OCTOBER 14, 2003 MINUTESCITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2
MARGARET L EURE Centervdle -Dtstrtct I
REBA S McCLANAN, Rme Hall -Dtstrtct 3
RIUHARD A MADDOX, Beach - Dt~trtct 6
JIM REEVE, Prmcevv Anne - Dtvtrtct 7
PETER W SCHMIDT, At-Large
RON A k7LLANUEVA, At-Large
ROSEMARY WILSON, At-Large
/AMES L WOOD, Lynnhaven -Dr ~trtct 5
lAMES K SPORE, Ctty Manager
LESLIh L LILLEY, Cay Attorney
RUTH HODGES SMITH, MM(, ( try Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
( 1TY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, ~TRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
14 October 2003
I. CONSTITUTIONAL OFFICER BRIEFING
- Conference Room-
2:30 PM
mo
DMV CONTRACT LICENSE AGENT
John T. Atkinson, Treasurer
II. CITY MANAGER'S BRIEFINGS
mo
Bo
COMMUNITY LEGISLATWE PACKAGE LAW ENFORCEMENT
Robert Matthias, Assistant to the C~ty Manager
EMERGENCY RESPONSE SYSTEM
James K Spore, City Manager
III REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V,
INFORMAL SESSION
A CALL TO ORDER - Mayor Meyera E Obemdorf
- Conference Room-
4:30 PM
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber-
6:00PM
A. CALL TO ORDER - Mayor Meyera E Obemdorf
B. INVOCATION:
Father Ken Wood
Holy Sprat Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1 INFORMAL AND FORMAL SESSIONS
October 7, 2003
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I RESOLUTION/ORDINANCE
Resolution re the City's 2004 COMMUNITY LEGISLATIVE AGENDA to REQUEST
Members of the City's local General Assembly Delegation sponsor and/or support legislation
that would carry out the goals and objectives set forth thenn.
Ordinance to AUTHORIZE and DIRECT the City Manager execute a Police Mutual Aid
Agreement with the Cities of Chesapeake, Hampton, Newport News, Norfolk, Wllhamsburg,
Portsmouth, Suffolk, Vlrg~ma Beach, the Counties of James City and York, and the Town of
Smithfield
J PLANNING - NO ACTION
o
Apphcat~on of RAYMOND, SR. AND MARILYN I. CAFFEE for a Change of Zoning
D~stnct Classfficatlon from A-12 Apartment Dtstrtct to R-5D Restdenttal Duplex Dtstrtct at
5019 Bonney Road.
(DISTRICT 2 - KEMPSVILLE)
K. PLANNING
Ko
o
Application of CRAB CREEK HOMEOWNERS ASSOCIATION, INC. for a
Modification of Conditions on a Condmonal Use Permit for a community boat dock
(approved by City Council on October 24, 2000) at 2096, 2098, 2092, 2094 Tazewell Road
and 3557, 3559, 3561, 3563 P~edmont C~rcle.
(DISTRICT 4 - BAYSIDE)
Staff Recommendation:
DEFER to Oct. 28, 2003
°
Apphcat~on of POTOMAC CONFERENCE CORPORATION OF SEVENTH-DAY
ADVENTIST for the Modification of a Conditional Use Permit for a church (approved by
City Council on October 29, 2002) at Holland Road, south of Sh~pps Comer Road.
(DISTRICT 6- BEACH)
Recommendation:
APPROVAL
°
Appllcat~on of LESLIE LEEDY for a Conditional Use Permit for a museum and art gallery
at 2025 Indian River Road.
(DISTRICT 7- PRINCESS ANNE)
Recommendation:
APPROVAL
.
Apphcation of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a Conditional Use
Permit for a church at the northeast intersection of North Great Neck Road and Old Donation
Parkway. (DISTRICT 5 - LYNNHAVE~
Recommendation:
APPROVAL
Appllcat~on of JOSEPH G. PIPER for a Change of Zoning District Classfficat~onfrom AG-2
Agrtcultural Dtstrtct to Condmonal R-10 Restdenttal Dtstrtct at 2332 Seaboard Road.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
APPOINTMENTS
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
Lo
Mo
N.
Agenda 10/9/03/sb
www vbgov corn
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
If you are physically d~sabled or visually impaired
and need assistance at th~s raeetmg,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TOD only 427-4305
( FDD - Telephomc Dewce for the Deaf)
OUR N~~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 October 2003
Mayor Meyera E Oberndorf called to order the Ctty Treasurer's Brtefing re l)MV CONTRA CTLICENSE
AGENT, tn the Ctty Counctl Conference Room, Ctty Hall, on Tuesday, October 14, 2003, at 2 30 PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, RtchardA Maddox, MayorMeyera E Oberndorf, Jim
Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Council Members Absent
Rosemary Wtlson
[ATTENDING COUSIN'S FUNERAL tn
North Carohna]
-2-
CONSTITUTIONAL OFFICER BRIEFING
DIVISION OF MOTOR VEHICLES (DMV) CONTRACT LICENSE AGENT
2:30 P.M.
ITEM # 51782
John T Atktnson, Treasurer, dtstrtbuted correspondence relative the Division of Motor Vehicles (DMV)
Contract License Agent wtth estimates of added income and expense for a Virginia Beach DMVAgency
in the City Treasurer's office during Stage One Mr Atkmson referenced the Ctty Manager 's posttton paper
dtstrtbuted last week
Durtng the Clty Councd's Retreat, hours were expended &scusslng how to tncrease servtces to the ctttzens
Provtdtng a Vtrgmta Beach Dtvtston of Motor Vehtcle Agency (DMV) tn the Treasurer's Office wdl provtde
convenience to 450,000 citizens and over 120 automobile dealershtps Relattve the long hnes and watts at
the two (2) Dtvtston of Motor Vehicles offices tn Vtrgtnta Beach, investigation tndtcates state budget
problems, Virginia Beach's Local Vehicle Registration (L VR) and its Vehicle Registration Withholding
Program (VR WP) have made the hnes tn Vtrgmta Beach worse DMVts aware of theproblem and ts wdhng
to help by contractmg for an Automated License Agency with the City DMV has thtrty (30) of these
facthttes statewtde tn areas where tt ts hard pressed to provide its preferred htgh level o. f servtce, such as
outlying counttes and overburdened metropohtan areas The standard agreement requtres the Agent to
provtde facthttes and staff DMV provtdes training and mamtams ownershtp of computer equtpment,
software, telecommumcatton hnes, forms, stock, adverttstng, postage and long distance fees Agents are
compensated at the rate of 3 5% of the gross revenue collected The spreadsheet distributed to Ctty Councd
outhnes the Vtrgmta Beach Agency's tntttal startup operatton Vtrgmta Beach can expect an average
payment from DMV of approximately $1.40 per transaction The spreadsheet assumes a modest 4,400
transacttons per month from the Treasurer's extsttng personnel Thts would generate an addtttonal $6,100
per month net to the City to reduce tts current cost or to expand theprogram andprovtde addmonal servtces
The addttton of temporarypersonnel would tncrease convemence and revenue the Ctty can expect to recetve
The Ctty Manager's concern was relattve long hnes at Ctty Hall Ehmmatmg Ctty decals reduced the Ctty
Treasurer's transactions by' 350, 000 280, 000 of these transacttons wereperformed tn January and February
and thus the long hnes When the number of transacttons drop below 75.000, ts divided by four and then
spread over twelve months, the hnes wtll be short and the customers wtll recetve faster servtce than
currently through the Dtvtston of Motor Vehtcles There wdl be no expendttures before there ts adequate
tncome whtch guarantees a profit Mr Atktnson would be performtng a DMV transactton, the Local Vehtcle
Registration would be 'half the transaction and DMV would pay the City approxtmately $1 75 for
performtng thts task The DMV has nothtng to do wtth collecttng Personal Property Taxes The phase out
of Personal Property being taxed wall not tmpact theprogram at all The DMVhas been very accommodattng
and wdl allow the sohcttatton of automobtle dealer busmess Thts offers the Ctty largerprofits, but has not
been mcluded tn Mr Atkmson 's ortgtnal proposal Mr Atktnson ts confident the City Treasurer's office can
adequately provtde for credtt card transaction The fees would be pard by the Dtvtston of Motor Vehtcles
All equtpment wdl be supphed by DMV Mr Atkmson advtsed the expense for addtttonal securtty ($1 O, 000),
tf necessary, would not occur untd the funds have been collected by the Treasurer's office
The Commissioner of Revenue proposed a 2-step vehicle registration process only at City Hall. The City
Treasurer proposes a single step process at his four (4) offices: City Hall, Haygood, Beach and
Providence. The Dtvtston of Motor Vehtcles does not rehnqutsh ltS control and reserves the right to cancel
the contract at any ttme upon gtvmg thtrty (30) day nottce Mr Atkmson recommended the Ctty Manager
be authortzed to execute an Agency contract wtth the Dtvtston of Motor Vehtcles
October 14, 2003
-3-
CONSTITUTIONAL OFFICER BRIEFING
DIVISION OF MOTOR VEHICLES (DMV) CONTRA CT LICENSE A GENT
ITEM # 51782 (Continued)
The spreadsheet &strtbuted encompasses Stage One and Two of the City Treasurer's' Office as a DMV
Contract License Agent Stage One offers a monthly net to the Ctty of $6,160, utthztng the extsttng budget
Stage Two adds three (3) temporary personnel dedtcated to the Division of Motor Vehicle transactions,
whtch adds convenience but lowers net income Mr Atktnson has projected ten (10) transacttons per day
The work month wdl be shortened to twenty (20) days toprovlde a safety;factor When the funds have been
recetved, Mr Atktnson recommends Stage Two and beheves the program should be expanded to provtde
three (3) temporary clerical employees, dedicated only to DMV transacttons tn each office The number of
transactions per day would increase, as well as the service level, however, the net to the Ctty would drop
to $4,420 DMV llmtts the Ctty to twenty (20)functtons out of the etghty-etght (88) performed by DMV DMV
would handle the adverttsmg and servtces provtded
The Treasurer's office would be utdtztng DMV's computer termtnals, cashiering system and their bank
account, depostttng tnto same so the transacttons are totally under thetr control DMV would pay the
dtscount fees
There are thirty (30) contract sites around the State The Division of Motor Vehtcles has had agencies for
twenty (20) years Fatrfax Ctty and Gloucester are examples
Mr Atktnson shall negottate the agreement wtth the Dtvtston of Motor I/ehtcles, and brtng the contract to
City Council for authortzatton The agreement shall be reviewed by the Ctty Attorney The Dtvtston of
Motor Vehtcles shall also provtde tnformatton
October 14, 2003
-4-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFOR CEMENT
3:00 P.M.
