DECEMBER 12, 2006 MINUTES
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MHYERA E. OBHRNDORI'~ At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. "Bill" DESTEPH, At-Large
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. "Bob" DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall- District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-I,arge
JAMES L WOOD, I,ynnhaven -District 5
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K SPORE
CITY A 77'ORNEY - LESLIE L LILLEY
CITY CUiRK - RUTH HODGES SMITH, MMC
12 DECEMBER 2006
I.
CITY COUNCIL BRIEFING
- Conference Room -
1:00 P
A. MINORITY BUSINESS COUNCIL
Prescott Sherrod, Chairman
II. CITY MANAGER'S BRIEFING
A. NEWSRACK ORDINANCE
Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau
III. CITY COUNCIL DISCUSSION
A. CITY'S FUND BALANCE
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Dr. J. Scottie Griffin
Lynnhaven Presbyterian 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
December 5,2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. PRINCESS ANNE ROAD PHASE VII AT ELSON GREEN AVENUE INTERSECTION
Proposed Condemnation
1. CONSENT AGENDA
J. RESOLUTIONSIORDINANCES
1. Resolution re issuance by the Virginia Beach Development Authority (VBDA) of
Industrial Revenue Bonds in the amount of $3,000,000 for Acoustical Sheetmetal, Inc.
for a manufacturing plant at the intersection of Production Road and Central Drive.
(DISTRICT 6 - BEACH)
2. Resolution to SUPPLEMENT the 2007 Community Legislative Package re adding
proposed ABC establishments that pose a threat to public safety.
3. Resolution to AUTHORIZE the City's application for allocation of $ I-Million through
the Virginia Department of Transportation (VDOT) 2006-07 Revenue Sharing Program;
and, AUTHORIZE the City Manager to execute all necessary agreements for the
Lynnhaven Parkway Phase IX project's development and construction.
4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Agreement
(MOA) with Hampton Roads Planning District Commission (HRPDC) re the Hampton
Roads Regional Water Supply Planning Process.
5. Resolution to AUTHORIZE the Department of Emergency Medical Services (EMS) to
apply for an upgrade to its agency license from an Emergency Ground Transport Agency to
an Emergency Ground Transport and Air Ambulance Agency.
6. Commonwealth of Virginia Vegetation Control Permit Program:
a. Resolution to AUTHORIZE an Agreement for the delegation of administration
to the City of Virginia Beach.
b. Ordinance re the application of ADAMS OUTDOOR ADVERTISING to allow
the removal and replacement, with conditions, of certain vegetation on Virginia
Beach Boulevard
7. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and
Exchange re an Agricultural Lands Preservation Easement (ARP) re a land exchange of
equal area on property owned by Edward L Vaughan and previously approved by City
Council.
8. Ordinance to AUTHORIZE the acquisition of property in fee simple, including temporary
and permanent easements, at General Booth Boulevard, Elson Green Avenue and Upton
Drive/Sandbridge Road for the right-of-way for Princess Anne Road, Phase VII, either by
agreement or condemnation.
9. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old
Virginia Carriage Co., LLC, from November 15,2006 to April15, 2007, re:
a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides on the Boardwalk
10. Ordinances to TRANSFER:
a. $421,810 from the Lynnhaven XI project to the Buckner Boulevard Extended
project and AUTHORIZE the City Manager to execute a Cost Participation
Agreement with Baymark Construction Corporation, Colonial Self
Storage and Public Storage re the extension of Buckner Boulevard.
b. $350,000 from Reserve for Contingencies to the Department of Economic
Development's FY 2006-07 operating budget re continued operating costs for the
Tournament Players Club (TPC) golf course through March 31, 2007.
K. PLANNING
1. Application of EDWARD A., JR. and KATHLEEN T. KURPIEL for a Variance to ~
4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re subdividing an
existing lot into two lots.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
DENIAL
2. Application of CINGULAR WIRELESS for a Conditional Use Permit re a
communications tower at 5638 Baccalaureate Drive.
(DISTRICT 2 - KEMPSVILLE) (Applicant requests Deferral to January 9, 2007)
RECOMMENDATION
DEFER TO JANUARY 9, 2007
3. Application of DISCIPLESHIP TABERNACLE for a Conditional Use Permit re a
church at 3540 Holland Road.
(DISTRICT 3 - ROSE HALL)
RECOMMENDA TION
APPRO V AL
4. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Providence Road:
(DISTRICT 1 - CENTERVILLE)
a Chanf!e of Zoninf! District Classification from B-2 Community Business District
to Conditional A-36 Apartment District
b. Conditional Use Permit re a senior housing project
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
DEFERRAL
APPROVAL
5. Application of OCEAN PROPERTIES, L.L.C. for a Chanf!e of Zoning District
Classification from B-2 Community Business District to Conditional B-4 Mixed Use
District at Centerville Turnpike and Lynnhaven Parkway to develop the site with retail,
restaurants, offices and multi-family condos.
(DISTRICT 1 - CENTERVILLE)
RECOMMENDA TION
APPROVAL
6. Application of DEEP BLUE MARINE, L.L.c. for a Modification of Conditions at 3716
Shore Drive (approved by City Council on October 25, 2005) re landscape plantings and
site improvements.
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION
APPROV AL
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
HUMAN RIGHTS COMMISSION
INVESTMENT PAR TNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SP ACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY COUNCIL SESSIONS SCHEDULE
JANUARY 2007
COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007
REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007
THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007
**************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
* * * * * * * * * * *
Agenda 12/12/2006 gw
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 December 2006
Mayor Meyera E Oberndorf called to order the City Council Briefing re MINORITY BUSINESS
COUNCIL in the City Council Conference Room, City Hall, on Tuesday, December 12, 2006, at 1 :00
P.M
Council Members Present:
Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McC/anan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
December 12, 2006
- 2 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
1 :00 P.M.
ITEM # 55889
Prescott Sherrod, Chair - Minority Business Council (MBC), advised the Minority Business Council
Annual Report, will be presented in three (3) parts. Mr. Sherrod will cite the major accomplishments,
with Michael Chinn denoting the demographics and contract/procurement data. Wanda J Cooper, will
outline the Next Steps. Mr. Sherrod referenced the Liaisons and Members of the Minority Business
Council.
Liaisons and Members
Minority Business Council
~ Councilman Bob Dyer, City Council Liaison
~ Ms. Louisa Strayhorn, Governor's Liaison
~ Councilman Ron Villanueva, City Council Liaison
~ Mr. Michael Stewart, School Board Liaison
~ Mr. Prescott Sherrod, Chairperson
~ Mr. Dan Pearsall, Vice-Chair
~ Mr. William R. Brown, Financial Counselor
~ Ms. Wanda J. Cooper, Secretarial Officer
~ Ms. Linda Bright
~ Ms. Angelica Ceron
~ Mr. Michael Chinn
~ Mr. James K. Hill
~ Mr. Luis Rivera
~ Mr. Edwin Tirona
~ Mr. John M. Williams
Minority Business Council Vision:
To be the leading influence in contractor resources with city
opportunities.
Mission Statement
Advance and facilitate an environment of business opportunities,
focusing on increasing expenditures to minority and women-owned
businesses by the City of Virginia Beach as a means to further the City's
economic development and vitality.
Goals
IdentifY and encourage city agencies and firms projecting the city's
image to fairly reflect Virginia Beach as a City of ethnic and racial
diversity when carryingforward the city's business.
Help achieve and maintain the opportunity for improved minority
business participation levels in the procurement process for goods and
services and construction and housing.
December 12, 2006
- 3 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 55889 (Continued)
The Minority Business Council was organized into four (4) subcommittees: Minority Awareness,
Outreach Programs, Policy Development and Data Collection & Analysis
On April 4, 2006, City Council ADOPTED, an Ordinance to AMEND Section 2-224.1 through 2-224.8 of
the City Code re Minority participation in City contracting. This amendment strengthened contracting
with minority subcontractors, by requiring a Woman and Minority Participation Plan on construction
contracts and Request for Proposals (RFPs). In addition, the Woman and Minority Participation Plan
form has recently undergone its second revision, reducing the number of pages from nine (9) to three (3)
and simplifying the form.
Major Accomplishments
~ Ordinance Change
Strengthened requirements for construction
Bids and RFP's
Women and Minority Participation Plans
~ Networking events
With Governor Kaine's staff-April 7, 2006
Virginia Department of Transportation and Small Business Administration -
August 4, 2006
~ Liaisons
VBDA
School Board
Governor's Office
Additional City Council Liaison
~ Increased number of on-going Contractor Counselings
~ Improved MBC Website -
www.vbf!ov.com/finance/mbc
~ Most successful Minority Business Council EXPO
~ By Laws and Vision
~ Newly created Relationships
US Internal Revenue Service
Empowerment 2010
US Small Business Administration
Virginia Department of Minority Business Enterprise
Virginia Department of Business Assistance
Hampton Roads Hispanic Chamber of Commerce
~ Partnered with:
Economic Development Business Appreciation Golf and Networking Event;
Various City departments to participate in the USA Black Pages Directory
~ Database:
Obtained approval from DMBE to access their SWAM database (realtime
model)
The Minority Business Council held the Eighth Annual Minority Business Expo with a record number of
attendees of three hundred sixty-two (362) participants and sixty-eight (68) booths.
December 12, 2006
- 4 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 55889 (Continued)
~ Participated in:
Matchmaking Session for the National Association of Women Business
Owners
VMSDC Business Opportunity Fair
Empowerment 2010 Small BusinessIVeterans Owned Businesses Conference
Black EXPO Steering Committee
~ Benchmarked with:
City of Jacksonville
City of Charlotte
~ Increased Minority Expenditures and Awards
The Commonwealth of Virginia Department of Minority Business Enterprise has agreed to allow access
to their Small, Women and Minority-Owned (SWAM) business database. Communications and
Information Technology is currently developing a "front end" to this database which will ease use for not
only delegated procurement users, but also for prime contractors. This will improve the probability of
contract awards to SWAM businesses. Mr. Sherrod is now a member of the Virginia Beach Development
Authority.
Michael Chin referenced the Population Diversity chart and the percentage of Minority, since 1980, has
more than doubled.
POPULATION DIVERSITY
December 12, 2006
- 5 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 55889 (Continued)
Mr. Chinn referenced charts entitled: Award Data: Goods and Services Contracts over $50,000 - 8.58%
to Minorities - 2006 =$6.1-MILLION and Construction Contracts Awarded - Contracts over $50,000
Total for 2006: $814,700
$10
$9
$8
$7
g $6
~ $5
$4
$3
$2.26
$2
$1
$0
FY99
$8.12
$ 9
$5.27
$ 9 $4.49
$4.31
$2.96
$8
$7 $6.62 $6.14
$6 $4.67
'" $5 . Expendillxes
c $4
.2
$3 III # of Firms
~ $2
$1
$0
FY99 FYOO FYO I FY02 FY03 FY04 FY05 FY06
December 12, 2006
- 6 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 55889 (Continued)
Mr. Chinn advised the chart, entitled Percent of Total Payments Minorities and Women-Owned
combines data from the aforementioned two (2) charts. In 2006 the percentage of Minority Vendors
(3.4%) and Women-Owned Vendors (2.6%) was above average.
Wanda J. Cooper, outlined the Next Steps:
~ Improve access to and disseminate annual forecasts of contract opportunities
~ Continue to form new partnerships
~ Continue to monitor progress
~ Active participation in establishment of local Chapter of the National Association of Minority
Contractors
~ Build stronger relationships with City departments
~ Administrative Directive
~ Recognition and A wards
~ Continue to build database and website
~ Evaluate contractor performance
~ Contractor assistance program
Access to Capital! Scholarships
Private Sector Support and Mentoring
MOU with the Department of Business Assistance
~ Hire Minority Business Specialist Representative (Vice Chair Dan Pearsall appointed
re assisting with this process of determining representative
~ Strengthen partnership with Small Business Administration
~ Continue to look for opportunities to debundle requirements (where feasible)
December 12, 2006
- 7 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 55889 (Continued)
Mr. Sherrod acknowledged with appreciation the support throughout the process" including the City
Council, Patricia Phillips, Director - Finance, William R. Brown - Financial Counselor, Barbara
Booker-Williams, Minority Business Coordinator and the Management Leadership Team (MLT). The
MLT presented briefings which provided an increased understanding of the organization and operation of
the City of Virginia Beach.
Councilman Wood referenced the requirement of General Contractors to have a Minority Participation in
place. William Brown advised the Plan was just implemented in June. As of this date, a project has not
closed out for a final reporting. However, the Minority Participation Plans are being completed and the
Minority Business Council has worked with a number of the general contractors in the community to
refine this document, making it more user friendly.
Councilman Villanueva advised the Ambassador of the Philippines and representatives will be here in
January to review the partnership.
The Minority Business Council is a diverse organization and will take a proactive approach to be
included in the Filipino Pages.
Mayor Oberndorf referenced a meeting; she and Councilman Villanueva attended re increasing
availability of funds for Minorities to establish their businesses. Both Governor Warner and Governor
Kaine have been very proactive and assured their Liaisons of these areas were accomplished Minority
Business representatives (Louisa Strayhorn and Ed Hale).
December 12, 2006
- 8 -
C IT Y MANA G E R 'S B R IE FIN G
NEWSRACK ORDINANCE
1:30 P.M.
ITEM # 55890
Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, expressed appreciation
to Associate City Attorney Rod Ingram and Assistant City Attorney Amy Sullivan who have been
instrumental in the composition of this proposed Newsrack ordinance. Mr. Eason displayed photographs
of the free and paid publication newsracks on Atlantic Avenue. A photograph of a module in Tampa,
Florida, depicting free and paid publications was also displayed. This module type which would
consolidate publications was encompassed within the draft ordinance. The Resort area is a highly
desirable area to distribute literature. Mr. Eason referenced background material re the Newsrack
Ordinance:
Initial efforts to control publication boxes began in the mid 1990 's
Increased visitation to the Resort Area has made it a highly desirable area to distribute literature
The number of publications targeting tourist has grown tremendously
Proliferation of boxes have raised public safety and aesthetic concerns
Resort Survev * 2002 2005 2006
No. Publications 32 30 34
Boxes:
Newspapers 115 95 81
Free Publications 308 501 595
Total Boxes 423 596 676
(*The area surveyed encompassed Atlantic Avenue, Pacific Avenue (from Rudee Inlet to 40'h Street and to
the western edge of Pacific Avenue)
June 2004- members of the RAC, Virginian Pilot, owners of Sunny Day and Visitor Guide and
City staff began discussing options to consolidate distribution boxes
February 2005- Voluntary program implemented to place all publications into modules
Virginian Pilot would install and maintain the modules
- City would collect funds to facilitate the program
- Essential all publications would need to participate
- May 2005- fees collected from all publications except one major newspaper
Virginian Pilot withdraws support due to lack of 100% participation
September 2005- Staff began drafting ordinance and implementation plan to consolidate
publication into modules
- Draft ordinance was reviewed and endorsed by the Resort Advisory Commission (RAC).
March 2006- City staff scheduled meeting with all publication representatives to review draft
ordinance
- Publications raised objections to draft ordinance
- Requested until July 15th to develop a voluntary program as an alternative to staff
prepared ordinance
- Publications unable to develop program
August 2006- City Staff began refining draft ordinance
Councilman DeSteph requested statistics relative revenue generated by the advertising of these
publications.
December 12, 2006
- 9 -
CITY MANA GER 'S BRIEFING
NEWSRACK ORDINANCE
ITEM # 55890 {Continued}
Mr. Eason summarized the proposed Newsrack Ordinance.
Applicability
- Public rights-ol-way in
Resort Area
areas of concentration (eight (8) or more in ten-foot (10') radius)
Permit Process
- Permit required to use City-owned boxes
- Publishers apply for permit with Resort Management Office ("RMO '')
- Annual permit fee required (composed of City's cost for maintenance, installation,
administrative costs)
- Permit valid for 1 year, up to 4 renewals
- No permit issued in violation of City's obscenity laws
Location of Racks
- Resort Management Office (RMO) has surveyed and determined locations
- Resort Management Office (RMO) usedfourteen (14) criteria to determine locations
- Twenty-seven (27) locations identified in Resort Area and three (3) locations identified in
areas of concentration for Phases I and II
Allocation
- Boxes installed in two (2) phases and thereafter as needed
- Lottery at commencement of each phase
- Equal opportunity given to each applicant to receive desired location
- After lotteries for Phase I and IL spaces allocated on first come, first served basis, within
ten (10) days of receipt of application, if space available
Installation
- City installs boxes
- Proprietary newsracks removed after City installs boxes
- Owners of proprietary racks given 14 calendar days to remove
Standards
- No more than two (2) boxes with eight (8) compartments at anyone location
- if demand exceeds availability, Resort Management Office (RMO) can consider
additional boxes at existing locations or new locations
- No advertisements or logos
- City to maintain boxes, not coin collection mechanisms
- Publications can install and maintain coin collection mechanisms
No unused spaces in box
- Permit can be revoked ifbox remains empty for thirty (30) days or more
Transfers and Leases
- Prohibited; permit can be revoked upon notice
Mr. Eason advised a Policy Report will be forwarded to City Council (after final review by City staff).
Another meeting with the affected publications concerning subtle changes to the Ordinance will be
conducted. Mr. Eason referenced the December 8, 2006, memorandum from City Attorney Leslie L.
Lilley, suggesting a Public Hearing of the Newsrack Ordinance be scheduled for January 9, 2007, with
scheduling of the Ordinance for the City Council Session of January 23, 2007. In order to maintain an
attractive appearance, Mr. Eason advised maintenance costs were factored into the cost of permitting
these newsracks.
