The URL can be used to link to this page

AUGUST 26, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL Ai',1 YOR MliYERA Ii OBERNDORF, A/-Large f'f( F MA YOR LOUiS R. JONES, Bayslde - !Jis/rIc/ .J W/I.UAM R. !JeS7JiPH, At-Large ff.1RRY E. DfliZIiI" KempSVille - Dis/rIct 2 Ii( iBI.R7' M DYHR.. ('enlervllle - Dlst"c/1 B.,RBARA Ai. HI.NU,T, Prmass Anne l>tst"ct 7 II/:BA S. Me( 'iANAN. Rose Hall- /!istrict 3 .I<iHN E UHRIN, Beach !JISI"cI6 R! iN A ViUANU/iVA, At-I.arge litiS/iMARY WiLSON, At-I.arge .1.'.\1FS L WOOD, f.vnnhaven -Dls/"ct 5 CITY COUNCIL AGENDA ( 'lIY MANAGER - JAMES K SPORE C/lY A1TORNt;Y - UiSLIE L LILLEY ('/I Y ASSESSOR - JERAUJ BANAGAN C'IIY A[I{)f7'OR- I,YNDONS. REMIAS ('/; Y ('UiRK - RUTH HODGES FRASER, MMC 26 AUGUST 2008 I. CITY COUNCIL'S BRIEFING -Conference Room - A. COMMUNITY LEGISLATIVE AGENDA Draft Robert Matthias, Assistant to the City Manager II. CITY MANAGER'S BRIEFING ('fTY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncf@vbgov.com 1 :30 PM A. VML "GO GREEN" CHALLENGE Clay Bernick, Coordinator, Environmental Management Center - Planning m. COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim Blanchard Pastor, Rivers of Living Waters 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 August 12, 2008 G. MAYOR'S PRESENTATION 1. VIRGINIA BEACH 911 REACCREDITATION Craig Hartley, Deputy Executive Director Commission on Accreditation for Law Enforcement Agencies H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement-3380 Indian Creek Road 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and EST ABLISH a Reserve re fuel/energy increases and tax relief for the elderly and disabled. 2. Resolution to ESTABLISH Mid-Atlantic Regional Ambulance, Inc. and AUTHORIZE an annual EMS permit re private ambulance service. 3. Ordinances to ACCEPT and APPROPRIATE: a. a Grant from the Virginia Wireless E-911 Services Board re a Telecommunicator Job Task Analysis. b. a monetary donation from SCG International, LLC re ultrasonic weapons cleaning equipment for the Police. 4. Ordinance to TRANSFER funds to the Virginia Aquarium- Phase II, re Seal holding pools. L. PLANNING 1. Petition of BRUCE AND ELIZABETH HEDLUND for a Variance to the Subdivision Ordinance re subdividing their property for an additional family home at 5711 Lancelot Drive. DISTRICT 2 - KEMPSVILLE APPLICANTS REQUEST WITHDRA W AL 2. Application of DANNY COLLIER for a Conditional Use Permit re automotive sales, service and storage at 1605 Pleasure House Road. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL 3. Application of CYPRESS CREEK, L.L.c. for a Conditional Use Permit re a riding academy, horses for hire or board and commercial kennel at 1628 Mill Landing Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA TION APPROV AL 4. Application of the BUDDHIST EDUCATION CENTER OF AMERICA, INC. for a Modification of Conditions to extend compliance re a religious facility (approved by City Council on August 28,2007) at 4177 West Neck Road DISTRICT 7 - PRINCESS ANNE Staff RECOMMENDATION Planning Commission RECOMMENDATION APPROV AL DENIAL 5. Application ofLEONILO O. GLORIA for a Modification of Condition No.5 re a sign for the senior and disabled housing (approved by City Council on February 22,2005) at 1236 Kempsville Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 6. Applications of the City of Virginia Beach: a. Ordinance to AMEND Section 108 of the City Zoning Ordinance (CZO) re posting of signs giving notice of certain zoning applications. RECOMMENDA TION APPROV AL b. Ordinance to AMEND the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, (deferred by City Council on July 8, 2008). RECOMMENDA TION APPROV AL c. Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance, re inclusion of water surface area of a swimming pool in the calculation of impervious cover. Staff RECOMMENDATION Planning Commission RECOMMENDATION APPROVAL DENIAL M. APPOINTMENTS AGRICUL TURAL ADVISORY COMMISSION BEACHES AND W A TERW A YS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. SCHEDULE re City Council Sessions of November 4 and 11, 2008 P. ADJOURNMENT Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School District # 1 - Centerville 7:00 - 9:00 PM September 18, 2008 Fairfield Elementary School District #2 - Kempsville 7:00 - 9:00 PM September 22,2008 Red Mill Elementary School District #7 - Princess Anne 7:00 - 9:00 PM September 29,2008 Creeds Elementary District #7 - Princess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School District #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center District #3 - Rose Hall 7:00 - 9:00 PM District #6 - Beach October 9,2008 White Oaks Elementary District #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center District #6 - Beach 7:00 - 9:00 PM October 16, 2008 Association for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment District #6 - Beach October 20, 2008 Princess Anne High School District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 23,2008 Bayside Recreation Center District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM Agenda 8/26/08 afb www vbgov com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 26, 2008 Mayor Meyera E. Oberndorf called to order the City Council Session for the CITY COUNCIL'S BRIEFING re the "draft" COMMUNITY LEGISLATIVE AGENDA in the City Council Conference Room, City Hall, on Tuesday, August 26,2008, at 1:45 P.M Council Members Present: 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: William R. "Bill" DeSteph [Out of the City re afamily matter) Harry E. Diezel [Entered 3: 1 0 P.M - previous Appointment) Robert M Dyer [Entered: 2:00 P.M) August 26, 2008 - 2 - MA YOR'S COMMENTS ITEM # 57923 Mayor Oberndorf advised Councilman Diezel had a previous appointment and will be late. Councilman DeSteph is out of the City on a family matter. ITEM # 57924 The Mayor welcomed Zeljana Manojlovic, Senior at Princess Anne High School.. Zeljana is taking advanced placement Government, which requires two (2) political service hours. Zeljana decided to attend a City Council meeting. August 26, 2008 - 3 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 1 :45 P.M Robert Matthias, Assistant to the City Manager. introduced the Draft 2009 Community Legislative Agenda. 2009 COMMUNITY LEGISLATIVE AGENDA City of Virginia Beach Table of Contents TABLE OF CONTENTS- PREFACE- CITY OF VIRGINIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES- 1. Arrest or Issuance of a Summons by an Officer on Observations of a Different Officer Authorizationfor an Officer Other than the Arresting Officer to Obtain Warrant in DUI Cases Based on the Arresting Officer's Observations DUI Cost Recovery Program Required Crash Reports Energy Conservation CSA Administrative Allocation Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income Weapons in Public Buildings Allow VRS to Administer the Other Post Employee Benefits (OPEB) Trust Automatic Enrollment for New Employees into the City's Deferred Compensation Program Do Not Refund Employer Paid Contributions Job-Related Disability Retirement: Alternative Eligibility Guidelines Retirement Benefits for Involuntary Separation Four Year State Supported College in Virginia Beach Capture of Sales Tax from Tourism Related Venue Smoke Free Restaurants Expansion of the Virginia Human Rights Act 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. CITY OF VIRGINIA BEACH FUNDING ITEMS- 1. 2. 3. Virginia Aquarium & Marine Science Center-Ocean in Motion Aquarium Truck Support for Regional Plan for Geropsychiatric Services Support for Additional State General Fund Dollars for Mental Health and Mental Retardation Fundingfor Public Health Services Virginia Beach Convention Center Funding Sandler Center for the Performing Arts 4. 5, 6. Page # 1 2-3 4-19 4-5 5-7 7-8 8 9 9 10 10-11 11 11-12 12-13 13-15 15-18 18 18 19 19 20-21 22-23 23 24 24-25 25-26 August 26. 2008 - 4 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) The 2009 Session of the General Assembly will take place during the second year of the Commonwealth's adopted biennium budget; eight months before the statewide elections for Governor, Lieutenant Governor, Attorney General and all 100 House seats. Despite the impending election, there are important issues that should be addressed. Foremost among these is transportation. When City Council adopted the Legislative Agenda for the 2008 Session of the General Assembly, the assumption was that the regional transportation funding issues for the six major projects had been addressed through House Bill 3202 of the 2007 Session. City Council had also requested that the State address the statewide funding issues for matching of federal dollars for transportation and funding of urban road projects and highway maintenance. With the decision by the State's Supreme Court finding most of House Bill 3202 unconstitutional and the General Assembly's failure to address transportation either during the regular Session or the Special Session, the City Council reaffirms its desire that this basic public service be addressed adequately and expeditiously. To put the funding issue in perspective, in 1985 the City received approximately $6-MILLION a year in urban funding. That increased to almost $30-MILLION in 2004 and now because of the lack of General Assembly action, will be reduced to less than $/0- MILLION per year in the current six year plan. With the growth in the transportation system and the impact of inflation taken into consideration, it is clear the state funding for transportation is hopelessly inadequate. Furthermore, without the General Assembly addressing the regional needs for the six, and now seven major projects including the Hampton Roads Bridge Tunnel, none of those key projects have moved forward. This means that Route 460, the Southeastern Parkway and Greenbelt, and 1-64 on the Peninsula and Souths ide, as well as the Hampton Roads Third Crossing and the Hampton Roads Bridge Tunnel may have to be removed from the regional long range Transportation Plan because that Plan must be fiscally constrained by Federal law and regulations. The City Council has consistently requested the General Assembly provide $275-MILLION a year in ongoing funding through General Assembly action, as well as the ability to toll the major projects. It is likely another $40-5-MILLION a year will be needed to supplement the tolls and the Hampton Roads Bridge Tunnel. Furthermore, a major increase in transportation funding to address the shortfall in maintenance funding and to fund the statewide funding program that provides money for urban, secondary and primary roads, as well as transit, should and must be provided. Education at the K-12 level is a partnership between the Commonwealth and local governments. During the 2008 session of the General Assembly, there was a move to fundamentally upset that partnership by reducing future appropriations to local governments as a result of changing the current standards of quality (SOQ's) and what is included in those standards. The City of Virginia Beach spends almost $200- MILLION in local tax dollars above what is required to meet the standards of quality. This provides an education for our children to compete in the worldwide market place. Members of the General Assembly label these efforts local aspirations and do not think, for instance, that teacher salary increases given by the Virginia Beach School Board above and beyond that funded by the General Assembly should be part of the cost sharing between the Commonwealth and local government. Furthermore, during a recent meeting of the Joint Legislative Audit and Review Commission (JLARC), it was obvious that at least one member of JLARC, who is also a member of the House Appropriations Committee, wants to cut state funding for the employer share of social security benefits given to teachers. This would be a significant decrease in state funding to education. The General Assembly should fully fund the true cost of the Standards of Quality (SOQ's), rather than considering reducing its share of education funding. August 26, 2008 - 5 - C I T Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) Finally, the City Council repeats its request that the State fully fund the true cost of traditional state current government service, court corrections, mental health, public health, etc. Local governments, for years, have been paying a larger share of these State responsibilities in order to retain employees and provide services to our citizens. The Commonwealth needs to realize that it is under funding these important and basic efforts. 1. ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON OBSERVA TlONS OF A DIFFERENT OFFICER Chief A.M. Jacocks Department of Police J 19.2-81. Arrest without warrant authorized in certain cases - The following officers shall have the powers of arrest as provided in this section: 1. Members of the State Police force of the Commonwealth 2, Sheriffs of the various counties and cities, and their Deputies 3. Members of any county police force of any duly constituted police force of any city or town 4. The Commissioner, members and employees of the Marine Resources Commission be granted the power of arrest pursuant to J 28.2-900 5. Regular Game Wardens appointed pursuant to J 29,1-200 6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant and petty officers authorized under J 29.1-205 to make arrests 7. The special policemen of the counties as provided by J 15.2-1737, provided such officers are in uniform, or displaying a badge of office Such officers may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed afelony not in his presence 2. A UTHORIZA TION FOR AN OFFICER OTHER THAN THE ARRESTING OFFICER TO OBTAIN A WARRANT IN DUI CASES BASED ON THE ARRESTING OFFICER'S OBSERVA TIONS Chief A.M. Jacocks Department of Police The City requests a legislative change that would enable a police officer to stop and arrest an intoxicated driver and transfer that arrest to another police officer. This change would allow supervisors and specialized officers, such as K-9 and SWAT officers, to remain available. The arresting officer or supervisor would still appear in court to testify. This recommended change is similar to the modification that was made several years ago to allow marine police officers to transfer a boater under the influence violation to another police officer. August 26, 2008 I, I III - 6 - C I T Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) Request: ~ 19.2-81. Arrest without warrant authorized in certain cases. The following officers shall have the powers of arrest as provided in this section: 1. Members of the State Police force of the Commonwealth 2. Sheriffs of the various counties and cities, and their Dputies 3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth 4. The Commissioner. members and employees of the Marine Resources Commission granted the power of arrest pursuant to ~ 28.2-900 5. Regular conservation police officers appointed pursuant to ~ 29.1-200 6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under ~ 29.1-205 to make arrests 7. The special Police of the counties as provided by ~ 15,2-1737. provided such officers are in uniform, or displaying a badge of office 8. Conservation officers appointed pursuant to ~ 10.1-115 Such officers may arrest. without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed afelony not in his presence. Any such officer may arrest without a warrant any person whom the officer has probable cause to suspect of operating in his presence either a vehicle while intoxicated in violation of 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or a watercraft or motor boat (i) while intoxicated in violation of subsection B of ~ 29.1-738 or (ii) in violation of an order issued pursuant to ~ 29.1-738.4,; in his prcscnce, and may thereafter transfer custody of the person suspected of the violation to another officer. who may obtain a warrant based upon statements made to him by the arresting officer. Any such officer may, at the scene of any accident involving a motor vehicle. watercraft as defined in ~ 29.1-712 or motorboat. or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. In addition, such officer may, within three hours of the occurrence of any such accident involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while intoxicated in violation of ~ 18.2-266. 18,2- 266.1. 46.2-341.24. 18.2-272. or a substantially similar ordinance of any county. city. or town in the Commonwealth. August 26, 2008 - 7 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 3. DUI COST RECOVERY PROGRAM Chief A.M. Jacocks Department of Police This change would clarify that the DUI cost recovery program applies to all DUI arrests. The Attorney General has issued an opinion that the current statute only applies in cases involving an accident. Request: 9 15.2-1716. Reimbursement of expenses incurred in responding to DUI incidents and other traffic incidents. A. Any locality may provide by ordinance that a person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing or in a separate civil action to the locality or to any responding volunteer fire or rescue squad. or both, for reasonable expenses incurred by the locality for respel'ldil'lg law enforcement, fire fighting, rescue and emergency services, including by the Sheriff's office of such locality, or by any volunteer fire or rescue squad. or by any combination of the foregoing, when providing an appropriate emergency response to any accident, incident related to such violation or the arrest of the individual for such violation: 1. The provisions of 9 18.2-51.4. 18.2-266. 18.2-266.1. 29.1-738. 29.1-738.02. 18.2-272 or a similar ordinance, when such operation of a motor vehicle. engine. train or watercraft while so impaired is the proximate cause of the accident or incident 2. The provisions of Article 7 (9 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to reckless driving. when such reckless driving is the proximate cause of the accident or incident 3. The provisions of Article 1 (9 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and 4. The provisions of 9 46.2-894 relating to improperly leaving the scene of an accident B. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000 in the aggregate for a particular accident or incident occurring in such locality. In determining the "reasonable expenses," a locality may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred. As used in this section. "appropriate emergency response" includes all costs of providing law-enforcement. fire-fighting. rescue and emergency medical services. The court may order as restitution the reasonable expenses incurred by the locality for responding law enforcement. fire-fighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the locality or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. August 26, 2008 - 8 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 4. REQUIRED CRASH REPORTS Chief A.M. Jacocks Department of Police Background Information: State Code ~ 46.2-373 requires law enforcement officers to submit an accident report if total damage to all involved vehicles exceeds $1,000. This dollar amount was set approximately 10 years ago and is much too low based on the current cost to repair vehicles. If this amount is raised to $2,500, it would greatly reduce the amount of paperwork necessary at minor accident scenes, reduce the burden on the courts in their attempt to determine fault and reduce the time officers spend investigating minor accidents. Request: ~ 46.2-373. Report by law-enforcement officer investigating accident. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $-J-()OO $2500 or more, either at the time of and at the scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty jour hours after completing the investigation, forward a written report of the accident to the Department. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved in the accident. 5. Energy Conservation Bob Matthias Assistant to the City Manager Office of the City Manager Background Information: This is a placeholder for a possible issue still being researched by staff. Staff is investigating what authority local governments, including Virginia Beach, have to allow density credits for energy efficient buildings, in addition to whether localities have any ability to require more energy conservation in buildings constructed. We are also examining whether the State can allow tax rebates or credits, both at the state and local level, for those who build energy efficient buildings. Finally, the Commonwealth's Climate Change Commission is meeting next week as a part of a series of meetings. We are following that Commission to see what recommendations may come for both statewide enabling legislation, as well as enabling legislation for localities. August 26, 2008 I I - 9 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 6. CSA ADMINISTRA T/VE ALLOCA TION Bob Morin Department Director Department of H "man Services Background Information; The funding formula to carry out the provisions of the Comprehensive Services Act defines the formula for local administrative costs based upon pool allocations from 1997. The maximum allocation any locality can receive for administrative costs is $50,000. This amount has not increased in the past 8 years, despite continuing increases in the oversight responsibilities of CSA. FY 07 expenditures for CSA in Virginia Beach were $10,838,856, which required a supplemental request of additional state and local dollars. For FY 08, the CSA allocation is $11,771,757. Covering additional administrative costs on top of the local share of any supplemental request for child-specific services is an undue hardship. Request: The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of Virginia to eliminate the maximum administrative allocation of $50,000 in order to improve localities' ability to meet the administrative requirements of the CSA and to permit a maximum amount equal to 2% of the allocation to be usedfor administrative costs. 7. