclusions reached In the analYSIS or the selection by the pnvate entIty of
the finanCIng plan proposed for the proJect.
15. AddItIonal matenal and informatIon as the City may request.
v. PROPOSAL EVALUATION AND SELECTION CRITERIA
Some or all of the follOWIng matters may be considered in the evaluation
and selectIon ofPPEA proposals. However, the CIty retaIns the right at all tImes to reject
any proposal at any tIme for any reason whatsoever.
A. Qualifications and Experience
Factors to be considered in either phase of the City's review to determIne
whether the pnvate entity possesses the reqUISIte qualificatIons and experience may
include but are not necessanly lImIted to.
-13-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
1. Experience wIth simIlar projects of comparable scope & value;
2. Demonstration of ability to perform work at the appropriate level
of quality standards;
3. Leadership structure;
4. Project manager's experience;
5. Management approach;
6. Financial conditIon; and
7. Project ownershIp.
B. Proiect Characteristics
Factors to be consIdered in determining the project charactenstIcs may
include but are not necessanly limited to:
1. Project definItIon;
2. Proposed project schedule;
3. Operation of the project;
4. Technology; technIcal feaSIbIlIty;
5. ConformIty to laws, regulatIons, and standards;
6. EnvIronmental impacts;
7. CondemnatIon impacts;
8. State and local permIts; and
9. MaIntenance of the project.
10. QualIty standards to meet proposed project quality.
C. Proiect Financinl!
Factors to be consIdered In determinIng whether the proposed project
finanCIng allows adequate access to the necessary capital to finance the project may
include but are not necessanly lImited to:
-14-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
1. Cost and cost benefit to the CIty;
2. FInancing and the Impact on the debt or debt burden of the CIty;
3. Financial plan;
4. Estimated cost;
5. LIfe-cycle cost analysIs; and
6. The identity of any third party that wIll provide financIng for the
project and the nature and timIng of theIr commItment.
7. Comparable costs of other project delIvery methods.
D. Proiect Benefit and Compatibility
Factors to be consIdered In determInIng the proposed project's
compatibilIty wIth the appropnate local or regIonal comprehenSIve or development plans
may include but are not necessanly lImIted to:
1. CommunIty benefits;
2. CommunIty support or opposition, or both;
3. PublIc involvement strategy;
4. CompatIbilIty with existing and planned facilitIes; and
5. CompatIbility with local, regIonal, and state economic
development efforts.
6. FIscal impact to the City ofVuginIa Beach in terms of revenues
and expendItures.
7. EconomIc output of the project In terms of jobs and total economIC
Impact on the local economy.
8. SubmIssIon of requIred statement regarding partIcipatIon efforts
that are to be undertaken with regard to mInonty-owned bUSInesses. woman-owned
businesses. and small businesses. Failure to submIt this statement shall constItute grounds
to reJect any proposal.
-15-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
VI. COMPREHENSIVE AGREEMENT
Prior to acquinng, desIgning, constructing, improving, renovating, expanding,
equippIng, maIntaining, or operating any qualifying project, a selected pnvate entIty shall
enter into a comprehensive agreement with the City as prOVIded by the PPEA. Any such
comprehensive agreement, and any amendment thereto, must be approved by the CIty
CouncIl before it IS entered Into on behalf of the CIty.
As provided by the PPEA, the terms of the comprehensIve agreement shall
Include but not be lImIted to:
1. Delivery of maIntenance, performance and payment bonds or
letters of credit in connectIon wIth any acquIsition, design, construction, improvement,
renovatIon, expanSIon, equippIng, maIntenance, or operation of the qualifying proJect, In
the forms and amounts satisfactory to the CIty;
2. Review and approval of plans and speCIfications for the qualifYIng
project by the CIty;
3. The nght of the City to Inspect the qualifYIng project,
4. MaIntenance of a polley or policies of liabilIty Insurance or self-
insurance in from and amount satisfactory to the CIty and reasonably sufficient to insure
coverage of tort liabIlity to the public and employees and to enable the contInued
operatIon of the qualIfYIng proJect;
5. MonItonng of the practices of the operator by the City to ensure
proper maintenance;
6. Reimbursement to be paId to the City for servIces provided by the
City;
7.
periodic basis;
FIlIng by the operator of appropriate financial statements on a
8. PolICIeS and procedures governing the nghts and responsibIlItIes of
the CIty and the operator In the event that the comprehensIve agreement IS termInated or
there IS a matenal default by the operator, Including the condItions governIng assumptIon
of the duties and responsibIlIties of the operator by the City and the transfer or purchase
of property or other interests of the operator by the CIty;
9. PrOVIdIng for such user fees, lease payments, or servIce payments,
If any, as may be establIshed from time to time by agreement of the parties, whIch shall
be the same for persons using the faCIlIties under lIke condItIons and shall not materially
-16-
Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures
discourage use of the qualifYIng proJect. Classifications according to reasonable
categones for assessment of user fees may be made.
10. Requinng a copy of any servIce contract to be filed wIth the CIty
and provIding that a schedule of the current user fees or lease payments shall be made
avaIlable by the operator to any member of the publIc upon request.
11. The terms and condItions under which the responsIble public entIty
may contnbute financial resources, If any, for the qualIfYIng proJect; and
12. Any other provisIons requIred by applIcable law.
Any changes In the terms of the comprehensive agreement as may be agreed upon
by the partIes from tIme to tIme shall be added to the comprehensive agreement only by
wntten amendment.
VII. GOVERNING PROVISIONS
In the event of any conflIct between these prOVISIons and the PPEA, the terms of
the PPEA shall contro1.
-17-
- 31 -
Item V-J.4.
RESOLUTIONS/ORDINANCES
ITEM # 51337
Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
ResolutIOn to endorse the applzcatlOn for Federal TransportatIOn Enhancement
Funds for the Ferry Plantation House Restoration (Phase I)
V otmg
11-0 (By Consent)
Counczl Members Votmg Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor Louzs R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmidt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votmg Nay
None
Counczl Members Absent
None
June 24, 2003
1 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH
2 TRANSPORTATION BOARD FOR THE FERRY PLANTATION
3 HOUSE RESTORATION (PHASE I) AS A PROPOSED
4 TRANSPORTATION ENHANCEMENT PROJECT
5 WHEREAS, the Virginia Department of Transportation, along
6 with the Virginia Department of Rail and Public Transportation and
7 the Federal Highway Administration, has announced the availability
8 of Transportation Enhancement Funds for qualified projects;
9
WHEREAS, approximately Eighteen and One-Half Million
10 Dollars ($18.5 Million) may be available to Virginia localities for
11 transportation enhancement projects during the 2003-2004 Fiscal
12 Year;
13 WHEREAS, the City Council has been advlsed that proJects
14 funded by this program require a local match, either In-klnd or
15 cash, of twenty percent (20%);
16 WHEREAS, the City Council has been further advlsed and
17 acknowledges that in the event the City elects to cancel a proJect
18 funded by this program prior to its completlon, the Clty shall be
19 required to reimburse the Virginia Department of Transportation for
20 funds expended for such project;
21
WHEREAS, the Metropolitan Planning Organization has
22 endorsed the City's proposed transportation enhancement project;
23 WHEREAS, in accordance with Commonwealth Transportation
24
Board construction allocation procedures,
a resolution of
25 endorsement must be received from the City Council before the
26 Virginia Department of Transportation will program an enhancement
27 project in the applicant's locality; and
28 WHEREAS, the City Council recognizes the importance of
29 transportation enhancement projects as a way of integrating
30 transportation into our community and natural environment.
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33 That the Council hereby endorses to the Commonweal th
34 Transportation Board the Ferry Plantatlon House Restoratlon \~~lase
35 I) as a proposed transportation enhancement project.
36
ADOPTED by the Council of the Clty of Vlrginla Beach,
37
Virginia, this 24th day of
June
, 2003.
CA-8901
wmm/ordres/EnhancementRes.wpd
June 9, 2003
R1
APPROVED AS TO CONTENTS:
~~ L-'('O?
PlanninglSepartment
APPROVED AS TO LEGAL
];i~ I~.I ~
City Attorney's Of~e
FERRY PLANTATION HOUSE RESTORATION, PHASE I
Located In the CIty of VIrgInIa Beach, Ferry PlantatIon was once an Integral part of the ColOnial and
post-colonial transportation system when a ferry operated to carry people and goods across the
western branch of the Lynnhaven RIver. The property IS located on the BaysIde HIstory TraIl, a
drivIng, walking, and bIkIng traIl that has already receIved an Award for Excellence by the LearnIng
Resources Network. This trail WIll be used as a model for future hIStOry traIls Ferry PlantatIon
House WIll educate people about the hIStOry of the area, IncludIng transportatIon systems that were
used on the important waterways of V ugInIa.
The house, buIlt CIrca 1830, is one of the few remaInIng examples of Federal period archItecture
remaining in the Tidewater area of VirginIa. The site was formerly the locatIon of the ferry landIng
establIshed in 1642; the first bnck courthouse for Princess Anne County built 1735, a post-office,
a tavern, aJailIncluding stock and pIllory built 1735, and the Walke manor house of 1751 The
plantation site was the source of one of the most sIgnIficant, Intact, 18th century collectIons unearthed
by the ColonIal Williamsburg Foundation's Archaeology Department, prior to the constructIon of
CheswIck Lane.
Ferry Plantation House is now owned by the City of VirgInIa Beach and leased to the Fnends of the
Ferry PlantatIon House (FOFPH) to oversee the restoratIon and rehabIlItation USIng as a basIs for
fundIng a $68,500 appropnatIon from the CIty, FOFPH has leveraged the InitIal fundl11g wIth fund-
raising and in-kind donatIons to do much ofwhat was recommended In an InItIal archItectural rt?\ Ie\\'
as Phase I to stabilize the house. In-kind donatIons and fund-raISIng efforts have augmented the
Initial funding through partnering wIth professIonal organIzatIons, IndIvIduals, and communIty
groups.
An Architectural Advisory Board was formed In 1998 to further prOVIde gratIs, expert adVIce on the
historical restoration of the property.
Funds are requested to complete Phase I for those specialized areas where expertIse is required which
precludes donations of services, speCIfically, stabIlizing the eXIsting fragIle, onginal brick extenor
which was protected by stucco until it was removed by a developer In 1989. Also, the house,
Including a bathroom, must be made ADA acceSSIble, and the walkway needs to be Improved to
conform to historical as well as safety standards. The estImated cost for this phase of the project is
$145,000, non-federal partiCIpation will be $30,000 and requested funding through the VIrgInIa
TransportatIon Enhancement Program is $115,000 We belIeve the project meets ten of the twelve
enhancement criteria.
Upon completion of this phase, the property WIll enhance the surroundIng neighborhood and provide
a VIsual histone interpretatIon of the site of the colonIal ferry landIng As part of the BaysIde HIStOry
Trail, thIS phase will provide an upgradIng of the project and its SIte WIth InterpretIve sIgnage for
pedestrians and cyclists when the house IS closed, whIle safety and acceSSIbIlIty features WIll allow
the house to be open for the publIc.
Total estimated cost is $145,000 ($115,000 enhancement fund request; $30,000 local match).
- 32-
Item V-J. 5
RESOLUTIONS/ORDINANCES
ITEM # 51338
Upon motwn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
ResolutIOn to AUTHORIZE the promulgatIOn of Amendment Number 7 to the
Specifications and Standards Manual of the Engzneerzng DzvzsIOn,
Department of Public Works.
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye'
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUIs R Jones, Reba S
McClanan, RzchardA Maddox, Mayor Meyera E. Oberndorf, Jzm Reeve, Peter
W Schmzdt, Ron A Villanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24,2003
1
2
3
4
A RESOLUTION AUTHORIZING THE ADOPTION
AND PROMULGATION OF AMENDMENT NUMBER 7
TO THE PUBLIC WORKS SPECIFICATIONS AND
STANDARDS MANUAL
5
WHEREAS, by resolution adopted June 14, 1994, City Council
6 authorized the adoption and promulgation of the Specifications and
7 Standards Manual ("Manual") developed by the Engineering Division of the
8 Department of Public Works;
9
WHEREAS, pursuant to section 1.3 of the Manual, all
10 amendments to the Manual must be presented to City Council for formal
11 adoption, and since its orlginal adoption in 1994, the Council has
12 approved six previous amendments to the manual; and
13 WHEREAS, over the past year, employees of the Department of
14 Public Works, Englneering Divlslon have developed revisions and updates
15
to all existing engineering materials,
details,
and technical
16 requirements relating to the Manual and have compiled an Amendment
17 Number 7.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That the Council hereby approves and authorizes the adoption
21 and promulgation of Amendment Number 7 to the Specifications and
22 Standards Manual developed by the Engineering Division of the Department
23 of Public Works.