December 12, 2006
- 10-
CITY MANA GER 'S BRIEFING
NEWSRACK ORDINANCE
ITEM # 55890 (Continued)
Councilman DeSteph referenced the e-mail from Terri Liskey - Virginia Beach Guide Publications and
he requested prior to January 9, 2007, a meeting be conducted with Guy and Terri Liskey as well as the
other publishers comprising the Task Force, the City Attorney, the City Manager, the Resort Management
Office and a representative of Finance to discuss this proposal further.
The City Attorney advised contacting Terri Liskey and being unable to arrange a meeting prior to this
briefing. The City Attorney referenced their willingness to work with the Task Force and similar groups.
Some of the publications do not believe a program of this nature should be instituted and the City will be
unable to resolve those differences. The City Attorney advised this ordinance does apply to the entire city
as noted "for Resort Area and areas of concentration" defined as public rights-of-way with eight (8) or
more proprietary newsracks within a ten-foot (10') radius.
Councilman Uhrin urged City Council action to eliminate this clutter problem prior to the Tourist
Season.
Council Lady Henley believes this is the same principal utilized with the Agricultural signs in Pungo.
The key was all participated and the system is a success. This concept has the same degree of fairness.
Council Lady McClanan advised two (2) years ago, she called this proposed ordinance "the litter box"
ordinance. The City staff is to be commended. Freedom of the press does not mean "freedom to litter ".
Mayor Oberndorf advised she, the City Manager and the City Attorney have met with some of the local
publicists who clarified their concerns. Mayor Oberndorf expressed appreciation to the City Manager
and City Attorney.
December 12, 2006
- 11 -
CITY COUNCIL DISCUSSION
CITY'S FUND BALANCE
2:00 P.M.
ITEM # 55891
The City Manager referenced the options concerning the City's Fund Balance ranging from City
Council's concurrence with priorities re one time expenditures to deferring the decision to May 2007, as
a part of the Capital Improvement Program, individual appropriations on a project-by-project basis, and
appropriating a portion now, awaiting unanticipated projects (an example would be on Friday
afternoon, December 15, 2006, bids will be opened on one-half of the Virginia Aquarium project, and
whether or not these bids are over the estimates). The City Manager advised City Staff is seeking City
Council's guidance re the City's fund balance.
Vice Mayor Jones prepared a listing of the allocation of FY 2006 Year End Fund Balance,
incorporating the thoughts provided by City Council re uses of the fund balance. Vice Mayor Jones
distributed his priorities re Use of Fund Balance which is hereby made a part of the record. The fund
balance reserve will equal 1 0% with the expenditure of $2 7.1-MILLION
PROJECTS Estimated Cost
Shore Drive Corridor Improvements - Phases IL III and IV design, land $ 2.5-MILLION
acquisition and private utility relocation. This does not include construction
Shore Drive Interim Safety Improvements - Design and build sidewalks from $ I-MILLION
Independence Boulevard to Straiford Drive on the south side of Shore Drive and
from Straiford Drive to Great Neck Road on the north side of Shore Drive, and to
make pedestrian safety improvements at the intersections of Shore Drive Road and
Great Neck Road, Straiford Drive, Vista Circle and Starfish Lane (Pedestrian
countdown heads, handicapped ramps and crosswalks). Neither of these projects
would have to be removed with a larger demonstration project
Bayside Community Center - design only $ 800,000
Constitution Drive Extended - 35% design, the cost to be split 50/50 with the $ 320,000
developer (only city portion reflected)
Fire and Rescue Station Chesapeake Beach - site acquisition and design only $ 2.3-MILLION
Town Center Pedestrian Bridge - design only, this funding is in addition to the $ 200,000
$200,000 already provided
Norfolk and Southern right-of-way acquisition - Reallocate $IO-MILLION in BRT State BRT(Bus Rapid Transit)
funding from the State Funds
Congestion Relief/Safety Improvement Program - Public Works prioritized list of $ 2. I-MILLION
road/intersection improvements:
1. $I.05-MILLIONfor left turn lanefrom southbound South Independence
Boulevard onto eastbound Lynnhaven Parkway
2. $I.05-MILLIONfor right turn lanefrom eastbound Buckner Boulevard
to southbound South Rosemont Road
3. $1. 95-MILLIONfor right turn lanefrom southbound Holland Road
onto westbound Dam Neck Road
4. $I.95-MILLION for left turn lane from westbound Providence Road
onto southbound Edwin Drive
(Funding provided is for first two (2) projects on the list)
Storm Water Maintenance Backlog - Public Works is reviewing the impact of $ 800,000
Ernesto on the storm water infrastructure; however, the following projects would
provide initial funding:
1. $200,000 for Engineering/Drainage studies on Neighborhood Flooding
2. $600,000 to extend the length of the Stumpy Lake Ouifall in conjunction with
Public Utilities projet to replace the ouifall. This will help with neighborhood
drainage.
3. $2.0-MILLION as a set aside to address neighborhoodflooding based on the
results of Public Works Ernesto review.
(Funding provided isfor first two (2) projects on the list)
Southeastern Parkway and Greenbelt - Continue current policy of acquiring Continue with site
properties in the right-of-way that are threatened by development until state acquisition strategy
funding and Environmental Impact Statement (EIS) issues are resolved
December 12, 2006
- 12 -
CITY COUNCIL DISCUSSION
CITY'S FUND BALANCE
ITEM # 55891 (Continued)
PROJECTS Estimated Cost
Pavement Maintenance Program - this would allow some improvement to $ 1.0-MILLION
repaving efforts in light of rising prices
City Bikeways and Trails Plan - Fund according to new recommendations from $ 500,000
the Bikeway and Trails Commission and direct staff to provide an annual
appropriation in the CIP as pay-as-you-go funding allows. This was a high priority
with citizens during budget hearings last Spring. (Costs is higher than original list
due to a misunderstanding of the Commission's request)
Parks and Playground Equipment - this will provide the second installment of $ 1.26-MILLION
replacing the playground equipment removed due to federal regulations last year
Replenishment of the Various Site Acquisition Project - provide additional $ 6. 55-MILLION
funding for strategic land purchases authorized by City Council. Funding includes
potential acquisitions recently discussed in Closed Session.
Unfunded Retiree Health Care Liabilities - require Public Utilities and Storm $ 3. 26-MILLION
Water Enterprise Funds to cover their proportionate share ($210,000 and $35,000
respectively). This is the first installment
31st Street Parking Garage Settlement - A settlement has been reached with Gold $ 108,000
Key PHR regarding construction of the parking garage. The agreed to amount is
$108,205. This will avoid a much costlier litigation. Staff can provide a briefing if
needed
31st Street Park Restrooms - Construct, in partnership with PHR, a new permanent $ 90,000
stage with sound wall and restroom facilities. PHR will provide $500,000 to the
project with the City providing the remaining $90,000
61:''1 Street Pump Station - Additional funding is needed to construct the pump $ O.O-MILLION
station. The pump station is needed to address heavy rains. (Construction fUnding
is not needed immediately, the project is in the design phase, however, there is no
funding identified in the six-year Capital Program for construction./
Avalon A venue - Additional funding to construct the 3,600 feet of roadway $ 1.5-MILLION
Rural Roads - Allocate funds to address one of the proposed turn lanes on $ 300,000
Princess Anne Road
Fire & Rescue Station Blackwater - Design only $ 600,000
Aquarium Pedestrian Bridge - Fully funds construction of the pedestrian bridge
over General Booth Boulevard2
ReI!ional SRO HousinI! Proiect (VirI!inia Beach Shore/ $ 1.3-MILLION
Kempsville Greens Golf Course Pond Stabilization - this would provide funding $ 500,000
for Ponds # 1 and # 11 (total of 11 ponds)
Arts and Humanities Commission - this would provide one-time funding for a $ 100,000
third video wall art exhibit at the Convention Center
TOTAL $ 27.1-MILLION
Thefund balance reserve will equal 10% with the expenditure of$27.1-MILLION
1 Council Direction: consider $4.5-MILLION in construction costs for 61'1 Street Pump Station as part
Of the FY 2007-08 Capital Improvement Program Budget
2. Estimated cost of $3-MILLION to be considered as part of the FY 2007-08 Capital
Improvement Program Budget
3 City Council briefed in Closed Session on potential real estate acquisition.
December 12, 2006
- 13 -
CITY COUNCIL DISCUSSION
CITY'S FUND BALANCE
ITEM # 55891 (Continued)
Council Lady Henley advised preparation of a similar list. The School Board has forwarded a proposal
re allocation of their year-end fund. Council Lady Henley advised she would be grateful if these funds
are available to divert into Capital Projects in a "pay-as-you-go" fashion. These projects are in the
Capital Improvement Program document; however under the heading "Requested But Not Funded". The
City Council has conducted a thorough discussion concerning these items. Councilman Uhrin concurred
and advised the majority of the projects are concentrating on public safety improvements.
Vice Mayor Jones advised the major change appears in the Replenishment of the Various Site Acquisition
Projects (originally $10-MILLION now $6.55-MILLION) and the 6Ft Street Pump Station ($0.0-
MILLION) as this project is in the design phase and there is no funding identified in the six-year capital
program for construction. Councilman Wood is comfortable as long as this is addressed in the Capital
Improvement Program with the next Operating Budget process.
Councilman Dyer requested deferring the year-end fund balance decision until January. The constituents'
are better served by taking into consideration the entire context of the Capital Improvement projects
rather than the piecemeal approach utilized concerning the $27-MILLION Councilman Dyer
recommended scheduling a mini-retreat in January dedicated to a comprehensive assessment of the
Capital Project needs and funding. By deferring a decision on the fund balance and devoting more time
to discussion and funding capital needs, Councilman Dyer believes better decisions will be made with
significant impact. Councilman Dyer's e-mail request to City Council is hereby made a part of the
record.
Council Members Diezel, Dyer and Villanueva sponsored a Town Hall Meeting, Monday evening
(December 11, 2006) attended by over three hundred (300) citizens. Councilman Diezel advised the
Town Hall Meeting comments reflected public safety, drainage and traffic as the major themes.
Councilman Diezel believes this list of Use of Fund Balance as a positive reinforcement into the
neighborhoods addressing their issues as proposed by Vice Mayor Jones. The City Council might wish to
review the Master Street and Highway Plan
Councilman DeSteph referenced the Arts and Humanities Commission funding in the amount of
$100,000. The correspondence had stated $10,000 was to be utilizedfor a video wall and $90,000 was to
purchase a piece of art to be installed in the Sandler Center for the Performing Arts. Councilman
DeSteph is concerned re the GASB 45 interpretations re Unfunded Retiree Health Care Liabilities.
Councilman DeSteph wished the decision of the year-end fund balance deferred until January.
Catheryn Whitesell, Director - Management Services, advised Arts and Humanities had forwarded a
clarification letter and will provide same to Councilman DeSteph.
Council Lady Wilson advised the $10,000 was for another film for the video wall (as there are only two
(2) films at present) and the remainingfunds will be utilized for art acquisition for the Sandler Center for
the Performing Arts.
Councilman Villanueva referenced Interim Director Phillip Davenport, during the Town Hall Meeting,
advised out of twelve (12) Virginia Department of Transportation (VDOT) projects; only four (4) are
funded. The Capital Improvement projects need to be reviewed and determine which are of benefit to the
community.
December 12, 2006
- 14 -
CITY COUNCIL DISCUSSION
CITY'S FUND BALANCE
ITEM # 55891 {Continued}
Mayor Oberndorf advised she discussed with the City Attorney the ability of Northern Virginia to place a
moratorium on growth versus traffic capacity and if that could be applicable in Virginia Beach. The
General Assembly has two (2) sets of criteria, one for counties and one for cities.
The City Attorney advised the General Assembly has enacted certain provisions in Northern Virginia that
are not applicable in other localities. Generally the rule is the governing body must allow land to have a
reasonable use. If land does not have a reasonable use, it must be rezoned to the reasonable use, whether
or not adequate public facilities are available. However, if the land has a reasonable use, and the
facilities are inadequate to accommodate a change, the governing body is not required to increase the
density to the highest and best use. The Comprehensive Plan should also reflects support of this premise.
If the land is already zoned for reasonable use, then the City Council must permit, by right, the land to
develop; however City Council does not have to permit "upzoning".
Council Lady McClanan referenced an article in The Washington Post re three (3) localities in Northern
Virginia and Maryland placing a moratorium on development as their transportation capacity was not
capable of handling.
Council Lady Wilson was pleased the SRO Housing Project (funds to develop permanent rental housing
for the homeless) was included within this allocation of FY 2006 Year End Fund Balance.
Councilman Villanueva requested after the Capital Improvement Projects are voted upon by City
Council, these projects be placed on the new more user friendly website: www.vbf!ov.com
Councilman DeSteph requested a meeting with the City Attorney and Patricia Phillips to review the
interpretation of GASB 45, as he is uncomfortable with the employee health care liability.
Susan Walston, Chief of Staff, advised the meeting scheduled for Tuesday, December 19, 2006, at 10:00
A.M., included the City Attorney and representatives of Mercer, was relative the GASB liability. Mrs.
Walston advised the information forwarded re rates was to clarify the first discussion concerning
deferring the increases for 2007 City Retirees. The first estimate was "across the board" with the number
of enrolled City Retirees and calculating the increase in Retiree only care. The new amount is closer to
$217,000 (rolling back the increase for six (6) months which is based on Councilman Deizel's intent in a
proposed Resolution (Resolution to suspend increases in health insurance premiums for Retirees until
July 1, 2007. Health care premiums paid by City Retirees shall remain at the 2006 rates.
BY CONSENSUS of the majority, a PUBLIC HEARING and vote by City Council re Amendment to
the FY 2006-07 Capital Budget and allocation of FY 2006 Year End Fund Balance, shall be scheduled
for the City Council Session of January 9, 2007. (Council Members DeSteph and Dyer wished to DEFER
the Public Hearing and vote).
December 12, 2006
- 15 -
CITY COUNCIL COMMENTS
2:53 P.M.
ITEM # 55892
Mayor Oberndorf met with Jones Hooks, President - Hampton Roads Economic Development Alliance,
Sunday. December 10, 2006, as industrial representatives from China were visiting. Mayor Oberndorf,
Mike Barrett and other region representatives attended a dinner with the industrial representatives.
Mayor Oberndorf personally saw an effort being made by the Economic Development Partnership to
assure Virginia Beach is given the opportunity to speak to potential industrialists. The statue of King
Neptune at the Resort was very well received. The guests were very impressed. These investments are
being recognized by our World visitors.
Councilman Uhrin noted approximately ten percent (10%) of the visitors to Virginia Beach are from
Canada.
ITEM # 55893
Mayor Oberndorf referenced yesterday, December 11, 2006, the Oceana Land Use Conformity
Committee met with the Navy to commence discussions re possibility of the locations of purchases of
duplexes to reduce the density in this area. Mayor Oberndorf, Vice Mayor Jones, the City Manager and
the City Attorney were in attendance on the City's behalf.
ITEM # 55894
Councilman Villanueva advised the Mount Trashmore Park is under renovation and the concrete skate
board slide has been installed and should be operational by January 2007. The new Woodstock Skate
Park will be operational by Spring. Councilman Villanueva extended appreciation to the City Council
and staff
ITEM # 55895
Council Lady Wilson complimented the City's new/improved website (www.vbgov.com) Council Lady
Wilson requested on-line a bulk pick-up. Within fifteen minutes, a City staff member had called. Council
Lady Wilson was amazed at the quick response and ease of utilizing this impressive on-line service.
The City Manager advised the City of Virginia Beach (prior to these improvements) had already been
judged the best website in the United States.
ITEM # 55896
Council Lady Henley referenced the City Page announcement of the Virginia Beach 2007 Boardwalk
History Festival meeting. The meeting is scheduled for Monday, January 22,2007, at 7:00 P.M. in the
Eastern Shore Chapel, 2020 Laskin Road. Booths will be provided to display the history of the
representative organizations. The Virginia Beach 2007 Boardwalk History Festival will be held on
Saturday, April 28, 2007. Council Lady Henley hopes all groups will be represented. Approximately one
hundred (100) groups have committed to attendance.
December 12, 2006
- 16 -
CITY COUNCIL COMMENTS
ITEM # 55897
Council Members Diezel, Dyer and Villanueva sponsored a Town Hal/ Meeting (Kempsville and
Centerville Districts), last evening (December 11, 2006) attended by over three hundred (300). The Town
Meeting was held at 6:30 P.M. at Tal/wood High School.
Mayor Oberndorf advised approximately thirty (30) Department Directors (i.e. Police Chief, Fire Chief,
Traffic Engineer, Directors of Public Works and Utilities) or their representatives were in attendance.
Mayor Oberndorf urged cognizance that these individuals are not compensated for their attendance and
should be utilized judiciously.
Council Lady Henley advised during her Town Forums, she does not have staff present unless a
particular issue requires their presence. Her meetings are very informal with participants being able to
exchange ideas.
December 12, 2006
- 17 -
AGE N DA REV IE W S E S ION
3:00 P.M.
ITEM # 55898
1. 6. Commonwealth of Virginia Vegetation Control Permit Program:
b. Ordinance re the application of ADAMS OUTDOOR AD VERT/SING to
allow the removal and replacement, with conditions, of certain vegetation on
Virginia Beach Boulevard
Speakers are registered re this item.
ITEM # 55899
1.9. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to
Old Virginia Carriage Co., LLC, from November 15, 2006 to April 15, 2007, re:
a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides on the Boardwalk
Speakers are registered re this item which will be discussed during the Formal Session.