ITEM # 51783
Robert Matthats, Asststant to the City Manager, advtsed the Creation of State Insurance "Wind Pool"
(requested by Counctlman Maddox) has been ADDED to the Legtslattve Agenda The request for additional
Health Department oversight re Tanning facilities has been DELETED from the Legtslattve Agenda
Legislation re Conditional Use Permits for ABC Licenses, has been DELETED unttl the Planntng
Commtsston submits thetr recommendatton Informatton relattve TAX REFORM was dtstrtbuted
Mr Matthtas commenced the revtew of the Commumty Legtslattve Package Enforcement and advtsed Pohce
Chtef A M dacocks and Captatn Lowe are tn attendance to respond to Ctty Counctl concerns The Pubhc
Safety Addendum tncludes items requested by the Vtrgtnta Beach Pohce Department These tssues are
statewtde m thetr tmportance and are provtdedfor tnformattonal purposes only
1 3~32 1-43 Authority of Commtsstoner to requtre quarantme, etc
The Commissioner shall have authortty to require quarantine,
vacctnatton or treatment of any tndtvtdual when he determtnes any
such measure to be necessary to control the spread of any dtsease of
pubhc health tmportance or_from posstble exposure to any chemtcal,
biological, or nuclear agent The Commtsstoner, the local Dtrector of
Pubhc Health or thetr destgnee, may authortze a hm~ted quaranttne of
no longer than 4 hours wtthm_fihng an emergency order (as defined tn
3~32 1-48 02) or a petttton_for hearing (_~32 1-48 03) upon recetpt qf
medtcal evidence or upon the receipt of at least two vert_fied reports o_f
a posstble exposure to a chemical btologtcal, or nuclear agent Such
hmtted quaranttne may be tmposed, and enforced, bY law enforcement
o_fficers under the dtrectton o_f the Commtsstoner, Dtrector of Pubhc
Health or thetr destgnee
2 3q8 01-225 Persons rendertng emergency care, obstetrtcal servtces
exempt from habthty
"(vO first responders who are defined as any law enforcement
officer, firefighter, emergency medtcal personnel or other pubhc safet_y
personnel functtonmg tn a role tdent~fied bY a Federal, State, local or
Vtrgtnta Department of Health emergency response plan"
3 .~'46 2-102 Enforcement by law-enforcement officers, officers to
be untformed, officers to be pard fixed salartes-
"The driver of any motor vehtcle may be arrested wtthout a warrant
under this section {f the arresting o_fficer ts tn unt_form or displays his
badge o_f authortt¥ and ~_f he observed the offense, or has recetved a
radto message from the o_fficer who observed the offense"
~19 2-81 and 3~18 2-266 of the State Code may also need to be
changed to coincide wtth the requested change tn ~46 2-102
October 14, 2003
-5-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFOR CEMENT
ITEM t4 51783 (Continued)
4 3ql 8 2-268 5 Quahficattons and habthty of person authortzed to
take blood sample, procedure for taken samples
B Anyperson qualtfied to wtthdraw bloodfor chemtcal testtng under
this statute shall, at the direction of any law enforcement o_fficer
durtng the course of thetr tnvesttgatton, withdraw blood of any
person whether conscious or unconsctous for the use ora chemtcat
testing Procedures for the wtthdrawal wtll be adhered to as tn
paragraph A No civil habtht¥ will attach to the person, hospttal or
medtcal care _facthty _for thts procedure when actmg under the
dtrectton ora law enforcement officer, however, failure to comply
wtll constttute a Class 3 Mtsdemeanor
3~46 2-90! 1 Officer may requtre certatn motortsts to furnlsh proof
of tnsurance or payment of fee for regtstratton of an unmsured
motor vehtcle, penalty
"locahttes may prescrtbe procedures relattng to the tssuance of
summons and provtdmg proof of tnsurance "
6 3~15 2-1716 Reimbursement of expenses mcurred tn respondmg
to DUI tnctdent
A Vtrgmta Code 3~462-364
"Judgment means any judgment or btlhng_from a county or
mumctpahty for fi-200 $100 or more artstng out of (0 a Ctvll
actton filed pursuant to 3~15 2-1716 or (tO a motor vehicle
acctdent because of tnjury to or destructton of property "
B 3~15 2-1716 Retmbursement of expenses tncurred tn responchng
to a terrortsm hoax tnctdent
"Penalttes tmposed bY such btlhng shall constttute a judgment
and, tf not pard wtthtn prescrtbed ttme hmtts, executton may
issue thereon tn the same manner as upon any other moneta~
judgment"
7 State Codes 3~46 2-334 and 3~46 2-334 O1 are requested to be
amended to require that learner's permits and/or operator's
hcenses of persons under the age of etghteen be tmmedtately
suspended for one year tf they are expelled or suspended from
school for 10 or more consecuttve school days for mfracttons
tnvolvtng the possesston or sale of drugs, alcohol or any other
tllegal substance, the possesston of a firearm on school property,
or any tnfractton tnvolvtng assault or battery on any member of the
school faculty or staff Thts ts modeled after recently enacted House
Btll 1686 by the State of Louisiana
October 14, 2003
-6-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFORCEMENT
ITEM # 51783 (Continued)
8 3~18 2-270 Penalty for driving whtle mtoxlcated, subsequent
offense, prtor convtctton
"If the owner of a motor vehtcle ts convtcted of drtvmg whtle
tntoxtcated for a thtrd or subsequent qf_fense, the vehtcle shall be setzed
and dtsposed o_f tn the mannerprovtded tn ~4 1-339 through ~4 1-348
_for setzure and forfetture of conveyances of vehtcles used tn the illegal
transportatton of alcohohc beverages and shall apply mutatts
mutandts, to proceedtngs for the enforcement of suchforfetture except
that the venue for the forfetture proceedtng shall be tn the county or
ctty tn which the offense occurred"
9 Apphcantsfor law enforcementpostttons are subject to strtngent
background tnvesttgattons prtor to employment Due to the
nature of law enforcement and the responstbdtttes that are
assoctated with st, the pubhc must know that law enforcement
admtntstrators have done everythmgposstble to screen potenttal
employees
A 3~16 1-305 Confidenttahty of court records
"A copy qf the court order or chsposttton tn a dehnquency case,
as well as all other records matntatned bY the court, may be
released to a representattve ora law enforcement agency when
the tndtvtdual tn the court records has apphed for employment
wtth an); city, county, or state law enforcement agency and the
law enforcement representattve has acceptable documentatton
that an apphcatton has been made _for employment tn law
enforcement hy the tndtvtdual, and a signed, notarized release
attesting to the same ts submitted to the Court"
B ~16 1-306 Expungement of court records
E "Wtth the exceptton o_f law enforcement apphcants, upon
destructton of the records of a proceedtng as provtded tn
subsecttons A, B and C, the vtolatton of law shall be treated as tf
tt never occurred "
G "Apphcants_for anyposmon wtth a law enforcement agency shall
make known durtng the apphcatton process that a _luventle
record does extst or dtd extst at one ttme, and be truthful as to
the existence and dtsposmon o_f such juvenile record Thts
tnformatton once &sclosed, shall not be &ssemmated beyond
those maktng or asststlng tn the htrlng dectston.for the agency,
except as otherwtse provided bY law"
October 14, 2003
-7-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFORCEMENT
ITEM # 51783 (Continued)
10 The Vtrgtnta Beach Pohce Department requests the State
authortze locahttes to collect funds to estabhsh and mamtam
a "Reverse 9-1-1" emergency notification system Every
person convtcted of a traffic tnfractton, as defined under
3q46 2-113, be requtred to pay a $2 surcharge to be deposited
tnto a spectally destgnated fund whtch shall be used
exclusively for the estabhshment and mamtenance of a
"Reverse 9-1-1" emergency nottficatton system
11 8'46 2-373 Report by law-enforcement officer mvesttgatmg
acctdent
"Every law-enforcement officer, who tn the course of duty, mvesttgates
a motor vehtcle accident resulttng tn injury to or death of any person
total property damage to an apparent extent of $-l-O00 $2500 or more,
etther at the nme of and at the scene of the accident or thereafter and
elsewhere, by tntervtewtng parttctpants or wttnesses shall, wtthtn
twenty-four hours after complettng the tnvesttgatton, forward a wrttten
report of the acctdent to the Department The report shall include the
name or names of the tnsurance carrter or of the insurance agent of the
automobde habdtty pohcy on each vehtcle revolved tn the accident"
12 3~46 2-1005 Procedure for approval of equipment
"The Superintendent, Chte_f ofPohce, or Shertff of an¥ locahty havtng
a populatton of 250, 000 or more persons, may watve such approval
and the tssuance of a certtficate of approval when the devtce or
eqmpment reqmred to be approved by this title ts tdenttfied as
complying wtth the standards and spectficattons of the Soctety of
Automotive Engtneers, the Amertcan National Standards lnstttute,
Incorporated, or the regulattons of the Federal Department of
Transportation, or ts currently tn use by large metr. opohtan, state or
Federal law enforcement agenctes"
Chtef dacocks advtsed re equtpment for testtng of alcohol and drugs, thts equtpment must be approved by
the Consohdated Labs of the Commonwealth of Vtrgtnta before utthzatton This sectton only apphes to
Emergency Vehtcles (warmng hghts, strens, strobes, att horns) Currently, the State Pohce must approve
the utthzatton of thts equipment tn Virginia and the Ctty does not beheve this necessary The Ctty's Pohce
Department and automottve service staff are just as capable, as the staff oJ the State Pohce, of deternnmng
whether the equtpment ts suttable for utthzatton on the emergency vehtcles The Ctty wdl stdl be governed
by standards
October 14, 2003
-8-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFORCEMENT
ITEM # 51783 (Continued)
13 ~46 2-1000 Department to suspend regtstratton of vehtcles
lacktng certatn equtpment, officer to take possesston of
registration card, hcense plates and decals when observing
defect tn motor vehtcle, when to be returned
"The Department shall suspend the regtstratton of any motor vehtcle,
trader, or semt trader whtch the Department of the Department of
State Pohce determines ts not equipped with proper (t) brakes, (to
hghts, (tt0 horn or warntng devtce, (tv) turn stgnals, (v) safety glass
when reqmred by law, (v0 mtrror, (vtO muffler, (vttO wmdshteld wtper,
(tx) steertng gear adequate to ensure the safe movement of the vehtcle
as requtred by thts tttle, (x) or ts equtpped wtth_fuel system alterattons
or addtttons which allow introduction of outside combusttble agents,
or when such vehtcle ts equtpped wtth a smoke screen devtce or cutout
or when such motor vehicle, tratler, or semt trader ts otherwtse unsafe
to be operated"
Certatn equipment ts being added to motor vehtcles (such as mtrous oxide canisters) whose sole reason ts
to enhance the performance capabthttes of the vehtcle well beyond the manufacturers spectficattons and
safety destgn Thts would only apply to a car regtstered tn Vtrgtnta, not other states
14 3~46 2-1163 Offictal mspecaon stattons, safety tnspectton
approval sttckers, actions of Superintendent subject to the
Admtntstrattve Process .4 ct -
"However, any vehtcle found to be equtpped wtth any unapproved or
tllegal equtpment shall be relected, whether tt vtolates extsttng
inspection crtterta or not, and the vehicle owner/operator mformed qf
the reason_for, rejectton"
Mr Matthtas advtsed there are standards concerntng wtndow ttnttng However, a medtcal watver can be
secured for the degree of tmttng on automobtle wmdows
15 3~15 2-1714 Estabhshtng pohce hnes, pertmeters, or
barrtcades-
Personnel from tnformatton servtces such aspress, radto and televtson,
when gathertng news, shall be exempt from the provtstons of this
section except that tt shall be unlawful for such person to obstruct o.~.r
interfere wtth the pohce, firemen and rescue workers tn the
performance of thetr duttes at such scene Such personnel shall
proceed at thetr own risk
October 14, 2003
-9-
CITY M/tNAGER'S BRIEFING
COMMUNITY LEGISL.4 TIVE PA CKA GE ENFORCEMENT
ITEM # 51783 (Continued)
16 8'18 2-3 71 Causmg or encouragmg acts rendertng children
dehnquent, abused, etc , penalty--
"Any parent o_f a chtld or any person eighteen years of age or older,
.... t_.g .... Al__ _.t~' _L_IJ
encourages, or causes any act, omission, or con&tton whtch renders
a chtld dehnquent, m need of se~tces, tn need of supe~tston, or
abused or neglected as defined m ff16 1-288, or O0 engages m
consensual sexual intercourse with a chtld fifieen or older not his
spouse, chtl& or grandchd& shall be ~ll~ of a Class 1 Mtsdemeanor
AnF person convicted qf a second or subsequent qffense of abuse or
neglect or under sectton fit) of thts statute shall be ~tl(y qf a Class 6
Felo~F "
17 3~19 2-81 3 and 19 2-81 4 speak of the "primary aggressor"
domesttc violence cases, whtch has not been defined
A 3q19 2-81 3 Arrest wtthout a warrant authortzed tn cases of
assault and battery agamst a faintly or household member and
stalktng and for vtolattons of protecttve orders, procedure, etc
Any law-enforcement officer havmg probable cause to beheve
that a vtolatton of ~18 2-57 2 or ~16 1-253 2 has occurred shall
arrest and take into custody the person he has probable cause to
beheve, based on the totahty of the ctrcumstances, was the
primaiy p,'~ y~ical predomtnant aggressor unless there are special
ctrcumstances, whtch would dtctate a course of actton other than
an arrest
B 3~19 2-81 4 Pohctes andproceduresfor the Vtrgmta State Pohce
and local law-enforcement offictals
2 "The standards for determtmng who ts thepi-imaiypliyaica!