24
Adopted by the Councll of the City of Vlrginia Beach,
25
Virginia, on thlS 24th
day of June
, 2003
26 May 30, 2003
27
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
28
29
~JcfF--fl
50 Years of Building Homes & Dreams
l ,- , , 1953-2003
Ii
!
John C Napolitano
President
John W Iuliano III
Vice president
Edward 0 Yoder
Associate vice president
Jeffrey J Wermers
Treasurer
John E Olivieri
Secretary
Channing A Pfeiffer
Executive vice presldenV
Chief executive officer
BUilder Directors
John W Ainslie Jr
Wilham B Cross
Scott L Crumley
Robert H DeFord III
Dennis M Graf
Pete 0 Kotarrdes
Branch P Lawson
W H McCutcheon Jr
Associate Directors
G Robert Aston Jr
J Gregory Dodd
Thomas C Leffew
Pamla H Pekrun
J Van Rose Jr
Clarence E Sutton
Richard B Thurmond
H Mac Weaver"
Directors Emeriti
Joseph C Addington Jr
Edward P Brogan
Wilham J Fanney
Richard D Guy
Wilham L Hendrrcks
Frederrck J Napolitano Sr
Julian Rashkmd
Howard M Weisberg
NAHB Past Presidents
Frederrck J Napolrtano Sr
Stanley Waranch
NAHB Life Directors
Edward P Brogan
Lawrence J Goldrrch
Robert A Lawson Jr
Stephen J Magula Jr
Frederrck J Napolitano Sr
Vincent A Napolitano
Michael D Newsome
Julian Rashklnd
Michael P Rashklnd
Stanley Waranch
Howard M Weisberg
Wendell A White
HBAV Past Presidents
Lee A Gifford (deceased)
David A Howard (deceased)
Frederrck J Napolrtano Sr
Vincent A Napolitano
Theodore S Schlossman
Douglas W Talbot
Stanley Waranch
Honorary Members
Doyle E Hull
Owen B Pickett
I "
,~ I ~ II
I II'
'j \)
L ()
March 26,2003
I
.... -.
Mr. PhIllIp D. Pullen, PE
Office of the CIty EngIneer
MuniCIpal Center
BuIldIng 2
2405 Courthouse Drive
V IrgInIa Beach, VIrgInIa
Re:
Public Works SpecificatIons and Standards - 2003
Dear Phil;
Our builder members were notIfied of the proposed revisIons to
DrawIngs C-9 and C-9A and the new SpecIficatIon for utIlIty test hole
backfill, C-20 in early February We also posted the speCIficatIons on
our websIte. To date, I have not receIved any negatIve comments
regardIng these reVISIons.
I hope thIS WIll aSSIst you In completIng your reVIew. Thank
you for allowing us an opportunIty to comment. Please adVIse when
the reVISIons become final and we'll make notIce on our website
Regards,
~
ClaudIa K Cotton
Staff VIce PreSIdent
2117 Smith Avenue, Chesapeake, VA 23320-2515 . Phone (757) 420-2434 . Fax (757) 424-5954 . www tbaonllne org
Affiliated With the Home BUilders Assoclatron of Virginia and the National ASSOCiation of Home BUilders
Summary of Changes to the
PublIc Works EngIneenng SpecIficatIons and Standards Manual
February 2003
General Table of Contents
MInor typographIcal revIsions.
CHAPTER 8
Section 8.7 RetentIon (Wet) and DetentIon (Dry) Storm Water Management FacIlity (SWMF)
DeSIgn Guidelines
After the 3rd paragraph, the follOWIng paragraph was added:
"Shallow Marshes are prohibited in residential neighborhoods and commercial
developments bordering residential properties."
APPENDIX C
Replace DraWIng C-9 (Concrete Paver SubstItute) WIth the attached ReVIsed
DraWIngs C-9 and C-9A.
Add new Drawing C-20 (UtIlIty Test Hole Backfill Standard).
- 33-
Item V-K1a/cld/f
RESOLUTIONS/ORDINANCES
ITEM # 51339
Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordmances to AMEND the City Code.
ass 5-5 and 5-12 and REPEAL S 5-11 re domestic ammals
C S 7 1 re defimtion of a bicycle
d S 23-7 re interference with City officers m the performance of
their duties, and, ADDING S 23-7 3 re resisting lawful arrest
f S 35-11 to reflect reVISIOns to the State Code re admmlstratlve
collection of delinquent taxes or charges
V otmg
11-0 (By Consent)
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LoUIS R Jones, Reba S
McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood
CounCil Members Votmg Nay
None
CounCil Members Absent
None
June 24,2003
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 CODE PERTAINING TO CONTROL OF DANGEROUS OR
3 VICIOUS DOG, CRUELTY TO ANIMALS GENERALLY, AND
4 ABANDONING DOMESTIC ANIMAL IN PUBLIC PLACE OR
5 ON PROPERTY OF ANOTHER.
6
7 SECTIONS AMENDED: ~~ 5-5 AND 5-12
8 SECTION REPEALED: ~5-11
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
That Section 5-11 is repealed and Sections 5-5, and 5-12 of
13 the Ci ty Code are hereby amended and reordained, to read as
14 follows:
15 Sec. 5-5. Control of dangerous or vicious dog.
16
(a) Definitions. As used in this section, each of the
17 following terms shall have the meaning respectively ascribed
18 thereto:
19 Dangerous dog means a canine or canine crossbreed wl!icL that
20 has bitten, attacked, or inflicted injury on a person or companion
21 animal, otLer tLal! ~ dog, or killed a companion animal..i... however,
22 when a doG attacks or bites another dog, the attackino or bitino
23 doG shall not be deemed danoerous (i) if no serious phvsical inlurv
24 as determined by a licensed veterinarian has occurred to the other
25 doG as a result of the attack or bite or (ii) both doos are owned
26 bv the same person. No dog shall be found to be a danoerous doG as
27 a result of bitino, attacking or inflictino inlury on another doo
28 while enoaoed with an owner or custodian as part of lawful huntino
29 or participatino in an oroanized, lawful doG handlino event.
30 Owner shall include any person who (i) has a right of property in;
31 (ii) keeps or harbors; (iii) has in his or her care; (iv) acts as
32 custodian of; or (v) permits to remain on or about his or her
33 premises, any dangerous or vicious dog.
34 Vicious dog means a canine or canine crossbreed wLicL that has
35 (i) killed a person; (ii) inflicted serious inj ury to a person,
36 including multiple bites, serious disfigurement, serious impairment
37 of health or serious impairment of a bodily function; or (iii)
38 continued to exhibit the type of behavior wLicL that resulted in a
39 previous finding by a court that it is a dangerous dog, provided
40 (b) Any animal control officer who has reason to believe
41 after ill v e~ti9atioll that a canine or canine crossbreed wi thin his
42 or her jurisdiction is a dangerous or vicious dog shall apply to a
43 magistrate of the City of Virginia Beach for the issuance of a
44 summons requiring the owner or custodian, if known, to appear
45 before the general district court at a specified time. The summons
46 shall advise the owner of the nature of the proceeding and the
47 matters at issue. The animal control officer shall confine the
48 animal until such time as evidence shall be heard and a verdict
49 rendered. If the animal control officer determines that the owner
50 or custodian can confine the animal in a manner that protects the
51 public safety, he or she may permi t the owner or custodian to
52 confine the animal until such time as evidence shall be heard and
53 a verdict rendered. The court, through its contempt powers, may
2
54 compel the owner, custodian or harborer of the animal to produce
55 the animal. If, after hearing the evidence, the court finds that
56 the animal is a dangerous dog, the court shall order the animal's
57 owner to comply with the appropriate provisions of this article
58 ordinance. If, after hearing the evidence, the court finds that the
59 animal is a vicious dog, the court shall order that the animal be
60 euthanized in accordance with the provisions of Code of Virginia ~
61 3.1-796.119, as amended.
62 (c) No canine or canine crossbreed shall be found to be a
63 dangerous or vicious dog solely because it is a particular breed.
64 No animal shall be found to be a dangerous or vicious dog if the
65 threat, inj ury or damage was sustained by a person who was (i)
66 committing, at the time, a crime upon the premises occupied by the
67 animal's owner or custodian; (ii) committing, at the time, a
68 willful trespass or other tort upon the premises occupied by the
69 animal's owner or custodian; or (iii) provoking, tormenting or
70 physically abusing the animal, or can be shown to have repeatedly
71 provoked, tormented, abused or assaulted the animal at other times.
72 No police dog that was engaged in the performance of its duties as
73 such at the time of the acts complained of shall be found to be a
74 dangerous or vicious dog. No animal which, at the time of the acts
75 complained of, was responding to pain or injury, or was protecting
76 itself, its kennel, its offspring, or its owner or owner's
77 property, shall be found to be a dangerous or vicious dog.
3
78
79
80
(e) All certificates obtained pursuant to this section shall
81 be renewed annually for the same fee and in the same manner as the
82 initial certificate was obtained. Certificates or renewals thereof
83 required pursuant to this section shall only be issued to persons
84 eighteen (18) years of age or older, who present satisfactory
85 evidence (i) of the animal's current rabies vaccination, if
86 applicable; and (ii) that the animal is and will be confined in a
87 proper enclosure, or is and will be confined inside the owner's
88 residence, or is and will be muzzled and confined in the owner's
89
fenced-in
yard until
a proper
enclosure
is
constructed.
90 Additionally, any owner who applies for a certificate or renewal
91 thereof under this section shall not be issued a certificate or
92 renewal thereof unless he or she presents satisfactory evidence
93 that (i) his or her residence is and will continue to be posted
94 with clearly visible signs warning both minors and adults of the
95 presence of a dangerous dog on the property; and (ii) the animal
96 has been permanently identified by means of a tattoo on the inside
97 thigh or by electronic implantation. Any certificate or renewal
98 thereof required to be obtained under this section shall only be
99 issued to a person eighteen (18) years of acre or older who presents
100 satisfactory evidence that (i) the animal has been neutered or
101 spayed; and (ii) he or she has obtained liabili ty insurance
4
5
126
127 3ec. 5 11. Cruelty to animals generally (Reserved)
128 (a) AI!}! per ~Ol! wLo doe~ al<Y of tLe followiLg ~Lall be 9 tlil t}!
129 of a Cla~ ~ 1 nLi ~denLeal!or ~
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
( 1 )
O~erride~, overdrive~, overload~, torture~, ill treat~,
abal!doI!~, willfully il!flict~ il!LuflLaI!e iI!j tlr)l or pail! I!Ot cOI!I!ected
witL bOlla fide ~ciel!tific or lLLedical experinLel!tatiol! to, or cruelly
or tllll!ece~~aril}' beat~, l'LLaiILL~, 1\Lt1tilate~ or kill~ allY al!iILLal,
whetLer belol!g il!g to LinL~el f or al!otLer, or depr i v e~ al<Y al!inLal of
l!ece~~ary ~tl~tel!aI!ce, food or driI!k or proper ~Lelter ~I!d
protectiol! fronL tLe weatLer or catl~e~ allY of tLe above tl!il!g~ or,
beiI!g tLe OWI!er of ~ uch al!inLal, perlLLi t~ ~ ucL act~ to be dOI!e b}'
aI!otLer.
(2) ~iillfully ~et~ Ol! foot, iI!~tigate~, el!gage~ ill or ill all}'
wa}! furtLer ~ ail}' act of cruel ty to all}' al!iILLal.
(J) Carrie~ or catl~e~ to be carried ill or UpOI! allY veLicle or
ve~~el or otLerwi~e ail}' al!imal ill a crtlel, brutal, or il!LtlI'lLal!e
Iual!l!er, ~o a~ to produce torttlre or uld!ece~~ary ~ufferil!g.
(b) NotLil!g ill tLi~ ~ectiol! ~Lall be COI!~tr tled to pr oLibi t
the deLorl!il!g of cattle.
(c) IIunLaI!e officer~ of tLe JPCA, pur~ual!t to ~ectiol! 10.2 J97
of tl!e Code of \TirgiI!ia, ~Lall be ve~ted witl! tLe atltLority of
eI!forciI!g tLi~ ~ectioI!.