ITEM # 55900
Councilman Diezel distributed a Resolution to suspend increases in health insurance premiums for
Retirees (Second Revised Version) to be ADDED to the Agenda.
ITEM # 55901
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
1. RESOLUTIONS/ORDINANCES
1. Resolution re issuance by the Virginia Beach Development Authority (VEDA) of
Industrial Revenue Bonds in the amount of $3,000,000 for Acoustical
Sheetmetal, Inc. for a manufacturing plant at the intersection of Production
Road and Central Drive. (DISTRICT 6 - BEACH)
2. Resolution to SUPPLEMENT the 2007 Community Legislative Package re
adding proposed ABC establishments that pose a threat to public safety.
3. Resolution to AUTHORIZE the City's application for allocation of $1-Million
through the Virginia Department of Transportation (VDOT) 2006-07 Revenue
Sharing Program; and, AUTHORIZE the City Manager to execute all necessary
agreements for the Lynnhaven Parkway Phase IX project's development and
construction.
4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of
Agreement (MOA) with Hampton Roads Planning District Commission
(HRPDC) re the Hampton Roads Regional Water Supply Planning Process.
December 12, 2006
- 18 -
AGE N DA REV IE W S E S ION
ITEM # 55901 (Continued)
5. Resolution to A UTHORIZE the Department of Emergency Medical Services
(EMS) to apply for an upgrade to its agency license from an Emergency Ground
Transport Agency to an Emergency Ground Transport and Air Ambulance
Agency.
6. Commonwealth of Virginia Vegetation Control Permit Program:
a. Resolution to A UTHORIZE an Agreement for the delegation of
administration to the City of Virginia Beach.
7. Ordinance to A UTHORIZE the City Manager to execute a Deed of Release and
Exchange re an Agricultural Lands Preservation Easement (ARP) for a land
change of equal area on property owned by Edward L Vaughan and previously
approved by City Council.
8. Ordinance to A UTHORIZE the acquisition of property in fee simple, including
temporary and permanent easements, at General Booth Boulevard, Elson Green
Avenue and UptonDrive/Sandbridge Roadfor the right-ofway for Princess
Anne Road, Phase VII, either by agreement or condemnation.
10. Ordinances to TRANSFER:
a. $421,810from the LynnhavenXlproject to the Buckner Boulevard Extended
project and A UTHORIZE the City Manager to execute a Cost Participation
Agreement with Baymark Construction Corporation, Colonial Self
Storage and Public Storage re the extension of Buckner Boulevard.
b. $350,000 from Reserve for Contingencies to the Department of Economic
Development's FY 2006-07 operating budget re continued operating costs for
the Tournament Players Club (TPC) golf course through March 31, 2007.
December 12,2006
- 19 -
AGE N DA REV IE W S E S S ION
ITEM # 55902
K.1. Application of ED WARD A., JR. and KA THLEEN T. KURPIEL for a Variance to
$ 4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re subdividing
an existing lot into two lots.
(DISTRICT 7 - PRINCESS ANNE)
The applicant wishes to speak re this item recommended for DENIAL.
ITEM # 55903
K.4. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Providence Road:
(DISTRICT 1- CENTERVILLE)
a. Change of Zoning District Classification from B-2 Community Business
District to Conditional A-36 Apartment District
b. Conditional Use Permit re a senior housing project
Concern was expressed re the size of the project. Mayor Oberndorf advised this building resembles the
Sunstates application off Shore Drive. This building resembles what the City Council ultimately decided
was similar to "warehousing the elderly". The City Council purchased the land, due to a fire during the
building of this facility.
Council Lady McClanan believes these applications resemble "rent control" housing.
ITEM # 55904
K.5. Application of OCEAN PROPERTIES, L.L.C.for a Change of Zoning District
Classification from B-2 Community Business District to Conditional B-4 Mixed
Use District at Centerville Turnpike and Lynnhaven Parkway to develop the site
with retail, restaurants, offices and multi-family condos.
(DISTRICT 1 - CENTER VILLE)
Councilman Villanueva requested City Staff brief City Council concerning the status of the Lynnhaven
Parkway and Centerville Turnpike.
ITEM # 55905
BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT Agenda:
K. PLANNING
2. Application of CINGULAR WIRELESS for a Conditional Use Permit
re a communications tower at 5638 Baccalaureate Drive.
(DISTRICT 2 - KEMPSVILLE)
3. Application of DISCIPLESHIP TABERNACLEfor a Conditional Use Permit
re a church at 3540 Holland Road.
(DISTRICT 3 - ROSE HALL)
December 12, 2006
- 20-
AGE N DA REV IE W S E S S ION
ITEM # 55905 (Continued)
6. Application of DEEP BLUE MARINE, L.L.C.for a Modification of Conditions
at 3716 Shore Drive (approved by City Council on October 25,2005) re
landscape plantings and site improvements.
(DISTRICT 4 - BAYSIDE)
Item K.2 (Cingular Wireless) shall be DEFERRD BY CONSENT
December 12, 2006
- 21 -
ITEM # 55906
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Dome Site
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council voted to proceed
into CLOSED SESSION (3:27 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 3:40 P.M. - 5:10 P.M.)
(Break: 3:30 P.M. - 3:40 P.M.)
(Dinner: 5:10 P.M. - 6:00 P.M.)
December 12, 2006
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 12, 2006
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 12, 2006, at 6:00 P.M.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Dr..J. Scottie Griffin
Lynnhaven Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27,2004, is hereby made a part of the record.
December 12, 2006
- 23 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 55907
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exemptfrom Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M. Henley
December 12, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS. The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55906, Page 21, and in accordance with the provisions of The
Virginia Freedom of Information A~ and,
WHEREAS. Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NO>>'; THEREFORE, BE IT RESOL VED That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
December 12, 2006
- 24-
Item V-F.1.
MINUTES
ITEM #55908
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of December 5, 2006.
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva and James 1. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
Barbara M. Henley
Council Lady Wilson ABSTAINED as he was not in attendance during the City Council Session of
December 5,2006, being onfamily vacation with her family in New York.
December 12, 2006
- 25-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55910
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 12,2006
- 26-
Item V-H.J.
PUBLIC HEARING
ITEM #55911
Mayor Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED CONDEMNATION
Princess Anne Road Phase VII at Elson Green Avenue intersection
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING:
December 12, 2006
- 27-
Item V-H.2.
ADD-ON
ITEM # 55912
Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADDED to the
Consent Agenda as Item J.ll:
Resolution to suspend increases in health insurance premiums for
Retirees.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
December 12, 2006
- 28-
Item V-H.3
PRESENTATION
ITEM# 55913
Mayor Oberndorf referenced a note from Councilman DeSteph advising Mrs. Watson's Government
Class of students from Princess Anne High School are in attendance. Mayor Oberndorf expressed
appreciation for their attendance and presented each with a City Seal pin.
December 12, 2006
- 29-
Item v'J.
RESOLUTIONS/ORDINANCES
ITEM #55914
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Resolutions/Ordinances 1, 2, 3, 4, 5, 6a., 7, 8, lOa/b. and 11 (ADDED) of the CONSENT
AGENDA
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 30-
Item v'J.l.
RESOLUTIONS/ORDINANCES
ITEM # 55915
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution re issuance by the Virginia Beach Development Authority
(VEDA) of Industrial Revenue Bonds in the amount of $3,000,000 for
Acoustical Sheetmetal, Inc. for a manufacturing plant at the intersection
of Production Road and Central Drive. (DISTRICT 6 - BEACH)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1
2
3
4
5
6
7
8
9
RESOLUTION OF CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE
BONDS FOR ACOUSTICAL SHEETMETAL,
INC.
WHEREAS,
the City of Virginia Beach
Development
10 Authority (the Authority) has considered the application of
11 Acoustical Sheetmetal, Inc. (the Company) for the issuance
12 of the Authority's Revenue Bonds (the Bonds) in an amount
13 not to exceed $3,000,000 to assist the Company in (a)
14
financing
the
construction
and
equipping
of
an
15 approximately 63,000 square foot building to house a
16
facility to manufacture
fuel tanks,
sound attenuated
17 enclosures and attendant electrical systems (the Project)
18 located on a parcel of land containing approximately 4.2
19 acres located on Production Road approximately 1.2 miles
20 east of the intersection of Production Road and Central
21 Drive in the City of Virginia Beach, Virginia, and (b) to
22 finance costs associated with the issuance of the Bonds;
23 and
24
WHEREAS, the Authority has held a public hearing with
25 respect to the Project and the Bonds on November 21, 2006,
26 and has adopted an inducement resolution with respect
27 thereto; and
28
WHEREAS, the Internal Revenue Code of 1986, as amended
29 (the Code), provides that the highest elected governmental
30 officials of the governmental unit having jurisdiction over
31 the issuer of private activity bonds shall approve the
32 issuance of such bonds; and
33 WHEREAS, the Authority issues its bonds on behalf of
34 the City and the members of the City Council of the City
35 (the Council) constitute the highest elected governmental
36 officials of the City; and
37
WHEREAS, Section 15.2-4906 of the Code of Virginia of
38 1950, as amended (the Virginia Code), provides that the
39 Council shall, within sixty (60) calendar days from the
40 public hearing with respect to industrial development
41 revenue bonds either approve or disapprove the issuance of
42 such bonds; and
43
WHEREAS,
a
copy
of
the
Authority's
resolution
44 approving the issuance of the Bonds, a reasonably detailed
45 summary of the comments expressed at the public hearing
46 with respect to the proj ect and the Bonds and a statement
47 in the form prescribed by Section 15.2-4907 of the Virginia
48 Code have been filed with the Council, together with the
49 Authority's recommendation that the Council approve the
50 issuance of the Bonds;
51
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
52 THE CITY OF VIRGINIA BEACH, VIRGINIA:
53
1.
The recitals made in the first preamble to this
54 resolution are hereby adopted as a part of this resolution.
55
2 .
The City Council of the City of Virginia Beach,
56
Virginia,
approves the issuance of the Bonds by the
57 Authority for the purposes stated herein, such approval
58 being given to the extent required by the Code and Section
59 15.2-4906 of the Virginia Code.
60
3.
The approval of the issuance of the Bonds, as
61 required by the Code and the Virginia Code, does not
62 constitute an endorsement to a prospective purchaser of the
63 Bonds of the creditworthiness of the Company and, as
64 required by Chapter 643 of the Acts of Assembly of 1964, as
65 amended (the Act), the Bonds shall provide that neither the
66 City nor the Authority shall be obligated to pay the Bonds
67 or the interest thereon or other costs incident thereto
I
68 except from the revenues and monies pledged therefor and
69 neither the faith or credit nor the taxing power of the
70 Commonwealth of Virginia, the City or the Authority shall
71 be pledged thereto.
72
4.
This resolution shall effect immediately upon its
73 adoption.
74
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 12th day of December
75
CAI0158
V\applications\citylawprod\cycom3 2\ Wpdocs\DO 15\P00 1 \00023 504.DOC
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November 30, 2006
, 2006.
APPROVED AS
SUFFICIENCY
TO
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City A torney
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The virginian-Pilot
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This day,Dreama Johnson personally appeared before!
me and after being duly sworn. made oath that: I
1) She is affidavit clerk of The Virginian-Pilot, I
a newspaper published by Landmark Communications I
Inc., in the cities of Norfolk, Portsmouth, I
Chesapeake, Suffolk, and Virginia Beach, Common- I
wealth of virginia and in the state of North I
Carolina 2)That the advertisement hereto annexed I
has been published in said newspaper on the date I
stated. I
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TOTAL COST: 8Q4.96 AD SPACE: 106 LINEI
FILED ON: 1,;i/~7/06 .,' I
- - - -~. - - - - - - - - - J ~ -{-'7 - - - - - - - - - - - - -.';"', -/:.-'- -.:- - -..- - - - _. - - - - -f- - - - .- - -. - ~> -. - - - - - - - - - - - - .,~....
I,egal ~f:iant: I' '
"', i
SUbsC'r'.~~e&.',a~d ~wi;(n to beffll-<: 'l\le.in ll1Y c~.ty and state on the day and year
aforesa~~ \hlS -f-\:.:J,..JiaR. ~f ~~ .";. .,.-,-\C'; ": ,.
'\ \ l-<;";)\ \.
Notary-:_ J-1.J,,,,~~.,"'.._'~ '~:"~~~ommission expires January 31, 2008
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
KAUFMAN & CANOLES,
SUITE 2100
150 W MAIN ST
NORFOLK VA 23510
P.C.
REFERENCE: 10236406
16088977
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
PUBLISHED ON: 11/07 11/14
..,,-----....<>0.-,.
HEARING ON
IHI)USTRIAL
OEV$.. fJVENUE BONOS
FINANQING."yllfl.ClTYOF VIRGINIA
BEACH J)EVEl.()PM~T AUTHORITY
FOR ACC>USnCAL SHEETMETAL. INC.
1\Iotw.e isi1<!reby gIVen tl1i>! !l1I>. eil> ~f Virginia Bench Dr,vel
()prneril f\illtrorlty (thf.l4V1hont~t whose mJdmst'l 1,;' ,222 Ci:n
Iml Pnrk,i\ve""", Slil!!>t(l()<), \"rg""~ Bll,wh. Vk$t"''' 2:3462,
will ho-lda pVOlfi.'f lit(iting()i't tt'ta pfarl (}f fInance ol/\ct<USltCal
S!teI1tntetaJ,: file, ithe Cmt\fWltl), wtl()$e t*rziness _i~ IVtit1t;!'d
Ht 122 S. 'N'!c!I<IUCk Road. Vl!glnl~ i'l<>ach, Vlrifllln:r:l452.
tOt tl'M? issuance by the AuthO:nty of it"; ,teV~i1\1e tKlt.ds !fii)fl
allWtlnl n~Ho e).Ce~$3;0Q0.OOO to a~!;.!~t 111ft CI)!1lpun~ H1
; ,,} fmanc!n&_tM cons:tt~~,lQll ,,' ~n~'1 B'rrLhp~~, f)f . an ,.M'Pt{lXI"
:~:~~~:ra~~;?/~~j'\~t~Zjs.f~~u~;~t~t~n~;~tt!~rJ~~(~;~'l~.~~~1~t~:1r;;.;
anertdante~trifiid 5YtterrH,',lthe Projt1-ct} IIX'.mSd, on i~, pmcel
()f land containing i1~)(ox!mawt~', 4,,2 acm':i, Itx:attJu (Ill Pm-
du<:UOJ\ Rr>adapproxH1ialety .L2,tmle$ ea.,;;. l)t Vjt;"iI1tef!.~uc
tiOfi o~' ~l){1uc1.i()n R(iM1anrtt:~mrftl, DflvHftl t'he City of Vir
~mta~..t)i;h. Vugim8" :etl~ (~i, payJryg, thtlfl.}$l of n:mUlog. tho
OOlyjs. . lhe PrWe(;! will tjf< .'lWTle<'l1ll' tile (;(l!l1i1"ny.. lhe put>
(K; tmarmg. wtu(:;i1ma:YJ:woonl1ft\H~d nrad~)l;mett will IJt+ h~ld
at 8:110 a.Ill.OIl Novemlle' 21, 2006. befort. II",
Authority m thfJ contf,;H,rw;e tU(.ffn" ~ its (1ffl{;6. The L'ond~ wjil
no~ pl~ttw;t)~r~.(~n nrth& taxiflgpnv/N (~f t.ho(>ly {:sf Vu.
!?in1n OCefch,. VngJf>>il. o~ ',the "A..~thonty, btlt WtU be payable
;')olf~fyfr(.)nl,(e\'fHlu~sdefived frorn tN~ Company, ArW perSi;tI1
IntBH~stt)d 10, too {S5Uftf1(i:e of the hom1F ()r the, h')t,.-atl{)(j or
flalu1dof the' prQje<:{ (Hay appe~and fltlhtWftL A copy otthe
re~d!utiCtfl to be r.or,Sidered 'by 'the AuthOrity aft~'jr thu PUhliC'
he.:'ving wiU i.:>e 011 We artfJOj)(m tOf lri$pt\~hO(l fit Y*'
A~jq1()rjly'$offiC(fd(itJ-rt.g~htJs'!nif1'f,,!' hrnJ!'t; fiHCrf t1) Hli" fJlJt11u,
11'!dl")1,g,
7.1~
- "-'~'-"'~"-"",,,,-
""""-.........~......,,~
NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT
REVENUE BONDS FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY FOR ACOUSTICAL SHEETMET AL, INC.
Notice is hereby given that the City of Virginia Beach Development Authority (the Authority)
whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will
hold a public hearing on the plan of finance of Acoustical Sheetmetal, Inc. (the Company), whose
business is located at 122 S. Witchduck Road, Virginia Beach, Virginia 23462, for the issuance
by the Authority of its revenue bonds in an amount not to exceed $3,000,000 to assist the
Company in (a) financing the construction and equipping of an approximately 63,000 square foot
building to house a facility to manufacture fuel tanks, sound attenuated enclosures and attendant
electrical systems (the Project) located on a parcel of land containing approximately 4.2 acres
located on Production Road approximately 1.2 miles east of the intersection of Production Road
and Central Drive in the City of Virginia Beach, Virginia, and (b) paying the cost of issuing the
bond. The Project will be owned by the Company. The public hearing, which may be continued
or adjourned, will be held at 8:30 a.m. on November 21, 2006, before the Authority in the
conference room at its office. The bonds will not pledge the credit or the taxing power of the
City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues
derived from the Company. Any person interested in the issuance of the bonds or the location or
nature of the Project may appear and be heard. A copy of the resolution to be considered by the
Authority after the public hearing will be on file and open for inspection at the Authority's office
during business hours prior to the public hearing.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON TUESDAY, NOVEMBER 7, 2006,
AND TUESDAY, NOVEMBER 14,2006
::ODMA\PCDOCS\DOCSNFK\!!47739\!