predomtnant aggressor tncludtng (t) the tntent of the law to
protect the health and safety of faintly and household members,
(tO prior complaints of famtly abuse by the allegedly abusing
person revolving the faintly or household members and OtO the
relative severtty of the injuries tnfltcted on persons mvolved tn
the tnctdent and whether any tnjurtes were tnfltcted tn self-
defense Predomtnant aggressor may be dqfined as the person
havtng or exerttng control, the supertor or stronger, or the one
who has gone beyond what ss neededfor self defense"
October 14, 2003
-10-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFOR CEMENT
ITEM # 51783 (Continued)
Information shall be provided relative why ts tt a felony to set a dumpster on fire, but a misdemeanor to
threaten someone's hfe
18 3~15 2-1716 2 Fees for repeated or excesslve pohce protectton
services
"A mumctpah(¥ ma¥ b_¥ or&nance impose a_fee on the owner or
lessee o_f proper(y, lncludmg multi-_family housing, t_fa member
of local law en_forcement goes to the proper(¥ an excessive
number of times durmg a calendar year tn response to a call for
assistance, complaint, emergency, or potential emergenc_¥, The
number of responses considered to be excessive and the amount
of the fee shall be set out tn the ordinance that estabhshes the
.fee The fee ma¥ not exceed the actual cost to the muntctpaht_¥_for
the excessive responses ,4 fee may not be imposed under this
statute_for responses to calls that mvolve potenttal chdd neglect,
potential domestic violence, or potentlal stalking"
19
3q29 1-521 Unlawful to hunt, trap, possess, sell or transport
wild birds and wild ammals except as permitted, exception,
penalty -
A The following shall be unlawful
8 "To .vet a trap where tt would be hkely to mjure persons,
companion animals, stock or fowl"
20
State Code 3~46 2-1309 dictates how traffic is to be chrected
and by whom 3~46 2-1310 authorizes the Chlef or Pohce or the
Shertff of any county, whtch does not have a chtef of pohce, to
deputize persons for the purpose of directing traffic
A ~46 2-1309 Officers and certain persons may direct traffic,
signals
"Law-enforcement officers, and uniform school crossing guards
andpersonnel as described in ~46 2-1310 1 may direct traffic by
signals Such signals other than by votce shall be as follows
Emergency stop of traffic by whistle - Three or more short
blasts, all traffic shall immediately clear the mtersectton and
stop
Persons directing tra__ C ou~.t~ tuw ~t~jurt~tr~¢rt~ qjjtt.~ta c~ttu
.,,q~,,,,~. ~,,~, c~-osa~g ~.., may also use supplemental
traffic dtrectton devices, tncludtng but not hmtted to hand-held
stop or go signs tn dtrectmg traffic as provided tn this section"
October 14, 2003
-11 -
CITY MANAGER'S BRIEFING
COMMUNITY LE GISL~4 TIVE P/I CKA GE ENFORCEMENT
ITEM # 51783 (Continued)
B ~'46 2-1310 Authortty to deputtze persons to dtrect traffic tn
certam circumstances
The chtef of pohce of any county, city, or town, or the sheriff of
any county whtch does not have a chtef of pohce, may deputtze
persons over the age of etghteen years for the hmtted purpose of
dtrecttng traffic tn accordance wtth 3~46 2-1309 durtng pertods
of heavy traffic or congestton Such persons shall first recetve
requtred bY the Department ~f Cr~m~nal dust~ce Se~tce (DCJS)
to fully acquamt such persons with the techmques of traffic
control They shall not have arrest powers
C ~46 2-1310 1 authority to persons to dtrect tra_ffic tn certatn
ctrcumstances
Any pubhc or prtvate school or church mqy employ, or allow
persons to volunteer, any person over the,age of etghteen years
to dtrect traffic tn accordance with _~46 2-1309 on thetrproperty
or pubhc tntersecttons or roadways adlotntng thetr property,
durtng hmtted periods of heavy traffic or congestion Such
persons shall_first recetve tratntng as requtred by the Department
of Crtmmal dusttce Servtces (DCdS) to fully acquaint such
persons with the techmques of traffic control Such persons shall
at all ttmes whtle engaged tn traffic control wear a safety vest or
a whtte reflector belt which crosses both the chest and back
above the watst
21 3~29 1-733 2
A The governtng body Of any county, city or town may by
ordinance provtde_for the removal for safekeeptng qf vessels
and vessel tratlers to a storage area tf
1 It ts le_ft unattended on apubhc htghwa¥, street or otherpubhc
property and constitutes a traffic hazard
2 It ts le_fi unattended for more than ten days either on a pubhc
htghway or street or other pubhc property
3 It ts left unattended on a waterway wtthtn the lurtsdtctton o_fthe
governtng body
4. It ts tmmobthzed on a pubhc htghway or street or other pubhc
property bY weather conditions or emergency situations
October 14, 2003
- 12-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFOR CEMENT
ITEM # 51783 (Continued)
B Removal shall be carried out by or under the direction o_fa law-
enforcement o_f_ricer The ordmance, however, shall not authortze
removal qf vessels and parts thereof_from prtvate properO,
wtthout written request o_f the owner, lessee, or occupant of the
premtses The ordtnance may also provtde that the person at
whose request the vessel or part o_f the vessel ts removed from
pmvate propert_¥ shall mdemntf¥_ the count_y, ctt¥, or t, own agamst
any loss or expense recurred by reason of removal, storage, or
sale thereof Any such ordmance may alsoprovtde that tt shall be
presumed that such vessel or part thereof ts abandoned {f tt has
been tn a spec{ftc locatton for ten days without being moved As
prompt as posstble, each removal shall be reported to a local
governmental Office to be designated tn the ordinance and to the
owner of the vessel Before obtamtngpossesston of the vessel or
parts thereof, the owner shall pay to the parttes entttled thereto
all costs incidental to its removal, storage and locating the
owner If the owner fads or re_fuses to pay the cost or {f hts
tdenttt_¥ or whereabouts ts unknown and unascertamable afier a
dthgent search has been made, and after nottce to btm at hts last
known address and to the holder of any hen of record with the
pr_rice of the department agamst the vessel under the provtston of
thts State Code, wtll be dtsposed of m a manner conststent wtth
the provtstons estabhshed under 3q46 2-1213 for &sposal of
abandoned vehtcles
22 Motorists jotmng, passing through, or tnterfertng with the
movement of over dtmenstonal loads creates an extreme traffic
hazard The Pohce Department requests State Codes ~46 2-
828 and~46 2-828 1 be amended to include over-dtmenstonal
loads
23
Over-dtmenstonal and permttted vehtcles and/or loads are
being driven on the roadways wtthout escort and without
warmng hghts as reqmred The State Code ts requested to be
amended so all over-dtmenstonal and permttted vehtcles
and/or loads be required to have an amber warning hght
3q46 2-1026 Flashing htgh-mtenstty amber warmng hghts
24
No exact definttton extsts for a Sport Utthty Vehtcle (SUV), t e
Blazer, Bronco, Trooper, etc tn the State Code Most SUVS
do not fit mto the "truck" category, as most do not wetgh at
least 7,500 pounds Conversely, many have had thetr
suspenstons altered and would hke to be considered "trucks"
even though they may &splay onlypassenger vehtcle tags The
definition of the Sport Utthty Vehicles ts requested to be added
to the State Code
October 14, 2003
- 13-
CITY MANAGER'S BRIEFING
COMMUNITY LEGISLATIVE PA CKA GE ENFOR CEMENT
ITEM # 51783 (Continued)
25
Ptckup trucks are manufactured wtth a Manufacturers Gross
Vehtcle Wetght Rattng (MGVWR), whtch exceed 15,000
pounds This wetght ts also the maximum wetght covered
under the Commonwealth's altered suspenston laws Under
Tttle 49, Code of Federal Regulations #393 86, the front
bumper hetght for any Commercial Motor Vehicle shall not
exceed 30 mches tn hetght The requested State Code change
would prevent persons from c~rcumventtng the current state
and Federal law by obtatnmg the newer, htgher MGVWR
vehtcles for the purpose of ratsmg the bumper hetght of the
vehtcle to an unsafe level and allowtng them to be operated on
the htghways of the Commonwealth of Vtrgtnta
§46.2-1063. Alternation of suspension system; bumper height limits;
raising body above frame rail.