6
150
151
Sec. 5-12.
Abandoning or dumpina domestic animal~ in public
place or on property of another.
152
l.E..L Any person who shall abandon any dog, cat or other
153 domesticated animal in any public place, including the right-of-way
154 of any public road, street or highway, or on the property of
155 another shall be guilty of a Class 3 misdemeanor.
156
lQl It shall be unlawful for any person to dump or otherwise
157 dispose of a companion animal for the purpose of disposal, on
158 public property, includinq a public highway, right-of-wav, property
159 adiacent to such hiahwav or riaht-of-wav, or on private property
160 wi thout the wri tten consent of the owner thereof or his aaent.
161 When a violation of this subsection has been observed bv any
162 person, and the companion animal illeaallv dumped or disposed of
163 has been ei ected or removed from a motor vehicle, the owner or
164 operator of such motor vehicle shall be presumed to be the person
165
eiectina or dis?osing of the companion animal.
Such presumption
166 shall be rebuttable bv competent evidence. A violation of this
167 subsection shall constitute a class 1 misdemeanor punishable bv
168 confinement in iail for not more than twelve (12) months and a fine
169 of not less than $250 or more than $2,500, either or both.
170 This Ordinance will take effect July 1, 2003.
171 Adopted by the City Council of the City of Virginia Beach,
172 Virginia, on this 24th day of June, 2003.
173 CA-8892
174 stsiouts/wp/work/KDR/Sec. 5-5, 5-11 & 5-12.ord.wpd
R4 - June 11, 2003
7
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CITY CODE PERTAINING TO THE
3 DEFINITION OF BICYCLE
4 SECTION AMENDED: 7-1
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
That Section 7-1 of the Ci ty Code is hereby amended and
9 reordained, to read as follows:
10 Sec. 7-1. Definitions.
11 For the purposes of this chapter, the following words shall
12 have the meanings ascribed to them in this section, unless clearly
13 indicated to the contrary:
14 Bicycle: A device propelled solely by human power, upon which
15 a person may ride ei ther on or astride a reaular seat attached
16 thereto, La v illg pedal~, t~o (2) or havina two or more wheels in
17 tandem, includina children's bicycles except a tOY intended for use
18 by youna children. A bicycle shall be a vehicle while operated on
19
the hiahway. alld a ~eat LeigLt of ILLore tLall twellty five (2~) illcLe~
20
21
22
This ordinance will take effect on July 1, 2003.
23
24
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24th day of June, 2003.
25
26
CA-8897
stsiouts/wp/work/KDR/Sec.7-1.ord.wpd
R3 - June 10, 2003
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 CODE PERTAINING TO MISLEADING, OBSTRUCTING,
3 ETC., CITY OFFICERS AND ADDING A NEW SECTION
4 PERTAINING TO RESISTING LAWFUL ARREST
5 SECTION AMENDED: ~23-7
6 SECTION ADDED: ~23-7.3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
That Section 23-7 of the Ci ty Code is hereby amended and
11 reordained, and Section 23-7.3 is hereby added to read as follows:
12
13
Sec. 23-7.
Resisting, Misleadina, obstructing, etc., city
officers.
14
(a) If any person without just cause knowingly obstructs a
15 judge, magistrate, justice, juror, witness or any law enforcement
16 officer in the performance of his duties as such, or fails or
17 refuses without just cause to cease such obstruction when requested
18 to do so by such judge, magistrate, justice, juror, witness or law
19 enforcement officer, he shall be guilty of a Class 1 misdemeanor.
20
(b)
If any person, by threats or force, knowingly attempts to
21 intimidate or impede a judge, magistrate, justice, juror, witness,
22 or any law enforcement officer, lawfully engaged in his duties as
23 such, or to obstruct or impede the administration of justice in any
24 court, he shall be deemed to be guilty of a Class 1 misdemeanor.
25
(c) Any person who knowingly and willfully makes any
26 materially false statement or representation to a law-enforcement
27 officer who is in the course of conducting an investigation of a
28 crime by another is guilty of a Class z 1 misdemeanor.
29
30
31
32
33
34
35
36
37
(d) Any person or persons who unreasonably or unnecessarily
obstruct a member or members of a rescue squad,
whether
governmental, private or volunteer, in the performance of the
rescue mission or who shall fail or refuse to cease such
obstruction or move on when requested to do so by a member of a
rescue squad going to or at the site of a rescue mission shall be
guilty of a Class 2 misdemeanor.
Sec. 23-7.3
Resistina lawful arrest; penalty
38 J...9....L Any person who intentionall v prevents or attempts to
39 prevent a law-enforcement officer from lawfully arresting him, with
40 or without a warrant, is Quilty of a Class 1 misdemeanor.
41 l..Q.l For the purpose of this section, intentionall v preventina
42 or attemptinq to prevent a lawful arrest means fleeing from a
43 law-enforcement officer when (1) the officer applies physical
44 force to the person or (2) the officer communicates to the
45 person that he is under arrest and (i) the officer has the
46 leaal authority and the immediate physical ability to place
47 the person under arrest, and (ii) a reasonable person who
48 receives such communication knows or should know that he or
49 she is not free to leave.
50 This Ordinance will be effective July 1, 2003.
2
51 Adopted by the City Council of the City of Virginia Beach,
52 Virginia, on this 24th day of June, 2003.
53 CA-8896
54 Stiouts/Work/KDR/Sec. 23-7. 23-7.3 ord.wpd
55 R4
June 12, 2003
3
1 AN ORDINANCE TO INCREASE CITY FEES FOR
2 ADMINISTRATIVE COSTS INCURRED IN COLLECTING
3 DELINQUENT TAXES OR CHARGES
4 SECTION AMENDED: ~ 35-11
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 35-11 of the City Code is hereby amended and
8 reordained to read as follows:
9
10
Sec. 35-11.
Payment of administrative costs in collection of
delinquent taxes or charges.
11 The treasurer of the city is hereby authorized to impose a fee
12 to cover the administrative cost associated with the collection of
13 delinquent taxes or othe~ delinquent charges. Such fee shall be in
14 addition to all penal ties and interests, and shall be ill tLe arllOtll!t
15 of twel!ty thirty dollars (C20. 00) ($30.00) for taxes or other
16 charges collected .stlb.sequel!t to tLe filil!g of a warral!t or takil!g
17 other appropriate legal actiol! more than thirty (30) days after
18 notice of delinquent taxes or charaes has been provided, pursuant
19 to Virainia Code ~ 58.1-3919, but prior to any judgment. al!d ill tLe
20
arI.LOUI!t of twel!ty five
The fee shall be thirty-five dollars
21 (02~. 00) ($35.00) for taxes or other charges collected subsequent
22 to judgment.
23 BE IT FURTHER ORDAINED that this ordinance shall be effective
24 on July 1, 2003.
25 Adopted by the City Council of the City of Virginia Beach,
26 Virginia, on this 24th day of June, 2003.
CA-8902
DATA/ORDIN/PROPOSED/35-0llord.wpd
R2
June 10, 2003
2
- 34-
Item V-K.lb.
RESOLUTIONS/ORDINANCES
ITEM#5l340
Bill Bmley, 4841 Rosecroft Street, Phone: 495-0637, registered m OPPOSITION, requested addmg to
the ordmance "an applzcant or volunteer m publzc safety ", submlttmg to a background check mvolvmg
fingerprmts and be/zeved the Volunteers should not have to pay re the background check
Upon motIOn by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED to the City
Council SessIOn of July 1,2003
Ordmances to AMEND the City Code
b J 2-78 re background investigations of applzcantsfor publzc
employment
Votmg 11-0
Council Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LouIs R. Jones, Reba S
McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva, Rosemary Wilson and James L. Wood
Counczl Members Votlng Nay
None
CounCil Members Absent
None
June 24,2003
- 35 -
Item V-K.1 e.
RESOLUTIONS/ORDINANCES
ITEM # 51341
BIll Bazley, 4841 Rosecroft Street, Phone 495-0637, regIstered zn support
Upon motzon by VIce Mayor Jones, seconded by Counczlman Reeve, CIty Counczl ADOPTED
Ordmances to AMEND the CIty Code
e 9921-3,21-199,21-29,21-323 1, 21-323 and 21-344 to reflect
revIszons to the State Code re motor vehicles, farm machinery,
highway signs, work area speed limits, electrical devices,
reimbursement of expenses
Votmg 11-0
Counczl Members Votmg Aye
Harry E DIezel, Margaret L Eure, VIce Mayor LOUIS R Jones, Reba S
McClanan, RIchardA Maddox, Mayor MeyeraE Oberndorf, JIm Reeve, Peter
W SchmIdt, Ron A VIllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
CouncIl Members Absent
None
June 24,2003
1
2
3
4
5
6
AN ORDINANCE TO AMEND AND REORDAIN THE CITY
CODE PERTAINING TO MOTOR VEHICLES
SECTIONS AMENDED:
~~ 21-3, 21-199, 21-299, 21-323.1,
21-323 and 21-344,
7
8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
9
That Sections 21-3, 21-199, 21-299, 21-323, and 21-344, of the
10
City Code are hereby amended and reordained, to read as follows:
11
12
13
Sec. 21-3. Compliance with chapter; general penalty for
violations.
It shall be unlawful for any person to violate or refuse, fail
14
or neglect to comply with any of the provisions of this chapter.
15
Unless otherwise specifically provided, a violation of this chapter
16
shall constitute a traffic infraction punishable by a fine of not
17 more than two hundred and fifty dollars ($250.00) (~200.00).
18
19 Sec. 21-199. Connection between vehicles.
20
(a) The connection between any two (2) vehicles, one of which
21 is towing or drawing the other on a highway, shall consist of a
22 fifth wheel, drawbar or other similar device not to exceed tell (10)
23 fifteen (15) feet in length from one vehicle to the other, and such
24 two (2) vehicles shall, in addition to such drawbar or other
25 similar device, be equipped, at all times when so operated on the
26 highway, with an emergency chain.
27
(b) The provisions of subsection (a) of this section shall
28 not apply to ill ca.se of a bOlla fide eIllergellcy re~ul tillg fronl a
29 fiLecI!al!ical breakdowl! or aI! accideI!t, wLel! .!'SucL vehicle i.!'S beil!g
30 towed to tLe l!eare.!'St garage or repair ~Lop wLicL call furl!i.!'SL tLe
31 required .!'Service. II! ~l<Y ~ucL ca.!'Se, ~ucL cOld!ectioI! rtLa:y' cOI!.!'Si.!'St
32 ~olely of a cLaiI!, rope or cable of l!Ot over fifteeI! (1~) feet ill
33 lel!gtL betweel! veLicle~, provided, tLat a licel!.!'Sed operator ~L~ll
34 be at tIle GOl!trol.!'S of tLe towed veLicle to brake al!d .!'Steer tLe
35 veLicle al!d COl!tr 01 tLe ligLt~ thereof. (i) any farm tractor when
36 such farm tractor is towina any farm implement or farm machinery bv
37 means of a draw bar coupled with a safety hitch pin or
38 manufacturer's couplina device or (ii) any tow truck towing a
39 vehicle bv means of a wheel lift apparatus that employs a safety
40 strap to hold two of the towed vehicle's wheels within a wheel lift
41 cradle in a manner consistent with instructions of the manufacturer
42 of such wheel lift apparatus.
43 Jtl For the purpose of subsection (b) "tow truck" means any
44 motor vehicle that is constructed and used primarily for towina,
45 liftina or otherwise movina illeaallv parked or disabled vehicles.
46
Sec. 21-299.
Defacing, injuring, etc., signs.
47 .li!.l Any person who shall intentionally deface, obscure,
48 il!j ure damaae, knock down or remove any -s-i:-gn legally posted,
49 hiahwav sian as provided in this chapter shall be guilty of a Class
50 1 misdemeanor.
51
l.Ql. For the purposes of this section, "hiahway slan"
52 includes, but is not limited to, an electrically powered or
2
58 Sec. 21-321.1. Decreased maximum speeds in highway work zones.
59 (a) It shall be unlawful for any person to operate any motor
60 vehicle in excess of a maximum speed limit approved by the Virginia
61 Department of Transportation or by the director of public works
62 specifically for a highway work zone. This section shall be
63 enforceable when workers are present and when such work zone is
64 indicated by signs displaying the maximum speed limit and the
65 penalty for violation.
66 (b) For purposes of this section, "highway work zone" means
67 a construction or maintenance area that is located on or beside a
68 highway and marked by appropriate warning signs or other
69 traffic-control devices indicating that work is in progress.