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Bob Morin Department Director Department of H "man Services Background Information: Under current Virginia law, the local Department of Social Services must discontinue Medicaid to a foster care child between the ages of 19 and 21 if the foster child earns more than $208.33 in gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of their medical expenses, and they also need to have the opportunity to earn income beyond the current limitations. This law appears to be in direct conflict with the "independent living" program for foster children, which was designed to assist children in foster care aged 16-21 in becoming self-sufficient. Achieving the goal of self-sufficiency must include the opportunity for youth to earn income that will prepare them for survival in an independent living situation. August 26,2008 - 10- C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) Request: The City requests that the General Assembly amend Title 32.1 of the Code of Virginia to allow foster children between the ages of 19-21 to be exempt from the income limitation, thus allowing them to remain eligible for Medicaid. This would give older foster children the opportunity to earn the income necessary to achieve the goal of self-sufficiency. 8. WEAPONS IN PUBLIC BUILDINGS Bob Morin Department Director Department of Human Services Background Information: The General Assembly passed legislation in 2003 (codified at Virginia Code f 15.2-915) which prevents localities from prohibiting or restricting the carrying of weapons into City buildings. As a result, the City may no longer prohibit people from bringing firearms into facilities run by Mental Health. Mental Retardation and Substance Abuse Services and Social Services. Request: The City requests that the General Assembly amend the Code of Virginia to authorize localities to prohibit firearms, pellet guns, air guns or other weapons on the premises offacilities operated by Mental Health, Mental Retardation and Substance Abuse Services and Social Services, except when in the possession of licensed security personnel or law enforcement officers. 9. ALLOW VRS TO ADMINISTER THE OTHER POST EMPLOYEE BENEFITS (OPEB) TRUST Patti Phillips Department Director Department of Finance Background Information: The 2007 General Assembly adopted SB789 which allows localities, school divisions, and certain political subdivisions to establish local trusts to fund post employment benefits other than pensions (OP EB). The original bill included the option of having The Virginia Retirement Service (VRS) set up an OPEB trust for localities, but this provision was stricken upon final passage. VRS was amenable to taking on this task. It is still a good idea for VRS to take on this role so that the trusts can be professionally managed. Patricia Phillips, Director of Finance, advised this is handled through the Virginia Municipal League (VML) / Virginia Association of Counties (VA CO) pool, not VRS. Request: Amend the Code of Virginia by adding Chapter 15 of Title 15.2, an article numbered 8, consisting of H 15.2-1544 through 15.2-1549 to include the establishment and management of a pooled OPEB Trust Fund for localities by VRS. August 26, 2008 - 11 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 10. AUTOMATIC ENROLLMENT FOR NEW EMPLOYEES INTO THE CITY'S DEFERRED COMPENSATION PROGRAM Patti Phillips Department Director Department of Finance Background Information State law only allows state governmental employers to automatically enroll new employees into their Deferred Compensation Program. It would be beneficial for the City of Virginia Beach and other Virginia localities to also have this option as it further encourages employees to save for retirement. Request Amend the Code of Virginia to allow Virginia Beach and other localities to change its Deferred Compensation Plan from an "opt in" plan to an "opt out" plan. 51,1-601.1, Participation in plan by certain employees. All employees of the Commonwealth. its agencies, and all localities within the Commonwealth of Virginia commencing employment or who are reemployed on or after January I, 2008, in a position covered by the Virginia Retirement System, and who have not elected to participate in a plan established pursuant to J 403(b) of the Internal Revenue Code of 1986, as amended, shall participate in the plan described in J 51.1-602, unless such employee elects, in a manner prescribed by the Board, not to participate in such plan. The amount of the deferral for any such employee participating in the plan shall equal, on a semimonthly basis, $20 of otherwise payable compensation, unless the employee elects to defer a different amount. 11. Do NOT REFUND EMPLOYER PAID CONTRIBUTIONS Patti Phillips Department Director Background Information: VRS refunds the employee portion of a locality's VRS contribution to job-related disability retirees. The actuarial calculations for future benefits take into consideration the contributions made by the municipal employer on behalf of the employee. The lump sum return of the employee contributions is a financially unsound practice to continue. Request: Discontinue the practice of refunding the employee portion of the City's VRS contribution to disability retirees unless the employee has actually paid these contributions. These contributions which have been paid by the employer (taxpayers) are needed to fund future disability benefits. VRS should only refund contributions actually contributed by the disabled employee. The means to correct the issue is shown below. August 26, 2008 I I - 12 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 9 51.1-161. Withdrawal ofcontributions before retirement: A. If a member has ceased to be an employee, other than by death or retirement, he may receive a refund of his accumulated contributions, reduced by the amount of any retirement allowance previously received by him under any of the provisions of this chapter or the abolished system. B. Accumulated contributions, provided the emvlovee actuallv made the contributions, shall be refunded to a member upon retirement for disability from a cause that is compensable under the Virginia Workers' Compensation Act (9 65.2-100 et seq.) or to his designated beneficiary upon the death of the member from a cause that is compensable under the Virginia Workers' Compensation Act. c. If a member becomes covered by an optional retirement plan established under 99 51.1-126, 51.1- 126.5, or 51.1-126.6, the member may elect to have his accumulated contributions, as reduced by the amount of any retirement allowance previously received by him under any of the provisions of Chapters I (9 51.1-124.1 et seq.), 2 (9 51,1-200 et seq.), 2.1 (9 51.1-211 et seq.), or 3 (9 51.1-300 et seq.) of this title or the abolished system, transferred directly to such optional retirement plan as a credit to his account in such plan. No portion of the transferred amount shall be available to the member until benefits under the optional retirement plan are otherwise available for distribution. An election to transfer the accumulated contributions to an optional retirement plan shall be treated as a withdrawal of the member's accumulated contributions for purposes of 9 51.1-128. 12. JOB-RELATED DISABILITY RETIREMENT: ALTERNATIVE ELIGIBILITY GUIDELINES Patti Phillips Department Director Department of Finance Background Information: The current VRS Disability Retirement Code provisions provide for employees to retire on disability if they can not perform the job for which they were hired and the disability is a result of a job-related injury. This is the case even if the employee is medically able to perform other work without diminution of salary or benefits within the local government. VRS' eligibility determination process for disability retirements does not afford localities the opportunity to provide employees an alternate position within the employee's medical capabilities. Presently, employees are entitled to disability retirement when an injury renders them unable to perform the essential functions of their specific job. In some cases; however, the employee is capable of performing other work and the locality may have alternate positions available for the employee within the parameters of the employee's medical restrictions. The General Assembly is requested to amend Virginia Code 9 51,1-156 Disability retirement to provide additional eligibility criteria for a job-related disability retirement to provide that employees must be totally and permanently disabled from their current job and other positions with comparable pay within their employer's organization or to allow a local government employer the option to review the knowledge, skills and abilities of employees with job-related injuries and advise VRS if alternate positions are available; andfor VRS to deny an employee who is determined to be medically capable ofperforming an alternate position eligibility for job-related disability retirement pursuant to the following guidelines: August 26, 2008 I i I - 13 - C I T Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 1. If the employee cannot perform the essential functions of the job for which he/she was hired and the local government cannot retain the employee in that position, then, the local government shall have the option of finding an available alternate position within its organization or affiliated organizations (locality, school board, development authority, constitutional offices) (a) for which the employee is qualified, or can be qualified, that is within the employee's medical restrictions; (b) that does not result in a diminution of salary or benefits; and (c) that has been offered to the employee. IF the locality chooses to and may be successful in finding an alternate position, the employee is capable of performing other work, and the alternate position is offered, the employee would not be eligible for disability retirement. Rather he/she would be required to accept the alternate position. 2. a. In the case of law enforcement employees: if the local government chooses to find an alternate position within its organization or affiliated organization and one is available within the employee's medical restrictions, that would not result in a diminution of salary or benefits, then any person disabled in any covered public safety position who (1) has at least fifteen (15) years of service in a LEO covered position and (2) who takes municipal employment in a non-covered position with the same local government shall retain the rights to the annual allowance in Virginia Code 51.1-217 when they qualify for a service retirement. In addition, if said member retires with a service retirement at 25 years or more the service retirements will be unreduced. [This would also require an amendment to 9 51.1-138 or creation ofa 9 51,1-138,1.] b. If the local government chooses to find an alternate position and one is available within the employee's medical restrictions, that would not result in a diminution of salary or benefits, then in the case of law enforcement employees with at least fifieen (15) years of service in a LEO position and who accept an alternate non-LEO position, upon service retirement from the same local government, the employee would be eligible, upon request, to obtain a retired law-enforcement officers photo identification card. [This provision would also require an amendment to 99.1-1000.] Patricia Phillips advised the State employees have a program very similar to the one proposed entitled "Virginia Sickness and Disability Program". Councilman Dyer advised this was one of the recommendations of the Blue Ribbon Task Force. 13. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION PATTI PHILLIPS Department Director Department of Finance Background Information: Currently, the transitional severance benefit and the optional retirement benefits are only available to state employees. Request: Broaden the State language to allow localities, at their option and cost, to participate in the following programs: the severance package (9 2.2-3203) is probably doable without a code change: the second piece (92.2-3204) of purchasing VRS time for employees whose positions are reduced probably needs a Code Amendment. This would be a great option if, in future budgets, layoffs greater than those who can be transitioned are required. August 26, 2008 , , I I - 14 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 82.2-3202. Eligibility for transitional severance benefit. Any full-time employee of the Commonwealth (i) whose position is covered by the Virginia Personnel Act (8 2.2-2900 et seq.), (ii) whose position is exempt from the Virginia Personnel Act pursuant to subdivisions 2, 4 (except those persons specified in subsection C of this section), 7, 15 or 16 of 8 2.2- 2905, (iii) who is employed by the State Corporation Commission, (iv) who is employed by the Virginia Workers' Compensation Commission, (v) who is employed by the Virginia Retirement System, (vi) who is employed by the State Lottery Department, (vii) who is employed by the Medical College of Virginia Hospitals or the University of Virginia Medical Center, (viii) who is employed at a state educational institution as faculty (including, but not limited to, presidents, teaching and research faculty) such as defined in the Consolidated Salary Authorization for Faculty Positions in Institutions of Higher Education, 1994-95, or (ix) whose position is exempt from the Virginia Personnel Act pursuant to subdivision 3 or 20 of 8 2.2-2905; and (a) for whom reemployment with the Commonwealth is not possible because there is no available position for which the employee is qualified or the position offered to the employee requires relocation or a reduction in salary and (b) whose involuntary separation was due to causes other than job performance or misconduct, shall be eligible, under the conditions specified, for the transitional severance benefit conferred by this chapter, The date of involuntary separation shall mean the date an employee was terminated from employment or placed on leave without pay, layoff or equivalent status. B. An otherwise eligible employee whose position is contingent upon project grants as defined in the Catalogue of Federal Domestic Assistance shall not be eligible for the transitional severance benefit conferred by this chapter unless the funding source has agreed to assume all financial responsibility therefore in its written contract with the Commonwealth. C. Members of the Judicial Retirement System (8 51.1-300 et seq.) and officers elected by popular vote shall not be eligible for the transitional severance benefit conferred by this chapter. D. Eligibility shall commence on the date of involuntary separation. E. Persons authorized by 8 2.2-106 or 51.1-124.22 to appoint a chief administrative officer or the administrative head of an agency shall adhere to the same criteria for eligibility for transitional severance benefits as is required for gubernatorial appointees pursuant to subsection A. 82.2-3203. Transitional severance benefit conferred. A. On the date of involuntary separation, an eligible employee with (i) two years' service or less to the Commonwealth shall be entitled to receive a transitional severance benefit equivalent to four weeks of salary; (ii) three years through and including nine years of consecutive service to the Commonwealth shall be entitled to receive a transitional severance benefit equivalent to four weeks of salary plus one additional week of salary for every year of service over two years; (iii) ten years through and including fourteen years of consecutive service to the Commonwealth shall be entitled to receive a transitional severance benefit equivalent to twelve weeks of salary plus two additional weeks of salary for every year of service over nine years; or (iv) fifteen years or more of consecutive service to the Commonwealth shall be entitled to receive a transitional severance benefit equivalent to two weeks of salary for every year of service, not to exceed thirty-six weeks of salary. B. Transitional severance benefits shall be computed by the terminating agency's payroll department. Partial years of service shall be rounded to the next highest year of service. August 26, 2008 - 15 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) C. Transitional severance benefits shall be paid in the same manner as normal salary. In accordance with ~ 60.2-229, transitional severance benefits shall be allocated to the date of involuntary separation. The right of any employee who receives a transitional severance benefit to also receive unemployment compensation pursuant to ~ 60.2-100 et seq. shall not be denied, abridged, or modified in any way due to receipt of the transitional severance benefit; however, any employee who is entitled to unemployment compensation shall have his transitional severance benefit reduced by the amount of such unemployment compensation. Any offset to a terminated employee's transitional severance benefit due to reductions for unemployment compensation shall be paid in one lump sum at the time the last transitional severance benefit payment is made. D. For twelve months after the employee's date of involuntary separation, the employee shall continue to be covered under the (i) health insurance plan created in ~ 2,2-2818 for the Commonwealth's employees, if he participated in such plan prior to his date of involuntary separation, and (ii) group life insurance plan administered by the Virginia Retirement System pursuant to Chapter 5 (~ 51.1-500 et seq) of Title 51.1. During such twelve months, the terminating agency shall continue to pay its share of the terminated employee's premiums. Upon expiration of such twelve month period, the terminated employee shall be eligible to purchase continuing health insurance coverage under COBRA. E. Transitional severance benefit payments shall cease if a terminated employee is reemployed or hired in an individual capacity as an independent contractor or consultant by any agency or institution of the Commonwealth during the time he is receiving such payments. F. All transitional severance benefits payable pursuant to this section shall be subject to applicable federal laws and regulations. ~ 2.2-3204. Retirement program. A. In lieu of the transitional severance benefit provided in ~ 2.2-3203, any otherwise eligible employee who, on the date of involuntary separation, is also (i) a vested member of the Virginia Retirement System, the State Police Officers' Retirement System, or the Virginia Law Officers' Retirement System and (ii) at least fifty years of age, may elect to have the Commonwealth, purchase on his behalf, years to be credited to either his age or creditable service or a combination of age and creditable service, except that any years of credit purchased on behalf of a member of the Virginia Retirement System, the State Police Officers' Retirement System, or the Virginia Law Officers' Retirement System who is eligible for unreduced retirement shall be added to his creditable service and not his age. The cost of each year of age or creditable service purchased by the Commonwealth shall be equal to fifteen percent of the employee's present annual compensation. The number of years of age or creditable service to be purchased by the Commonwealth shall be equal to the quotient obtained by dividing (i) the cash value of the benefits to which the employee would be entitled under subsections A and D of ~ 2.2-3203 by (ii) the cost of each year of age or creditable service. Partial years shall be rounded up to the next highest year. Deferred retirement under the provisions of subsection C of ~~ 51.1-153, 51,1-205, and 51,1-216, and disability retirement under the provisions of ~ 51.1-156 et seq. and ~ 51.1-209, shall not be available under this section. August 26,2008 II II I - 16 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) B. In lieu of the (i) transitional severance benefit provided in ~ 2.2-3203 and (ii) the retirement program provided in subsection A, any employee who is otherwise eligible may take immediate retirement pursuant to ~ 51.1-155.1. C. The retirement allowance for any employee electing to retire under this section who, by adding years to his age, is between ages fifty-five and sixty-five, shall be reduced on the actuarial basis provided in subdivisionA. 2. of~ 51,1-155. 14. FOUR YEAR STATE-SUPPORTED COLLEGE IN VIRGINIA BEACH MARCY SIMS Department Director Department of Public Libraries Background Information: City Council has consistently been on record requesting afour year State-supported university be created within the City of Virginia Beach. The City recommends that the General Assembly investigate this request either through a study done by the State Council of Higher Education (SCHEV) or some other agency addressing this issue, 15. CAPTURE OF SALES TAX FROM TOURISM RELA TED VENUE James Spore City Manager Office of the City Manager Background Information: A number of localities, starting with Roanoke in 1995, have received authority from the General Assembly to capture a portion of the sales tax generated in certain venues. These jurisdictions which now include Norfolk, Richmond, Hampton, Newport News, Portsmouth, Salem, Staunton and Suffolk can retain 3-!0 % of the 5% sales tax generated within a convention hotel or other tourism related facility to pay for debt service. Virginia Beach wishes to receive this authority for a similarly defined project. Request: The General Assembly is requested to amend ~ 58.1-608.3 to ADD Virginia Beach to the localities that already have this authority. August 26, 2008 I I - 17 - C IT Y CO UN C I L 'S B R I E FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 16. SMOKE FREE RESTAURANTS City Council City of Virginia Beach Background Information: City Council requests the General Assembly to either prohibit smoking in restaurants statewide or adopt enabling legislation that would allow localities to prohibit smoking in restaurants. The City Council supports this legislation in the interest of public health, not only for the citizens who might wish to go to a smoke free establishment, but also for hospitality workers who are exposed to second-hand smoke in a smoking establishment. Request: The City requests that the General Assembly prohibit smoking in restaurants statewide or enact legislation to enable localities to prohibit smoking in restaurants. 17. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT Virginia Beach Human Rights Commission Background: The Virginia Human Rights Act (Va. Code J 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin. sex, pregnancy. childbirth or related medical conditions. age, marital status, or disability. Request: The City requests that the General Assembly Amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. August 26, 2008 II "I I I - 18 - C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) CITY OF VIRGINIA BEACH 2009 FUNDING ITEMS The City Council of Virginia Beach recognizes the Commonwealth, as well as the City, are facing very difficult and trying fiscal realities. Nevertheless, the City Council is including these requests for funding to the Commonwealth for non-state agencies, as well as State responsibilities that are under funded. Many of these requests are long standing, others are new; all merit funding by the Commonwealth when resources are available. 1. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER-OCEAN IN MOTION AQUARIUM TRUCK LYNN CLEMENTS Department Director Museums Request: The Virginia Aquarium is asking the General Assembly for $900,000 to: . purchase a replacement "Ocean in Motion" vehicle outfitted with state-ol-the art aquariums . upgrade the vehicle's onsite "docking" facilities . expand the holding systems for marine species used in outreach . And support the staffing critical to the success of the program Section 1.01 Mileage and salt water have started to take their toll on the existing vehicle, which will need to be replaced within two years, We will add a large "truck port" to protect the vehicle from the elements and provide shelter for staff doing weekly maintenance, We plan to increase the number of animals carried aboard the truck and will need additional holding space for them in our upcoming Marine Animal Care facility, Finally, the success of the program hinges on having qualified staff to coordinate with schools, conduct the programs, handle routine vehicle maintenance and provide care to the animals with life support systems, 2. SUPPORT FOR REGIONAL PLAN FOR GEROPSYCHlA TRIC SER VICES BOB MORIN Department Director Human Services Request: During the last General Assembly Session, there was a Budget Amendment submitted that would have provided substantial funding towards "more fully funding" systems of care in HP R V and in the Northern Virginia area (HP R II), and for funding the development of systems of care in the remaining 5 regions of the state. Support is requested for resubmission of a budget amendment to provide the proposed services as outlined in the HPR V Regional Plan for Geropsychiatric Services. August 26, 2008 II I I - 19 - C IT Y CO UN C I L 'S B R I E FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 3. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL HEALTH AND MENTAL RETARDATION BOB MORIN Department Director Human Services Request: The City of Virginia Beach is requesting that the General Assembly fully fund the mental health, mental retardation and substance abuse system to meet the needs of children and adults on waiting lists for services. Funding is also requested to meet the needs of low-income families to include child-care, affordable housing, employment, health care and transportation. Additionally, the City requests that funds be made available to adequately cover the cost of building community capacity as a result of downsizing Eastern State Hospital and Hancock Geriatric Unit. Specifically, funding is requested for the HPR V Regional Plan for Geropsychiatric Services. The total cost of the plan is S7.3-MILLION It is designed in a menu format that will allow for a phased in funding approach. This is a standing request from the City Council. 4. FUNDING FOR PUBLIC HEALTH SERVICES Venita Newby-Owens, M.D., M.P.H. Department Director Department of Health Request: The General Assembly is requested to fully fund the Virginia Beach Public Health Department and equalize funding for Virginia Beach on a per capita basis to match Norfolk and Portsmouth. 5. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Request: The General Assembly is requested to provide the remainder of the $10-MILLION, beyond what has been appropriated. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period and the precedent set in State funding assistance provided to the Richmond Convention Center. August 26, 2008 I ill - 20- C IT Y CO UN C I L 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA DRAFT ITEM # 57925 (Continued) 6. SANDLER CENTER FOR THE PERFORMING ARTS Emily Spruill Cultural Arts Coordinator Office of Cultural Affairs Request: The General Assembly is requested to appropriate $300,000 for the operations of the Sadler Center for the Performing Arts. Mr. Matthias referenced the addition of items, Councilman Wood identified a need to amend the Code re "look-a~like" firearms i.e. toy, spring-loaded guns. The way the Code reads, the perpetrator can get away with a minor offense because this weapon is not defined in the City Code as a "gun ". Council Lady Wilson referenced funding of Economic Development. It is very hard for this City to compete with other States and encourage businesses and additional funding should be requested to compete for Economic Development. Mr. Matthias advised the City has been successful in obtaining a few grants over the years. Councilman Villanueva referenced approaching the General Assembly to revise the Chesapeake Bay Act to consider swimming pools, ponds, BMP's (Best Management Practices) to be considered as non impervious areas. Clay Bernick, Environmental Management Administrator, advised there may be some conflicts with the State Storm Water legislation which must be examined Mr. Matthias advised approximately $200-MILLION (40q;) on the tax rate is providedfor the Standards of Quality. The State just created a Commission on K-12 funding, which is a way for the General Assembly to decrease the amount of funds placed in Education when they rebenchmark the Standards of Quality. The SOQ's are rebenchmarked every two (2) years. This year the funding was approximately a $1-BILLION over the Biennium. The General Assembly is examining ways to decrease the increase in funding. Delegata Tata has been requested to make sure the Commission includes as afact the amount of funds all local governments are providing above and beyond that required by the Standards of Quality. Exact amounts concerning the City donations as opposed to the State will be provided next week. At the present time, funding re the SEQ's is intended to be 55% State and 45% Local. A Public Hearing re the COMMUNITY LEGISLA TIVE A GENDA has been scheduled for September 23, 2008, with final adoption October 7, 2008. The Joint City Council, School Board and Virginia Beach General Assembly Delegation meeting has been scheduledfor Wednesday, November 12, 2008, August 26. 2008 I I II - 21 - C I T Y MANA G E R 'S B R IE FIN G VML 'GO GREEN' CHALLENGE ITEM # 57926 2:28 P.M. Clay Bernick, Environmental Management Administrator, distributed information re the VIRGINIA MUNICIPAL LEAGUE'S (VML) "GO GREEN" CHALLENGE. BRIEFING OBJECTIVES .' What is the VML Go Green Challenge? +, Review How Virginia Beach is Meeting the Virginia Municipal League's Go Green Challenge . Request Council to Formally Adopt a Resolution to Support Sustainability, Climate Protection and Related Efforts VIRGINIA MUNICIPAL LEAGUE'S GO GREEN CHALLENGE .. What is the Go Green Challenge? .' Who is Involved? . What has Virginia Beach done so far? WHAT IS THE GO GREEN CHALLENGE? . A friendly competition among VML member local governments to encourage the implementation of specific environmental policies and practical actions that not only reduce carbon emissions, but can save local governments money . The initiative, endorsed by the VML's Executive Committee, recognizes that the Commonwealth's communities need to take innovative steps to reduce energy usage and promote sustainability WHO IS INVOLVED? '. As of August 22,68 out of208, or 33% of VML member jurisdictions representing 44% of the state's population, are participating in the competition '. As of August 22, 12 of 16 VML member local governments in Hampton Roads are participating, representing 49% of the total VML participant population .' Nationwide, over:! (this number literally changes "hour by hour ''J cities are involved in some form of similar sustainable programs. Virginia Municipal League Go Green Challenge consists of eleven (II) categories, thirty (30 action areas and two hundred (200) possible points. Mr. Bernick distributed a copy of the Survey Questionnaire. This is a self-evaluating report card. August 26, 2008 II: II - 22 - C IT Y MANA G E R 'S B R IE FIN G VML 'GO GREEN' CHALLENGE ITEM # 57926 (Continued) HOW IS VIRGINIA BEACH MEETING THE CHALLENGE? .. Planning's Environmental Management Center Team is compiling data for scoring for each category and action area, assisted by: . Green Ribbon Committee (GRC) . Joint Energy Committee (JEC) . Schools . Other Departments (CVB, Finance, Management Services, Public Works) ,if; Results are to be submitted to VML by September 30, 2008 f' Team will provide written report as part of Council package before submittal to VML The completed survey will be provided to City Council. GOVERNMENT POLICY ADOPTION . Policy Adoption will help City meet "Go Green" Challenge · Mayor Oberndorf signed Us. Conference of Mayors' Climate Protection Agreement in 2005. Signatories commit to take actions to: · Strive to meet or beat the Kyoto Protocol targets in their own communities · Urge their state governments, and the federal government, to enact policies and programs to meet or beat the greenhouse gas emission reduction target suggested for the United States in the Kyoto Protocol - a 7% reduction from 1990 levels by 2012 · Urge the Us. Congress to pass draft bipartisan greenhouse gas reduction legislation. which would establish a national emission trading system . Resolution for City Council to collectively support this effort and a broader sustainability strategy forthcoming for consideration in September WHAT CAN VIRGINIA BEACH HOPE TO DO IN THE SHORT TERM? .' Continue to identify low- to no-cost measures to help improve the City's performance in each of the eleven (11) VML Go Green Challenge categories (example - wind power generation zoning ordinance amendments) f' Become better recognized as a leader and an example in the region, state and nation of a sustainable community \t Begin afocused effort to market Virginia Beach as a location for promoting educational and economic development that is sustainable for the City and recruiting businesses that export sustainable goods (services. products. programs and ideas) · Begin to formalize the City's widespread "green" initiatives in a sustainability framework as is happening in other cities throughout the nation Mayor Oberndorf advised Councilman DeSteph had distributed a CD, which he has requested the City Council view re Offshore Drilling. He is also going to request Senator Wagner to discuss offshore