26 Large equtpment ts being operated on the htghways at all
hours Much of thts equtpment ts not covered under Arttcle 10
of the State Motor Vehicle Code The State Code ts requested
to be amended to tnclude large equtpment
§46.2-1081. Slow-moving vehicle emblems
27 The Pohce Department requests the defimttons used tn the
Vtrgtnta Admtntstrattve Code (VAC) be updated as well as the
specified codes, whtch deal wtth escorts, escort vehtcles and
escort drtvers
A. 24 VA C30-111.10. Definitions
B. 24VAC30-111-150. Escort certification
C. 24VAC30-111-160. Escort vehicle requirements
28 Numerous commercial vehicles are ctrcumventtng the
overwetght permtt process by etther fathng to secure the
proper permits or securing a permtt for a weight well under
what they are carrying Gross wetght violations are all treated
equally ($0 20~pound) no matter the amount of the overwetght
vtolatton A graduated scale ts requested to be added to the
State Code to address the htgher overwetght vtolattons
§46.2-1135 Liquidated damages for violation of weight limits;
powers of enforcement officers; forfeiture of vehicle and cargo.
The FUNDING FOR POLICE FIREARMS TRAINING CENTER shall be ADDED as a fundmg request
to the Community Legtslattve Agenda
October 14, 2003
- 14-
CITY MANAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
4:00 P.M.
ITEM # 51784
The Ctty Manager advtsed the Emergency Response System (ERS) ts a coordtnated response to mechcal
emergencies usmg all approprtate personnel and resources tn a ttmely manner The product ts quahty
pattent care servtces resulting tn a healthier, safer community The Emergency Response System was
concetved tn the Fall of 2000 The Emergency Response System includes Commumcattons Officers,
Defibrtllator Teams (businesses and Ctty facthttes), Pohce Officers, Ftrefighters, Rescue Squads and
Hospitals Chtef Bruce PV Edwards, Dtrector of Emergency Medtcal Servtces and Chtef Gregory B Cade,
Ftre Department, were tn attendance to respond to tnqutrtes
The ERS Response Phases enco~npass
Preventton
Incident Occurs
911/EMD
Response
On Scene Care
Transport
Hospttal
Recovery
ERS Benchmarks of Success
Response Ttme goals
Is' Help on scene ~ 6 minutes
ALS on scene ~ 9 mtnutes
Transport untt on scene ~ 12 mtnutes
Postttve pattent outcomes
Pattent sattsfactton
Community confidence tn services
Appropriate treatment provtded
Communtty support (donattons, volunteers)
Appropriate use of 911 servtces
ERS Quality Results
Maxtmum use of all resources
Resource capactty to respond to pattent needs (eqmpment, staffing)
Simple, effictent servtce dehvery process - seamless
Clear orgamzatton wtth defined roles and responstbthttes
Cost effective servtce dehvery
Dehvery of a "Cartng Response "from call to hospttal
Strong relattons wtth healthcare system/ERS
Common vtston understood by communtty and provtders - all levels
across Ctty organtzatton
October 14, 2003
- 15-
CITY MANAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
ITEM # 51784 (Continued)
Patient and Community Satisfaction/Confidence
99% of all pattents are satisfied with the servtce provtded by the ERS
97% of pattents sattsfied wtth response ttme
Ftre recetved a 99% approval on the 2003 Ctttzen's Survey
EMS received a score of 98%
Response Times
(Priority 1 Calls)
Goal Actual Results
First Help ~ 6 mtnutes
ALS ~ 9 mtnutes
Transport ~ 12 mtnutes
First Help
average = 5 9 mtnutes
% ~ 6 mtnutes= 60%
ALS
average = 7 8 minutes
% ~ 9 mtnutes= 72%
Transport
average = 8 7 mtnutes
% ( 12 minutes = 80%
Priority 1 Calls
(potentially life-threatening)
64% of all calls are mtttally dtspatched as Prtortty 1
Many are reclasstfied after the pattent ts assessed
Examples of Prtortty 1 cases Chest patn, Breathing difficulty, vehtcle
crashes, stroke
Priority 2 Calls
Not life-threatening
Ftrst responders often sent due to locatton of respondtng ambulance
Examples ground level falls, tllnesses, ammal bttes, back tnjurtes
Ambulance response time = 75% ~ 12 minutes
95°/3 ( 20 mtnutes
October 14, 2003
-16-
CITY MANAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
ITEM # 51784 (Continued)
Relattve EMS calls by dispatch priority (January - June 2003)
Priority I 10,671
Priority 2 5, 515
Priority 3 402
TOTAL 16,588
TOP 15 EMS TYPES OF CALL
Type of Call Prtortty Volume
Breathing Difficulty 1 2,167
Cardtac I 1,672
Mmor Illness 2 1,621
Unconscious 1 1,202
Accident with injuries 1 945
Falls (~ 6feet) 2 941
Mmor InJury 2 635
Seizures 1 565
Abdomtnal Patns 2 458
Dtabettc 1 428
Stroke 1
419
355
Sertous Injury 1
Mtnor Acctdent 2 328
Minor Bleedtng 2 256
Pubhc Asstst 3 250
TOTAL 12,242
October 14, 2003
-17-
CITY MANAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
ITEM # 51784 (Continued)
The total calls for Fire and EMS tn 2002 was 41,186:
Medical 32,237
Non-medical 8,949
Levels of Certification
Basic Life Support/BLS
AED Responder (raptd defibrtllatton, CPR)
Ftrst Responder Ontertm trammg level for rescue squad members)
EMT-B (basehne certtficatton of all firefighters and rescue squad
members)
Advanced Life Support/ALS
Shock Trauma Techmctan (ST) 1 semester specialty tratntng
Advanced atrway, IVs, some medtcattons
EMT-Intermedtate (EMT-O 2 semesters of training Car&ac
medtcattons, or advanced atrway opttons
EMT-Paramechc (EMT-P) 4 semesters Greater independence, even
more advanced atrway techntques
There are ntnety-five (95) personnel tn Emergency Medical Services tratned at the level of EMT-
Intermedtate and EMT-Paramedtc There are fifiy-etght (58) tratned at thts level tn Ftre, wtth thtrty-stx
being tn the Volunteerprogram Out of thts thtrty-stx (36), currently twenty-seven (27) are on leave from the
program Ftfty-four (54) shock trauma technicians serve Emergency Medical Servtces
Issues/Trends
Growth in Number of Calls
911 Misuses
Broad base of services offered
Free service
Aging population
Population growth
Increasing traffic congestion
Increasing medical training requirements
October 14, 2003
- 18-
CITY MANAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
ITEM # 51784 (Continued)
Actions Taken to Date
Advanced Ltfe Support (ALS) equtpmentplaced on all Ftre engmes and
ladders
Created process for ALS firefighters to participate wtthoutjotmng a
volunteer rescue squad
ALS engtne ptlot program
Automattc External Defibrdlator (AED) program for Ctty butldtngs
New postttons at EMS (analyst, recrmter, enforcement coorchnator)
Communtcattons networks estabhshed to strengthen cross-department
coordmatton
Numerous day-to-day tssues/concerns resolved at lower levels
Opened General Booth Ftre- EMS statton
Issues tmpactmg response ttmes tdenttfied
Actions Underway
Automattc External Defibrtllators (AEDs) betng deployed on Pohce
patrol vehicles
Evaluattng automatic vehicle location (AVL) technology
Planmng for addtttonal/relocated Ftre- EMS Stattons
Me&cal facthty demand for ambulance servtces under revtew
Focus on volunteer recrutttng and retentton (last year EMS volunteer
apphcattons increased 40%, the turnover has been reduced by 30%)
Management study of orgamzatton
Opttons betng constdered to tmprove ALS response ttme (evaluatton of each complete within 30 days)
Bastcally, the volunteer only recetves the pard City vehtcle regtstratton Council Members suggested the
volunteers recetve free membershtp to Parks and Recreatton facdtttes The Emergency Response System ts
a cooperative effort between Emergency Pubhc Servtces, Pohce, Ftre and Pubhc Health
October 14, 2003
- 19-
CITY M/tNAGER'S BRIEFING
EMERGENCY RESPONSE SYSTEM
ITEM # 51784 (Continued)
The Ctty Manager advised the Department of Management Servtces, tn conjunctton wtth Emergency
Medical Services, Fire and the City Manager's office, ts worktng to formulate the Management Study
Conclustons should be provtded to Ctty Counctl wtthtn thtrty (30) days
Chtef Edwards advtsed the Commonwealth of l/trgtnta provtdes grants for the recruttment brochures and
adverttsements The balance of the necessary fundtng ts provtded by the EMS Operating Budget Chtef
Edwards advtsed the Colleges have been contacted for recruttment purposes t e Eastern l"trgtnta Mechcal
School, Old Domtnton Unlverstty, Ttdewater Communtty and Vlrgtnta tVesleyan College
Chief Edwards advtsed the two tier response system maximizes the resources Only about 30% of the Prtortty
1 calls requtre Advanced Ltfe Support (ALS) Relattve response ttmes, the national standard for a most
crtttcal call (t e car&ac arrest or car&ac evenO was reviewed The recommendation from the American
Heart Assoctatton was stx (6) mtnutes ALS was recommended to be on the scene tn less than rune (9)
minutes The ambulance response ttme was dtaled tn as an extra three (3) mtnutes above the ntne (9)
mlnutes
Councilman Dtezel advised his last research on the American Heart Standard was 4 mtnutes for Basic Life
Support (BLS) and etght mmutes for Advanced Life Support (ALS) wtth two members Whether dehvermg
the servtce from afire truck or ambulance, response ttme should be four (4) mtnutes 71 seconds ts the
response for a dispatch of a Code 1 crtttcal call Councilman Dtezel was concerned relative the CAD system
and the vahdtty of stattstlcs
The Ctty Manager advtsed an update of the CAD system ts betng revtewed
Mayor Oberndorf advtsed Knotts Island no longer has the Vtrgtnta Beach Rescue Squad respond Mayor
Oberndorf requested mformatton relattve thetr rescue squad system concermng costs and payments be
provtded
October 14, 2003
- 20 -
AGENDA RE VIE W SESSION
5:10 P.M.