70 (c) Violation of this section shall constitute a traffic
71 infraction punishable by a fine of not more than two LUI!dred fifty
72 five hundred dollars (~2~0.00) ($500.00); provided, that nothing in
73 this section shall preclude the prosecution and conviction of any
74 person whose operation of any motor vehicle in a highway work zone,
75 apart from speed, demonstrates a reckless disregard for life, limb
76 or property.
3
77
78
79
Sec. 21-323.
Use of electrical devices to check speed; arrest
without warrant.
80
(a) The speed of any motor vehicle may be checked by the use
81 of laser speed determination devices. radarL or other electrical
82 devices. The resul ts of such checks shall be accepted as prima
83 facie evidence of the speed of such motor vehicle in any court or
84 legal proceedings where the speed of the motor vehicle is at issue.
85
(b)
In any court or legal proceeding in which any question
86 arises about the calibration or accuracy of any laser speed
87 determination device, radarL or other electrical device used to
88 check the speed of any motor vehicle, a certificate, or a true copy
89 thereof, showing the calibration or accuracy of the speedometer of
90 any vehicle or of any tuning fork employed in calibrating or
91 testing the device, and when and by whom the calibration was made,
92 shall be admissible as evidence of the facts therein state. No
93 calibration or testing of such device shall be valid for longer
94 than six (6) months.
95
(c) The driver of any such motor vehicle may be arrested
96 without a warrant under this section, provided the arresting
97 officer is in uniform and displays his badge of authori ty and
98 provided such officer has observed the registration of the speed of
99 such motor vehicle by a laser speed determination device. radar or
100 other electrical device, or has received a radio message from the
101 officer who observed the speed of the motor vehicle registered by
4
102 the laser speed determination device, radar or other electrical
103 device; provided that, in case of an arrest based on such a
104 message, such radio message has been dispatched immediately after
105 the speed of the motor vehicle was registered and shall have
106 furnished the license number or other positive identification of
107 the vehicle and the registered speed to the arresting officer.
108
.l.Q.l. For
laser
speed determination devices
only,
law
109 enforcement officers shall, upon the reauest of the affected
110 motorist , permit such motorist to observe the readina of the
III device.
112
113
114
Sec. 21-344.
Reimbursement for expenses of driving while impaired
incurred from emergency responses.
115
(a) AI<Y per~ol! wLo i~ cOI!victed of violatiol! of ~ectiol!
116 21 JJG or ~ectiol! G 122 of thi~ Code, or of ~ectiol! 10.2 2GG or
117 ~ectiol! 2J. 1 7 JO of tIle Code of Virgil!ia, wLel! Li~ operatiol! of a
118 fl\otor veLicle, el!gil!e, trail! or ~atercraft ~Lile impaired i~ the
119 proxilLLate catloSe of al!:Y accidel!t or il!cidel!t re~ul til!g ill al!
120 appropriate eIuergel!c:y reoSpol!~e, ~Lall be liable ill a ~eparate civil
121 actiol! to tLe city, al!d to all}' vOltll!teer re~cue ~qtlad, wLicL nLa:y
122 provide ~tlcL enLergel!cy re~pol!~e for tLe rea~ol!able expel!~e tLereof,
123 ill all anLoUI!t I!Ot to exceed Ol!e tLOtl~al!d dollc~r~ (~1, 000.00) ill tIle
124 aggregate for a particular accidel!t or il!cidel!t. II! deterllLil!il!g the
125 "rea~ol!able expel!~e, II a localit:y Iua:y bill a flat fee of Ol!e l!tll!dred
5
126 dollar.5 (:;;100.00) or a TILildlte by TILilltlte accOtlntillg of tLe acttlal
127 CO.5t.5 illCtlrred.
128 (b) A.5 tl.5ed ill tLi3 .5ectioll, "appropriate eILLergellcy re.5pOII.5e"
129 illclude.5 all CO.5t.s of providillg law ellforcenlel1t, firefiglltillg,
130 re.5Ctle, alld erhergellcy TILedical .5ervice.s.
131 (c) The provi.5ioll.5 of thi.5 .3ectioll .5Lall Il0t preenLpt or lirhit
132 allY renLedy available to tLe COntl'hOllwealtL, tLe cit:y, or al<Jl
133 volullteer re.5cue .5quad to recover tLe rea.5ollable expell.se.5 of all
134 enLergellc}' re.5pOII.5e to all accidellt or illcidellt IIOt ill v 01 V illg
135 ilupaired drivillg or operatioll of a veLicle ~.5 .5et fortL hereill.
136 (d) No polic:}I or COlltract of bodily illj tlry or property d~luage
137 liability ill.5UrallCe relatillg to tLe OWller.5Lip, nLailltellallce, or tl.5e
138 of a ILLotor veLicle, ellgille, traill, nLotorboat, or watercraft i.5.stled,
139 or i.5.5tled for delivery, ill the conmLolJ:wealtL .sLall ell.5Ure agaill.5t
140 allY ci viI liabili ty ullder tLi.s .5ectioll.
141
142
143
144
145
146
147
148
149
Jgl Any person convicted of violatina any of the followina
provisions of the Code of Virainia, or any similar
ordinance in the City Code, shall be liable in a separate
civil action for reasonable expenses incurred by the City
of Virginia Beach or by any volunteer rescue sQuad, or
both, when providina a appropriate emeraency response to
any accident or incident related to such violation.
JiL The provisions of Code of Virainia sectlons 18.2-
51.4, 18.2-266 or 29.1-783, when such operation of
6
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
motor vehicle, enaine, train or watercraft while so
impaired is the proximate cause of the accident or
incident;
liil. The provisions of Article 7 (section 46.2-852 et
sea.) of Chapter 8 of Title 46.2 relatina to
reckless drivina, when such reckless drivina is the
proximate cause of the accident or incident;
(iii) The provisions of Article 1 (section 46.2-300 et
sea.) of Chapter 3 of Title 46.2 relatina to drivina
without a license or driving with a suspended or
revoked license; and
liYl The provisions of Code of Virainia section 46.2-894
relatina .to improperl v leavina the scene of an
accident.
J..Ql Personal liabili tv under this section for reasonable
expenses of an appropriate emergency response shall not
exceed $1,000 in the aaareaate for a particular accident
or incident. In determining the "reasonable expenses" a
flat fee of $100 may be billed, or a minute-by-minute
accountina of the actual cost incurred may be billed.
lrt As used in this section, "appropriate emeraency response"
includes all cost of providina law-enforcement, fire-
fiahtina, rescue and emeraency medical services.
7
173
lQl The provisions of this section shall not preempt or limit
174
any remedy available to the Commonwealth, the City of
175
Virainia Beach, or to any volunteer rescue sauad to
176 recover the reasonable expenses of an emeraency response
177 to an accident or incident not involvina impaired drivina
178 operation of a vehicle or other conduct as set forth
179 herein.
180
181 This ordinance will take effect on July 1, 2003.
182
183
184 Adopted by the City Council of the City of Virginia Beach,
185 Virginia, on this 24th day of June, 2003.
186
CA-8895
Stiouts/WORK/KDR/Sec. 21 et al.ord.wpd
R5
June 11, 2003
8
- 36-
Item V-K.2.
RESOLUTIONS/ORDINANCES
ITEM # 51342
Upon motIOn by V,ce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl ADOPTED:
Ordznance to A UTHORIZE the Department of Museums and Cultural Arts to
ACCEPT two (2) bronze statues,for dIsplay at the Judicial Center, from the
Counczl of Garden Clubs of VIrgznza Beach and the VIrgInIa Beach Chzld
Advocacy Network (VBCAN)
V otzng
11-0 (By Consent)
CouncIl Members Votzng Aye
Harry E DIezel, Margaret L Eure, VIce Mayor LOUIS R Jones, Reba S
McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, JIm Reeve, Peter
W SchmIdt, Ron A VIllanueva, Rosemary W,lson and James L Wood
Counczl Members Votzng Nay
None
CounCIl Members Absent
None
June 24,2003
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE AND
2 INSTALLATION OF A DONATION OF SCULPTURES FROM
3 THE COUNCIL OF GARDEN CLUBS OF VIRGINIA BEACH
4 AND THE VIRGINIA BEACH CHILD ADVOCACY NETWORK
5
6 WHEREAS, the Council of Garden Clubs of Vlrginia Beach and the
7 Vlrglnla Beach Chlld Advocacy Network wish to commlSSlon and, once
8 completed, donate two sculptures to be placed ln the Celebrate
9 Chlldren Garden at the Vlrglnla Beach Judlcial Center.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
1 .
That the Department of Museums and CuI tural Arts is
13 hereby authorlzed to accept from the Councll of Garden Clubs of
14 Vlrglnla Beach and the Vlrglnla Beach Chlld Advocacy Network two
IS bronze sculptures to be created by artlst Robert Cunnlogham.
16
2 .
That the Department of Public Works is directed to
17 install the above-referenced statues in the Celebrate Children
18 Garden at the Virginia Beach Judicial Center.
19
20 Adopted by the Councll of the Cl ty of Vlrglnla Beach, Vlrglnla
21 on the 24th day of June , 2003.
CA-8920
Ordln/Noncode/sculptord.wpd
R-l - June 17, 2003
Approved as to Content:
Approved as to Legal Sufflclency:
~ftr~JL
SKETCHES OF PROPOSED
ARTWORK
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FORMNOPS18
Cit:y- of Virgi:r1ia. Beach
INTER-OFFICE CORRESPONVENCE
Date:
May 12, 2003
To:
Barry Shockley, General ServI
Prom:
Chuck Davis, GS/BuIldIng
Subject:
Celebrate ChIldren Garden
The applicatton for the donatIon of art work associated with the above project has been reviewed
by both EddIe Barnes and me. In reviewIng the applicatIon and the support matenal, we both are
of the follOWIng opinion:
1. The sIte IS appropriate for the placement of the art work being proposed by the
group.
2. Based upon the type of art work being recommended, there WIll be mInImum
maIntenance on the art work. Landscape SerVIces staff WIll Install acceptable
plant material In the raIsed plant bed, and WIll Insure that the art work placed In
the turfed area IS not damaged by mowers or stnng-trimmIng eqUIpment.
3. Based on the current placement of the art work, there IS no conflIct WIth further
development of the Judiclal Center.
Due to thIS art work beIng governed by the AdministratIve DIrectIve concerning donated art work
and not memonals, the request submItted does not have to be revIewed by the Memorials
CommIttee. If I can provIde you WIth further InformatIon, please let me know.
mtp
attachment
c: EddIe Barnes
~ly SpruIll
'---/
- 37-
Item V-K.3.
RESOLUTIONS/ORDINANCES
ITEM # 51343
Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Ordmance to AUTHORIZE temporary encroachment into a portzon of the
Czty 's property at Lake Rudee m Shadowlawn Hezghts by PAUL S. and DENA
HIGH SA WYER to construct and mamtam a fIXed pier, aluminum ramp,
floating pier, boat lift and four (4) piles at 7 Carzbbean Avenue, subject to
(DISTRICT 6 - BEACH)
The followmg condztzons shall be requzred
1 The temporary encroachment shall be constructed and
mamtamed m accordance wzth the laws of the Commonwealth of
Vzrgznza and the Czty of Vzrgmza Beach and m accordance wzth
the Czty 's specificatzons and approval as to szze, afzgnment and
locatzon
2 The temporary encroachment shall termmate upon notzce by the
Czty to the appfzcant and, wzthm thzrty (30) days after such
notzce zs gzven, the temporary encroachment must be removed
from the encroachment area by the applzcant and the applzcant
wzll bear all costs and expenses of such removal
3 The applzcant shall mdemnify and hold harmless the Czty, zts
agents and employees from and agamst all clazms, damages,
losses and expenses, mcludmg reasonable attorney's fees m case
zt shall be necessary to file or defend an actzon arzsmg out of the
locatIOn or exzstence of the temporary encroachment
4 Nothmg herem contamed shall be construed to enlarge the
permzsszon and authorzty to permzt the mamtenance or
constructzon of any encroachment other than that specified
herem and to the fzmzted extent specified herem, nor to permzt
the mamtenance and constructzon of any encroachment by
anyone other than the applzcant
5 The applzcant agrees to mamtam the temporary encroachment so
as not to become unszghtly or a hazard
6 The applzcant must post a performance bond or other form of
surety, approved by the Development Servzces Center of the
Plannzng Department, m accordance wzth thezr engmeer's cost
estzmate
June 24,2003
Item V-K.3.