Exhibit B
SUMMARY OF PUBLIC HEARING WITH RESPECT TO
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
ACOUSTICAL SHEET MET AL, INC.
At 8:30 a.m. on November 21, 2006, the Chairman of the City of Virginia Beach
Development Authority (the Authority) announced th.e commencement of a public hearing of the
Authority in the conference room at its office located at 222 Central Park Avenue, Suite 1000,
Virginia Beach, Virginia 23462, on the plan of finance of Acoustical Sheetmetal, Inc. (the
Company), whose business is located at 122 S. Witchduck Road, Virginia Beach, Virginia
23462, for the issuance by the Authority of its revenue bonds in an amount not to exceed
$3,000,000 to assist the Company in (a) financing the construction and equipping of an
approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound
attenuated enclosures and attendant electrical systems (the Project) located on a parcel of land
containing approximately 4.2 acres located on Production Road approximately 1.2 miles east of
the intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia,
and (b) paying the cost of issuing the bond. The Project will be owned by the Company.
Caryl S. Johnson, Bond Counsel, spoke and disclosed to the Authority the nature of the
financing plan, and then invited questions concerning the financing from members of the
Authority. No questions were raised.
No other comments being made by anyone from the public, the public hearing was closed
at 8:45 a.m.
::ODMA\PCDOCS\DOCSNFK\1158250\1
Exhibit C
RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the Authority), the request of Acoustical Sheetmetal, Inc., a Virginia corporation (the
Company) the principal business address of which is 122 S. Witchduck Road, Virginia Beach,
Virginia 23462, for the issuance by the Authority of its revenue bonds in an amount not to exceed
$3,000,000 (the Bonds) to assist the Company in (a) financing the construction and equipping of
an approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound
attenuated enclosures and attendant electrical systems located on a parcel of land containing
approximately 4.2 acres located on Production Road approximately 1.2 miles east of the
intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia (the
Project), and (b) financing the cost of issuing the Bonds; and
WHEREAS, the Company in its appearance before the Authority and its application has
described the benefits to the City of Virginia Beach, Virginia (the City), to be derived from the
Project and has requested the Authority to agree to issue the Bonds under Chapter 643 of the
Acts of Assembly of 1964, as amended (the Act); and
WHEREAS, a public hearing with respect to the above matters has been held on
November 21,2006, as required by Virginia law and Section 147(1) of the Internal Revenue Code
of 1986, as amended (the Code).
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the issuance of the Bonds will benefit the
inhabitants of the City and promote their safety, health, welfare, convenience and prosperity.
2. The Authority hereby agrees to assist the Company in the financing of the Project
by undertaking the issuance of the Bonds upon terms and conditions to be mutually agreed upon
between the Authority and the Company. The Company will execute and deliver a promissory
note which will provide payments to the Authority sufficient to pay the principal of and
premium, if any, and interest on the Bonds and to pay all other expenses in connection with the
issuance of the Bonds and the Authority's administration thereof. The Bonds shall be issued in
form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be
secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to
payments under the promissory note.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the acquisition and installation of the Project, the Authority hereby agrees that
the Company may take such steps as it may deem appropriate in connection therewith, provided
that nothing herein shall be deemed to authorize the Company to obligate the Authority without
its consent in each instance to the payment of any moneys or the performance of any acts in
connection with the Project. The Authority agrees that the Company may be reimbursed from
the proceeds of the Bonds for all costs so incurred by it beginning from the date that is 60 days
prior to the date of this resolution and as otherwise approved by bond counsel.
4. The Authority hereby agrees to the recommendation of the Company that
Kaufman & Canoles, P.c., be appointed as bond counsel and hereby appoints such firm to
supervise the proceedings and approve the issuance ()f the Bonds.
5. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the purchase of the Bonds by a commercial bank or investment bank
pursuant to terms to be mutually agreed upon.
6. All costs and expenses in connection with the financing plan shall be paid from
the proceeds of the Bonds to the extent permitted by law or from funds of the Company and the
Authority shall have no responsibility therefor.
7. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the Bonds is hereby
approved and confirmed.
8. The Authority hereby recommends that the City Council of the City of Virginia
Beach, Virginia (the Council), approve the issuance of the Bonds and hereby directs the
Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form
prescribed by ~ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments
expressed at the public hearing held by the Authority pursuant to ~15.2-4906 of the Virginia
Code on the date hereof, and a copy ofthis resolution.
9. The Authority hereby elects to have the provisions of Section 144(a)(4) of the
Code applied to the Bonds.
10. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by a roll call
vote of the commissioners of the City of Virginia Beach Development Authority at a meeting
duly called and held on November 21, 2006, and that such resolution is in full force and effect on
the date hereof.
Dated: ~Q~Lt<"o~ 1..'ll-OO\c;,
~''-v~
c.'no.., (' S-eentl\:', City of
AuthOrity
. ia Beach Development
::ODMA\PCDOCS\DOCSNFK\!!4780!\!
2
Exhibit D
DISCLOSURE STATEMENT
Date: November 21, 2006
Applicant's Name(s): Acoustical Sheetmetal, Inc.
All Owners (if different from applicant): NI A
Type of Application:
Rezoning: From
To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other:
Bond Application
*****************************************~************************************
The following is to be completed by or for the Applicant:
1. If the applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
The following is to be completed by or for the Owner (if different from the applicant)
1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A
2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
. f';-.
OFFICERS AND DIRECTORS
Petra E. Snowden President and Director
Michael S. Ireland Executive Vice President and Director
Dieter P. Steinhoff Secretary/Treasurer and Director
::ODMA\PCDOCS\DOCSNFK\l14816l\1
Exhibit E
VIRGINIA
BEP-1CH
Department of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR
ACOUSTICAL SHEET METAL, INC. TO ASSIST IN CONSTRUCTION AND
EQUIPPING OF AN APPROXIMATELY 63,000 SQUARE FOOT FACILITY AND TO
FINANCE THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE BONDS.
The Development Authority recommends approval ofthe above-referenced financing.
The benefits ofthe Project to the City is as follows: (a) this is in the best interest of the public
and will benefit the inhabitants of the City through the promotion of their safety, health, welfare,
convenience and prosperity, and (b) the constructing and equipping of the Project for the
Company in the City will provide a public benefit to the City by, among other things, promoting
industry, commerce and developing trade.
Exhibit F
FISCAL IMPACT STATEMENT
SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, in order to permit Acoustical Sheetmetal, Inc. to submit the following information
in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states:
Name of applicant: Acoustical Sheetmetal, Inc.
Facility: On Production Road near the Intersection of Production Road and Central Drive in the City of Virginia
Beach, Virginia
1.
Maximum amount of fmancing sought
$3,000,000
2.
Estimated taxable value of facility's real property to be
constructed in the locality
$3,600,000
3.
Estimated real property tax per year using present tax rates
$36,000
4.
Estimated personal property tax per year using present tax rates
$l5,300
5.
Estimated merchant's capital tax per year using present tax rates
-0-
6.
a.
Estimated dollar value per year of goods that will be purchased
From Virginia companies within the locality
$8l6,700
b.
Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
$774,000
c.
Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
$172,000
d.
Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
$510,695
7.
Estimated number of regular employees on year round basis (FTE)
25
8.
Average annual salary per employee
$34,ll2
Dated: November 21,2006
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By:
~(~ v'~--t -;x~
Chairma
C.
::ODMA\PCDOCS\DOCSNFK\1148160\1
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
REVENUE BOND
1.
PROJECT NAME:
2.
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
AMOUNT OF BOND ISSUE:
5.
PRlNCIP ALS:
6. ZONING CLASSIFICATION:
a.
Present zoning classification
of the Property
b.
Is rezoning proposed:
c. If so, to what zoning classification?
Acoustical Sheetmetal, Inc.
1.2 miles east of the intersection of
Production Road and Central Drive in the
City of Virginia Beach, Virginia
Manufacturing Facility
$3,000,000
See attached list of officers and directors
Light Industrial
Yes
No XX
OFFICERS AND DIRECTORS
Petra E. Snowden President and Director
Michael S. Ireland Executive Vice President and Director
Dieter P. Steinhoff SecretarylTreasurer and Director
::ODMA\PCDOCS\DOCSNFK\! ]48]62\\
Exhibit H
VIRGINIA
BE.~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 385-6464
FAX (757) 499-9894
Website: www.vbgov.com
November 21,2006
Mr. Donald V. J ellig
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Acoustical Sheetmetal, Inc. Bond Financing
Dear Don:
The Department of Economic Development concurs with the issuance of Industrial Revenue
Bonds in an amount not to exceed $3,000,000 for Acoustical Sheetmetal, Inc. These funds are to
be utilized primarily to finance the cost of constructing and equipping an approximately 63,000
square foot building to house a facility to manufacture fuel tanks, sound attenuated enclosures,
and attendance electrical systems.
The resulting public benefits are as follows: (a) this is in the best interest of the public and will
benefit the inhabitants of the City through the promotion of their safety, health, welfare,
convenience and prosperity, and (b) the constructing and equipping of the Project for the
Company in the City will provide a public benefit to the City by, among other things, promoting
industry, commerce and developing trade.
I will be happy to answer any questions you may have at our meeting of November 21 st.
Sincerely,
-'0\~W~
Mark R. Wawner
Project Development Coordinator
MRW:lls
- 31 -
Item v'J.2.
RESOLUTIONS/ORDINANCES
ITEM # 55916
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to SUPPLEMENT the 2007 Community Legislative
Package by adding proposed ABC establishments that pose a threat to
public safety.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1
2
3
4
5
6
7
8
A RESOLUTION SUPPLEMENTING THE 2007
COMMUNITY LEGISLATIVE AGENDA BY ADDING
A PROPOSAL FOR LEGISLATION REGARDING
ABC ESTABLISHMENTS THAT POSE A THREAT
TO PUBLIC SAFETY
WHEREAS, on September 12, 2006, the City Council adopted
9 its 2007 Community Legislative Agenda and requested that members
10 of the City's local Delegation to the General Assembly sponsor
11 and/or support legislation therein; and
12
WHEREAS, state legislation is needed to enable to protect
13 the public from establishments that serve alcoholic beverages
14 and pose a threat to public safety, but a request for such
15 legislation is not currently part of the 2007 Community
16 Legislative Agenda;
17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
That the City Council hereby amends its 2007 Community
20
Legislati ve Agenda by adding the attached request for
21
legislation regarding ABC establishments.
22
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
That the City Clerk is hereby directed to transmit a copy
25 of this Resolution and the attachment to each member of the
26 City's Delegation to the General Assembly.
27
28
Adopted by the City Council of the City of Virginia Beach,
29 Virginia, this 12th day of December
, 2006.
30
APPROVED TO CONTENT AND
LEGAL SUFFICIENCY:
~i'he
~
CA-10224
V:\applications\citylawprod\cycom32\Wpdocs\D001\P001\00024335.DOC
December 1, 2006
R-1
ATTACHMENT
ABC ESTABLISHMENTS THAT POSE A THREAT TO PUBLIC SAFETY
Virginia Beach Police Department
Background Information:
When a bar in the City presents serious public safety concerns, the Police Department can
submit a report to the local Alcoholic Beverage Control ("ABC") officer, who may chose
to investigate the matter. Following the investigation, the local ABC officer may chose
to request an administrative hearing before an ABC hearing officer to determine whether
the bar's license to serve alcoholic beverages should be suspended or revoked, or whether
conditions should be imposed on the bar's continued operation. Because of the limited
number of ABC hearing officers and delays that often are sought by bar owners, the
hearing generally is not held for several months. If the hearing officer rules against the
bar, then the bar owners routinely appeal to the full ABC Board. During this entire
time-investigation, hearing before the hearing officer, and the appeal before the ABC
Board-the bar is allowed to continue operating, despite the threat to public safety..
Request:
The General Assembly is requested to enact legislation with the following provisions:
Any locality may file a complaint in the Circuit Court seeking a temporary injunction
preventing an establishment or club within its jurisdiction from serving alcoholic
beverages upon a finding by the local police chief or sheriff that the establishment or club
is a threat to the public safety of the community.
Any Complaint for a temporary injunction filed under this section shall be supported by
an Affidavit of the local police chief or sheriff demonstrating that the establishment or
club has become a place of gathering of persons committing violations of the law so
frequent and serious as to be deemed a threat to public safety. The Affidavit shall be
supported by records of such violations. The Complaint, accompanied by the Affidavit
and attachments, shall be served upon the owner of such establishment or club by
personal service or by posting at the address of the establishment or club. Notice shall
also be provided to the Regional Alcoholic Beverage Control Officer who shall initiate an
inquiry and hearing as to whether the ABC license of the establishment or club should be
revoked.
A hearing shall be held, and evidence taken, by the Court within ten days after service of
the Complaint on the owner of the establishment as provided herein. Upon a finding by
the Court that the establishment or club is a threat to the public safety of the community,
the Court shall enjoin the serving of alcoholic beverages by the establishment or club.
The locality shall not be required to post a bond in order for an injunction under this
section to issue.
If the court grants a temporary injunction, the injunction shall remain in effect until the
Alcoholic Beverage Control Board has entered a final determination regarding the status
of the ABC license. If the court does not grant the temporary injunction, the Alcoholic
Beverage Control Board shall nevertheless continue its inquiry as to the charges alleged
in the Affidavit and make such findings and take such actions as are otherwise provided
by law.
- 32 -
Item v'J.3.
RESOLUTIONS/ORDINANCES
ITEM # 55917
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to A UTHORIZE the City's application for allocation of $1-
Million through the Virginia Department of Transportation (VDOT)
2006-07 Revenue Sharing Program; and, AUTHORIZE the City
Manager to execute all necessary agreements for the Lynnhaven
Parkway Phase IX project's development and construction.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1
2
3
4
A RESOLUTION FOR APPROVAL TO APPLY FOR PROJECT
MATCHING FUNDS UNDER THE VDOT REVENUE SHARING
PROGRAM
5
WHEREAS, the City Council of Virginia Beach desires to
6 submit an application for an allocation of funds of up to
7 $1,000,000 through the Virginia Department of Transportation Fiscal
8 Year 2006-2007 Revenue Sharing Program; and
9 WHEREAS, $1,000,000 of these funds will be requested to
10 augment the funding for the Lynnhaven Parkway-Phase IX project (CIP
11 #2-157).
12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA THAT:
14 1. The City Council hereby supports this application for
15 an allocation of $1,000,000 through the Virginia Department of
16 Transportation Fiscal Year 2006-2007 Revenue Sharing Program.
17
2. The City Manager is hereby authorized to execute on
18 behalf of the City of Virginia Beach all the necessary agreements
19 for project development and construction.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 12th day of December , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Jw}U.2 K ,1ti~
City Attorney's 0 lce
CA10223
v:\applications\citylawprod\cycom32\WpdocS\D029\P001\O0024008.DOC
R-2
November 29, 2006
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- 33 -
Item v'J.4.
RESOLUTIONS/ORDINANCES
ITEM# 55918
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to AUTHORIZE the City Manager to execute a
Memorandum of Agreement (MOA) with Hampton Roads Planning
District Commission (HRPDC) re the Hampton Roads Regional Water
Supply Planning Process.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
[i~.~..'" ..:~,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing And Directing The City Manager To Execute On Behalf
Of The City Of Virginia Beach A Memorandum Of Agreement Pertaining To The
Hampton Roads Regional Water Supply Planning Process
MEETING DATE: December 12,2006
. Background: In the aftermath of the 2001-2003 drought, the Commonwealth of
Virginia enacted legislation and regulations mandating the development of local and/or
regional water supply plans. Local governments are required to prepare a water supply
plan, or participate with other jurisdictions to develop a regional plan, for submittal to the
Department of Environmental Quality (DEQ) by 2008. The Hampton Roads Planning
District Commission (HRPDC) has offered to prepare a regional water supply plan in
cooperation with the jurisdictions in the region, pursuant to a proposed agreement
negotiated by the directors of the area-wide water supply systems.
. Considerations: Program costs will be allocated among the local governments
based upon the locality's share of total regional water connections. Virginia Beach's
cost share is expected to be 27% of the total program cost, or approximately $28,000.
If the City declines to participate, it will have to prepare and submit a water supply plan
of its own, independent of the regional effort.
. Public Information: This item will be advertised as part of the City Council
agenda.
. Alternatives: The alternative to participating in the regional water supply
planning effort is to reject the resolution and not participate. The regional water supply
planning program would go forward, but without the City's participation. This would be
counterproductive, as the water systems in the region are significantly intertwined and
the utilities cooperate on a number of water and wastewater issues that benefit the City.
The Department of Public Utilities has sufficient funding in its reserves for contingencies
to cover the City's share of the cost. If Council approves the resolution, funds will be
transferred accordingly for this expense.
. Recommendations: Adopt resolution authorizing the City Manager to execute
the participation agreement.
. Attachments: Resolution, Summary of Material Terms
Recommended Action: Adoption of Resolution
Submitting Department/Agency: Department of Public Utilities j fV/ c.L. - d - ?Jl -.