ITEM # 51785
I1
Resolutton re the Ctty 's 2004 COMMUNITY
LEGISLATIVE AGENDA to REQUEST members of the
Ctty's local General Assembly Delegatton sponsor and/or
support legtslatton that would carry out the goals and
objecttves set forth theretn
The FUNDING FOR POLICE FIREARMS TRAINING CENTER shall be ADDED to the Communtty
Legtslattve Agenda
Robert Matthats, Asststant to the Ctty Manager, advtsed the Creatton of State Insurance "Wtnd Pool"
(requested by Councdman Maddox) has been added to the Legtslatzve Agenda The Request for addtttonal
Health Department overstght re Tanntngfacthttes has been deleted from the Legtslattve Agenda Legtslatton
re Condtttonal Use Permtts for ABC Ltcenses, has been deleted untd the Planmng Commtsston has submttted
thetr recommendation
Council Lady McClanan will vote NAY on the entire 2004 Public Safety Addendum Council Lady
McClanan has a number of concerns relattve many of the ttems tn thts Addendum
Councthnan Reeve will vote NAY on Items 5 (Officer may require certain motorists to furnish proof of
insurance or payment o f fee for registration of an uninsured motor vehicle; penalty -) and 14 (Official
Inspection stations; safety inspection approval stickers; actions of Superintendent subject to the
Administrative Process Act -) of the 2004 Public Safety Addendum
Counctl Lady Eure will vote NAY on Item 4 .( Qualifications and liability of person authorized to take
blood sample; procedure for taking samples) of the 2004 Public Safety Addendum
ITEM # 51786
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
RES OL UTION/ORDINANCE
I1
Resolutton re the Ctty's 2004 COMMUNITY
LEGISLA TIVE,4 GENDA to REQUEST members of the
Ctty's local General Assembly Delegation sponsor and/or
support legtslatzon that would carry out the goals and
objecttves set forth therem
12
Ordinance to AUTHORIZE and DIRECT the City
Manager execute a Police Mutual Aid Agreement wtth
the Cities of Chesapeake, Hampton, Newport News,
Norfolk, Wdhamsburg, Portsmouth, Suffolk, Vtrgtma
Beach, the Counties of, lames City and York, and the Town
of Smtthfield
October 14, 2003
- 21 -
AGENDA RE VIEWSESSION
ITEM it 5178 7
K1
Apphcatton of RAYMOND, SR. AND MARILYNL
CAFFEE for a Change of Zomng Dtstrtct Classtficatton
from A-12 Apartment Dtstrtct to R-5D Residential Duplex
Dtstrtct at 5019 Bonney Road
(DISTRICT 2 - KEMPSVILLE)
NO ACTION ts necessary as this item was inadvertently adverttsed for the October 14, 2003, City Council
Meeting The Ctty Counctl APPROVED the apphcatton of RAYMOND, SR. AND MARIL YN L CAFFEE
for a Change o_f Zomng Dtstrtct Class~_ficatton on September 23, 2003
ITEM # 51788
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
K1
Apphcatton of CRAB CREEK HOMEOWNERS
ASSOCIATION, INC for a Modification o_f Condtttons
on a Condtttonal Use Permtt for a community boat dock
(approved by City Counctl on October 24, 2000) at 2096,
2098, 2092, 2094 Tazewell Road and 3557, 3559, 3561,
3563 Piedmont Ctrcle
(DISTRICT 4 - BA YSIDE)
K2
App It ca t t o n of PO TOMA C CONFERENCE
CORPORA TION OF SEVENTH-DA YAD VENTIST for
the Modification ora Condtttonal Use Permttjror a church
(approved by Ctty Council on October 29, 2002) at
Holland Road, south of Shtpps Corner Road
(DISTRICT 6- BEA CH)
K3
Apphcatton of LESLIE LEEDY for a Conchttonal Use
Permtt_for a museum and art gallery at 2025 Indtan Rtver
Road
(DISTRICT 7- PRINCESS ANNE)
K4
Apphcatton of VIRGINIA BEACH CHRISTIAN LIFE
CENTER for a Conditional Use Permtt for a church at
the northeast tntersectton of North Great Neck Road and
Old Donatton Parkway (DISTRICT 5 - L YNNHA VEN)
K5
Apphcatton of JOSEPH G. PIPER for a Change of
Zontng Dtstr~ct Classt_ficatton from AG-2 Agrtcultural
Dtstrtct to Condtttonal R-10 Residential Dtstrtct at 2332
Seaboard Road
(DISTRICT 7- PRINCESS ANNE)
Item K 1 shall be DEFERRED unttl the Ctty Counctl Sesston of October 28, 2003
October 14, 2003
- 22 -
CITY COUNCIL COMMENTS
5:15 P.M.
ITEM # 51789
Mayor Oberndorf advtsed that after Hurrtcane Isabel, she spoke to representattves of Domtmon Vtrgmta
Power relative upgra&ng the City's infrastructure and the estimated cost concermng utthttes being moved
to underground Dominion Virginia Power has proposed a $442-MILLlON fuel rate increase.
Mayor Oberndorf wtll DRAFT a letter from the City Council concermng this proposed rate increase The
Ctty Attorney and Ctty Manager shall asstst
Council Lady McClanan advised the Pubhc Hearmg of the State Corporation Commission tn Richmond on
Domtnton Vtrgtnta Power's fuel rate request, occurred Tuesday, October 7, 2003 The amount was
decreased as a result of Fatrfax and Alexandrta speaktng tn opposttton The Richmond Times Dispatch
news arttcle was &strtbuted and ts hereby made apart of the record "Although every locahty tn the utility's
servtce area was sent a nottce of the proposed rate tncrease this year; the two Northern Vtrgtnta locahttes
were the only local governments to send representattves to the heartng Three other governments - Prince
Wtlltam County, the Town of Dtllwyn, and the Ctty of Hopewell, have filed written objections wtth the ACC
Fatrfax County ts holdtng a Summit re Hurrtcane Isabel Council Lady McClanan requested tnformatton
relattve the Ctty's pohcy and procedure
The Ctty Manager advtsed tf a rate mcrease nottce ts recetved, thts tnformatton ts forwarded to the City
Attorney's office
Counctlman Wood advtsed the North Carohna Assembly passed a law allowtng tndtvtdual netghborhoods
to tax themselves and pay for underground uttlmes (addtttonal charge on phone hne) The Ctty Attorney
advised, as the City has the abthty to create spectal tax dtstrtcts, this could occur without approval of the
General Assembly
Counctlman Maddox referenced conversattons wtth telephone hnemen from Florida These tndtvtduals stated
the infrastructure tn Vtrgmta Beach does not measure up to the Hurrtcane Standards tn Flortda
Counctl Lady Eure tnqutred whether anyone on stafffollows the State Corporatton Commtsston fees te Cox
Cable, Domtnton Power, tn order for the Ctty Counctl to be properly advtsed The Vtrgtnta Muntctpal
League only meets twtce a year
ITEM # 51790
Counctlman Schmtdt requested notifications to citizens when trees at risk of falhng on telephone hnes are
betngfelled on ctttzens'property The affected ctttzens wtll be nottfied
Mayor Oberndorf mqutred relattve the removal of debrts tn Kempsvtlle E Dean Block, Dtrector of Pubhc
Works, advtsed 298 netghborhoods were tdenttfied, re collectton of debrts The first pass has almost been
completed Upon completton, the second pass shall ensue 650,000 cubic yards of debrts have been
collected
Councilman Vtllanueva tnqmred re the capactty of the City's landfill Mr Block advised the debris ts
carrted to four (4) dtfferent locattons throughout the Ctty The large capactty shredders mulch the debrts
and then this ts depostted tn the landfill
October 14, 2003
- 23 -
CITY COUNCIL COMMENTS
ITEM # 51791
Councd Lady Eure advtsed on October 7, 2003, a Resolutton tn Recogmtton was PRESENTED to
Charleston, South Carolina, for their assistance with Hurricane Isabel.
Mr Block advised the otherjurts&cttons parttctpattng were prtvate contractors pard by FEMA However,
Mr Block will check and advtse tf there were other volunteers who asststed the Ctty
ITEM # 51792
Robert Matthtas, Asststant to the Ctty Manager, advtsed the deadline for prefihng an ttem to the General
Assembly is December Tenth Then, those bills have to be drafted and filed on January Fourteenth
However, as the Sesston ensues, legtslators can mtroduce a btll by "unanimous consent': Techntcally, the
deadhne ts December Tenth
October 14, 2003
- 24 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 14, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, October 14, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louis R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Absent
Rosemary Wtlson
[A 7~ENDING CO USIN'S FUNERAL]
tn Raletgh, North Carohna]
INVOCATION Vtce Mayor Louts R Jones
(Father Ken Wood, had a death among his parishioners and had to be wtth the family)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 14, 2003
- 25 -
Item V-F. 1.
MINUTES
ITEM # 51793
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, City Councd APPROVED the
Mtnutes of the INFORMAL and FORMAL SESSIONS of October 7, 2003.
Vottng 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
- 26-
Item
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51794
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 14, 2003
Item V-I.
-27-
RES OL UTION/ORDINANCE
ITEM # 51795
Upon motion by Vice Mayor Jones, seconded by Councilman Schmtdt, City Counctl APPROVED IN ONE
MOTION Resolutton 1 (AS REVISED) and Ordtnance 2 the CONSENT AGENDA.
Voting 10-0 (By ConsenO
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
Rosemary Wtlson
The FUNDING FOR POLICE FIREARMS TRAINING CENTER shah be ADDED to the Commumty
Legtslattve Agenda
Counctl Lady McClanan voted NA Yon the entire 2004 Public Safety Addendum Council Lady McClanan
has a number of concerns relattve many of the ttems tn thts Addendum
Counctlman Reeve voted NAY on Items 5 (Officer may require certain motorists to furnish proof of
insurance or payment of fee for registration of an uninsured motor vehicle;penalty-) and 14 (Official
Inspection stations; safety inspection approval stickers; actions of Superintendent subject to the
Administrative Process Act -) of the 2004 Public Safety Addendum
Counctl Lady Eure voted NA Yon Item 4 (Qualifications and liability of person authorized to take blood
sample; procedure for taking samples) of the 2004 Public Safety Addendum
October 14, 2003
A RESOLUTION ADOPTING THE CITY'S 2004
COMMUNITY LEGISLATIVE AGENDA AND
REQUESTING THAT MEMBERS OF THE CITY'S
LOCAL DELEGATION TO THE GENERAL
ASSEMBLY SPONSOR AND/OR SUPPORT
LEGISLATION THAT WOULD CARRY OUT THE
GOALS AND OBJECTIVES SET FORTH THEREIN
WHEREAS, the City Council traditionally adopts a Community
Legislative Agenda and requests members of the City's local
Delegation to the General Assembly sponsor and/or support
legislation therein; and
WHEREAS, the City Council has considered a number of goals
and objectives for inclusion in the City's 2004 Community
Legislative Agenda; and
WHEREAS, as in past years, a Safety Addendum Package, not
part of the formal Agenda, is included for consideration by the
General Assembly;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby adopts the City's 2004
Community Legislative Agenda, which is attached hereto as
Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City's Delegation to the General Assembly ~s
hereby requested to sponsor and/or support legislation in the
2004 Session of the General Assembly that would carry out the
goals and objectives of the City as set forth in its Community
Legislative Agenda.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmmt a copy
of this resolution to each member of the City's local Delegation
to the General Assembly.