- 38-
RESOLUTIONS/ORDINANCES
ITEM # 51343 (Continued)
7 The appllcant must obtam an approved Jomt Permlt Applzcatwn
from the Waterfront Operatwns D,v,swn of the Planning
Department The Grantee also agrees to obtam a waterfront
constructwn permlt from the aforementwned agency before
begmmng any work wlthm the encroachment area
8 The applicant shall obtam and keep m force all risk property
msurance and generallzabllzty or such msurance as lS deemed
necessary by the Clty, and all msurance polzcles must name the
Clty as addltwnal named msured or loss payee, as appllcable
The applzcant must also carry comprehenslve generallzabllzty
msurance m an amount not less than F,ve Hundred Thousand
Dollars ($500,000), combmed smgle lzmlts of such msurance
polzcy or polzcles The applzcant must provlde endorsements
provldmg at least thlrty (30) days' written notlce to the Clty prwr
to the cancellatwn or termmatwn of, or material change to, any
of the msurance polzcles The applzcant assumes all
responslbllztles and lzabzlltles, vested or contmgent, wlth relatwn
to the temporary encroachment
9 The temporary encroachment must conform to the mlmmum
setback requlrements as establzshed by the Clty
10 The applzcant must submlt for reVlew and approval, a survey for
the encroachment area, certified by a reglstered professwnal
engmeer or a lzcensed land surveyor, and/or "as bUllt " plans of
the Temporary Encroachment sealed by a reglstered professwnal
engmeer, if req Ul red by elther the Clty Engmeer 's Office or the
Engmeermg D,v,swn of the Pub!zc Utllztles Department
11 The Clty, upon revocatwn of such authOrity and permlsswn so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost many
manner provlded by law for the collectwn of local or state taxes,
may requlre the app!zcant to remove such temporary
encroachment, and, pendmg such removal, the Czty may charge
the applzcant for the use of such portwn of the City's right-of- way
encroached upon the eqUlvalent of what would be the real
property tax upon the land so occupled if It were owned by the
appllcant, and if such removal shall not be made wlthm the tlme
specified by the Clty, the Clty shalllmpose a penalty m the sum
of One Hundred Dollars ($10000) per day for each and every
day that such temporary encroachment lS allowed to contmue
thereafter, and, shall collect such compensatwn and penaltles m
any manner provlded by law for the collectwn of local or state
taxes
June 24,2003
- 39-
Item V-K.3.
RESOLUTIONS/ORDINANCES
ITEM # 51343 (Continued)
V otmg
11-0 (By Consent)
Council Members Votmg Aye
Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S
McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votmg Nay
None
Counczl Members Absent
None
June 24, 2003
1 Requested by Department of Public Works
2 AN ORDINANCE TO
3 AUTHORIZE A TEMPORARY
4 ENCROACHMENT INTO A
5 PORTION OF THE CITY'S
6 PROPERTY KNOWN AS LAKE
7 RUDEE BY PAUL S SAWYER
8 AND DENA HIGH SAWYER,
9 THEIR HEIRS, ASSIGN AND
10 SUCCESSORS IN TITLE
11 WHEREAS, PAUL S. SAWYER AND DENA HIGH SAWYER, desire to
12 construct and maintain a fixed pier, an aluminum ramp, a floating pier, a boat lift, and four
13 (4) piles upon the City's property known as Lake Rudee.
14 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-
15 2107, Code ofVirgima, 1950, as amended, to authorize a temporary encroachment upon
16 the City's property subject to such terms and conditions as Council may prescribe.
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That pursuant to the authority and to the extent thereof contained In 99 15 2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, PAUL S SAWYER AND DENA
21 HIGH SAWYER, their heirs, assigns and successors In title are authOrized to construct and
22 maintain a temporary encroachment for a fixed pier, an aluminum ramp, a floating pier, a
23 boat lift, and four (4) piles upon the City's property known as Lake Rudee as shown on that
24 certain plat entitled "ENCROACHMENT REQUEST PROPOSED PRIVATE PIER FOR
25 PAUL S. SAYER LOT A, RESUB. LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS
26 BEACH DISTRICT VIRGINIA BEACH, VA (INST. NO 20020820301176) DATE:
27 FEBRUARY 22,2003", a copy of which is on file in the Department of Public Works and
28 to which reference is made for a more particular description; and
29 BE IT FURTHER ORDAINED, thatthe temporary encroachment is expressly
30 subject to those terms, conditions and criteria contained in the Agreement between the City
31 of Virginia Beach and PAUL S. SAWYER and DENA HIGH SAWYER (the "Agreement"),
32 which is attached hereto and incorporated by reference; and
33 BE IT FURTHER ORDAINED, that the City Manager or his authorized
34 designee is hereby authorized to execute the Agreement; and
35 BE IT FURTHER ORDAINED, that this Ordinance shall not be In effect until
36 such time as PAUL S. SAWYER and DENA HIGH SAWYER and the City Manager or his
37 authorized designee execute the Agreement.
38 Adopted by the Council of the City of Virginia Beach, Virginia, on th~ 4 th
39
day of June
,2003.
40 APPROVED AS TO CONTENTS
41 ~[(y' (', cY(u.v /1?r..
42 SIGNATURE
43 PLtl R~f EdCJ:
44 DEPARTMENT
45 TO LEGAL
46 FORM
47
48
49 CA-
S 0 PREPARED May 20, 2003
51 H \WP8\KENNEDY\ENCS\sawyer ord wpd
I l
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58 1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 1;;o+t- day of AfC\ \ , I
20C~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, "City", and PAUL S. SAWYER and
DENA HIGH SAWYER, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
THAT, WHEREAS, the Grantee is the owner of that certain
lot, tract or parcel of land designated and described as: "Lot A,
Block 40 (a Re-Subdivision of Lots 1 thru 5 in Blk. 40, M.B. 7,
PG. 14), Subdivision of Shadowlawn Heights, Instrument No.
200208203019176", and being further designated and described as
7 Caribbean Ave., Virginia Beach, VA 23451; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a fixed pier, an aluminum ramp, a floating pier, a boat
lift, and four (4) piles, a "Temporary Encroachment" in the City
of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City property known as Lake Rudee, the
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"Encroachment Area"; and the Grantee has requested that the city
permit a Temporary Encroachment within the Encroachment Area.
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GPIN: 2427-00-3907
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NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee and for
the further consideration of One Dollar ($1.00), in hand paid to
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the city's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"ENCROACHMENT REQUEST PROPOSED PRIVATE PIER
FOR PAUL S. SAWYER LOT A, RESUB. LOTS 1 THRU
5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT
VIRGINIA BEACH, VA (INST. NO. 200208203019176)
DATE: FEBRUARY 22, 2003", a copy of which is
attached hereto as Exhibit II All to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized terminates upon notice
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by the city to the Grantee, and that within thirty (30) days
after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
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I expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority
to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
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Grantee must post a performance bond or other form of surety,
approved by the Development Services Center of the Planning
Department, in accordance with their engineer's cost estimate.
It is further expressly understood and agreed that the
Grantee must obtain an approved Joint Permit Application from the
Waterfront Operations Division of the Planning Department. The
Grantee also agrees to obtain a waterfront construction permit
from the aforementioned agency before beginning any work within
the Encroachment Area.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-risk property insurance
and general liability insurance, or such insurance as is deemed
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necessary by the City, and all insurance policies must name the
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City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies.
The Grantee will
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of,
or material change to, any of the insurance pol icies. The
Grantee assumes all responsibilities and liabilities, vested or
II
I
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the city.
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
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or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
I Engineering Division of the Department of Public utilities.
, I
II It is further expressly understood and agreed that the
II
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I I
II granted, may remove the Temporary Encroachment and charge the
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cost thereof to the Grantee, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and,
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pending such removal, the city may charge the Grantee for the use
of the Encroachment Area the equivalent of what would be the real
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property tax upon the land so occupied if it were owned by the f
Grantee; and, if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, PAUL S. SAWYER and DENA HIGH SAWYER,
his wife, the said Grantee has caused this Agreement to be
executed by their signatures and seals duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
( SEAL)
ATTEST:
( SEAL)
City Clerk
---tSEAL)
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
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The foregoing instrument was acknowledged before me
this
day of
by
, 20
City Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
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this
day of
, by
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RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF \' ; (- C' !-"_J I :\. ,
CITY/COUNTY of) \/'1" I l' j({ r\,-:-,uJ..\ )/\ , to-wit:
>')
The foregoing instrument was acknowledged before me
this ~i)'1 \.-, day of rr)C\\/ , 20C"'.: >) ,by PAUL
I
S. SAWYER and DENA HIGH SAWYER, his wife.
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My Commission Expires: (r L I:,' -,1 f "'y( '{ '.It f
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I, ! APPROVED AS TO
II LEGAL SUFFICIENCY
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APPROVED AS TO CONTENT
\blrlltd C. 02LL) ,(};>\.
6&TY REAL ESTATE AGENT
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LAKE RUDEE
N/F CITY OF VIRGINIA BEACH
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A 18'
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G 56'
RE-WORK EXISTING
RIPRAP HATCHED
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B 19'
C 30.
D 58'
E 67.
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LOT 6
2427-00-2080
LOT A
2427-00-3907
N
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2427-00-3922
PROPOSED
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5000.
3500'
71 94.
CARIBBEAN AVENUE (50' R/W)
<0 2002 WATERFRONT CONSULTING, INC ALL RIGHTS RESERVED
VIEW
SCALE 1" = 3D'
WA TERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE: (757) 425-8244
FAX: (757) 313-9788
ENCROACHMENT REQUEST
PROPOSED PRIVATE PEIR
FOR
PAUL S. SAWYER
LOTS A. RESUS LOTS 1 THRU 5. BLK 40. SHADOW LAWN HEIGHTS
BEACH DISTRICT VIRGINIA BEACH, VA
(INST NO 200208203019176) DA TE FEBRUARY 22, 2003
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- 40-
Item V-K 4.
RESOLUTIONS/ORDINANCES
ITEM # 51344
Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED:
Ordznance to ACCEPT and APPROPRIATE $1,599,750 from the Vlrgznza
Comprehensive Services Act office to the FY 2002-03 operatzng budget of the
Comprehensive Services Act (CSA) special revenue fund re mandated special
education and foster care services
V otzng
11-0 (By Consent)
Council Members Votzng Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S
McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood
Council Members Votzng Nay
None
Council Members Absent
None
June 24, 2003
1
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE
$1,599,750 IN ADDITIONAL STATE FUNDS
TO THE FY 2002-03 OPERATING BUDGET
OF THE COMPREHENSIVE SERVICES ACT
SPECIAL REVENUE FUND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
1.
That $1,599,750 is hereby accepted from the State's
11 Comprehensive Services Act Office and appropriated to the FY 2002-
12 03 Operating Budget of the Comprehensive Services Act Special
13 Revenue Fund to fully fund required services for FY 2002-03.
14
2 .
That estimated revenue from the Commonweal th of
15 Virginia is hereby increased by $1,599,750.
16
17 Adopted by the Council of the City of Virginia Beach,
18 Virginia on the
24th day of June
, 2003.
19
20 Requires an affirmative vote by a major~ty of the members of
21 City Council.
22
CA-8906
Noncode/word/CSA FY 2002-03 ord.doc
R2 June 12, 2003
DO~TQ~TENT
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
~t[~/~ice
- 41 -
Item V-K 5.
RESOLUTIONS/ORDINANCES
ITEM # 51345
Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Ordznance to APPROPRIATE $145,569 zn addztzonal State revenue and
$128, 760 of fund balance wzthzn the Sheriff's Department Speczal Revenue
Fund zn the FY 2003-04 operatzng budget re compensation and purchase of
additional equipment.
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24, 2003
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE
$274,329 TO THE SHERIFF'S
DEPARTMENT FY 2003-04 OPERATING
BUDGET TO ADDRESS COMPENSATION
ISSUES AND PROVIDE FOR THE PURCHASE
OF ADDITIONAL EQUIPMENT
WHEREAS, the State has provided $142,950 to fund a 2.25%
11 increase In the salaries of sworn positions in the Sherlff's
12 Department effective December 1, 2003 along with an additional
13 $2,619 for the purchase of a computer terminal to perform
14 background checks; and
15
WHEREAS, to allow the 2.25% increase to become effective
16 July 1, 2003, the Sheriff will provide $128,760 from fund balance
17 In the Sheriff's Department Special Revenue Fund.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
1.