drilling. Mayor Oberndorf requested an expert of offshore drilling also be present to advise both the pro's and con's. Mayor Oberndorf advised this could be a separate discussion and briefing Mr. Bernick advised an area approximately twenty (20) miles off of Sandbridge has been identified already by the Federal Department of Energy as the best location for wind powered generation on the east coast. south of New England. Old Dominion University is conducting research re how to generate energy and power from removing the overabundance of algae in our waterways. Mayor Oberndorf referenced Virginia Wesleyan has a building with a green roof and suggested recognition. Council Lady Wilson referenced the successful algae program. August 26, 2008 II I II - 23 - CITY COUNCIL COMMENTS ITEM # 57927 2:47 P.M. Councilman Dyer recognized the success of the Community Conversations on Thursday, August 21, 2008 and the City Council Retreat, August 22, 23, 2008. Councilman Dyer brought forward the concept of discussions relative a Policy Workshop dedicated toward dealing with specific issues and City Council dialogue. Councilman Dyer suggested dedicating a couple of hours the first Tuesday of each Month for interaction and dialogue among the Council Members as the City moves forward in a challenging economic time. Councilman Dyer also suggested the regularly scheduled Workshop on the Third Tuesday be solely dedicated to City Council Dialogue among each other instead of Staff Briefings. Councilman Villanueva concurred and suggested both the high and top priority topics addressed at the Retreat be discussed. The month of November should be dedicated towards Budget, as the General Assembly will address their further recommendations and their Forecast in October. Top Priorities Policy Agenda Targets High Business Attraction (Targeted Business and Incentives) Burton Station Development Road Funding Plan and Policy Direction Mass Transit Policy Direction Compensation Policy Landfill and SPSA Town Center Phase IV Neighborhood Road Improvement Policy Direction Lynnhaven Parkway Project Neighborhood Preservation Program Beach/Sand Replenishment Dome Site Total Compensation Policy for New Hires Top Priorities Management Agenda Targets High BRAC Strategy Energy related Business Attraction Strategy Gang Strategy Public Parking Public Safety Staffing Animal Control and Facility Agricultural Business Expansion Plan and Study Storm water and Ditch Maintenance Convention Center Real Estate Tax/Assessment Impact Impact Analysis Green Initiative Mayor Oberndorf reiterated the City Council is anxious to receive the report from the Southeastern Public Service Authority concerning the land use of the Welden field of Virginia, L.L.c. application and their adjacent landfill. August 26, 2008 111 II - 24 - AGE N DA REV I E W S E S S ION 2:52 P.M. ITEM # 57928 K.1. Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and ESTABLISH a Reserve refueVenergy increases and tax relieffor the elderly and disabled. Councilman DeSteph and Councilman Diezel agree Public Safety should be excluded. The City Manager advised even the Public Safety Directors have requested not to be exempt. Councilman Wood does not concur with the idea of blanket authorization to cut 1/25% form the FY 2008-09 Operating Budgets. Most likely the cuts would involve Personnel. Councilman Wood requested a listing of the reductions. This item shall be DEFERRED until the City Council Session of September 23, 2008, with the City Manager providing a listing by September 9, 2008. ITEM # 57929 Ordinance to AUTHORIZE acquisition of ARP in behalf of Barry D. & Paula W Knight @ 3380 Indian Creek Rd DISTRICT 7 - PRINCESS ANNE The City Attorney distributed the Ordinance, which was advertised for a Public Hearing, but not listed on the City Council Agenda under Ordinances/Resolution. The City Attorney noted a correction in the amount of$1,244,346 $/,221,316 advertised. The City Attorney requested this item be ADDED to the Agenda. ITEM # 57930 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and ESTABLISH a Reserve refuel/energy increases and tax relieffor the elderly and disabled. 2. Resolution to ESTABLISH Mid-Atlantic Regional Ambulance, Inc. and AUTHORIZE an annual EMS permit re private ambulance service. August 26, 2008 II I II - 25 - AGE N DA REV IE W S E S S ION ITEM # 57930 (Continued) 3. Ordinances to ACCEPT and APPROPRIATE: a. a Grantjrom the Virginia Wireless E~911 Services Board re a Telecommunicator Job Task Analysis. b. a monetary donation from SCG International. LLC re ultrasonic weapons cleaning equipment for the Police. 4. Ordinance to TRANSFER funds to the Virginia Aquarium- Phase II, re Seal holding pools. Item K.l. (1.25% reduction) shall be DEFERRED, BY CONSENT until the City Council Session of September 23, 2008. with a listing provided by September 9, 2008. August 26, 2008 111 II - 26 - AGE N DA REV IE W S E S S ION ITEM # 57931 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: L PLANNING 1. Petition of BRUCE and ELIZABETH HEDLUND for a Variance to the Subdivision Ordinance re subdividing their property for an additional family home at 5711 Lancelot Drive. DISTRICT 2 - KEMPSVILLE 2. Application of DANNY COLLIER for a Conditional Use Permit re automotive sales, service and storage at 1605 Pleasure House Road. DISTRICT 4 - BA YSIDE 5. Application ofLEONILO O. GLORIA for a Modification of Condition No.5 re a sign for the senior and disabled housing (approved by City Council on February 22, 2005) at 1236 Kempsville Road. DISTRICT 2 - KEMPSVILLE 6. Application of the City of Virginia Beach: a. Ordinance to AMEND Section 108 of the City Zoning Ordinance (CZO) re posting of signs giving notice of certain zoning applications. Item L.1. (BRUCE and ELIZABETH HEDLUND) shall be WITHDRA WN, BY CONSENT August 26, 2008 111 II - 27 - ITEM #57932 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 of, 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees Annual Review of Council Appointees PUBLICLY-HELD PROPERTY; Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: ARP - Baum District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Buddhist Temple Chesapeake Bay Act Cape Henry Beach Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council voted to proceed into CLOSED SESSION at 3:30 P.M. August 26, 2008 I Ii I III II II - 28 - ITEM #57932 (Continued) Voting: 10-0 Council Members Voting Aye: 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; William R. "Bill" DeSteph Closed Session: 3:30 P.M. - 5:15 P.M.) (Council Appointee Evaluation: 5:15 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 6:00 P.M.) August 26, 2008 'I - 29 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 26, 2008 6:03 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 26, 2008, at 6:03P,M Council Members Present: 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: William R. "Bill" DeSteph [Out of the City re a Family Matter] INVOCA TION: Reverend Jim Blanchard Pastor, PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors, Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regular(v makes this disclosure, Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. 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. August 26, 2008 ,I - 30 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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. August 26, 2008 II I II - 31 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57933 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 exempt from 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: J 0-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 II II 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 #57932, Page 27, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOff, 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. uth Hodges Fraser, MMC City Clerk August 26, 2008 II I I - 32 - Item V-F.] ITEM # 57934 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 12,2008 Voting: 10-0 Council Members Voting Aye: 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; William R. "Bill" DeSteph August 26, 2008 - 33 - Item V-G. PRESENTATION ITEM # 57935 Gwen Cowart, Director - Communications and Information Technology, introduced Crag Hartley Craig Hartley, Deputy Executive Director - Commission on Accreditation for Law Enforcement Agencies (CALEA) Public Safety Communications Accreditation Program PRESENTED the VIRGINIA BEACH 9-1-1 REACCREDITATION. Ms. Cowart advised the individuals present were instrumental in the achievement of the reaccreditation: Angie Anderson Doug Onhaizer Boh Niaherger Virginia Beach is the first city Emergency Communications Center in Virginia to earn CALEA reaccreditations. VB9-1-1 first earned CALEA ACCREDITATION in 2005 and must meet or exceed the Commission's 216 communications standards every three years in order to remain accredited August 26. 2008 , " - 34 - Item V-H.I. ADOPTAGENDA FOR FORMAL SESSION ITEM # 57936 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to AUTHORIZE acquisition of ARP in behalf of Barry D. & Paula W. Knight @ 3380 Indian Creek Rd DISTRICT 7 - PRINCESS ANNE August 26, 2008 II I I - 35 ~ Item V-I.1. PUBLIC HEARING ITEM # 57937 Mayor DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement-3380 Indian Creek Road There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. August 26, 2008 'I - 36 - Item V-l.2. ADD-ON ITEM # 57938 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Agenda, as Consent Item K. 5.: Ordinance to AUTHORIZE acquisition of ARP in behalf of Barry D. and Paula W. Knight @ 3380 Indian Creek Rd DISTRICT 7 - PRINCESS ANNE The City Attorney distributed the Ordinance, which was advertised for a Public Hearing, but not listed on the City Council Agenda under Ordinances/Resolution. The City Attorney noted a correction in the amount of$1,244,346 $1,22'1,316 advertised. Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 II I II 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $1,244,346. (PROPERTY OF BARRY D. KNIGHT AND 6 PAULA W. KNIGHT) 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of the material terms of which is hereto attached, and a true copy of 14 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 15 (as defined in the Installment Purchase Agreement) on certain property located in the City 16 and more fully described in Exhibit B of the Installment Purchase Agreement for a 17 purchase price of $1,244,346; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement; 25 26 NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 3.41 00% per annum 36 or the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 5.4100% unless the approval of the City Council by 39 resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects II I II 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 Adoption requires an affirmative vote of a majority of all members of the City 63 Council. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on this 26ttPayof 66 Allgll!':r, 2008. CA 10754 V:lapplicationslcitylawprodlcycom32\WpdocsID025IP003100065448. DOC R-1 DATE: August 25, 2008 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LUttt'v (1 VVtitflf7 tv' City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 9~&U a~ Director of Finance 2 II I 'I AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-79 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. and Paula W. PROPERTY LOCATION: 3380 Indian Creek Road, Princess Anne District PURCHASE PRICE: $1,244,346 EASEMENT AREA: 175.26 acres, more or less DEVELOPMENT POTENTIAL: 16 single-family dwelling sites (16 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4100% (actual rate to be determined when STRIPS are purchased prior to execution oflPA). Rate may not exceed 5.4100% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. = = o~ ~~ ~. =:i ~ ~"'d ~= ~= 00'- 00= ~~ I .... 0\(fQ '. ~ =- o~ ~ I I ~ ~ ~= ~Q. 00 .... \0= ~= ~ n ~ ~ ~ ~ ~ = = Q. I I City of Chesapeake I ~ o I tv , . \0 .' \-- \0 ,'\ ~ L- \ II I II I - 37 - Item V-K ORDINANCES/RESOLUTION ITEM # 57939 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items I (DEFERRED), 2,3a.b, 4 and 5 (ADD-ON) of the CONSENT AGENDA. Item K.l. DEFERRED until the City Council Session of September 23,2008. Information re the reductions shall be provided on September 9, 2008. Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 - 38 - Item V-K.l. ORDINANCES/RESOLUTION ITEM # 57940 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 23, 2008: Ordinance to REDUCE City Departments' FY 2008-09 Operating Budgets by 1.25% and ESTABLISH a Reserve re fuel/energy increases and tax relief for the elderly and disabled. Staff to give proposed Savings Report A listing of the Department's reduction shall be provided on September 9, 2008. Voting: 10-0 (By Consent) Council Members Voting Aye; 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: William R. "Bill" DeSteph August 26, 2008 I I II - 39 - Item V-K.2. ORDINANCES/RESOLUTION ITEM # 57941 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to ESTABLISH Mid-Atlantic Regional Ambulance, Inc. and A UTHORIZE an annual EMS permit re private ambulance service. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF MID- 2 ATLANTIC REGIONAL AMBULANCE, INC. SERVICE IN 3 VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS 4 PERMIT FOR PROVIDING PRIVATE AMBULANCE 5 SERVICES 6 7 WHEREAS, in accordance with Code of Virginia S 15.2-995, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia S 32.1-111.14 and City Code S 12 10.5-2, any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non-emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received from Mid-Atlantic Regional Ambulance, Inc.; and 18 19 WHEREAS, this request and application has been recommended for approval by 20 the Virginia Beach Department of Emergency Medical Services; and 21 22 WHEREAS, City Council finds the approval of this request and application is in the 23 best interests of the citizens of Virginia Beach as it will assure continued and adequate 24 emergency services and will preserve, protect and promote the public health, safety and 25 general welfare of the citizens. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the request of Mid-Atlantic Regional Ambulance, Inc. for the establishment of 31 its emergency medical service in the City of Virginia Beach, and its application for an 32 annual EMS permit for providing private EMS ambulance services in the City of Virginia 33 Beach is hereby approved and granted, effective immediately. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of 36 ---AugllSt ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ .... ----.:::. ~.r'cW~,/;c/ Emergency Medical Services CA10814 / R-3 / August 14, 2008 i I II II - 40- Item V-K.3.a/b. ORDINANCES/RESOLUTION ITEM # 57942 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a. Grant from the Virginia Wireless E-911 Services Board re Telecommunicator Job Task Analysis. b. Monetary donation from SCG International, LLC re ultrasonic weapons cleaning equipment for the Police. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 ,I ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT A VIRGINIA WIRELESS E-911 SERVICES BOARD GRANT FOR A TELECOMMUNICATOR JOB TASK ANALYSIS NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,000 is hereby accepted from the Virginia Wireless E-911 Service Board for a telecommunicator job task analysis and is appropriated to the Communications and Information Technology Department, with grant revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of August, 2008. An affirmative vote from the majority of the members of City Council is required. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~Q- Management Services K~J= City Attorney's Office CA 10844 R-3 August 19,2008 I I 1 AN ORDINANCE TO ACCEPT A DONATION FOR THE 2 PURCHASE OF ULTRASONIC WEAPONS CLEANING 3 EQUIPMENT 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $6,776 is hereby accepted from SCG International, LLC, and appropriated to 7 the Police Department's FY 2008-09 Operating Budget for the purchase of ultrasonic 8 weapons cleaning equipment, with estimated revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of August 2008. An affirmative vote from the majority of the members of City Council is required. Approved as to Content: Approved as to Legal Sufficiency: ~~~ anage ent Services :e~~ City Attorney's Office CA 10841 R-2 August 14, 2008 ,I II - 41 - Item V-K.4. ORDINANCES/RESOLUTION ITEM # 57943 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFER funds to the Virginia Aquarium- Phase II, re Seal holding pools. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 I il 1 AN ORDINANCE FOR A TRANSFER TO UPGRADE SEAL 2 HOLDING POOLS AT THE VIRGINIA AQUARIUM 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That $200,000 is hereby transferred from the General Fund Reserve for 7 Contingencies - Regular to CIP # 3-278, "Virginia Aquarium Renewal and Replacement- 8 Phase II" in the FY 2008-09 Capital Budget to complete upgrades to the Seal Holding 9 Pools at the Virginia Aquarium, with revenue from local sources increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the26th day of August 2008. Approved as to Content: Approved as to Legal Sufficiency: c~=E- CA 10843 R-2 August 14, 2008 ,I II - 42 - Item V-K.5. ORDINANCES/RESOLUTION ITEM # 57944 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of ARP in behalf of Barry D. and Paula W. Knight @ 3380 Indian Creek Rd DISTRICT 7 - PRINCESS ANNE The City Attorney distributed the Ordinance, which was advertised for a Public Hearing, but not listed on the City Council Agenda under Ordinances/Resolution. The City Attorney noted a correction in the amount of$1,244,346 $1,224,346 advertised. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 i I I I il II ~~ ';~"1^'-'" .' (t: t fI , ., (tJE ;,~ ~.~___ ~'E~.. lZ'''.", .~.."P ...~,.l".l~..4~<I' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $1,244,346 (Property of Barry D. Knight and Paula W. Knight) MEETING DATE: August 26, 2008 . Background: In May, 1995, the Agricultural lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of three (3) parcels of land having approximately 175.26 acres outside of marshland or swampland. It is owned by Barry D. Knight and Paula W. Knight. Under current development regulations, there is a total development potential of sixteen (16) single-family dwelling building sites, none of which will be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached location Map, is located at 3380 Indian Creek Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,244,346. This price is the equivalent of approximately $7,100 per acre of easement acquired. ii I I 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.4100% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.4100% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption ~. Submitting Department/Agency: Agriculture Department City Manager: ~ k ,~~ V-L. PLANNING 1. BRUCE AND ELIZABETH HEDLUND 2. DANNY COLLIER 3. CYPRESS CREEK, L.L.c. 4. BUDDHIST EDUCATION CENTER OF AMERICA, INC. 5. LEONILO O. GLORIA 6. CITY OF VIRGINIA BEACH a. City Zoning Ordinance b, City Zoning Ordinance c. City Zoning Ordinance - 43 - ITEM 57945 II I 'I II VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS to extend compliance re a religious facility (Approved August 28, 2007) MODIFICA TION OF CONDITION No.5. re a sign for senior and disabled housing AMEND Section J 08 of the City Zoning Ordinance (CZO) re posting of signs giving notice of certain zoning applications. AMEND regulations pertaining to communication towers and building- mounted antennas AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance, re \ inclusion of water surface area of a swimming pool in the calculation of I mpervious cover, August 26, 2008 II ,I - 44- Item V-L. ITEM 57946 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1 (WITHDRA WAL), 2, 5 and 6a of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 'I - 45 - .Item V-L.l. ITEM 57947 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL of THE Petition of BRUCE AND ELIZABETH HEDLUND for a Variance to the Subdivision Ordinance re subdividing their property for an additional family home: Petition of BRUCE & ELIZABETH HEDLUND, Subdivision Variance, 5711 Lancelot Drive, District 2 - Kempsville Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 - 46- .Item V-L.2. ITEM 57948 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of DANNY COLLIER for a Conditional Use Permit re automotive sales, service and storage: ORDINANCE UPON APPLICATION OF DANNY COLLIER, CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES, SERVICE AND STORAGE R080835290 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DANNY COLLIER, Conditional Use Permit (motor vehicle sales, service and storage), 1605 Pleasure House Road. District 4 - Bayside. The following conditions shall be required: 1. The existing entrances to the site located closest to the intersection of Pleasure House Road and Thoroughgood Road shall be closed. The applicant shall work with current Planning and Traffic Engineering staffs to determine an adequate means of closure. 2. The building shall be painted earth tone colors. The applicant shall provide a color palette of the proposed paint to be used on the building to current Planning staff for approval. 3. Parking spaces and display area space shall be clearly delineated on a site plan and the parking lot must be striped in accordance with the approved plan. Vehicles are to be parked in the designated areas, and no vehicles shall be parked within any portion of the public right-o.fway. Vehicles shall not be displayed on raised platforms. The applicant shall provide to current Planning Staff a parking lot layout plan with the appropriate spaces delineated on the plan. 4. All automotive detailing and service shall be performed inside the building. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected. shaded and focused away from ac:ijoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (J 4) feet. 7. No outside paging system shall be permitted. 