Adopted by the City Council of the City of Virginza Beach,
Virginia, this 14thday of October
, 2003.
CA9020
Ordin/Noncode/2004 Leg Package. Res
lO/i/03
R-1
APPROVED AS TO CONTENT:
c[~-~'an&~%f' s Office
APPROVED AS TO LEGAL
S UFFICIENCY'~~ /' ~~//
City Attorney's Office
- 28-
Item V-I. 1.
RESOLUTION
ITEM ii 51796
Upon motton by Vice Mayor Jones, seconded by Councilman Schmtdt, City Council ADOPTED, AS
RE VISED:
Resolutton re the City's 2004 COMMUNITY LEGISLA TIVE AGENDA
to REQUEST members of the Ctty's local General Assembly Delegation
sponsor and/or support legtslatton that would carry out the goals and
objectives set forth therezn
Funding for Police Firearms Training Center has been added to the Legislative Agenda
Creation of State Insurance "Wind Pool" (requested by Councilman Maddox) has been added to the
Legislative Agenda. The Request for additional Health Department oversight re Tanning facilities has
been deleted from the Legislative Agenda. Legislation re Conditional Use Permits for ABC Licenses, has
been deleted until the Planning Commission has submitted their recommendation
Voting 10-0 (By ConsenO
Councd Members Voting Aye
Harry E Dzezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Rosemary Wdson
Councd Lady McClanan voted NA Yon the entire 2004 Public Safety Addendum Councd Lady McClanan
has a number of concerns relatzve many of the ttems tn thts Addendum
Councdman Reeve wall voted NAY on Items 5 (Officer may require certain motorists to furnish proof of
insurance or payment of fee for registration of an uninsured motor vehicle; penalty -) and 14 (Official
Inspection stations; safety inspection approval stickers; actions of Superintendent subject to the
Administrative Process Act -) of the 2004 Public Safety Addendum
Councd Lady Eure wall voted NAY on Item 4 ( Qualifications and Hability of person authorized to take
blood sample; procedure for taking samples) of the 2004 Public Safety Addendum
October 14, 2003
- 29-
Item V-I.2.
ORDINANCE
ITEM # 51796
Upon motton by Vice M~vor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED:
Or&nance to AUTHORIZE and DIRECT the Ctty Manager execute a
Police Mutual Aid Agreement with the Cities of Chesapeake, Hampton,
Newport News, Norfolk, Wtlhamsburg, Portsmouth, St(folk, Vtrgtnta
Beach, the Counnes of James Ctty and York, and the Town of Smithfield
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dzezel, Margaret L Eure, Vtce Mayor Lores R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W SchmMt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A POLICE MUTUAL AID
AGREEMENT WITH THE CITIES OF CHESAPEAKE,
HAMPTON, NEWPORT NEWS, NORFOLK, WILLIAMSBURG,
PORTSMOUTH, SUFFOLK AND VIRGINIA BEACH AND THE
COUNTIES OF JAMES CITY AND YORK, AND THE TOWN
OF SMITHFIELD
WHEREAS, Virginia law authorizes local governments to
enter into reciprocal agreements for mutual aid and for cooperation
in the furnishing of police services; and
WHEREAS, it is deemed mutually beneficial to the Cities
of Chesapeake, Hampton, Newport News, Norfolk, Williamsburg,
Portsmouth, Suffolk and Virginia Beach and the Counties of James
City and York, and the Town of Smithfield to enter into an
agreement concerning mutual aid and cooperation with regard to law
enforcement, increasing the ability of the local governments to
promote the safety and welfare of the entire area;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the accompanying Police Mutual Aid Agreement is
approved and that the City Manager be directed to execute said
Agreement on behalf of the City of Virginia Beach.
23
24
Adopted by the Council of the City of Virginia Beach,
Virginia, on the _14th day of October , 2003.
CA-8970
ORDIN\NONCODE\MutualAidAgmtord.wpd
R-1 - September 23, 2003
Pol~ uepar~mey
APPROVED AS TO LEGAL SUFFICIENCY
Law Enforcement Mutual Aid Agreement
THIS AGREEMENT, made this 1't day of July, 2003, by and among the
Cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK,
WILLIAMSBURG, PORTSMOUTH, SUFFOLK and VIRGINIA BEACH, each a
municipal corporation of the Commonwealth of Virginia; the County of JAMES
CITY; the Sheriff of the County of YORK; and the Town of SMITHFIELD.
WHEREAS, Virginia law authorizes local governments and Sheriffs in
counties where no police department has been established, to enter into reciprocal
agreements for mutual aid and for cooperation in the furnishing of law enforcement
services; and
WHEREAS, the ten local governments and the Sheriff of York County have
determined that the provision of law enforcement aid across jurisdictional lines will
increase their ability to preserve the safety and welfare of the entire area; and
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to
enter into an agreement concerning mutual aid and cooperation with regard to law
enforcement; and
WHEREAS, the parties desire that the terms and conditions of this Law
Enforcement Mutual Aid Agreement be established;
NOW, THEREFORE, in consideration of the mutual benefits to be derived
from a Law Enforcement Mutual Aid Agreement, the parties hereto covenant and
agree as follows:
1. Each party will endeavor to provide law enforcement support to the
other parties to this Agreement within the capabilities available at the
time the request for such support is made and within the terms of this
Agreement.
2. Requests for assistance pursuant to the terms and conditions of this
Agreement shall be made by the requesting jurisdiction's Chief of
Police or Sheriff, whichever is applicable, or their respective designee.
3. The requesting party shall be responsible for designating a radio
communications system for use by the requested party.
4. The personnel of the requested party shall render such assistance
under the direction of the Chief of Police, Sheriff, or their respective
designee of the requesting party.
5. Law enforcement support provided pursuant to this Agreement shall
include, but not be limited to, the following resources: uniformed
officers, canine officers, aerial support when maintained, forensic
support, plainclothes officers, special operations personnel and related
equipment. All law enforcement officers and personnel shall be duly
trained and currently certified for the position provided.
6. Subject to the terms of this Agreement, and without limiting in any
way the other circumstances or conditions in which mutual aid may be
requested and provided under this Agreement, the parties hereto agree
to provide assistance to the requesting party in situations requiring the
mass processing of arrestees and transportation of arrestees. The
parties to the Agreement further agree to assist the requesting party
with security and operation of temporary detention facilities.
7. Nothing contained in this Agreement should in any manner be
construed to compel any of the parties hereto to respond to a request
for law enforcement support when the personnel of the party to whom
the request is made are, in the opinion of the requested party, needed
or are being used within the boundaries of that party, nor shall any
request compel the requested party to continue to provide law
enforcement support to another party when its personnel or equipment,
in the opinion of the requested party, are needed for other duties
within the boundaries of its own jurisdiction.
8. In those situations not involving the provision of mutual aid upon
request, law enforcement officers and personnel, and other employees
of any city, county, or Sheriff hereunder, may also enter any other
jurisdiction in furtherance of law enforcement purposes, concerning
any offense in which the entering law enforcement agency may have a
valid interest; provided, that the entering personnel shall, as soon as
practical, make such presence known to the Chief of Police or Sheriff
of the entered jurisdiction, or his designated representative.
9. The responsibility for investigation and subsequent actions concerning
any criminal offense shall remain with the law enforcement agency of
the locality whose court has original jurisdiction over the offense.
Entering law enforcement personnel shall promptly notify the law
enforcement agency of the entered locality upon discovery of a crime
over which the court of the entered locality has original jurisdiction.
10. Officers acting pursuant to this Agreement shall be granted authority to
enforce the laws of the Commonwealth of Virginia and to perform the
other duties of a law enforcement officer; such authority shall be in
conformance with Virginia Code Sections 15.2-1724; 15.2-1726; 15.2-
1730; 15.2-1730.1; and 15.2-1736, as may be applicable; however, law
enforcement officers of any party who might be casually present in any
other jurisdiction shall have power to apprehend and make arrests only in
such instances wherein an apparent, immediate threat to public safety
precludes the option of deferring action to the local law enforcement
agency.
11. All law enforcement officers, agents, and other employees of the parties
to this Agreement who are acting pursuant to this Agreement shall have
the same powers, rights, benefits, privileges, and immunities in each
other's jurisdiction, including the authority to make arrests in each
other's jurisdiction.
12. The services performed and expenditures made under this Agreement
shall be deemed to be for public and governmental purposes and all
immunities from liability enjoyed by the parties within their boundaries
shall extend to their participation in rendering assistance outside their
boundaries. It is understood that for the purposes of this Agreement, the
responding party is rendering aid once it has entered the jurisdictional
boundaries of the party receiving assistance.
13. All pension, relief, disability, worker's compensation, life and health
insurance, and other benefits enjoyed by said law enforcement officers or
personnel as employees of their respective jurisdiction shall extend to the
services they perform under this Agreement outside their respective
jurisdictions. Each party agrees that provisions of these benefits shall
remain the responsibility of the employing party.
14. Each party agrees that, in activities involving the rendering of assistance
to another party pursuant to this Agreement, each party shall waive any
and all claims against all other parties thereto which may arise out of
their activities outside their respective jurisdictions. It is expressly
understood that the provisions of this paragraph shall not apply to entry
of law enforcement officers or other personnel into another jurisdiction
pursuant to Paragraph 8 of this Agreement.
15. The parties shall not be liable to each other for reimbursement for
injuries to law enforcement officers or personnel, or damage to
equipment incurred when going to or returning from another jurisdiction,
except to the extent that reimbursement for such expenses may be or is
received from the Federal Emergency Management Agency (FEMA) or
other governmental agency. Neither shall the parties be liable to each
other for any other costs associated with, or arising out of, the rendering
of assistance pursuant to this Agreement, except to the extent that
reimbursement for such expenses may be or is received from FEMA or
other governmental agency.