That $145,569 in additional state revenue and $128,760
21 of fund balance from the Sheriff's Department Special Revenue
22 Funds is hereby appropriated to the Sheriff's Department Speclal
23 Revenue Fund in the FY 2003-04 Operating Budget to fund salary
24 adjustments effective July 1, 2003 and for offlce equipment.
25
2.
That the City will maintain starting salaries wlthln
26 the Sheriff's Department at least 90% of starting salarles
27 for comparable Police positions.
28
3.
That, In the FY 2003-04 Operating budget, estlmated
29 revenue from the state government is hereby increased by $145,569
30 and estimated revenue from the fund balance of the Sherlff's
31 Department Special Revenue Fund is hereby increased by $128,760.
32
Adopted by the Council of the City of Virginla Beach,
33
Virginia on the
24th day of June
2003.
34
35
36
37
38
39
40
41
APPROVED AS TO CONTENT
~CIENCY",/
~~a'5A_
APPROVED AS TO LEGAL
~(~\\)r.
Department of Management Services
Department of Law
- 42-
Item V-K 6.
RESOLUTIONS/ORDINANCES
ITEM # 51346
Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Ordmance to APPROPRIATE $5,450 m czvzl charges collected from the
Wetlands and Coastal Primary Sand Dune ordmance VIOlatIOns to the
Department of Agriculture's FY 2002-03 operatmg budget re environmental
restoration and habitat enhancement projects
V otmg
11-0 (By Consent)
Counczl Members Votmg Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUis R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votmg Nay
None
Counczl Members Absent
None
June 24,2003
1 AN ORDINANCE TO APPROPRIATE $5,450 IN
2 CIVIL CHARGES COLLECTED FROM WETLANDS AND
3 COASTAL PRIMARY SAND DUNE ZONING
4 ORDINANCE VIOLATIONS TO THE FY 2002-03
5 OPERATING BUDGET OF THE DEPARTMENT OF
6 AGRICULTURE TO BE USED FOR WETLANDS AND
7 COASTAL SAND DUNE RESTORATION AND
8 ENHANCEMENT PROJECTS
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
1. That $5,450 collected from Virginia Beach Wetlands
13 and Coastal Primary Sand Dune Zoning Ordinance violation charges
14 is hereby appropriated to the FY 2002-03 operating budget of the
15 Department of Agriculture for wetlands and coastal primary sand
16 dune restoration and enhancement projects.
17
2.
That estimated revenue in the FY 2002-03 operating
18 budget from Virginia Beach Wetlands and Coastal Primary Sand Dune
19 Zoning Ordinance civil charges is increased by $5,450.
20 Adopted by the Council of the City of Virglnla Beach,
21 Virginia, on the 24th day of June, 2003.
22
23 Requires an aff~rmat~ve vote by a ma]or~ty of members
24 of City Council.
CA8900
Noncode/Wetlands Civil Charges.ord.wpd
Rl - June 9, 2003
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY
~s-~
City Attorn~ Offi~
jJ~Q.
- 43-
Item V-K 7.
RESOLUTIONS/ORDINANCES
ITEM # 51347
Upon motIOn by V,ce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl ADOPTED:
Ordznance to TRANSFER $18,000 to the FY 2002-03 MUnicIpal CouncIl
DonatIOns account zn behalf of the Virginia Beach Public Schools Education
Foundation
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dlezel, Margaret L Eure, V,ce Mayor LoUIs R Jones, Reba S
McClanan, RlchardA Maddox, Mayor Meyera E Oberndorf, JIm Reeve, Peter
W Schmidt, Ron A VIllanueva, Rosemary Wilson and James 1. Wood
CounCIl Members Voting Nay
None
CounCIl Members Absent
None
June 24,2003
1 AN ORDINANCE DONATING $18,000 TO
2 THE VIRGINIA BEACH PUBLIC SCHOOLS
3 EDUCATION FOUNDATION
4 WHEREAS, the City has previously established the salary
5 of the Beach District Councilmember at zero dollars ($0) per annum;
6
WHEREAS, on July 2, 2003, an amount equal to a
7 Councilmember's salary ($18,000) was transferred from the FY 2002-
8 03 Municipal Council Salaries account to the FY 2002-03 Council
9 Donations account; and
10 WHEREAS, the City Council desires to donate these funds
11 to the Virginia Beach Public Schools Education Foundation, a tax
12 exempt non-profit organization.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, Virginia:
15 That $18,000 in the FY 2002-03 Council Donations account is
16 hereby donated to the Virginia Beach Public Schools Education
17 Foundation, as authorized by Virginia Code ~ 15.2-953.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia on the 24th day of June , 2003.
CA-8856
F:\Data\ATY\Ordin\VBSchoolsEducationFoundation.ord.wpd
R4 _ June 16, 2003
Approved as to Content:
Approved as to Legal
Sufficiency:
~<) ~Jj J ,~~\}~
Management Services \
~tS Ji~
FORM NO P S 18
Cit:v ~f Virgir1ia Beach
INTER-OFFICE CORRESPONDENCE
DATE: July 3, 2003
TO:
LeslIe L. Lilley
William M. Macali rIfU1
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE:
Inadvertent FaIlure to PublIsh NotIces
You have asked me to determIne the legal effect of the Vzrgznzan-Pzlot's inadvertent faIlure
to publish the second of two legal notices of public hearings for planning agenda Items scheduled
on the CIty Council's June 24 agenda. The notices were to be publIshed on June 8th and June 15th,
but only the June 8th notice actually appeared.
Under applIcable deciSIons of the Virginia Supreme Court, the City Council's actIons are VOId
ab znztzo Czty of Alexandrza v Potomac Greens Assoczates Partnershzp, 245 Va. 371 (1993). Each
ltem which was required to be advertised once per week for two successive weeks must be
readvertised twIce, since more than one week has already elapsed since the first publication appeared
on June 8th.
WMM
Enclosure
- 44-
Item V-L.
PLANNING
ITEM # 51348
1. TRACY REDBURN
2. KEMPSVILLE BUILDING MATERIALS, INC.
3. RACHAEL A. SPRINGER
4. MOSE MAST - VIRGINIA BEACH MARBLE CO.
5. GRAND SLAM USA
6. WAL-MART REAL ESTATE BUSINESS TRUST
7. JOSEPH G. PIPER
8. TRITON PCS/SUNCOM
9. CITY OF VIRGINIA BEACH
NONCONFORMING USE
STREET CLOSURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
VARIANCE
CHANGE OF ZONING
MODIFICATION TO THE GREEN
RUN LAND USE PLAN
AMENDMENT TO THE
SUBDIVISION ORDINANCE
re width of sidewalks
June 24,2003
- 45-
Item V-L.
PLANNING
ITEM # 51349
Upon motIOn by VIce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl APPROVED IN ONE
MOTION Items l(ALLOWED WITHDRAWAL), 2,4,5,6, 7 (ALLOWED WITHDRAWAL), 8 AND 9 of
the PLANNING BY CONSENT AGENDA.
ItemL 1. (REDBURN) was WITHDRAWN, BY CONSENT
ItemL 7 (PIPER) was WITHDRAWN, BY CONSENT
V otmg
11-0 (By Consent)
CouncIl Members Votmg Aye
Harry E Dlezel, Margaret L Eure, V,ce Mayor LoUls R Jones, Reba S
McClanan, R,chard A. Maddox, Mayor Meyera E Oberndorf, JIm Reeve, Peter
W SchmIdt, Ron A VIllanueva, Rosemary W,lson and James L Wood
CouncIl Members Votmg Nay
None
CouncIl Members Absent
None
V,ce Mayor Jones ABSTAINED on Item L 2 (KEMPSVILLE BUILDING MATERIALS, INC), as hIs
property IS adjacent to that of the applIcatIOn
V,ce Mayor Jones ABSTAINED on Item L 5 (GRAND SLAM USA), as hIs funeral home property IS
adjacent to the applicatIOn
CouncIl Lady McClanan voted a VERBAL NAY on Item L 5 (GRAND SLAM)
June 24, 2003
- 46-
Item V-L.I.
PLANNING
ITEM # 51349
Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Cay Counczl ALLOWED
WITHDRA W AL of the applzcatzon ofTRA CY REDB URN re expansIOn of a nonconformznf! use to construct
a garage for the one story structure at 615 Twenty-Szxth Street
ORDINANCE UPON APPLICATION OF TRACY REDBURN FOR THE
EXPANSION OF A NONCONFORMING USE
Ordznance upon Applzcatzon of Tracy Redburn for the ExpansIOn of a
Nonconformznf! Use on property located at 615 2(jh Street (GP IN 2 418808071)
DISTRICT 6 - BEACH
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay.
None
Counczl Members Absent
None
June 24,2003
- 47-
Item V-L.2.
PLANNING
ITEM # 51350
Upon motzon by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordznance upon applzcatzon of KEMPSVILLE BUILDING MA TERIALS, INC. re dlscontznuance. closure
and abandonment of a portzon of Denn Lane
Ordznance upon appllcatzon of Kempsville BUlldmg Materzals, Inc for the
dlscontmuance, closure and abandonment of a portIOn of Denn Lane located
on the north Side of Southern Boulevard, 250 feet west of Jersey Avenue
DISTRICT 2 - KEMPSVILLE
The followmg condltzons shall be required
1 The City Attorney's Office shall make the final determmatzon regardmg
ownership of the underlymgfee The purchase przce to be paid to the City
shall be determmed accordmg to the "Polzcy Regardmg Purchase of City 's
Interest zn Streets Pursuant to Street Closures, " approved by City Council
Copies of the polzcy are available m the Plannzng Department
2 The applicant shall resubdlVlde the property and vacate mternallot lmes
to incorporate the closed area mto the adjoznzng parcels The plat shall be
submitted and approved for recordatzon prIOr to final street closure
approval
3 The applzcant shall verify that no przvate utllztles eXist wlthm the rzght-of-
way proposed for closure Prelzmmary comments from Dommzon Vlrglnza
Power and Vlrgmla Natural Gas mdlcate that there are none of their
facilities wlthm the rzght-of-way proposed for closure Prelzmmary
comments from HRSD mdlcate that there are facilities m the surroundmg
area and the applzcant must verify any easement requirements prIOr to
submittal of the final plat
4 Closure of the rzght-of-way shall be contmgent upon complzance with the
above stated conditions wlthzn 365 days of approval by City CounCil If the
condltzons noted above are not accomplished and the final plat IS not
approved wlthm one year of the City CounCil vote to close the right-of- way,
this approval shall be considered null and VOId
June 24,2003
- 48-
Item V-L.2.
PLANNING ITEM # 51350 (Continued)
V otmg 10-0 (By Consent)
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Reba S McClanan, Rlchard A Maddox,
Mayor Meyera E Oberndorf, Jlm Reeve, Peter W Schmldt, Ron A Vlllanueva,
Rosemary Wllson and James L Wood
Counczl Members Votmg Nay
None
Counczl Members Abstammg
Vlce Mayor Louls R Jones
Councll Members Absent.
None
Vlce Mayor Jones ABSTAINED on Item L 2 (KEMPSVILLE BUILDING MATERIALS, INC , as hls property
lS adjacent to the applzcation
June 24,2003
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS DENN LANE AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "R/W CLOSURE
EXHIBIT OF THE EASTERLY 25' PORTION OF DENN
LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID
PLACE AND THE WESTERLY 25' PORTION OF DENN
LANE ADJACENT TO LOT 33, BLOCK 49, EUCLID
PLACE FOR KEMPSVILLE BUILDING MATERIALS,
VIRIGNIA BEACH, VIRGINIA" A COpy OF WHICH IS
ATIACHED HERETO AS EXHIBIT A.