City Manager:~ )( , 0() ~ ~~7
1
2
3
4
5
6
7
8
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE ON BEHALF OF THE
CITY OF VIRGINIA BEACH A MEMORANDUM OF
AGREEMENT PERTAINING TO THE HAMPTON ROADS
REGIONAL WATER SUPPLY PLANNING PROCESS
WHEREAS, in the aftermath of the 2001-2003 drought, the
9 Commonwealth of Virginia enacted legislation and regulations
10 mandating the development of local and/or regional water supply
11 plans; and
12
WHEREAS, such legislation and regulations require local
13 governments either to prepare a local water supply plan or to
14 participate with other jurisdictions to develop a regional plan;
15 and
16
WHEREAS, such plans are to be submitted to the Department
17 of Environmental Quality (DEQ) by 2008; and
18
WHEREAS, the Hampton Roads Planning District Commission
19 (HRPDC) has offered to prepare a regional water supply plan in
20 cooperation with the jurisdictions in the region, pursuant to a
21 proposed agreement negotiated by the directors of the area-wide
22 water supply systems; and
23
WHEREAS, program costs will be allocated among the local
24 governments based upon the locality's share of the total number
25 of water connections in the region, with Virginia Beach's share
26
expected to be in the approximate amount of Twenty
Eight
27 Thousand Dollars ($28,000); and
28
WHEREAS, water systems in this region are significantly
29
intertwined,
and
the
various
localities'
Public
Utility
30 Departments cooperate on a number of water and wastewater issues
31 that benefit the City, such that it is in the best interests of
32 the City to join with the other local governments in the region
33 to cooperate in developing a regional water supply plan meeting
34 the requirements of the aforesaid legislation and regulations;
35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37
That the City Manager is hereby authorized and directed to
38 execute, on behalf of the City Of Virginia Beach, a Memorandum
39 of Agreement pertaining to the Hampton Roads Regional Water
40 Supply Planning Process, a summary of the material terms of
41 which is hereto attached and a copy of which is on file in the
42 City Clerk's Office.
43
44
Adopted by the Council of the City of Virginia Beach,
45 virginia, on the 12th
day of December
, 2006.
46
CA-10220
OID/ORDRES/regional water supply MOA res.doc
November 28, 2006
R-1
2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ c!!JlL~;far/
jiJ?
3
Hampton Roads Regional Water Supply Planning Process
Summary of Material Terms
Background:
Legislation adopted by the General Assembly in 2004 and the Water Control
Board's regulations require local governments to develop a water supply plan or
to participate in a regional water supply plan. Plans must be approved by the
Department of Environmental Quality.
Plans must be reviewed at least once every five (5) years and revised at least
once every ten (10) years.
Parties:
Hampton Roads Planning District Commission & all constituent localities.
Basic Premise:
City agrees to participate in a regional water supply planning process that:
. Ensures the long-term availability of a high quality, safe water supply for
the citizens of Hampton Roads; and
. Enables the localities of the Hampton Roads Region to meet local and
regional water supply planning requirements
A final draft Regional Water Supply Plan will be completed by August 2008 and
submitted to all signatory localities for review and approval.
HRPDC Responsibilities:
To facilitate a consensus process leading to the development of the Regional
Water Supply Plan.
Local Government Responsibilities:
To participate and provide agreed upon funding to support the Regional Water
Supply Planning Process.
Cost:
. Based on the proportionate share of total regional water connections and
be subject to annual appropriations from the participating localities. City
cost approximately $28,000.
. Financial support from state and federal agencies to be sought
Duration and Termination:
. Initial term is through December 31, 2011; may be extended by the
parties.
. Each party may withdraw from the Memorandum of Agreement and
develop its own local water supply plan on ten (10) days' written notice.
. May be terminated by majority vote at any time.
Limitation of Liability:
. No liability for damages or penalties caused by or associated with the
failure of any other signatories to discharge its' duties under the
Agreement; no waiver of any defenses or immunities.
. No responsibility for any other locality's compliance with obligations and
requirements mandated under any applicable law, regulation,
administrative order, contract or agreement.
Other Conditions:
. Regional Water Supply Plan will not be submitted to the DEQ unless all
parties agree to the Plan
2
- 34 -
Item v'J.5.
RESOLUTIONS/ORDINANCES
ITEM # 55919
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to AUTHORIZE the Department of Emergency Medical
Services (EMS) to apply for an upgrade to its agency license from an
Emergency Ground Transport Agency to an Emergency Ground
Transport and Air Ambulance Agency.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1
2
3
4
A RESOLUTION TO UPGRADE THE AGENCY
LICENSE OF THE DEPARTMENT OF EMERGENCY
MEDICAL SERVICES TO AIR AMBULANCE
CLASSIFICATION
5
WHEREAS, funding was appropriated by this Council in July
6 of 2006 to cover costs associated with customizing a police
7 helicopter to serve as an air ambulance; and
8
WHEREAS, the Department of Emergency Medical Services'
9 current license limits it to providing only Emergency Ground
10 Transport; and
11 WHEREAS, Virginia EMS Regulations require an ordinance from
12 the local governing jurisdiction to modify the agency license;
13 and
14
WHEREAS, it shall benefit the citizens of Virginia Beach
15 when the Department of EMS can provide Air Ambulance services.
16 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That the Department of EMS shall make application to modify
19 its agency license to include Air Ambulance operations.
20
Adopted by the Council of the City of Virginia Beach,
21
Virginia, on the 12th day of December
, 2006.
lli~JAJ ~
Department of Emergency
Medical Services
APPROVED AS TO LEGAL
SUFFICIENCY:
~ice '
APPROVED AS TO CONTENT:
- 35 -
Item v'J.6a.
RESOLUTIONS/ORDINANCES
ITEM # 55920
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Commonwealth of Virginia Vegetation Control Permit Program:
a. Resolution to A UTHORlZE an Agreement for the delegation of
administration to the City of Virginia Beach.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1 A RESOLUTION APPROVING AN AGREEMENT FOR THE
2 DELEGATION OF ADMINISTRATION OF THE STATE'S
3 VEGETATION CONTROL PERMIT PROGRAM FROM THE
4 COMMONWEALTH TRANSPORTATION COMMISSIONER TO
5 THE CITY OF VIRGINIA BEACH
6
7
8 WHEREAS, Virginia Code Section 33.1-371.1 empowers the
9 Corrunonwealth Transportation Corrunissioner (the "Corrunissioner") to
10 issue vegetation control permits allowing the selective pruning,
11 wi thin highways rights-of-way, of vegetation that obstructs
12 motorists' view of signs displayed on outdoor advertising
13 structures; and
14
WHEREAS,
with
respect
to
highways
within
certain
15
localities,
including the City of Virginia Beach,
the
16 Corrunissioner is required to delegate the administration of the
17 vegetation control permit program to the locality; and
18 WHEREAS, pursuant to Section 33.1-371.1, an applicant for a
19 vegetation control permit has the right to appeal any adverse
20 decision of a locality to the Corrunissioner within ten (10) days
21 of the date of such decision; and
22
WHEREAS, it is the sense of the City Council that it is
23 appropriate for the administration of the vegetation control
24 program for highways within the City of Virginia Beach to be the
25 responsibility of the City;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
27 CITY OF VIRGINIA BEACH, VIRGINIA:
28
1.
That the City of Virginia Beach hereby accepts the
29 delegation of authority from the Corrunonweal th Transportation
30 Commissioner to administer the vegetation control permit
31 program; and
32
2 .
That the City Manager lS hereby authorized and
33 directed to execute, on behalf of the City, the "AGREEMENT
34 BETWEEN THE COMMONWEALTH TRANSPORTATION COMMISSIONER AND THE
35 CITY OF VIRGINIA BEACH, VIRGINIA FOR THE DELEGATION OF
36 ADMINISTRATION OF THE VEGETATION CONTROL PERMIT PROGRAM," a
37 summary of the material terms of which is hereto attached and a
38 copy of which is on file in the City Attorney's Office.
39
40
41
42
Adopted by the City Council of the City of Virginia Beach,
43
Virginia, on the
12th
da y 0 f December
44 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
~j!l/i1~
City Attorney's Office
CA-10225
OID\land use\ordres\vdot delegation agmt res.doc
R-1
December 1, 2006
2
Vegetation Control Permit Program Delegation Agreement
Summary of Material Terms
Background:
Virginia Code Section 33.1-371.1 authorizes the Commonwealth Transportation
Commissioner (Commissioner) to issue vegetation control permits allowing the
selective pruning of trees on highways with the State. In localities such as
Virginia Beach, the Commissioner must delegate that authority to the locality with
respect to roadways with the territorial limits of the locality.
Parties:
Commonwealth Transportation Commissioner and City of Virginia Beach.
Premise:
Commissioner delegates the authority to administer the vegetation control permit
program to the City, and City accepts such delegation.
Term:
Indefinite; parties may terminate by mutual agreement at any time. Plan.
AGREEMENT BETWEEN
THE COMMONWEALTH TRANSPORTATION COMMISSIONER
AND
THE CITY OF VIRGINIA BEACH, VIRGINIA
FOR THE DELEGATION OF ADMINISTRATION OF THE
VEGETATION CONTROL PERMIT PROGRAM
THIS AGREEMENT is made this 12th day of December, 2006, between the
Commonwealth Transportation Commissioner (the "Commissioner") and the City of
Virginia Beach, Virginia (the "City").
WITNESSETH:
WHEREAS, Section 33.1-371.1 of the Code of Virginia (the "Virginia Code"),
sets forth certain requirements for the Commissioner's implementation of the vegetation
control permit program; and
WHEREAS, pursuant to Section 33.1-371.1(4) of the Virginia Code, the
Commissioner shall delegate the administration of Section 33.1-371.1 of the Virginia
Code to a locality where the public right-of-way is within the jurisdictional limits of a
city or town on a highway or street not within the jurisdiction of the Commissioner under
Section 33.1-353 of the Virginia Code, and the locality shall apply the provisions of the
Virginia Code; and
WHEREAS, the City has public right of way within its jurisdictional limits that is
not within the jurisdictional limits of the Commissioner under Section 33.1-353 of the
Virginia Code, and
WHEREAS, the Commissioner desires to delegate to the City, and the City
desires to assume, the administration and implementation of the vegetation control permit
program in accordance with the provisions of Section 33.1-371.1 of the Virginia Code;
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. This Agreement is entered into by authorized representatives of the parties
following approval by the City Council in a public meeting held on December 12,
2006.
2. The Commissioner hereby delegates to the City, and the City hereby accepts from
the Commissioner, the administration and implementation of the vegetation
control permit program in accordance with the provisions of Section 33.1-371.1
of the Virginia Code.
3. This Agreement may be amended or terminated at any time by the written
agreement of the parties.
WITNESS the following signatures and seals:
COMMONWEAL TH TRANSPORTATION COMMISSIONER
David S. Ekern
CITY VIRGINIA BEACH:
ATTEST:
By
City Manager
City Clerk
2
- 36 -
Item v'J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 55921
The following registered in OPPOSITON:
Jessica 0 'Connor, President - Virginia Beach Beautification Commission, 800 Linkhorn Drive,
Phone: 428-3994. $120,000 tax-payer dollars were expended on landscaping this portion of Virginia
Beach Boulevard.
Anne Herrick, 921 Prince Phillip Drive, Phone: 340-3525, President - Council of Garden Clubs
of Virginia Beach (comprised of over 1500 voting members)
Tom Ward, 201 78'h Street, Phone: 482-8949, Past President Virginia Beach Beautification
Commission and former Chair of the Virginia Beach Color Project. Photographs and an alternative
solution were distributed re the Billboard issue. Said information is hereby made a part of the
record.
Nancy Parker, 600 Goldsboro, Phone: 651-4840,former Member of City Council, Member- Virginia
Beach Beautification Commission and Color Project. Six seconds of visibility on an interstate highway
with sixty (60) to seventy (70) miles an hour speed limit do not naturally transfer to an urban setting.
There are many conflicting opportunities for the driver to ignore the billboards. The Commission wished
to promote an option that allows the billboards visibility, as well as preserves the integrity of the
City/street landscaping.
Attorney Robert G. Jones, former Mayor of the City, 128 South Lynnhaven Road, Phone,' 486-0333,
represented the Virginia Beach Beautification Commission and the Virginia Beach Garden Clubs
Stephen Living, 3909 Airline Boulevard, Chesapeake, Virginia, Phone; 409-2725, Watchable
Wildlife Biologist - Virginia Department of Game and Inland Fisheries, encouraged
incorporation of native plants into landscape designs.
Richard Williams, 2604 East Kings Road, Phone: 404-0800, life-long resident of Virginia Beach. Based
on research, the average age of these trees is only eighteen (J 8) years. We are in a community where
the history goes backfour hundred (400) years.
Eileen Ryan Seeley, 3737 Lynnfield Drive, Phone: 463-5959, representing the Little Neck Garden
Club, presented petitions containingfifty-four (54) signatures from the Little Neck Garden Club
members in support of the Council of Garden Clubs of Virginia Beach and the Virginia Beach
Beautification Commission
The following registered in SUPPORT:
Jim Balestino, General Manager - Adams Outdoor Advertising, 5547 East Virginia Beach
Boulevard, Norfolk, Phone: 461-1355
Attorney John G. "Chip" Dicks, 823 East Main Street, Suite 1801 Richmond, Virginia 23219,
Phone: (804) 225-5507, represented Adams Outdoor Advertising
Billy Almond, 242 Mustang Trail Suite 8, Phone: 431-1041, Landscape Architect
December 12, 2006
- 37 -
Item v'J.6.b.
RESOLUTIONS/ORDINANCES
ITEM # 55921 (Continued)
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DENIED:
Commonwealth of Virginia Vegetation Control Permit Program:
b. Ordinance re the application of ADAMS OUTDOOR
ADVERTISING to allow the removal and replacement,
with conditions, of certain vegetation on Virginia
Beach Boulevard
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 38 -
Item v'J. 7.
RESOLUTIONS/ORDINANCES
ITEM # 55922
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a Deed of
Release and Exchange re an Agricultural Lands Preservation
Easement (ARP) re a land change of equal area on property owned by
Edward L Vaughan and previously approved by City Council.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12. 2006
29 WHEREAS, pursuant to Section 11 of the Agricultural Lands
30 Preservation Ordinance (hereinafter ~Ordinance"), a landowner may
31 petition the City Council for the extinguishment of a Preservation
32 Easement in exchange for the conveyance to the City of a Preservation
33 Easement on a different portion of the landowner's property, under
34 certain conditions set forth in the Ordinance; and
35 WHEREAS, the Ordinance provides that the City Council shall approve
36 such an exchange if it makes certain findings enumerated in the
37 Ordinance; and
38 WHEREAS, the City Council does hereby make such findings, to-wit:
39 (1) the acquisition of the proposed Preservation Easement in lieu of
40 the existing Preservation Easement does not adversely affect the City's
41 interests in accomplishing the purposes of the Ordinance;
42 (2) the proposed Preservation Easement areas meet all of the
43 eligibility requirements set forth in Section 7 of the Ordinance;
44 (3) the land to be encumbered by the proposed Preservation Easement is
45 of at least equal fair market value, is of greater value as permanent
46 open space, and of as nearly as feasible equivalent usefulness and
47 location for use as permanent open-space land as the property on which
48 the existing Preservation Easement is located; and
49 (4) the consideration for the acquisition of the new Preservation
50 Easement consists solely of the extinguishment of the existing
51 Preservation Easement.
2
52 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
53 VIRGINIA BEACH:
54 That subject to the determination of the City Attorney that there
55 are no defects in title to the property to be placed under the
56 Preservation Easement or other restrictions or encumbrances thereon
57 which may, in the opinion of the City Attorney, adversely affect the
58 City's interests, the City Manager be, and hereby is, authorized and
59 directed to execute a Deed of Release and Exchange pursuant to which the
60 City releases the existing Preservation Easement on a portion of the
61 property, as shown on the aforesaid surveys, and acquires, in exchange
62 therefore, land equal In area to be placed under the Preservation
63 Easement, as shown on such surveys.
64
Adopted by the City Council of the City of Virginia Beach,
65
Virginia, on this 12th day of DecemhE'T
, 2006.
CA-10119
V :lapplicalionslcitylawprodlcycom321 WpdocslD0031POO 110002 1 358.DOC
R-1
November 28, 2006
APPROVED AS TO CONTENT:
-
APPROVED AS TO LEGAL
SUFFICIENCY:
WaC! ~ IhtuftlW
City At orney's Office
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PROPERTY STANDING IN THE NAME OF
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W.B. 74, PG. 1175
FOR
CITY OF VIRGINIA BEACH
AGRICULTURAL RESERVE PROGRAM
VIRGINIA BEACH, VIRGINIA
Pat too H a r r i s R u s t & Ass 0 cia t e s, lOG
Engineers. Surveyors. Planners. Londscape Architects.
~ 195 Rosemont Rood, Suite 101
+ Virginia Beach, VA 2.3452
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W_B. 74, PG. 1175
FOR
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AGRICULTURAL RESERVE PROGRAM
VIRGINIA BEACH, VIRGINIA
200'
I
Pat ton H a r r i s R u s t & Ass 0 cia t e s, lnc
Engineers. Surveyors. Planners. Landscope Architects.
PrIM 195 Rosemont Road, Suite 101
+ Virginia Beach, VA 23452
T 757.497.7472 F 757.497.0250
IIsoalo: '"=100' II Chocked: WHB II Pro~ No. 14144-1-0
P:\Project\ 14144\ 1-0\Survey\ Work Area \VAUGHAN-EXHIBIT.dwg
- 39 -
Item v'J.8.