16. This Agreement rescinds and supersedes all previous written agreements
and oral understandings relating to the provision of mutual law
enforcement services between the parties.
17. Any of the parties hereto may withdraw from this Agreement by giving
thirty (30) days written notice to that effect to the other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be
executed by their respective city manager(s) and county administrator(s), or
Sheriff(s), the official seal of each city and county affixed hereto and attested by their
respective city and county clerks, and indicating thereafter the ordinance or resolution
authorizing the execution. Sheriffs may attest by Notary Public.
CITY OF VIRGINIA BEACH
ATTEST: BY:
City Manager
City Clerk
Resolution/Ordinance #:
Adopted On:
SUMMARY OF TERMS
Event - An ~ncident requinng a law enforcement response that exceeds the equipment and/or
personal resources of the C~ty's Pohce Department.
e
Mutual Aid Agreement - An agreement between eleven localities to provide emergency
services in the event an incident occurs that requires resources beyond those of the requesting
locality's law enforcement. The Agreement also provides arrest authority to officers
responding to the requesting jurisdictions locality, and allows arrest authority for officers
present in another's jurisdiction in the event of an immediate threat to public safety.
.
Nature - Outhnes the procedures for the C~ty of Virg~ma Beach to provide and receive law
enforcement manpower and eqmpment, if available, in an effort to effectively respond to
emergency incidents.
,
Term - This Agreement is effective July 1,2003, and may be terminated without cause upon
thirty (30) days written notme by e~ther party. Th~s Agreement mirrors and resmnds the 1990
Mutual A~d Agreement.
5.
Insurance - Insurance requirements are met through the C~ty of Virginia Beach's self
~nsurance program administered by Risk Management.
F XData~TYXOrd~n\NONCODE\MutualA~dAgmtSumTerm wpd
i I
- 30-
Item V-J. 1.
PL~4NNING - NO ~4 CTION
ITEM # 5179 7
dpphcatton of RAYMOND, SR. AND M~tRILYN L C~4FFEE for a
Change of Zomng Dtstrtct Classt_ficatton from A-12 Apartment District to
R-SD Restdenttal Duplex Dtstrtct at 5019 Bonney Road
(DISTRICT 2 - KEMPSVILLE)
NO ACTION necessary as thts ttem was tnadvertently adverttsed for the October 14, 2003, Ctty Councl
Meettng The Ctty Counctl APPROVED the apphcatton of RAYMOND, SR. AND M,4RIL YN L C.4FFEE
for a Change o£Zomng Dtstrtct Classoqcatton on September 23, 2003
October 14, 2003
- 31 -
Item V-K.
PLANNING
ITEM # 51798
1. CRAB CREEK HOMEO WNERS ASSOCIATION, INC.
MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
(APPROVED: 10/24/2000)
2. POTOMAC CONFERENCE CORPORA TION
MODIFICATION
CONDITIONAL USE PERMIT
(APPROVED: 10/29/2002)
$. LESLIE LEED Y
CONDITIONAL USE PERMIT
4. VIRGINIA BEACH CHRISTIAN LIFE CENTER
CONDITIONAL USE PERMIT
5. JOSEPH G. PIPER
CONDITIONAL CHANGE OF
ZONING
October 14, 2003
- 32 -
Item V-K.
PLANNING
ITEM # 51799
Upon motton by Vtce MayorJones, seconded by Councilman Schmtdt, Ctty CounctlAPPROVED IN ONE
MOTION Items 1 (DEFERRED), 2, 3, 4 and 5 of the PLANNING BY CONSENTAGENDA
Item I was DEFERRED, BY CONSENT, unttI the Ctty Counctl Sesston of October 28, 2003
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, &m Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
Item V-K. 1.
- 33 -
PLANNING
ITEM # 51798
Upon motton by lZtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl DEFERRED until
the City Council Session of October 28, 2003, Ordtnance upon apphcatton of CRAB CREEK
HOMEOWNERS ASSOCIATION, INC for a Modification of Conditions on a Condtttonal Use Permtt for
a community boat dock (approved by Ctty Counctl on October 24, 2000
ORDINANCE UPON APPLICA TION OF CRAB C~EK HOMEOWNERS
ASSOCIATION, INC FOR A MODIFICATION OF CONDITIONS ON A
CONDITIONAL USE PERMIT FOR A COMMUNITY BOAT DOCK
APPROIZED BY CITY COUNCIL ON OCTOBER 24, 2000
Ordinance upon Apphcatton of Crab Creek Homeowners Association, Inc
for a Modtficatton o_f Condtttons on a Condtttonal Use Permtt for a
communtty boat dock approved by City Counctl on October 24, 2000
Property ts located at 2096, 2098, 2092, 2094 Tazewell Road and 355 7,
3559, 3561, 3563 Ptedmont Ctrcle (GPINS 14895855172096, -2098,
14895855412092,-2094, 14895865033557,-3559, 14895864593561,-
3563) DISTRICT 4 - BAYSIDE
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
Item V-K.2.
- 34-
PLANNING
ITEM # 51799
Upon morton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl MODIFIED an
Ordmance upon apphcatton of POTOMAC CONFERENCE CORPORATION OF SEVENTH-DAY
AD VENTIST for a Condtttonal Use Permtt for a church (approved by Ctty Counctl on October 29, 2002)
ORDINANCE UPON APPLICATION OF POTOMAC CONFERENCE
CORPORATION OF SEVENTH-DAY ADVENTIST FOR THE
MODIFICATION OF A CONDITIONAL USE PERMIT FOR A CHUR CH
Ordmance upon Apphcatton of Potomac Conference Corporatton of
Seventh-Day Adventtst for the Modt_ficatton ora Condtttonal Use Permtt for
a church approved by City Council on October 29, 2002 on property
located on the east stde of Holland Road, approxtmately 540feet south of
Shtpps Corner Road (GPIN 1495166099) DISTRICT 6 - BEACH
The following condtttons shall be requtred
The stte shall be developed as deptcted on the stte plan entttled,
"Conceptual Stte Plan on Property Owned by Potomac
ConJerence Corporation Seventh-Day Adventtst Church, "dated
June 23, 2003 by Courtney &Assoctates, P C Theplan may be
revtsed to meet requirements determtned durtng the detatledplan
revtew process
The butldtng shall be constructed as depicted on the elevattons
entttled, "Seventh Day Adventtst, Holland Road, Vtrgtnta Beach"
dated 6/30/03 by Montmola
Street frontage and tntertor parktng lot [andscaptng shall be
installed and matntatned as deptcted on the landscape plan by
Gatl Dtcktnson submttted wtth the ortgtna12002 Condtttonal Use
Permtt apphcatton and on file wtth the Planmng Department
However, the landscape plan shall be mo&fled to match the site
plan referenced tn Condttton 1 above Further; addtttonal
foundatton landscaping shall beprovtded along the full length of
the northern and southern ends of the butldtng wtth the exceptton
of entrance areas The landscape plan may be revtsed to meet
requtrements determtned durtng the detatled plan revtew process
The freestanding stgn shall be monument style no more than
eight feet tn height with a brick base matchtng the brick on the
bmldmg
October 14, 2003
- 35 -
Item V-K. 2.
PLANNING
ITEM # 51799 (Continued)
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
Item V-K. 3.
- 36-
PLANNING
ITEM # 51800
Upon motion by Vice Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED an
Or&nance upon apphcatton of LESLIE LEEDY for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF LESLIE LEEDY FOR A
CONDITIONAL USE PERMIT FOR A MUSEUM AND ART GALLERY
R0100331134
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Leshe Leedyfor a Condtttonal Use Permit
for a museum and art gallery on property located at 2025 In&an Rtver
Road (GPIN 2403928325) DISTRICT 7- PRINCESS ANNE
The followtng condtttons shall be reqmred
Modtficattons to the stte forparktng and addtttons to the bmldtng
shall substanttally conform to the submttted "SITE PLAN FOR
USE PERMIT, Lot 1 Corrected Subd Of Part of Property of
Joseph Burroughs ", prepared by Bontfant Land Surveys, dated
28 February 2003 Satd plan has been exhtbtted to the Vtrgtnta
Beach City Counctl and ts on file with the Vtrgtnta Beach
Department of Planmng
The apphcant shall matntatn the "Bungalow style" architecture
of the structure, tncludtng the use of double-hung, two-sash
windows Any addtttons to the structure shall also be of the
"Bungalow style" architecture
The structure shall be patnted white wtth plum color trtm around
the wtndows and doors When the roofing ts replaced on the
structure, tt shall be replaced wtth a standtng seam metal roof,
blue tn color
4 Thefloor area for the sale of handmade gifts and cards ts hmtted
to 20 percent of the floor area of the structure
The apphcant shall obtain all necessary permtts and tnspecttons
from the Department of Planntng, Permtts and Inspections
dtvlston A Certificate of Occupancy shall be obtamed before a
business hcense ts tssued
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordinance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of October, Two Thousand
Three
October 14, 2003
-37-
Item V-K. 3.
PLANNING
ITEM # 51800 (Continued)
Vottng I 0-0 (By ConsenO
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
Rosemary Wtlson
October 14, 2003
I I
Item V-K. 4.
PLANNING
- 38-
ITEM # 51801
Upon motton by Vtce Mayor Jones, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED Ordtnance
upon apphcatton of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF VIRGINIA BEA CH CHRISTIAN
LIFE CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCtt
R0100331135
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Vtrgtnta Beach Chrtsttan Ltfe Center for
a Condmonal Use Permttfor a church onproperty located at the northeast
tntersectton of North Great Neck Road and Old Donatton Parkway (GPINS
2408135699, 2408243047, 2408232865) DISTRICT 5 - L YNNHA VEN
The followtng conchttons shall be reqmred
The stte shall be developed tn accordance wtth the submttted
plans tttled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,
Vtrgtnta Beach, Vtrgtnta, Condtttonal Use Permit Exhtbtt",
prepared by Tymoff & Moss Archttects and NDI, LLC Basgter
and Assoctates Dtvtston, dated May 6, 2003, and revtsed August
22, 2003 Satd plans have been exhtbtted to the Vtrgtnta Beach
Ctty Counctl and are on file wtth the Vtrgtnta Beach Department
of Planmng The apphcant shall install a right-turn lane from
Great Neck Road as part of the Phase 2 tmprovements
The proposed butldtng addtttons and renovatton of the extsttng
sanctuary shall be constructed tn accordance wtth the submttted
plans tttled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,
Vtrgtnta Beach, Vtrgtnta, Extertor Elevattons ", prepared by
Tymoff & Moss Archttects, dated July 8, 2003 Satd plan has
been exhtbtted to the Vtrgtma Beach Ctty Counctl and ts on file
with the Vtrgtnta Beach Department of Planmng
The apphcant shall tnstall connecttng stdewalks from Old
Donatton Parkway and Great Neck Road to the matn entrance of
the bmldtng and to the recreattonal fields The locatton of the
stdewalks shall be determtned durtng detatled stte plan revtew of
each phase of the project
The apphcant shall submit a tree preservatton /restoratton plan
wtth the development of Phase H Recreattonal Ftelds and tnstall
Category IV landscaping, where needed, wtthtn the proposed
twenty-foot buffer along the southern boundary of the stte
adjacent to the Mtchael's Glenn and Great Neck Ptnes
restdenttal netghborhoods and the eastern boundary of the site
adjacent to the Forest Park restdenttal netghborhood and the
City of Vtrgmta Beach property
October I4, 2003
- 39-
Item V-K. 4.