WHEREAS, Kempsville Building Materials, Inc. applied to the Council of the City of
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated;
and
WHEREAS, it is the Judgment of the CouncIl that said street be dIscontinued, closed,
and vacated, subject to certain conditions havIng been met on or before One (1) year from City
Council's adoption of tlus Ordinance;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of V uginIa Beach, Virginia, that the
hereInafter descnbed street be discontInued, closed and vacated, subject to certain conditlons beIng
met on or before One (1) year from City Council's adoptIon of thIS ordInance:
GPIN: (1467-84-5350, 1467-84-4898 and 1467-84-1392)
All that certaIn piece or parcel of land SItuate, lying and beIng in the
CIty of VirgInIa Beach, Virginia, designated and described as
"WESTERN Y2 OF DENN LANE TO BE CLOSED" and
"EASTERN Y2 OF DENN LANE TO BE CLOSED" shown as the
cross-hatched area on that certain plat entitled: "RJW CLOSURE
EXHffiIT OF THE EASTERLY 25' PORTION OF DENN LANE
ADJACENT TO LOT 42, BLOCK 48, EUCLID PLACE AND THE
WESTERLY 25' PORTION OF DENN LANE ADJACENT TO
LOT 33, BLOCK 49, EUCLID PLACE FOR KEMPSVn...LE
BUn...DING MATERIALS, VIRIGNIA BEACH, VIRGINIA", Scale:
1 "=30', dated Apnl 02, 2003, prepared by Kellam-Gerwitz
EngIneering, Inc , a copy of which is attached hereto as Exhibit A.
SECTION n
The following conditions must be met on or before One (1) year from CIty CouncIl's
adoption of this ordinance:
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 detennined according to the
"Pohcy Regarding Purchase of City's Interest In Streets Pursuant to Street Closures," approved by
City CounCIl. Copies of SaId policy are available In the Planning Department.
2. The applicant shall resubdivIde the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdIvision plat shall be submitted and
approved for recordatIon pnor to final street closure approval.
3. The applIcant shall verify that no private utilitIes eXIst within the nght-of-way
proposed for closure. Prelinunary comments from the utilIty companIes indicate that there are no
pnvate utIlItIes WIthIn the nght-of-way proposed for closure. If pnvate utIlItIes do exist, the
applicant shall prOVIde easements satIsfactory to the utilIty companIes.
4. Closure of the nght-of-way shall be contIngent upon complIance WIth the above
stated conditions WIthIn 365 days of approval by City CounCIl. If all condItions noted above are not
in compliance and the final plat IS not approved WIthIn one year of the CIty CouncIl vote to close the
street, thIS approval wIll be considered null and VOId.
1. THIS EXHIBIT IS BASED ON DOCUMENTS
OF RECORD AND DOES NOT CONSTITUTE
A BOUNDARY SURVEY NOR A GRAPHIC SCALE
SUBDIVISION OF LAND. A FIELD SURVEY
HAS NOT BEEN PERFORMED. 15 0 15 30 60
k..-_-L-~ I I
2. THIS EXHIBIT IS INTENDED TO DEPICT FEET
THE PROPOSED R/W TO BE CLOSED 1 INCH = 30 FEET
ABOUT THE PROPERTY SHOWN HEREON
AND IS NOT INTENDED FOR ANY OTHER
mAN GENERAL REFERENCE.
28 ~~~ 12
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29 CO ~:Z~\J ~ 13
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30
-- ---- VACA TED - -- --
(TYP)
31 15
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32 76
I I "I I I I
I I I I I I
I I I R/W TO BE I I
VACA TED
, I I I I
I I I I I
I 35 I 34 I 42 47 I 40 I
I I I I I
I I I I I
I I I I
I I I I
S 89.48'15"~ 615.58'
WESTERL Y M OF
DENN LANE TO
BE CLOSED
SOUTHERN BOULEVARD
IV VAR WIDTH R/W IV
M B. 4. P. 63 (M.B. 4, P. 63) V020B5JWD<H dwg
SCALE: 1- "'" 30' 02 APRIL. 200.3 TMF /wcg
R/W CLOSURE EXHIBIT OF
The easterly 25' portIon of Denn Lane adjacent to Lot 42, I II KELLAM - G ERWITZ
Block 48, EucIJd Place and the westerly 25' portIOn of Denn I ~ - (G ENGINEERING INC.
Lane adjacent to Lot 33, Block 49, Euclid Place N - - ENGlNEERING-SUR~NG-PLANNING
FOR I , r ~oo CENTRAL DRIVE
KEMPSVILLE BUILDING MA TERIALS VIRGINIA ~Jt~~~A 234S4
VIRGINIA BEACH VIRGINIA (757)30-0828
\ EASTERL Y J2 OF
~ DENN LANE TO
BE CLOSED
SECTION ill
1. If the precedIng conditIons are not fulfilled on or before June 23, 2004, this
Ordinance wIll be deemed null and void without further actIon by the CIty Councll.
2. If all conditIons are met on or before June 23,2004, the date affinal closure is
the date the street closure ordInance IS recorded by the City Attorney.
SECTION IV
A certified copy of this Ordinance shall be filed In the Clerk's Office of the Circuit
Court of the City of VirginIa Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA
BEACH as "Grantor."
Adopted by the Council of the City of VirginIa Beach, V ugInia, on thIS 24th day of
June
, 2003.
CA-8738
May 22, 2003
F \Data\ATY\Forms\Street Closure\WORKING\CA8738 ORD doc
APPROVED AS TO CONTENT
~ S'"~Z.~.6-S
~
Planmng Department
APPROVEDASTOLEG~_
W~3
City Attorney
3
- 49-
Item V-L.3.
PLANNING
ITEM # 51351
Rachael Sprmger, 5544 Hatteras Road, Phone 333-2752, represented her applzcation and dlstrzbuted a
letter of support from Dr Cynthza L Branch, her dogs' vetermarzan, a petitIOn and a schematic of the
plantmg bed
Upon motIOn by Councilman Dlezel, seconded by Councilman Schmidt, City Counczl ADOPTED an
Ordmance upon apPlzcatzon of RACHAEL A. SPRINGER for a ConditIOnal Use Permit
ORDINANCE UPON APPLICATION OF RACHAEL A SPRINGER FOR A
CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL Z060331106
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applzcatzon of Rachael A Sprmger for a ConditIOnal Use
Permit for a reSidential kennel on property located at 5544 Hatteras Road
(GPIN 1467128236) DISTRICT 2 - KEMPSVILLE
The followmg conditions shall be required
1 No more than seven adult dogs (over SIX months of age) shall be kept on the
property at any time No breedmg, groommg, or boardmg of any other
dogs for monetary or non-monetary purposes shall be permitted
2 A mlmmum three-foot plantmg bed shall be mstalled adjacent to the
natural area on the northwest side of the property The bed shall be
consistent With Chesapeake Bay PreservatIOn Area (CBP A) Plantmg Bed
drawmg available at the Planmng Department's Development Services
Center
3 Dog lztter shall be picked up and disposed of on a dally basis.
4 The ConditIOnal Use Permit shall be reviewed on an annual baSIS
This Ordmance shall be effective m accordance With SectIOn 107 (j) of the Zomng Ordmance
Adopted by the CounCil of the City of Vlrglma Beach, Virginia, on the Twenty-fourth of June, Two
Thousand Three
June 24,2003
- 50-
Item V-L.3.
PLANNING ITEM # 51351 (Continued)
Votmg 9-2
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Richard A
Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A
Villanueva and Rosemary Wilson
Counczl Members Votmg Nay
Reba S McClanan and James L Wood
Council Members Absent
None
June 24, 2003
- 51 -
Item V-L.4.
PLANNING
ITEM # 51352
Upon motIOn by Vice Mayor Jones, seconded by Counczlman Maddox, City Council ADOPTED an
Ordmance upon applzcatlOn ofMOSE MAST - VIRGINIA BEACH MARBLE CO. for a ConditIOnal Use
Permit re a bulk storage yard
ORDINANCE UPON APPLICATION OF MOSE MAST - VIRGINIA BEACH
MARBLE CO FORA CONDITIONAL USE PERMIT Z060331107
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon ApplicatIOn of Mose Mast - Vlrglma Beach Marble Co for a
ConditIOnal Use Permit for a bulk storage yard on property located at 506
V,kmg Drzve (GPIN 1497507390) DISTRICT 6 - BEACH
The followmg conditIOns shall be required
1 A solzd fence at least SIX feet m height and Category VI landscapmg shall
be provided along the entire perzmeter of the bulk storage area, except for
necessary Ingress/egress
2 The locatIOn of the access gate for the storage area shall be shown on the
final site plan
3 ConstructIOn of the bulk storage yard shall be completed wlthm 90 days of
ConditIOnal Use Permit approval Tilt; Jel1h-t, aile, j (ul I e,~tly 0l10, t;d ih t,',e
pal kt,tg a, ea 011 tlte Jde Ol}~a:Z he , t;mOved t-vd;~m J8 duy'J uf comp:etiOtl of
the hulk Jto, uge yal d
This Ordmance shall be effective m accordance with SectIOn 107 (f) of the Zomng Ordmance
Adopted by the CounCil of the City of Vlrglnza Beach, V,rgmza, on the Twenty-fourth of June, Two
Thousand Three
Votmg
11-0 (By Consent)
CounCil Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vice Mayor LOUlS R Jones, Reba S
McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood
CounCil Members Votmg Nay
None
CounCil Members Absent
None
June 24, 2003
- 52-
Item V-L.5.
PLANNING
ITEM # 51353
Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an
Ordmance upon applzcatzon of GRAND SLAM USA for a ConditIOnal Use Permit
ORDINANCE UPON APPLICATION OF GRAND SLAM USA FOR A
CONDITIONAL USE PERMIT Z060331108
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applzcatzon of Grand Slam USA for a ConditIOnal Use Permit
for a commerczal recreatIOnal facllzty other than those of an outdoor nature
(baseball/softball) on property located at 3636 Vlrgmza Beach Boulevard, SUite
107 (GPIN 1487549708). DISTRICT 5 -LYNNHAVEN
The followmg conditIOns shall be reqUired
1 A Certificate of Occupancy shall be obtamed from the BUlldmg
Officzal before the Issuance of any busmess lzcense or buildmg
permit assoczated with the request
2 No storage or repair of recreatIOnal equipment shall be
permitted outside the bUlldmg
3 No additIOnal site lzghtmg shall be mstalled beyond that needed
for site securzty, all of which shall be shielded away from all
adjozmng properties
This Ordmance shall be effective m accordance with SectIOn 107 (j) of the Zomng Ordmance
Adopted by the Council of the City of Vlrglma Beach, Vlrgmza, on the Twenty-fourth of June, Two
Thousand Three
June 24,2003
- 53-
Item V-L.5.
PLANNING ITEM # 51353 (Continued)
V otmg 9-1 (By Consent)
Council Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Richard A Maddox, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson
and James L. Wood
Council Members Votmg Nay
Reba S McClanan
Council Members Abstalmng
Vice Mayor LOUlS R Jones
Counczl Members Absent
None
Vice Mayor Jones ABSTAINED on Item L 5 (GRAND SLAM USA), as his funeral home property IS
adjacent to that of the applzcatlOn
June 24,2003
- 54-
Item V-L.6.
PLANNING
ITEM # 51354
Upon motlOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED an
Ordmance upon ApplzcatlOn of W AL-MART REAL ESTATE BUSINESS TRUST for a CondztlOnal Use
Permzt
ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE
BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR A BULK
STORAGE FACILITY ON PROPERTY Z060331109
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon ApplzcatlOn of Wal-Mart Real Estate Business Trust for a
CondztlOnal Use Permzt for a bulk storage faczlzty on property located at 1149
Nzmmo Parkway (GPIN # 2414-25-6765) DISTRICT 7 - PRINCESS ANNE
The followmg condztlOns shall be requzred
1 The seasonal sales areas and the pallet and recyclable cardboard storage
area shall be located on the szte as depicted on the submztted szte plan
tztled "WAL-MART SUPER CENTER, RED MILL COMMONS, SITE
LA YOUT", dated 02/25/03, and prepared by Kzmley-Horn and Assoczates
2 The seasonal sales areas shall be delmeated by a decoratzve wrought zron
fence, not less than szx (6)feet m hezght, wzth Category I shrubs planted on
the outszde of the fence The applzcant shall obtam a varzance from the
Board of Zonzng Appeals for the use of thzs m lzeu of the Category VI
fencmg requzrement
3 The palette and recyclable cardboard storage area shall be screened as
depzcted on the submztted szte plan tztled "WAL-MART SUPER CENTER,
RED MILL COMMONS, SITE LA YOUT", dated 02/25/03, and prepared
by Kzmley-Horn and Assoczates. The applzcant shall obtam a varzance from
the Board of Zonzng Appeals for the use of thzs m lzeu of the Category VI
screenmg requzrement
4 The applzcant shall delmeate on-szte a crosswalk from the buzldmg /
garden center area to the seasonal sales areas Staff wzll asszst the
applzcant wzth the adequate wzdth and locations
Thzs Ordmance shall be effectzve m accordance wzth SectlOn 107 (f) of the Zonmg Ordmance
Adopted by the Counczl of the Czty of Vzrgznza Beach, Vzrgznza, on the Twenty-fourth of June, Two
Thousand Three
June 24,2003
- 55-
Item V-L.6.