RESOLUTIONS/ORDINANCES
ITEM # 55923
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORlZE the acquisition of property in fee simple,
including temporary and permanent easements, at General Booth
Boulevard, Elson Green Avenue and UptonDrive/Sandbridge Road for
the right-ofway for Princess Anne Road, Phase VII, either by
agreement or condemnation
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1 AN ORDINANCE TO AUTHORIZE ACQUISITION
2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
3 WAY FOR PRINCESS ANNE ROAD PHASE VII
4 PROJECT (C.I.P. 2-195) AND THE ACQUISITION
5 OF TEMPORARY AND PERMANENT
6 EASEMENTS, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion ofthe Council of the City of Virginia Beach, Virginia, a public
11 necessity exists for the construction of this important roadway project to reduce traffic congestion
12 and improve transportation within the City and for other related public purposes for the preservation
13 ofthe safety, health, peace, good order, comfort, convenience, and for the welfare ofthe people in
14 the City of Virginia Beach.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
1 7 Section 1. That the City Council authorizes the acquisition by purchase or condemnation
18 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of
19 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and
20 permanent easements (the "Property"), as shown on the acquisition plats for GPIN 2414-14-1532 and
21 2414-13-7942 and, as affecting said properties, as shown on the plans entitled "PRINCESS ANNE
22 ROAD PHASE VII, CIP NO. 2-195," (the "Project") (plats and plans collectively referred to as the
23 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of
24 Virginia Beach, Virginia.
25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners
27 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to
28 institute proceedings to condemn said Property.
29 Adopted by the Council of the City of Virginia Beach, Virginia, on the _i!tJiday of
30 December , 2006.
31
32
33 CA- 10162
34 PREPARED: 11/28/06
35 APPROVED AS TO CONTENT
36
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DEPARTMENT
37
38
39
40
41
42
43
44
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
45
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CITY ATTORNEY ,
46
47
48
49
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- 40-
Item v'J.9.aIb/
RESOLUTIONS/ORDINANCES
ITEM # 55924
The following registered in SUPPORT:
Marlry Strother, 2700 Shirley Landing, Phone: 432-0320, long time resident of Virginia Beach. Mr.
Strother owns a small farm with horses
Susan Niedenthal, 2520 Bellpage, Chesapeake, Phone: 571-9198, involved in the horse industry for
approximately fifty (50) years, teaching riders, training and riding horses, managing barns,
conducting Summer camp programs, and showing horses
Beverly Sizemore, 716 Centerville Turnpike, North, Chesapeake, Phone: 479-1251, employee-
Kempsville Veterinary Hospital, Member - Southeastern Association of Trail Riders and owner
and border of horses for over twenty (20) years
Barry Jackson, Post Office Box 57006,23457, Phone: 620-4917, distributed his statement, which is
hereby made a part of the record. Mr. Jackson holds Life memberships with Virginia and Virginia
Beach Horse Show Associations (Past President), the United States Equestrian Federation and the
United States Hunter Jumper Association
Jan Miller, 921 Beaver Dam Road, Chesapeake, Phone:432-8061, President - Tidewater Horse Council,
raised, trained and given lessons on horses for more than thirty-five (35) years
Jackie K. Roland, 1056 Princess Anne Road, Phone: 721-0415, recently retired 31-year City of Virginia
Beach employee and member of the Tidewater Horse Council
Dana Miller, 1101 Woodcock Lane, Phone: 285-0293, riding horses since the age of six.
Kim Vaughan, Post Office Box 7116, Phone: 536-7688, Trainer/ Show Horses, owner and operator of
Kim's Farrier Service involving trimming and shoeing horses. Ms. Vaughan has ridden her horse with
the Southeastern Association of Trail Riders and in the Neptune Festival Park Parade the last two
years
Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, President of Virginia Horse Council (umbrella
organization for all horse owner organizations in the Commonwealth of Virginia), owner of Horse
farm in Pungo, member of the Virginia Horse Industry Board, former Chair of the Legislative Trail
Ride and President - Back Bay/Pungo Civic League. The largest single agricultural aspect in Virginia
Beach is the horse industry. There are 3,000 horses in Virginia Beach.
Nancy Lindsey, 236 Benson Lane, Phone: 717-3290 - General Manager - Old Dominion Carriage
Company, member of Carriage Operators of North America, Tidewater Horse Council, and 4-H Red
Baron Riders. Ms. Lindsey is also a Volunteer and Rehabilitator with Wildlife Response and Portsmouth
Humane Shelter. The bun bags on the horses are emptied each and every time. The maximum load on the
Carriage would befour (4) adults and two (2) children.
December 12, 2006
- 41 -
Item v'J.9.a/b/
RESOLUTIONS/ORDINANCES
ITEM # 55924 (Continued)
The following registered in OPPOSITION:
Jackie Vergerio, 501 Front Street, Norfolk, Phone: 962-8285, Animal and Entertainment specialist-
PETA (People for the Ethical Treatment of Animals). Ms. Vergerio displayed photos depicting the
Negative face of the horse carriage industry.
Jennifer Woods, 3133 Hunters Chase, Phone: 635-0866, advised "this is only a clever way to attract
Tourists to the Resort during the slow season ".
Jennie Martin, 413 Putnam Road, Phone: 497-7331, requested alternatives be reviewed that do not
exploit animals
Deborah Edwards, 3836 Croonenbergh, Phone: 404-4407, Virginia Beach resident for twenty-five years.
Coleen 0 'Brien, 827 Cannonade, Phone: 721-3482, advised weather conditions can sometimes prove
fatal for working horses.
Sara Chenoweth, 2314 Sandol/ar Court, Phone: 618-0600.
Susan Eaves, 505 Benlea Court, Phone: 858-6543 expressed concern re enough qualified employees of
the Old Virginia Carriage Company and accommodations to handicapped visitors
Hannah Schein, 127 Hidalgo Drive - Hampton, Phone: 805-2767, read an excerptfrom correspondence
to the Virginia Beach City Council by Elizabeth Forel, Director - Coalition to Ban Horse-Drawn
Carriages in New York City. Said letter is hereby made a part of the record.
Teresa Chagrin, 306 North Street, Portsmouth, Phone: 399-3750
Desiree Achel/a, 1811 Hampton Boulevard, Norfolk, Phone: 630-2257, read correspondence from Sara
Whalen, Director - Pets Alive. Said letter is hereby made a part of the record
Christy Griffin, 826 Princess Anne Road, Norfolk, Phone: 305-7019
Stephanie Corrigan, 1043 Brandon, Norfolk, Phone: 389-2439. Virginia Beach has so many things to
offer.
Laura Yanne, 2225 B Beech Street, Phone: (781) 771-2405, expressed concerns re the unpredictability
of the animals and the circumstances which could easily affect their behavior.
Caleb Wheeldon, 1043 Brandon Avenue, Norfolk, expressed concern re the possibility of neglect and
abuse of horses
Nicole Barrera, 2857 East Meadow Drive, Chesapeake, Phone: 483-2979, urged other viable, profitable
means of entertaining tourists without having to resort to placing animals at risk of injury, abuse
and neglect.
December 12, 2006
- 42-
Item v'J.9.a/b/
RESOLUTIONS/ORDINANCES
ITEM # 55924 (Continued)
The following registered in OPPOSITION (Continued):
Wendy Barrera, 2857 East Meadow Drive, Chesapeake, Phone: 483-2979
Erin Edwards, 1049 Gates Avenue, Phone: 622-5936, Norfolk, read correspondence from Holly Cheever,
a world-renowned equine veterinarian, encouraging banning of horse and carriage rides. Said
correspondence is hereby made a part of the record.
Dr. Alaka Chandra, 1040 Spotswood Avenue, #205 (Norfolk), Phone: 622-2470
Peter Wood, Cruelty Case Worker - PETA, displayed a large photograph of Nickels, a carriage horse,
who suffered and died for the entertainment of others
Ann Marie Dori, 2143 Pier Pointe Place, Phone: 469-5424, resident of Virginia Beachfor over two (2)
years.
Yvonne Minor-Harvey, 36012 Burns Court, Phone: 615-9596, resident of 23 years, member of PETA and
several animal advocate agencies
Patti Tillotso, 749 Maury Avenue, Apartment #1, Norfolk, Phone: 213-8711, stated horses do not have
any business in the noisy city amid potentially extereme weather conditions
Jaume' Rivell, 1802 Sheringham, Phone: 412-2114, displayed photograph of a horse which collapsed
while pulling a carriage.
Tim Enstice and two (2) daughters, 1431 Chickadee Lane, Phone: 491-0131, resident of the Redwing
neighborhood and frequent visitors to the Oceanfront
Heidi Parker, Antictam Court, Phone: 962-8522
Jayne San tell-Fearn, 4406 East Honeygrove Court, Phone: 226-8695
Cal Schiemann, Agricultural Extension Agent of Virginia Tech, advised having a Bachelor of Science in
Animal Science from Virginia Tech, a Master's Degree in Animal Science Livestock Management from
Oregon State University and two (2) additional years of graduate study of Research and Livestock
Genetics. Mr. Schiemann will be a member of the Oversight Committee to inspect the animals involved in
this Franchise.
Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised, based on a series of
discussions with the SPCA, two (2) additional attachments with the proposed Franchise will be
requested for approval: Horse and Carriage Franchise Operating Standard and the Carriage
Operators of North America Guidelines and Standards of Operation. Ms. Lindsey's organization is
already a member and meets these standards. This information has been incorporated into the
contract.
December 12,2006
- 43 -
Item v'J.9.aIb/
RESOLUTIONS/ORDINANCES
ITEM # 55924 (Continued)
Council Lady Henley requested a Briefing be provided to City Council during the time this Franchise
operates.
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, AS the
Applicant AGREED WITH STAFF, Ordinances to AUTHORIZE the City Manager to issue Franchise
Agreements to Old Virginia Carriage Co., LLC,jrom November 15, 2006 to April 15, 2007, re:
a.
Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b.
Horse-drawn carriage rides on the Boardwalk
Voting:
9-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan and Mayor Meyera E. Oberndorf,
Council Members Absent:
None
December 12, 2006
Requested by Councilmember Diezel
1
2
3
4
5
6
AN ORDINANCE GRANTING A FRANCHISE TO OLD
VIRGINIA CARRIAGE CO., LLC TO CONDUCT
GUIDED HORSE TOURS ON THE SAND BEACH
BETWEEN RUDEE INLET AND 42ND STREET
WHEREAS, the City staff has solicited proposals for the
7 operation of guided horse tours on the sand beach between Rudee
8 Inlet and 42nd street between the dates of November 15, 2006 and
9 April 15, 2007 (the initial term) with the possibility of
10 extending the right to operate for up to four (4) additional
11 terms;
12
WHEREAS, the City staff has reviewed all proposals and has
13 made a recommendation to the City Council that a franchise be
14 awarded to Old Virginia Carriage Co., LLC; and
15 WHEREAS, the City Council agrees with the recommendation of
16 the City staff and finds that the award of a franchise to Old
17 Virginia Carriage Co., LLC will promote the public interest and
18 will serve to enhance the festive atmosphere at the oceanfront.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
1.
That a franchise is hereby granted to Old Virginia
22 Carriage Co., LLC to operate guided horse tours on the sand
23 beach between Rudee Inlet and 42nd Street.
24
2. That the grant of the franchise is subject to the terms
25 of the Franchise Agreement which has been presented to the City
26 Council and the terms of the Invitation to Bid which were
27 disseminated for this proposal.
28
3.
That the City Manager or his designee is authorized to
29 executed the Franchise Agreement which lS hereby approved.
30
31
Adopted by the Council of the City of Virginia Beach,
32
Virginia on the ~ day of
December
, 2006.
Approved as to Content
Approved as to Legal Sufficiency:
~~
Convention and Visitors
Bureau
CA10200
v:\applications\citylawprod\cycorn32\Wpdocs\D030\P001\O0022815.DOC
November 28, 2006
R-2
2
GUIDED HORSE TOURS
Summary of Contract Terms
Franchisee: Old Virginia Carriage Co., LLC
Nature of Franchise: Guided horseback rides on sand beach between Rudee Inlet and 42nd
Street.
Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both
parties, the Agreement may be extended for up to four (4) additional terms, each running from
November 15 to April 15 ofthe next year.
Franchise Fee: $2,500 for the initial term. If the Agreement is extended for additional
terms, the parties must agree to a new fee and state the fee in a separate writing before November
1 of the year of the new term.
Non Exclusive Franchise:
The City is authorized to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
. Appropriate training of operators
. Walking pace for horses
. Limit of nine (9) horses on a tour
. City must review and approve an operating plan which recognizes different experience
levels of riders
. Horses must have appropriate ability, training and demeanor
. Helmets required
. Bun Bags to be used
. Manure collected and disposed
. Horses to be rabies free and have negative Coggins certifications
. Temporary corral
. No unloading on Boardwalk
. Equipment to be in good condition
. No solicitations on public property
. Operator must be employee of Franchisee and operator must be with tour patrons at all
times
. Employees to wear attire which identifies the tour operation
. No advertisement other than the name of the operation and the fee and location of the
tour station shall be placed on the property
Hold Harmless:
Franchise indemnifies and holds harmless the City for loss and liability.
Insurance:
$2,000,000 combined single limits
Termination: City may terminate Agreement for reason of Franchisee's failure to
comply with the terms of the Agreement.
Requested by Councilmember Diezel
1
2
3
4
AN ORDINANCE GRANTING A FRANCHISE TO OLD
VIRGINIA CARRIAGE CO., LLC TO CONDUCT A HORSE
CARRIAGE RIDE ON THE BOARDWALK
5
WHEREAS, the City staff has solicited proposals for the
6
operation of horse-drawn carriage rides on the Boardwalk
7
between the dates of November 15, 2006 and April 15, 2007 (the
8
initial term) with the possibility of extending the right to
9
operate for up to four (4) additional termSi
10
WHEREAS, the City staff has reviewed all proposals and
11
has made recommendation to the City Council that a franchise
12
be awarded to Old Virginia Carriage Co., LLCi and,
13
WHEREAS, the City Council agrees with the recommendation
14
of the City staff and finds that the award of a franchise to
15
Old Virginia Carriage Co., LLC will promote the public
16
interest and will serve to enhance the festive atmosphere at
17
the oceanfront.
18
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19
OF VIRGINIA BEACH, VIRGINIA:
20
1.
That a franchise is hereby granted to Old Virginia
21
Carriage Co., LLC to operate a horse carriage ride operation
22
on the Boardwalk at the oceanfront.
23
2 .
That the grant of the franchise is subject to the
24
terms of the Franchise Agreement which has been presented to
25
the City Council and the terms of the Invitation to Bid which
26
were disseminated for this proposal.
1
Adopted by the Council of the City of Virginia Beach,
27
28
29
Virginia,
on the 13th day of December
, 2006.
Approved as to Content:
'uZ
Convention & Visitor Bureau
Approved as to Legal Sufficiency:
CAI0199
V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00022816.DOC
November 28, 2006
R-2
2
HORSE CARRIAGE RIDES
Summary of Contract Terms
Franchisee: Old Virginia Carriage Co., LLC
Nature of Franchise: To conduct horse carriage rides on the Boardwalk.
Term: Initial term is November 15,2006 through April15, 2007. By agreement of both
parties, the Agreement may be extended for up to four (4) additional terms, each running from
November 15 to Apri115 of the next year.
Franchise Fee: $1,500 for the initial term. If the Agreement is extended for additional terms, the
parties must agree to a new fee and state the fee in a separate writing before November 1 of the
year of the new term.
Non Exclusive Franchise:
The City is authorized to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
. Appropriate training of operators
. Good condition of equipment
. Walking pace for horses
. Limit of two (2) carriages on Boardwalk at any time
. Rubber shoes on horses
. Safety equipment
. Bun Bags on horses
. Horses to be rabies free and have negative Coggins certifications
. Temporary corral
. No unloading from trailers on Boardwalk
. Operator must be employee of Franchisee and be present with patrons at all times
. Employees to wear attire which identifies the tour operation
. No advertisement other than the name of the operation and the fee and location of the
tour station shall be placed on the property
Hold Harmless:
Franchisee indemnifies and holds harmless the City for loss and liability.
Insurance:
$2,000,000 combined single limits
Termination: City may terminate Agreement for reason of Franchisee's failure to
comply with the terms of the Agreement.
Carriage Operators of North America
Page 1 of6
Appendix A
CARRIAGE OPERATORS OF NORTH AMERICA
GUIDELINES AND STANDARDS OF OPERATION
Adopted March 1, 1991
Revised February 26,2003
Carriage Operators of North America maintains that facilities, businesses and individuals striving to follow
these Guidelines and Standards will promote a safer and more humane environment for horse-drawn carriage
activities. By establishing these Guidelines and Standards, CONA does not mean to suggest that these are the
only ways in which to promote safety. Nor does CONA suggest or infer that those who do not follow these
Guidelines and Standards engage in unsafe practices.
In addition, CONA makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy
of the information contained in these Guidelines and Standards. CONA cannot guarantee that adherence to
these Guidelines and Standards will guarantee no accidents, injuries, or litigation. These Guidelines and
Standards are intended to assist businesses and/or individuals in developing an individualized program
designed to promote safety and humane treatment of carriage animals.
I. Definitions
II. Horse and Carriage Company Owners
III. Equipment
IV. Carriage Stands, Client Pick Up Locations, and Staging Areas
V. Care and Shelter of Horses
VI. Harness
VII. Weather Conditions
VIII. Feeding
IX. Stables and Stalls
X. Horse Drawn Carriage Driver Qualifications
XI. Conduct of Drivers
Preface
It is well known that horse drawn operations attract both tourists and residents of any city in
which they work. They are highly visible, image oriented businesses that help cities and
towns promote a good image. Because of this high visibility, carriage operations are
constantly under scrutiny and this scrutiny soon becomes legislation. CONA, an
organization that promotes the safe use of horses and horse drawn vehicles on the streets of
America, has developed these Guidelines and Standards of Operation with the welfare and
safety of the horse, the passengers, the operators and the general public in mind. They have
also been developed to allow the carriage operator enough latitude to run a quality operation
of which the city or town where the operator works can be proud.