PLANNING
ITEM # 51801 (Continued)
The apphcant shall submtt a photometrtc hghttngplan tndtcattng
the number and types of hghttng as part of the formal stte plan
submtsston for revtew by the Pohce Department to determtne
conststency wtth Crtme Prevention through Envtronmental
Destgn (CPTED) prmctples and practtces All fixtures shall be
of an approprtate hetght and destgn so as to prevent any direct
reflectton or glare towards adjacent uses and ctty streets
Ltghttng should be dtrected down at the ground and not
horizontally or up tn the att
The recreattonal fields shall be gated from sundown to sunrtse
There shall be no hghttng of the recreattonal fields There shall
be no roadway installed along the edge of the recreattonal fields
The recreattonal fields shall not be used for overflowparktngfor
any events assoctated with the church
The extsttng stormwater management facthty shall be cleared of
trash and debrts durtng the Phase I construction, and Category
I screemng shall be tnstalled on the top of bank, on the western
stde of the facthty before a Certtficate of Occupancy ts approved
for the addttton
The church shall tnstall trash receptacles throughout the parktng
lots There shall be one trash receptacle for every 3, 500 square
feet of parking area
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Fourteenth of October, Two Thousand
Three
Voting I 0-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
- 40-
Item V-K. 5.
PLANNING
ITEM # 51802
Upon motton by Vice Mayor Jones, seconded by Counctlman Schmtdt, Ctty Council ADOPTED an
Ordtnance upon apphcatton of JOSEPH G. PIPER for a Condmonal Change of Zomng
ORDINANCE UPON APPLICATION OF JOSEPH G PIPER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
AGRICULTURAL DISTRICT TO CONDITIONAL R-10 RESIDENTIAL
DISTRICT ZO! 0031162
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Joseph G Ptper for a Change o_f Zonmg
Dtstrtct Classtficatton from A G-2 Agricultural Dtstrtct to Condtttonal R- 10
Restdenttal Dtstrtct at 2332 Seaboard Road (GPIN 2404547746) The
Comprehenstve Plan recommends use of thts stte for restdenttal uses at or
below 3 5 dwelhng untts per acre DISTRICT 7 - PRINCESS ANNE
The followtng condttton shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Virginia Beach, Vtrgmta, on the Fourteenth of October, Two Thousand
Three
Voting I O-O (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
OUR
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No DF-5765
DATE: October 1, 2003
TO: Leslie L. Lilley DEPT. City Attorney
FROM: B. Kay Wilson'~k~ DEPT: City Attorney
Conditional Zoning Application
Joseph G. Piper and Jina M. Piper
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 14, 2003. I have reviewed the subject proffer agreement, dated
June 30, 2003, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
PREPARED BY
~:Y~E~, t~OURDON
E~N & L1;VY. P L~
JOSEPH G. PIPER and JINA M. PIPER formerly known as JINA M. WARN1Z, husband
and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth oJ
Virginia
THIS AGREEMENT, made this 30m day of June, 2003, by and between
JOSEPH G. PIPER and JINA M. PIPER, husband and wife, Grantor, party of the f~rst
part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, the party of the first part is the owner of a certain parcel otl
property located in the Centerville District of the City of Virginia Beach, containing
approximately 1.584 acres which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference. Said parcel is herei~
referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the Property from AG-1 to R-10; and
WHEREAS, the Grantee's policy is to provide only for the orderly developmenl
of land for various purposes through zoning and other land development legislation,
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit diffenng uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the:
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantor's rezoning
application gives rise; and
GPIN: 2404-54-7746
PREPARED BY
~vEtrS. I]OURDON
IEI~N & lEVY. P.£
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-10
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily
and without any requirement by or exaction from the Grantee or its governing body
and without any element of compulsion or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby make the following declaration
of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that
this declaration shall constitute covenants running vath the Property, which shall be
binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its successors, personal representatives, assigns, grantee, and
other successors in interest or title:
1. When the Property is developed ~t shall be subdivided into two (2) lots
substantially as depicted on the "PRELIMINARY SUBDIVISION OF LOT 5
SOUTHGATE, PHASE 2-C', dated June 27, 2003 and prepared by Joseph G. Piper,
P.E. ("Subdivision Plan"), which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. The minimum front yard setback for any dwelling on the lots depicted
on the Subdivision Plat shall be one hundred forty feet (1407. Any single family
residential dwelling constructed on either lot subsequent to the recordation of the
subdivimon shall have a minimum of 2500 square feet of enclosed living area and
shall have brick as the principal exterior front surface of the home.
3. The existing detached garage on proposed Lot 5B as depicted on the
Subdivision Plan shall not be converted to or used as a remdence. In addition, this
detached garage must be removed or relocated so as to meet all setback
PREPARED BY
requirements prior to issuance of a Building Permit for a residential dwelling on Lot
5B.
4. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City Codes by all cognizant City
agenmes and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even ff the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of VirgSnia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
{1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City ot
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and {b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
PREPARED BY
~'q~ES. ]~OURDON
IrI~N & [kw pc
(2) The failure to meet all conditions and restrictions shall constitute cause.
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provimons, the Grantor shall petition the governing body for the.
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public.
inspection in the office of the Zoning Administrator and in the Planning Department.
and they shall be recorded in the Clerk's Office of the Circuit Court of the City o!
Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee.
4
PREPARED BY
WITNESS the following signatures and seals:
GRANTOR:
/// /rdoseph G. ~er
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 30th day of June,
2003, by Joseph G. Piper and Jina M. Piper, husband and wife, Grantor.
Notfiry Public
My Commission Expires: August 31, 2006
PREPARED BY
CVl~[$. [tOUt~DON.
EXHIBIT ~A**
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known,
numbered and designated as Lot 5, as shown on that certain plat entitled,
"SUBDIVISION OF SOUTHGATE, PHASE 2-C', dated March 23, 1990, which said
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 207, at Page 41.
GPIN: 2404-54-7746
CONDREZXDNE/PIPER/PROFFER
- 41 -
ITEM # 51804
Mayor Meyera E Oberndorf entertatned a motton to permtt City Counctl to conduct tts CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of kttrgtnta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve
candtdates for employment, asstgnment, appointment, promotion, performance, demotton,
salartes, dtsctplmmg, or restgnatton of spectfic pubhc officers, appomtees, or employees
pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt Appotntments
Boards and Commissions
Mmortty Busmess Council
Old Beach Dtstrlct Master Plan Advisory Commtttee
Parks and Recreation Commtsston
Performing Arts Theatre Advtsory Commtttee
Ttdewater Regtonal Group Home Commtsston
Towing Advtsory Board
Performance of Counctl Appointee
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real
property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where
dtscusston tn an open meettng would adversely affect the bargatntngposltlon or negottattng
strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property - Beach Dtstrtct
L ynnhaven Dtstrtct
Prtncess Anne Dtstrtct
PUBLIC SAFETY Dtscusston of plans to protect pubhc safety as tt relates to terrortst
acttvtty and briefings by staff members, legal counsel, or law-enforcement or emergency
servtce offictals concerntng acttons taken to respond to such acttvlty or a related threat to
pubhc safety pursuant to Sectton 2 2-3711 (A)(20)
Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Council voted to proceed tnto
CLOSED SESSION (6:06 P.M.).
l/otmg 10-0
Counctl Members l/otmg Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt,,
Ron A Vtllanueva and James L Wood
Counctl Members k'ottng Nay
None
Counctl Members Absent
Rosemary Wtlson
(6:06 P.M. - 8:42 P.M. )
October 14, 2003
i
- 42 -
ITEM # 51805
Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 14, 2003, at 8 43 P M
Counctl Members Present
Harry E D~ezel, Margaret L Eure, I"tce Mayor Lou~s R clones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dcm
Reeve, Peter gg Schmtdt, Ron A lZtllanueva and dames L Wood
Counctl Members Absent
Rosema~. l, Vtlson
October 14, 2003
CER TIFICA TION OF
CLOSED SESSION
- 43 -
ITEM # 51806
Upon motion by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requirements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
this certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were identified tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng l O-O
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
OUR NK~
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS. The V~rg~ma Beach C~ty Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM it 51804, page 41, and in accordance with the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711(A) of the Code ofV~rg~ma reqmres a certification by the governing
body that such Closed Session was conducted in conformity with Vlrglma law
NOW, TItEREFORE, BE IT RESOLVED That the Vlrg~ma Beach City Council hereby certffies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Vlrglma law were d~scussed in Closed Session to which this certification resolution
applies, and, (b) only such pubhc bus~ness matters as were identified ~n the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach C~ty Council
City Clerk
October 14, 2003
- 44-
Item V-L. 1.
APPOINTMENTS
ITEM # 51807
B Y CONSENSUS, City Counctl RESCHEDULED the following APPOINTMENTS:
MINORITY BUSINESS COUNCIL
TIDE V~A TER REGIONAL GROUP HOME COMMISSION
October 14, 2003
- 45 -
Item V-L. 2.
APPOINTMENTS
ITEM ii 51808
Upon NOMINATION by Vtce Mayor Jones, Ctty Counctl APPOINTED
J. Michael Fentress
unexpired term thru 8/31/2005
plus 3 years ending 8/31/2008
PARKS AND RECREATION COMMISSION
Vottng 10-0
Counctl Members Votmg Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
October 14, 2003
- 46-
item V-O.
ADJOURNMENT
ITEM # 517809
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8 45 P M
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
October 14, 2003
- 46-
item V-O.
ADJOURNMENT ITEM#517809
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:45 P.M.
(2. TYo.A✓
Beverl . Hooks, CMC
Chief Deputy City Clerk
de
Ruth Hodges Smith, MMCA Meyera . Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
October 14, 2003