PLANNING ITEM # 51354 (Continued)
Voting 11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE. Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members V otzng Nay
None
Counczl Members Absent
None
June 24,2003
- 56-
Item V-L. 7.
PLANNING
ITEM # 51355
Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ALLOWED
WITHDRA W AL of applzcatzons of JOSEPH G. PIPER to subdzvzde the exzstzng lot znto three (3) lots, wzth
two (2) flag lots, at 2332 Seaboard Road wzth a Varzance to ~ 4 4(b) of the Subdzviszon Ordznance and a
Chanf!e ofZonznf! Dzstrzct Classzficatzonfrom AG-2 Agrzcultural Dzstrzct to R-15 Reszdentzal Dzstrzct
Deczszons of Admznzstratzve Officers zn regard to certazn elements of the
Subdzvzszon Ordznance, Subdzvzszon for Joseph G Pzper Property zs located
at 2332 Seaboard Road (GPIN 2404547746) DISTRICT 7 - PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATIONOF JOSEPHG PIPER FORA CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL
DISTRICT TO R-15
Ordznance upon Applzcatzon of Joseph G Pzper for a Change ofZonzng
Dzstrzct Classzficatzon from AG-2 Agrzcultural Dzstrzct to R-15
Reszdentzal Dzstrzct on property located at 2332 Seaboard Road (GPIN
2404547746). DISTRICT 7 - PRINCESS ANNE
V otzng
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24, 2003
- 57-
Item V-L.B.
PLANNING
ITEM # 51356
Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, Clty Council APPROVED Ordznance
upon applzcatwn of TRITON PCS/SUNCOMfora MODIFICATIONTO THE GREEN RUN LAND USE
PLAN
Ordznance upon ApplicatIOn ofTrzton PCS/SunComfor a ModificatIOn to the
Green Run Land Use Plan for a wireless commumcatwn tower on property
located on the east side of Independence Boulevard, approximately 700 feet
southeast of Nesbitt Drzve within an eXlstzng Vlrgznia Power substatIOn (GPIN
1485395034) DISTRICT 3 - ROSE HALL
The purpose of the request IS to construct a 90-foot commumcatwn tower with a Domznzon Vlrglma Power
substatIOn area
1 The tower and equipment shelter shall be constructed as depicted
on the submitted site plan entitled HTrzton PCS Raw Land
SubstatIOn, S Independence Blvd, Vlrglma Beach, VA 23455, "
prepared by 02 Wireless, Inc, dated 11/15/02 However, the
tower shall be designed to accommodate one additIOnal user A
copy of the plan has been presented to City Counczl and IS on file
zn the Plannzng Department
2 The tower structure design shall be modified to accommodate at
least two antenna loads at different heights zn order to provide
for future co-locatIOn opportumtles A revised structural report
certifyzng that the tower IS capable of handlzng addltzonal
antenna load at a specified height shall be provided with the
detazled site plan
3 Landscapzng shall be znstalled as depicted on sheet Z8 of the
submitted site plan Identified zn ConditIOn 1 above
4 The fence securzng the equipment shelter and tower shall match
the eXlstzngfence at the substatIOn No barbed Wire, razor Wire,
or electrificatIOn shall be permitted
5 The tower and antennae shall not exceed (mnety) 90 feet zn
height
6 The commumcatwn tower shall be a standard gray color In the
event that the Federal AViatIOn Admznistratzon or other lzcenszng
entity requires that the tower be paznted another color, the height
of the tower shall be reduced to a level that Will ellmznate the
requirement that It be paznted
June 24,2003
Item V-L.8.
PLANNING
Votmg
- 58-
ITEM # 51356 (Continued)
7
Unless a wazver zs obtazned from the Czty of Vzrgznza Beach
Department of Commumcatzons and Informatzon Technology
(COMIT), a radzo frequency emzsszons study (RF Study),
conducted by a qualified engzneer lzcensed to practzce zn the
Commonwealth of Vzrgznza, showzng that the zntended user(s)
wzll not znterfere wzth any Czty of Vzrgzma Beach emergency
commumcatzons faczlztzes, shall be provzded przor to szte plan
approval for the tower and all subsequent users
8
In the event znterference wzth any Cztyemergency
communzcatzons faczlztzes arzses from the users of thzs tower, the
user(s) shall take all measures reasonably necessary to correct
and elzmznate the znterference If the znterference cannot be
elzmznated wzthzn a reasonable tzme, the user shallzmmedzately
cease operatzon to the extent necessary to stop the znterference
9
Should the antennae cease to be used for a perzod of more than
one (1) year, the applzcant shall remove the antennae and thezr
supportmg towers and related equzpment
11-0 (By Consent)
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24,2003
- 59-
Item V-L.9.
PLANNING
ITEM # 51357
Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED:
Ordznance to AMEND 9 5.6 of the Czty's Subdzvzszon Ordznance re
the width of sidewalks.
V otmg
11-0 (By Consent)
Counczl Members Votmg Aye.
Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, RzchardA. Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter
W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood
Counczl Members V otmg Nay:
None
Counczl Members Absent
None
June 24, 2003
1 AN ORDINANCE TO AMEND THE SUBDIVISION
2 REGULATIONS PERTAINING TO SIDEWALKS
3 SECTION AMENDED: ~ 5.6
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6
That Section 5.6 of the Subdivision Regulations is hereby
7 amended and reordained to read as follows:
8 Sec. 5.6. Sidewalks.
9
Where constructed, sidewalks shall be in accord accordance
10 with the specifications and standards of the department of public
11 works, as approved by the council of the City of Virginia Beach and
12 the standards established bv the Americans With Disabilities Act.
13
(a) Sidewalks forty eigLt (40) il!cLes ill widtL or stIch
14 addi tiOI!(~l widtL as reqtIired b}? tLe director of plald!il!g or Lis
15 desigl!ee to TILatcL existil!g inlprovenLel!ts shall be constructed on
16
both sides of arterial or collector streets.
The director of
17 plannina or his desianee mav reauire additional sidewalk width to
18 match existina improvements.
19
(b) Sidewalks fort}? eigLt (40) il!cLes il! widtl! shall be
20 constructed on both sides of minor streets within subdivisions
21 proposed for multiple-family or commercial use and may be required
22 on one (1) or both sides of minor streets in subdivisions proposed
23 for industrial use, if the director of planning finds such
24 requirement necessary in view of desirable continuity of flow of
25
substantial pedestrian traffic.
The director of plannina or his
26 desianee may reauire additional sidewalk width to match existina
27 improvements.
28
(c) Sidewalks forty eigLt (40) illcLe~ ill ~idtL shall be
29
constructed on one
( 1 )
side of each minor street within
30 subdivisions proposed for one-family, two-family or townhouse
31 residential use and where minimum lot width requirements as
32 specified in the zoning ordinance are less than one hundred (100)
33 feet. As an exception to this requirement, no sidewalk is required
34 where not more than twenty-five (25) dwelling units could be
35 constructed on property served by the street. This applies only if
36 the street could not reasonably be extended to serve more dwelling
37
units.
The director of plannina or his desianee may reauire
38
additional sidewalk width to match existina improvements.
39
40
41
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24th day of June, 2003.
CA-8864
DATA/ORDIN/PROPOSED/subreg05.6ord.wpd
R2 - April 28, 2003
2
Item V-M.l.
- 60-
APPOINTMENTS
ITEM#5l358
BY CONSENSUS, Czty Counczl RESCHEDULED thefollowing APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
BEACHESAND WATERWAYS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
YOUTH SERVICES COUNCIL
June 24,2003
- 61 -
ITEM # 51359
Mayor Meyera E Oberndorf entertamed a motIOn to permlt Clty Councll to conduct ltS CLOSED
SESSION, pursuant to SectIOn 2 1-344( A), Code of Vlrglma, as amended, for the followmg purpose.
PERSONNEL MA TTERS D,scusslOn, conslderatlOn or mtervlews of prospectlve
candldates for employment, asslgnment, appointment, promotIOn, performance, demotIOn,
salanes, dlsclplmmg, or reslgnatlOn of specific publzc officers, appomtees, or employees
pursuant to SectIOn 2 2-3711 (A) (1)
To Wlt. Appomtments
Boards and CommlsslOns
Arts and Humamtles CommlsslOn
Beaches and Waterways CommlsslOn
Hampton Roads Economlc Development Allzance
Hampton Roads Planmng Dlstnct CommlSSlOn
Parks and RecreatIOn CommlsslOn
Performmg Arts Theatre Advlsory Commlttee
Publzc Llbrary Board
Shore Drzve Advlsory Commlttee
Towmg Advlsory Board
Youth Servlces Coordmatmg Counczl
Annual Revlew of Performance of Counczl Appomtees
PUBLICLY-HELD PROPERTY D,scusslOn or conslderatlOn of the acqulsltlOn of real
property for a publzc purpose, or of the dlSposltlOn of publzcly-held real property, where
d,scusslOn m an open meetmg would adversely affect the bargammg posltlOn or negotzatmg
strategy of the publzc body pursuant to SectIOn 2 2-3711 (A) (3)
AcqUlsltlOn/DlsposltlOn of Property - Bayslde Dlstnct
- Beach Dlstnct
- Prmcess Anne Dstnct
Upon motIOn by Vlce Mayor Jones, seconded by Councllman Schmldt, Clty Councll voted to proceed into
CLOSED SESSION (7:01 P.M.).
Votmg 11-0
Councll Members Votmg Aye
Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S lvlcClanan,
Rlchard A Maddox, Mayor Meyera E Oberndorf, Jlm Reeve, Peter W Schmldt, Ron A
Vlllanueva, Rosemary Wzlson and James L Wood
Councll Members Votmg Nay
None
Councll Members Absent
None
(7:01 P.M. - 8:57 P.M.)
June 24,2003
- 62-
ITEM # 51360
Mayor Meyera E OberndorfRECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL m the City Council Conference Room, City Hall BUlldmg, on Tuesday, June 24, 2003, at 8 57
PM
Council Members Present
Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba
S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and
James L Wood
Council Members Absent
None
June 24, 2003
- 63-
CERTIFICATION OF
CLOSED SESSION
ITEM # 51361
Upon motIOn by Counczl Lady Eure, seconded by Counczlman Wood, Czty Counczl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only publzc buszness matters lawfully exempted from Open Meetzng
requzrements by Vzrgznia law were dzscussed zn Closed SessIOn to whzch
thzs certificatIOn resolutIOn applzes,
AND,
Only such publzc buszness matters as were zdentified zn the motIOn
convenzng the Closed SessIOn were heard, dzscussed or conszdered by
Vzrgznza Beach Czty Counczl
Votzng" 11-0
Counczl Members Votzng Aye
Harry E Dzezel, Margaret L. Eure, Vzce Mayor LoUls R Jones, Reba S
McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve,
Peter W Schmzdt, Ron A Vzllanueva Rosemary Wzlson and James L
Wood
Counczl Members Votzng Nay
None
Counczl Members Absent
None
June 24,2003
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 # 51359, page 61, and In accordance WIth the
prOVISIOns of The Virginia Freedom of Information Act; and,
WHEREAS: SectIon 2 2-3711 (A) of the Code ofVIrgmIa reqUIres a certification by the governmg
body that such Closed SeSSIOn was conducted In conformIty WIth VIrgInIa law
NOW, THEREFORE, BE IT RESOL YED: That the VIrgmIa 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
apphes; and, (b) only such pubhc busmess matters as were IdentIfied m the motIon convenIng thIS Closed
SeSSIOn were heard, dIscussed or consIdered by VIrgInIa Beach CIty CouncIl
~(bJt~,. J~
Ruth Hodges SmIth, MMC
CIty Clerk
June 24, 2003
- 64-
Item v-p
ADJOURNMENT
ITEM # 51362
Mayor Meyera E Oberndorf DECLARED the Czty Counczl Meetzng ADJOURNED at 9:00 P.M.
_c2l~__fl~~
Beverly 0 Hooks, CMC
Chzef Deputy Czty Clerk
12 ___~
~;ges Smzth, MMC
Czty Clerk
Meyera E Oberndorf
Mayor
City of Vzrgznza Beach
Vzrgznza
June 24, 2003