I. Definitions: The following terms shall have the following meanings:
1. "Carriage", means any device in or upon which any person is or may be
transported or drawn, designed to be or capable of being drawn by a
file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006
Carriage Operators of North America
Page 2 of6
horse or horses.
2. "Horse", means any animal of the genus equus.
3. "Person", means an individual, partnership, corporation, association or
other legal entity.
4. "Stable", means any place, establishment or facility where one or more
horses are housed and maintained.
5. "Veterinarian", means a person licensed to practice veterinary medicine.
6. "Work". A horse is considered working when it is out of the stable and at
its carriage stand, place where it regularly picks up passengers or place of
hire. Work ends when the horse leaves its stand or place of hire to go to
the stable.
7. "New driver", is a person that, prior to hire, has never been licensed for or
driven for a commercial horse drawn carriage company.
II. Horse and Carriage Company Owners
A. Each carriage company should have written permission, permits, or a
business license as required for the area in which it works.
B. Owners should have prior experience and qualifications, which
enable them to properly and humanely operate a horse drawn carriage
business.
C. Each carriage company should carry liability insurance, whether or
not required by local or state ordinance.
D. Each carriage company should maintain an emergency procedure and
protocol package including the telephone number where the owner or
manager may be contacted in case of an emergency.
III. Equipment
Each vehicle should be equipped with electric turn signals or
emergency flashing lights, taillights and front lights which are visible
for a distance of 500 feet. (Variance allowed if an automobile with
emergency flashers follows the carriage and if appropriate, leads the
carriage. )
A. No company should use a carriage not equipped with brakes.
(Variance allowed for vintage carriages using appropriate harness.)
B. Each carriage should be equipped with a slow moving vehicle
emblem to be attached to the rear of the vehicle whenever there is a
reasonable possibility that the vehicle could encounter automotive
traffic on roadways.
C. Carriages should be properly lubricated and wheels should spin
freely.
D. Carriages used on public property should be equipped with a device
to catch horse manure and prevent it from falling on the pavement.
Missed droppings should be cleaned up at the end of each shift.
E. Each carriage should be maintained in a reasonably safe and sanitary
condition.
F. No horse drawn carriage should carry more passengers than it was
originally designed to carry.
G. No one other than the driver, a company employee, or apprentice
should sit in the driver's seat.
H. Each company should conduct regular safety inspections of its
vehicles.
I. No vehicle should be allowed into service that has lights, brakes or
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Carriage Operators of North America
Page 3 of6
other safety features that are inoperable. If lights become faulty during
use, a car with emergency flashers on should follow and, if
appropriate, lead the carriage until it can be safely removed from
traffic.
J. Carriages should be equipped with fifth wheel or cut under turning
mechanisms on the front axle. (Variance allowed for vintage
carriages. )
K. Each company is encouraged to use reflective material wherever
appropriate on carriages, harness and horse.
L. Radio equipped carriages are encouraged. Cell phone equipped
carriages should keep incoming call rings low.
IV. Carriage Stands, Client Pick Up Locations, and Staging Areas
Carriage companies should keep carriage stands/usage areas
reasonably clean and free of manure and urine at all times. Urine
should be diluted with water or water with disinfectant as it occurs.
A. Water for the horses should be maintained in full view at all times if
the horse will be working from that location for more than l-~ hours.
B. Stand signage should include rates and hours of operation. Equine
Activity Liability Act warning signs should be posted as may be
required under applicable state law.
C. Stands should be limited to parking only horse drawn vehicles to
prohibit other vehicles from parking there.
D. Stand site should be reasonably safe, have good footing, lighting and
space for horses, carriages, and the public, preferably free of
automotive traffic.
V. Care and Shelter of Horses
No horse should be used to draw a carriage unless the animal is in
good health and the following standards are met:
1. The horse should not have open sores or wounds, nor should such horse be noticeably
lame or have any other ailments, unless the driver has
in the driver's possession a written statement by a
veterinarian that the horse is fit for such work,
notwithstanding such condition.
2. The hooves of the horse while working on pavement, brick, concrete or other like hard
surfaces should be properly shod utilizing rubber or
elastomer shoes or pads to prevent concussion injuries.
Borium tip shoes can be utilized to help prevent
slipping. Metal shoes can be used on the rear legs of
the horse, if the horse's hooves will not accommodate
the use of rubber pads there.
3. The horse should be properly and appropriately groomed.
4. The horse should have adequate flesh and tone.
5. Horses should be kept in a working condition.
F. Every horse in use by a horse drawn carriage company should have a certificate of
serviceability for specified carriage work, signed by the examining
veterinarian on an annual basis.
G. Horses should be de-wormed regularly.
H. Horses should be vaccinated under the direction of a veterinarian for appropriate
file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/2812006
Carriage Operators of North America
Page 4 of6
diseases and risk factors of the area.
I. Horses used to pull carriages should have water made available to them during their
work period if their work period is in excess of 1 'l2 hours.
J. Horses should not work more than eight consecutive hours, or ten hours with a 1 'l2 hour
break, disconnected from the carriage, in a 24-hour period.
K. Horses should not work more than six days in a seven-day period.
L. Horses should not be worked with equipment causing an impairment of vision, other
than normal blinders.
M. Horses drawing a carriage should not be worked at a speed faster than a slow trot
N. Horses should not be subject to any cruel or harassing treatment.
O. Carriage horses should not be sold or disposed of except in a humane manner.
VI. Harness
Horses should not be worked with harness or bits that are not safe and humane.
A. The harness should be oiled and cleaned so as to be appropriately in reasonable
condition.
B. Harness, bridles, bits and padding should be properly fitted and kept in reasonably clean
and good repair.
C. The harness should be kept reasonably free of makeshifts like wire, rope, and rusty
chain.
VII. Weather Conditions
Owners and drivers should use caution when working horses in adverse weather
conditions such as snow, ice, heavy rain, and other slippery or
reduced visibility situations.
A. Companies and drivers should work horses only when reasonably safe weather
conditions exist. When the sum ofthe Fahrenheit temperature and the
humidity is equal to 150, caution should be used. At a total of 180,
care steps should be taken for the prevention of heat stress.
B. Companies and drivers should work horses only when reasonably safe weather
conditions exist. Special attention and discretion should be used
during periods of high humidity, extreme cold and wind chill. Proper
shoes should be used during icy conditions.
C. Horses should be properly acclimated to the weather environment they will be working
in, including special shoeing for conditions known to be icy.
VIII. Feeding
Horses should receive adequate and substantial feed daily, which is free from
contamination. The feed should be sufficient quantity, nutritive value,
and frequency to meet normal daily requirements for the condition,
special needs, environmental factors and size of the animal so as to
maintain a healthy flesh.
A. Clean drinking water should be available to an off duty horse at all times.
B. Off duty horses should have access to salt in block or loose form.
IX. Stables and Stalls
Stables used for housing horses should be well lighted and ventilated and provide
protection from the weather. Stables should be kept clean and in good
repair and manure should be removed daily. Any enclosure where
horses are kept should be graded and raked to keep the surface
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Carriage Operators of North America
Page 5 of6
reasonably dry.
A. Foot hazards and sharp surfaces should not be permitted in any area or building where
they may come in contact with the animals.
B. Roofs should be kept free of leaks that drain into areas where animals are kept.
C. Box stalls should be large enough for the horse to lie down and turn around.
D. Tie stalls should be a minimum width and length to allow the horse to safely lie down.
E. Horses that are not worked at least every other day or not turned out daily should not be
kept in tie stalls.
F. Stalling spaces should be bedded or have a specialized surface as to keep animals cl~
dry and free of concussion, abrasion or pressure points.
G. A pest control program should be used to control flies and other insects.
H. Feed should be kept free of contamination.
I. Interior and exterior areas of the stable should be kept reasonably clean, properly
drained and free of nuisances including, but not limited to
unreasonable and excessive odors and unreasonable accumulation of
refuse and excrement.
1. There should be no smoking at any time in stables.
K. Cities and other municipalities should make every effort to allow stables within a
walking distance of carriage stands for the health and well being of
the horse.
L. Equine Activity Liability Act warning signs should be posted in stables where
applicable under state law.
X. Horse Drawn Carriage Driver Qualifications
Each driver should have a valid motor vehicle driver license and social security card or
work visa.
A. Each driver should be at least 18 years of age.
B. Each driver should be free of alcohol and drug addiction.
C. Each driver should demonstrate his or her ability to drive, inspect and care for the horse
and equipment.
D. Carriage company owners and managers should have a practical exam to give to drivers
which they should successfully complete. The driver should
demonstrate proficiency in grooming the horse, cleaning the harness
and padding, fitting the bridle, bit and harness to the horse, hitching
the horse to the carriage and driving the carriage upon the city streets
in a safe and humane fashion.
E. New drivers should be required to complete a thorough driver training program,
administered by the company or another qualified professional, and to
serve as an apprentice. New drivers should be required to ride with a
seasoned driver for at least 24 hours to observe the proper handling
and driving of a horse drawn carriage and the methods of handling
emergency situations or unexpected animal behavior. The new driver
should drive a carriage under supervision of a seasoned driver for at
least 16 hours of apprenticeship.
XI. Conduct of Drivers
Each driver should have his or her valid state issued driver's license in his or her
possession while operating a carriage.
A. The driver should obey all traffic laws and regulations of the city and state.
B. Drivers should not operate a carriage while under the influence of alcohol or narcotic
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Carriage Operators of North America
Page 60f6
drugs.
C. No person should drink alcohol while such person is operating a horse drawn vehicle.
D. For optimum safety and control of the horse and carriage, drivers should be prohibited
from smoking, eating or wearing of headphones while the carriage is
in motion.
E. Drivers of each carriage during travel :from sunset until sunrise, and at all other times as
conditions of poor visibility exist, should cause the :front and tail
lights of the carriage to be in operation.
F. Drivers should not permit the speed at which any horse drawn carriage is driven to
exceed a slow trot.
G. No driver should abandon his carriage, permit another to drive for him or her, except an
apprentice, or permit any passenger to ride on the driver's seat.
H. Drivers should not permit more passengers in a carriage than it has been designed for.
I. No passenger should be permitted to stand or ride on any part of the carriage while in
motion, except seated inside the carriage. Drivers should take all
necessary precautions to prohibit such activity. All passengers should
be seated except when loading or unloading.
J. Drivers should at all times be responsible for the proper and humane care and treatment
of the horse under his or her direct supervision and control.
K. Drivers should at all times be dressed neatly and cleanly, with an appropriate costume or
uniform preferred.
L. Drivers should be in the driver's seat and have driving lines in hand, and foot firmly on
the brake before loading or unloading passengers.
M. No one should unbridle a horse while the horse is connected to any horse drawn vehicle.
N. Drivers should regularly offer water to working horses.
file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/2812006
Horse and Carriage Franchise
Operating Standards
The following operating standards are hereby a part of the Franchise Agreement
for Guided Horse Riding Tours on the Beach and the Franchise Agreement for Horse
Carriage Rides on the Boardwalk.
1. All operators, drivers, stable hands, veterinarians and others who are employed by the
franchisee, shall sign a statement indicating that they have never been convicted of
animal neglect or cruelty.
2. The franchisee's veterinarian will certify the fitness of all horses. Such cetification
will be filed with the city at least semi annual basis, filing that certificate with the City so
that it will be a part of a public record.
3. All complaints of any nature, along with all veterinary records, will be available for
public review.
4. A committee comprised of representatives of the Virginia Beach Animal Control
Bureau, Virginia Beach Police Department Mounted Patrol, Department of Agriculture
and Resort Management Office will conduct random inspections of the operation, health
of the animals and boarding conditions for compliance with these Operating Standards
and standards outlined in the franchise agreement.
5. A waste management plan for the Bike Path, Boardwalk and Beach will be filed by
the franchisee as part of the agreement
6. Horses used for guided tours will not be used for carriage rides tour, or vice versa,
during a 24 hour period.
7. All complaints of potential animal health or animal cruelty issues will be forwarded to
the Resort Management Office for investigation by the inspection committee comprised
of representatives from Animal Control, Dept of Agriculture, Police and the Resort
Management Office. Depending on the severity of the complaint, a veterinarian report
may be required at the franchisee expense. A written response to the complaint will be
made within 14 days.
- 44-
Item V,J.I0 aIb/
RESOLUTIONS/ORDINANCES
ITEM # 55925
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances to TRANSFER:
a. $421,810from the Lynnhaven XI project to the Buckner Boulevard Extended
project and AUTHORIZE the City Manager to execute a Cost Participation
Agreement with Baymark Construction Corporation, Colonial Self
Storage and Public Storage re the extension of Buckner Boulevard.
b. $350,000 from Reserve for Contingencies to the Department of Economic
Development's FY 2006-07 operating budget re continued operating costs for
the Tournament Players Club (TPC) GolfVourse through March 31,2007.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
1 AN ORDINANCE TO TRANSFER $421,810 TO CIP #2-
2 073, BUCKNER BOULEVARD EXTENDED, TO FUND THE
3 CITY'S PORTION OF A COST-PARTICIPATION
4 AGREEMENT AND AUTHORIZE THE CITY MANAGER TO
5 EXECUTE THE AGREEMENT FOR THE EXTENSION OF
6 BUCKNER BOULEVARD
7
8
9 WHEREAS, the City is seeking to enter into an agreement
10 with Baymark Construction Corporation, Colonial Self Storage, and
11 Public Storage for constructing the extension of Buckner Boulevard
12 to connect with Shipps Corner Road, with the City to pay its
13 proportionate share; and
14
WHEREAS, an additional $421,810 is needed to fully fund
15 the City's portion of the project costs.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
(1) That $421,810 from CIP #2-167, Lynnhaven Parkway-
19 Phase XI, is hereby transferred to CIP #2-073, Buckner Boulevard
20 Extended, to fund the City's portion of a cost-participation
21 agreement.
22
(2) That the City Manager is hereby authorized to
23 execute a cost-participation agreement for the extension of Buckner
24 Boulevard in form and substance acceptable to the City Manager and
25 the City Attorney.
26 Adopted by the Council of the City of Virginia Beach,
27
Virginia, on the 12th day of December
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
, /~ t K~fM.
City Attorney's 0 ice
CA10221
V;\applications\citylawprod\cycom32\Wpdocs\D028\P001\O0023953.DOC
R-2
November 29, 2006
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8
AN ORDINANCE TO TRANSFER $350,000 FROM
RESERVE FOR CONTINGENCIES TO THE
DEPARTMENT OF ECONOMIC DEVELOPMENT'S FY
2006-07 OPERATING BUDGET FOR OPERATING
COSTS ASSOCIATED WITH THE TPC GOLF
COURSE
WHEREAS, the Tournament Players Club of Virginia Beach,
9 L. L. C. ("TPC L. L. C.") has a contractual obligation to operate
10 the TPC course through December 29, 2006; and
11
WHEREAS, arrangements for the future operation of the
12 course beyond December 29, 2006 have not been finalized; and
13
WHEREAS, after December 29, 2006, the course will be owned
14 by the Virginia Beach Development Authority ("VBDA"); and
15
WHEREAS, TPC L. L. C. has agreed to continue operations of
16
the
course
through March 31,
2007,
subject
to
certain
17 contractual payments from the VBDA.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
1.
That the City Council hereby requests the VBDA to
21 extend the management agreement between TPC L.L.C. and the VBDA
22 for the operation of the TPC course through March 31, 2007,
23 consistent with the summary of terms attached hereto.
24
2.
That $350,000 is hereby transferred from Reserve for
25 Contingencies to the Department of Economic Development's FY
26 2006-07 Operating Budget for costs associated with the Virginia
27 Beach Development Authority's agreement with TPC for the
28 continued operation of the TPC golf course through March 31,
29 2007.
30
Adopted by the Council of the City of Virginia Beach,
31 Virginia on the
12th day of Decemhpr
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
I .
'- ) a if)'l( E'. I( ~~l iA~,- _
City Attorney'sJOffice
CA10229
V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\OO024566.DOC
R-4
December 7, 2006
TPC INTERIM MANAGEMENT AGREEMENT
SUMMARY OF TERMS
Commencement date: December 29, 2006.
Initial Term: December 29,2006 to March 31, 2007.
Renewal Term: One (1) thirty (30) day renewal at the option of the VBDA
Manaaement Fee: None.
Standards: Facility will be operated and maintained as a Tournament Players
Club.
Expense of operation: To be borne by VBDA/City of Virginia Beach, including
a license fee to be payable to PGA TOUR, Inc. in the amount of $1 O,OOO/month.
Total expenses for the term of this agreement will not exceed $350,000.
Revenue: Payable to VBDA/City of Virginia Beach, except for revenues from
sale of exempt property as defined in the Lease Termination Agreement, which
revenues shall belong to operator.
- 45-
Item V,J.ll
RESOLUTIONS/ORDINANCES
ITEM # 55926
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to suspend increases in health insurance premiums for
Retirees.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
SECOND REVISED VERSION
Requested by Councilmember Harry Diezel
A RESOLUTION TO SUSPEND INCREASES IN
HEALTH INSURANCE PREMIUMS FOR RETIREES
1
WHEREAS,
In
1992,
City Council~ adopted a
resolution
2 authorizing City staff to provide health care coverage to
3 certain retirees with the same coverage as that provided to City
4 employees; and
5
WHEREAS, City Council has been made aware of a proposal to
6 increase the premiums paid by retirees for such coverage,
7 effective January 1, 2007; and
8
WHEREAS, City Council believes that it should specifically
9 authorize any difference in health care benefits and premiums for
10 retireesi and
11
WHEREAS, on October 24, 2006, City Council created the
12
Employee Benefits Task Force
(the
"Tas k Force")
to make
13 recommendations to City Council regarding retiree benefits; and
14
WHEREAS, the ordinance provided that the Task Force shall
15 provide a report to City Council no later than February 1, 2007;
16 and
17
WHEREAS, an analysis of that report would aid City Council
18 In determining whether premium increases are appropriate;
19
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
1.
That the planed increase In retiree health insurance
22 premiums shall be suspended until July 1, 2007 or until such
23 time as Council directs by subsequent ordinance or resolution.
24 Until that time, health care premiums paid by City retirees
25 shall remain at the 2006 rates.
26
2.
That $217,000 lS hereby transferred from the reserve
27 for contingencies-salary to the health lnsurance fund.
28
Adopted by the Council of the City of Virginia Beach,
29
Virginia on the 12th day of December
, 2006.
Approved as to Legal Sufficiency:
~~btLc~ r
City Attorney's Office
CA10231
v:\applications\citylawprod\cycom32\WpdocS\D019\P001\
December 12, 2006
R4
- 46-
Item V-K.
PLANNING
ITEM # 55927
1. EDWARD A., JR. and KATHLEEN T. KRUPIEL
2. CINGULAR WIRELESS
3. DISCIPLESHIP TABERNACLE
4. BECO DEVELOPMENT, L.L.C.
5. OCEAN PROPERTIES, L.L.C.
6. DEEP BLUE MARINE, L.L.C.
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
MODIFICATION OF CONDITIONS
Re Conditional Use Permit
(approved: 10/25/2005)
December 12, 2006
- 47-
Item V-K.
PLANNING
ITEM # 55928
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 2
(DEFERRED), 3, and 6 of the PLANNING BY CONSENT AGENDA.
Item 2 was DEFERRED BY CONSENT, until the City Council Session of January 9, 2007.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 48-
Item V-K.1.
PLANNING
ITEM # 55929
Attorney James Lam, 2425 George Mason Drive, Suite 209, Courthouse Commons Building 7, Phone:
427-3348, represented the applicants and requested the application be referred back to the Planning
Commission. Attorney Lam advised he was unable to represent the Kurpiel 's, as he was in Circuit Court
during the last Planning Commission Hearing of this application. The applicant will pay for the
readvertisement.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council REFERRED
BACK TO THE PLANNING COMMISSION application of EDWARD A., JR. and KATHLEEN T.
KURPIELfor a Variance to $ 4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re
subdividing an existing lot into two lots.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Edward A.
Kurpiel, Jr. and Kathleen T Kurpiel. Property is located at 2184
Princess Anne Road (GPIN 2414059787). DISTRICT 7 - PRINCESS
ANNE
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 49-
Item V-K.2.
PLANNING
ITEM # 55930
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of January 9, 2007, Ordinance upon application of CINGULAR WIRELESS for a
Conditional Use Permit re a communications tower.
ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR
A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER
Ordinance upon application of Cingular Wireless for a Conditional Use
Permit for a communications tower on property located at 5638
Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 -
KEMPSVILLE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12,2006
- 50-
Item V-K.3.
PLANNING
ITEM # 55931
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of DISCIPLESHIP TABERNACLE for a Conditional Use Permit re a
church:
ORDINANCE UPON APPLICATION OF DISCIPLESHIP
TABERNACLE FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R0120634198
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Discipleship Tabernacle for a
Conditional Use Permit for a church on property located at 3540
Holland Road (GPIN 1486741011). DISTRICT 3 -ROSE HALL
The following conditions shall be required:
1. No signagefor the church adjacent to any public right-of-way shall be allowed
2. All necessary alteration permits and a Certificate of Occupancy for the change of use from
the Department of Planning/Permits and Inspections Division shall be obtained before
occupancy and use of the buildingfor a church
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 51 -
Item V-K.4.
PLANNING
ITEM # 55932
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant and advised the following BECO Development
representatives were in attendance: Eric G. Olson, Managing Member, Jeff Miller - Director of
Development and Lynn Rhodes, Director - Asset Management and Manager of the proposed Project.
The proposal is for high quality, moderately priced senior housing on this 4-acre site, known as College
Square Senior Apartments. The application will consist of two (2) residential buildings of 4-stories), as
well as a club house and swimming pool. The total number of units will be one hundred forty-four
(144), seventy-two (72) of which will be one-bedroom units, each comprising 772 square feet, the
other seventy-two (72) units will contain approximately 1,161 squarefeet. Attorney Bourdon
distributed sketches of various floor plans and a phamplet concerning Alexander Heights, a BECO
Development in Fredericksburg. Said information is hereby made a part of the record. Information
relative a similar application of RH Builders for Senior Housing in the Bayside District (this facility was
a larger 5-story building).
Robert Scott, Director of Planning, advised the staff was concerned re the mass and size of the building.
There are single-family dwellings to the south across Providence Road that will face the "mass" of the
building. This application will benefit through additional work concerning the design to fit better with
the surroundings.
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council DEFERRED until
the City Council Session of January 23, 2007, Ordinances upon application of BECO EVELOPMENT,
L.L. C. for a Conditional Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT,
1.1. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO CONDITIONAL A-36
Ordinance upon application of Beco Development, L.L. C. for a Change
of Zoning District Classification from B-2 Community Business District
to Conditional A-36 Apartment District on property located at 6226
Providence Road (GPIN 1456335185). DISTRICT 1- CENTERVILLE
AND,
ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT,
L.L.C. FOR A CONDITIONAL USE PERMIT FOR SENIOR HOUSING
Ordinance upon application of Beco Development, 1.1. C. for a
Conditional Use Permit for senior housing on property located at 6226
Providence Road (GPIN 1456335185). DISTRICT 1- CENTERVILLE
This deferral will enable the applicant to address the concerns of staff.
December 12, 2006
- 52 -
Item V-K.4.
PLANNING ITEM # 55932 (Continued)
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 53 -
Item V-.K.5
PLANNING
ITEM # 55933
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, distributed correspondence from the Alexandria
Civic League in support of the application. Said letter is hereby made a part of the record. A traffic
Impact study has been completed and submitted to the staff. Issues involving the length of the turn lanes
into the facility and signalization will be addressed during site plan review.
Councilman Villanueva referenced that of the twelve (12) Virginia Department of Transportation
projects, only three (3) will be funded This particular Lynnhaven Parkway segment has been further
delayed. This application needs to be reviewed with the total transportation system.
Phillip Davenport, Interim Public Works Director, advised two (2) phases of Lynnhaven Parkway are
close to this project: one phase immediately adjacent, running back to Volvo Parkway at the Chesapeake
City Line, is under construction and scheduled for completion in May 2007; Lynnhaven Parkway Phase
XI, on the other side of Centerville Turnpike, has $4-Million in funding, and the balance of the funding is
beyond the 6-year program of the VDOT schedule. Centerville Turnpike (2-lane) is an unfunded project
still identified as a City project and is in the "requested but not funded" lists of projects. Centerville
Turnpike, in this area, operates at approximately a service level "C". Traffic moves fairly smoothly and
even with this project, with the addition of approximately 5,500 vehicles per day, with traffic
signalization, there will probably be no impact on the level of service.
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council ADOPTED an
Ordinance upon application of OCEAN PROPERTIES, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO CONDITIONAL B-4 Z012061271
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ocean Properties, L.L. C. for a Change of
Zoning District Classification from B-2 Community Business District to
Conditional B-4 Mixed Use District on property located at the northwest
intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs
1454980202; 1454983391). DISTRICT 1- CENTERVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
December 12, 2006
- 54 -
Item V-K.5
PLANNING
ITEM # 55933 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two
Thousand Six
Voting: 10-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
December 12, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6539
DATE: November 30,2006
FROM:
Leslie L. Lilley "'-
C\~~.y
B. Kay Wilso~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Ocean Properties
The above-referenced conditional zoning application is scheduled to be heard by the
~ City Council on December 12, 2006. I have reviewed the subject proffer agreement, dated
June 28,2006 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/als
Enclosure
cc: Kathleen Hassen
-~
PREPARED BY:
~m SYn:s. ROURDON.
~~ 4HfRN &. 1M. F.e.
OCEAN PROPERTIES, L.L.C., a Virginia limited liability company
LILLEL FARMS, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of June, 2006, by and between OCEAN
PROPERTIES L.L.C., a Virginia limited liability company, Grantor, party of the first part;
LILLEL FARMS, INC., a Virginia corporation, Grantor, party of the second part; and THE
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain parcel of
property located in the Centerville District of the City of Virginia Beach, containing
approximately 13.33 acres and described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the party of the first part, being the contract purchaser of the Property
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 B-2 Community Business District to Conditional B-4 Mixed Use District;
and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 1454-98-0202
1454-98-3391
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantors' proposed rezoning, 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 resolve the situation
to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have 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 with respect to the Property, 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 Grantors, their successors, personal representatives,
assigns, grantees, 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 with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner
Centerville Tnpk.jLynnhaven Pkwy. Virginia Beach, VA", dated 5/31/06, prepared by MSA,
P.C., which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan").
2. When the mixed use buildings and residential buildings depicted on the
Concept Plan are developed, they will be in substantial compliance with the Mixed Use
PREPARED BY: Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the
~ SYKfS. t}ommON. exterior of the buildings shall be substantially similar in architectural features, details and
61 MlIRN &. uvy, P.c.
appearance to the exhibits entitled, (1) "SIGNATURE BUILDING RENDERING", (2)
2
"SIGNATURE BUILDING ELEVATIONS", (3) "RESIDENTIAL BUILDING ELEVATIONS",
(4) "MIXED USE BUILDING ELEVATIONS", and (5) "RESIDENTIAL LOFT BLDG.
ELEVATIONS", "THE CASCADES AT WOODS CORNER, A Mixed Use Village for Virginia
Beach", prepared by RDA, which have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning (hereinafter "Cascades
Renderings") .
3. Further conditions may be required by the Grantee during detailed Site Plan
and/ or Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
All references hereinabove to the B-2 and B-4 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors 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 if 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
Virginia 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 Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
PREPARED BY: vested with all necessary authority, on behalf of the governing body of the City of Virginia
SY1CJ;S, IlOURDON. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
. - Al-JERN &. lEVY. P.c.
including the authority (a) to order, in writing, that any noncompliance with such
3
PREPARED BY:
~m syn:s. ROURDON.
rw- -tHrnN & lM. P.C
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(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 provisions, the Grantors 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 of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
4
PREPARED BY:
~.m SYKfS. ROURDON.
m~ "-YfRN &. n:vy. P.C
WITNESS the following signature and seal:
GRANTOR:
Ocean Properties, L.L.C., a Virginia limited liability
company
n .
By: vCt\.uJ. () ~/v^.0-~
David Terry, Mana~ng Member
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 3rd day of July, 2006, by
David Terry, Managing Member of Ocean Properties, L.L.C., a Virginia limited liability
company, Grantor. 1/
4. / I '//1(1/[ I/O
vU' . / /1/ t-tJ -rr-f:-/
Notary Public
My Commission Expires: 81-3 ( /o&-
( I
5
PREPARED BY,
~.m SYI([S. ROURDON.
~.1fII billmN 8: LM. P.c.
WITNESS the following signature and seal:
GRANTOR:
Lillel Farms, Inc., a Virginia corporation
By: 4 ). A~~..A 6) ,~/Cr./ (SEAL)
T. I /J '
It e: f./,~---"
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
., vc:1
The for~going_ instr~.~ent was acknowled~~d bef~re-;- me this ~) .- day of July,
2006, by LL, Beep J( tQOO , t1~E9 (XJ{ I of Lillel
Farms, Inc., a Virginia corporation, Grantor.
/~ /(; 11..,-, IJ - ~ i
C:~[XP ( J!;j/Jc U5JJ!J!/L/
Notary Public
C .. E' ~j h8 (').()/D
My ommlSSlon xplres: c::::r1~ F
I
I
I
6
PREPARED BY:
(;!IB SYI(fS. IlOURDON.
mJl AHERN Ii Lm. P.C
EXHIBIT "A"
Parcell:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as "PARCEL 49-469 ACRES", as
shown on that certain plat entitled "SUBDIVISION OF PROPERlY OF ALEX C. AND
VIRGINIA S. BROWN, FEBRUARY 20, 1985, KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA", which plat was made by Talbot & Associates, Ltd., recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2433, at Pages 260 and
261.
GPIN: 1454-98-3391
Parcel 2:
ALL THAT certain tract, piece or parcel of land situate, lying and being in the Centerville
District of the City of Virginia Beach, Virginia, together with all appurtenances thereunto
belonging, being designated as "Residual Parcel" and depicted on that certain plat entitled
"RESUBDIVISION OF PROPERlY OF LILLEL FARMS, INC., Lynnhaven Parkway and
Monument Drive, formerly Kempsville Borough, Virginia Beach, Virginia", 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 271, at Pages 65 and 66.
GPIN: 1454-98-0202
ConditionaIRezone/OceanProperties/CascadesatWoodsCorner /Proffer
7
- 55 -
Item V-K.6.
PLANNING
ITEM # 55934
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED Conditions
upon application of DEEP BLUE MARINE, L.L.C. for a Conditional Use Permit (approved by City
Council on October 25,2005) re landscape plantings and site improvements.
ORDINANCE UPON APPLICATION OF DEEP BLUE MARINE, L.L.c.
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL
USE PERMIT (APPROVED BY CITY COUNCIL ON OCTOBER 25,
2005)
Ordinance upon application of Deep Blue Marine, L.L. C. for a
Modification of Conditions on property located at 3716 Shore Drive
(GPINs 1489494148; 1489494067). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. All conditions, with the exception of Number 1 and 2(b,) attached to the Conditional Use
Permit granted by the City Council October 25, 2005, shall remain in affect.
2. Condition Number 1 and 2(b) of the October 25,2005, Conditional Use Permit are deleted.
Condition 1 is replaced with the following:
The site shall be developed as depicted on the revised plan entitled, "Revised Planting
Plan and Exhibit, Deep Blue Marine Sales & Service, LLC, " dated August 28, 2006,
prepared by WPL, with the exception of the boat display area, which must be paved with
an all weather surface, not including gravel.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
ft.":'"':',;....' *tr'-'
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1IIIifL~~ ..'e"'....;=: __'>-.... ,'~'"
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SHORE DRIVE
!'......~..
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......l.~.,::-~':"- ~", 7......~ '" "', ~'T"'""'"t'h
Ill'\. lSa." rL\:\ 11:\G '1..':\ &; [:\JII.n
DEEP BLUE MARISE SALES & SERVICES. LLC
"........... 'if....
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- 56 -
Item v'L.I.
APPOINTMENTS
ITEM # 55935
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS::
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
December 12, 2006
- 57 -
Item v'L.2.
APPOINTMENTS
ITEM # 55936
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Juanita G. Felton
Unexpired term thru 6/30/10
ARTS AND HUMANITIES COMMISSION
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 58 -
Item v'L.3.
APPOINTMENTS
ITEM # 55937
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Diana G. Ruche/man
3- year term
01/01/07 -12/31/09
COMMUNITY SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12,2006
- 59 -
Item v'L.4.
APPOINTMENTS
ITEM # 55938
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Councilman William R. DeSteph - Council Representative
Councilman Harry E. Diezel - Council Representative
C. Paulette Braithwaite - City Employee Representative
Norrie Hoff-Business Professional Representative
Glen Huff-Business Professional Representative
Kerry C. Jordan - Private Sector Representative
Paul Lanteigne - Public Safety Representative
William Lechler - Business Professional Representative
Robert Schleh - General Benefits Representative
Susan Walston - City Staff Representative
EMPLOYEE BENEFITS TASK FORCE
City Council scheduled the Committee make their report on April 3, 2007, after which the Committee will
be dissolved
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12,2006
- 60-
Item v'L.5.
APPOINTMENTS
ITEM # 55939
Upon NOMINATION by Vice Mayor Jones, City Council
REAPPOINTED:
Sanford M. Cohen
Mayor Meyera E. Oberndorf
1 year term
01/01/07 -12/31/07
APPOINTED:
Stephen R. Romine
David A. Bradley
1 year term
01/01/07 -12/31/07
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (BREDA)
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 61 -
Item v'L.6.
APPOINTMENTS
ITEM # 55940
Upon NOMINATION by Vice Mayor Jones, City Council
REAPPOINTED:
Janice P. Anderson - Beach District
Katherine K. Katsias - Lynnhaven District
4-year term
01/01/07 -12/31/10
PLANNING COMMISSION
APPOINTED:
David S. Redmond - Bayside District
Donald H. Horsley - Princess Anne District
4 year term
1/1/07 -12/31/10
PLANNING COMMISSION
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12,2006
- 62-
Item v,L. 7.
APPOINTMENTS
ITEM # 55941
Upon NOMINATION by Council Lady Wilson, City Council APPOINTED:
Barry D. Knight - At Large
Unexpired term thru 12/31/07
PLANNING COMMISSION
Voting: 10-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M Henley
Council Members Absent:
None
December 12, 2006
- 63 -
Item v'L.8.
APPOINTMENTS
ITEM # 55942
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Robert M. Beardsworth, PhD
Unexpired term thru 6/30/08
SOCIAL SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 64-
Item v'L.9.
APPOINTMENTS
ITEM # 55943
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Jeffrey R. Gordon
No Term
THE OLD BEACH DESIGN REVIEW
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2006
- 65 -
Item V-D.
ADJOURNMENT
ITEM # 55944
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:05 P.M.
(J~__ti_~__~-1~~_
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 12, 2006