8, No advertising banners, streamers, balloons, pennants or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess offour (4) square feet installed or displayed on the exterior or interior of the windows of the building. August 26, 2008 Ii i I - 47 - .Item V-L.3. ITEM 57948 (Continued) PLANNING 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 Twenty-sixth of August Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R, "Bill" DeSteph August 26, 2008 - 48 - .Item V-L.3. ITEM 57949 PLANNING Attorney Morris Fine, 2101 Parks Avenue, represented the applicant, advised there may be some 4-H type of shows without interference to the neighbors, in addition to the six (6) shows allotted. Upon motion by Council Lady Henley, seconded by Councilman Villanueva, City Council ADOPTED, as REVISED, Ordinance upon application of CYPRESS CREEK, L.L.C., Conditional Use Permits (riding academy, horses for hire or boarding and commercial kennel); ORDINANCE UPON APPLICATION OF CYPRESS CREEK. L.L.c., CONDITIONAL USE PERMITS (RIDING ACADEMY, HORSES FOR HIRE OR BOARDING AND COMMERCIAL KENNEL), R08083529I BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CYPRESS CREEK, L.L.c., Conditional Use Permits (riding academy, horses for hire or boarding and commercial kennel), 1628 Mill Landing Road, District 7 - Princess Anne The following conditions shall be required. as REVISED: Riding Academv, Horses for Hire and Boarding 1. A Fire Plan, developed specifically for this site, designed to aid in fire prevention, suppression and elimination of potential fire hazards, shall be developed in conjunction with the Fire Marshal's Office, and shall be approved and implemented prior to the issuance of a Certificate of Occupancy for the Conditional Use Permit. Such Plan is not meant to supplant any additional recommendations of the Fire Marshal's Office. 2. There shall be no more than six (6) horse shows per year. Horse shows shall be held only between the hours of 8:00 A.M and 8:00 P.M, with participant access to the site for the purpose of the shows limited to after 7:00 A.M and before 10:00 P.M There shall be no overnight transient lodging or camping of show participants are attendees. 3. Horse shows shall be oriented to the students of the riding academy and local horse stables and riding academies. The maximum number of rider participants at any show shall not exceed eight-five (85). 4. All parking for the horse show participants and attendees shall be located on-site, 5. There shall be no permanent outside speakers or sound systems. 6. Any lighting fixtures illuminating the outdoor riding area shall be turned off no later than 9:00 P.M All lighting shall be installed in a way as to direct all light inward to the site to prevent spillover to adjacent properties. 7. There shall be no permanent food court on the property. A food concession may be operated on the site during horse shows. Such concession shall be removed upon the end of a show, August 26, 2008 II I II II - 49- .Item V-L.3. ITEM 57949 (Continued) PLANNING 8. The applicant shall consult with the City of Virginia Beach, Department of Agriculture, as well as the Department of Public Works / Stormwater Management, pertaining to the most efficient and appropriate method of animal waste collection and disposal. 9. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. In the event that no wffld-complaints have been made, the Conditional Use Permit shall remain in effect. Commercial Kennel 1. No more than twelve (12) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. Dog litter shall be picked up on a daily basis and shall be disposed of in a lawful manner. 3. All boarded dogs and Celts shall be kept within the kennel between sunset and sunrise. 4. Boarded dogs shall not be allowed to roam the property. Such animals shall be contained within the kennel and its associated dog runs. 5. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit for the kennel. In the event that no w:Htd complaints have been made, the Conditional Use Permit shall remain in effect. 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 Twenty-sixth of August Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 II I II - 50 - .Item V-LA. PLANNING ITEM 57950 The following registered in SUPPORT: Attorney Morris H Fine, 2101 Parks Avenue, represented the applicant and advised the Buddhist Monks had operated a Temple on Kempsville Road. When, Kemepsville Road was expanded, the property the City took was the property on which their temple had been located. The Buddhist decided to move into the country. Unfortunately, The residential markets have gone into a "free fall" and the applicants owe $770,000 on the mortgage. Their home has not been marketable. Attorney Fine referenced the Religious Land Use and Institutionalized Persons Act of 2000 passed by Congress. Mary and Katie Estes, 1625 Mill Landing Road, Phone: 721-209 Marilyn Caputo, 4117 Charity Neck Road, Phone: 355-87688 Chuc Thanh, 4177 West Neck Road, Phone: 689-3408 Sylvia Estes, 1628 Mill Landing Road, Phone: 435-0786 Scott Dilatush. 1348 Johnstown Road, Chesapeake, Virginia. Phone: 721-6900 Samantha Niezgada. 725 Sir Walter Circle, Phone: 339-1753 Christopher Tritong, 704 Wyfold Court, Chesapeake, Virginia, Phone: 436-6977 Bonnie Osborn, 4025 West Colonial Parkway, Phone: 431-2555 William Osborn, 4025 West Colonial Parkway, Phone: 431-2555 Genez Malebranche, 6400 Knotts Island Road, Phone: 721-9465 Willie Lenoir. 183 Olane Drive, Phone; 877-1835 Karen Pennington, 9345 First View Street, Norfolk, Virginia, Phone: 588-7119 The following registered in OPPOSITION Louis Cullipher, 1449 Princess Anne Road, Phone: 426-2212 Dan Franken, 4161 West Neck Road, Phone: 426-0476, referenced a petition signed by one hundred thirty (130) citiznes in OPPOSITION, (Pleasant Ridge Neighbors). Jerry Lang, 1476 Princess Anne Road, Phone: 426-5445 Amy Lang, 1476 Princess Anne Road, Phone: 426-5445 Donna Franken, 4161 West Neck Road, Phone: 426-0476 Judy Hojfenberger, 4021 Dawley Road, Phone: 426-6292 Daniel Franken, Jr., 2009 Ripplemen Court, Phone: 619-8479 Sara Hembree, 2080 Jarvis Road Michelle Fryman, 2429 West Landing Road, Phone: 426-7299 August 26, 2008 I ,I - 51 - .Item V-LA. ITEM 57950 (Continued) PLANNING Upon motion by Council Lady Henley. seconded by Council Lady McClanan. City Council DENIED Application of the BUDDHIST EDUCATION CENTER OF AMERICA, INC. for a Modification of Conditions to extend compliance re a religious facility (approved by City Council on August 28.2007) ORDINANCE UPON APPLICATION OF BUDDHIST EDUCATION CENTER, MODIFICATION OF A CONDITIONAL USE PERMIT (RELIGIOUS USE). 4177 WEST NECK ROAD. DISTRICT 7 - PRINCESS ANNE Ordinance upon application of BUDDHIST EDUCATION CENTER. modification of a conditional use permit (religious use), 4177 west neck Road, DISTRICT 7 - PRINCESS ANNE Voting: 8-2 Council Members Voting Aye: 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: Harry E. Diezel and Robert M Dyer Council Members Absent: William R. "Bill" DeSteph August 26, 2008 ", ,I II - 52 - .Item V-L.5. ITEM 57951 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of LEONILO O. GLORIA, Modification of a Conditional Use Permit (senior and disabled housing). ORDINANCE UPON APPLICATION OF LEONILO 0. GLORIA, MODIFICATION OF A CONDITIONAL USE PERMIT (SENIOR AND DISABLED HOUSING). 1236 KEMPSVILLE ROAD, DISTRICT 2 - KEMPSVILLE. R080835292 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LEONILO 0. GLORIA. modification of a conditional use permit (senior and disabled housing). 1236 Kempsville Road. DISTRICT 2 - KEMPSVILLE The following conditions shall be required; 1. All conditions, with the exception of Number 5 attached to the Conditional Use Permit permitting housing for seniors and disabled persons granted by the City Council on February 22, 2005, remain in affect. 2. Condition Number 5 of the Conditional Use Permit, permitting housing for seniors and disabled persons granted by the City Council on February 22, 2005, is deleted and replaced with the following: " The Conditional Use Permit shall allow one freestanding sign as shown on the photograph submitted with the 2008 application. " 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 Twenty-sixth of August Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph August 26, 2008 I! i il - 53 - ,Item V-L.6.a. ITEM 57952. PLANNING Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council ADOPTED Application of the City of Virginia Beach: Ordinance to AMEND Section 108 of the City Zoning Ordinance (C20) re posting of signs giving notice of certain zoning applications Voting: 10-0 (By Consent) Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 ,I II 1 AN ORDINANCE TO AMEND SECTION 108 OF THE 2 CITY ZONING ORDINANCE BY ESTABLISHING 3 REQUIREMENTS FOR THE POSTING OF SIGNS 4 GIVING NOTICE OF CERTAIN ZONING 5 APPLICATIONS 6 7 Section Amended: City Zoning Ordinance Section 8 108 9 10 Whereas, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 108 of the City Zoning Ordinance IS hereby amended and 17 reordained to read as follows: 18 19 Sec. 108. Posting of signs relating to applications for rezoning, etc. 20 21 (a) In any case in which a property owner or other authorized person petitions 22 the city council for the approval of any application seeking a rezoning, conditional use 23 permit, approval of a PD-H1 or PD-H2 land use plan, resolution pertaining to a 24 nonconforming use or structure, subdivision or floodplain variance or reconsideration of 25 conditions, the applicant shall erect, on the property which is the subject of the 26 application or within the unimproved portion of the abuttinq public street, a sign of a 27 size, type and lettering approved by the planning director. All such siqns shall be 28 posted and maintained in such manner as to be unobscured bv veqetation or other 29 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, 30 if present. the sidewalk of every public street adjoining the property or in such alternate 31 location or locations as may be prescribed by the planning director. Such sign shall be 32 erected not less than thirty (30) days before the planning commission hearing, or if 33 none, the city council hearing, and shall state the nature of the application and date and 34 time of the hearing. Such signs may not be removed until the city council has acted 35 upon the application, and shall be removed no later than five (5) days thereafter. In any 36 case in which the planning commission or city council determines that the requirements 37 of this section have not been met, the application shall be deferred; provided, however, 38 that the city council may, for any other appropriate reason, deny such application. 39 40 (b) Applications before the board of zoning appeals shall be subject to the 41 requirements of subsection (a) hereof. Any application in which such requirements have 42 not been met may be deferred or denied by the board. 43 " I II 44 (c) No person havinq actual notice of an application for which a siqn is 45 required to be posted by this section. or to whom a written notice meetinq the 46 requirements of Virqinia Code Section 15.2-2204 has been mailed. shall contest the 47 validity of any city council action by reason of the applicant's failure to comply with the 48 provisions of this section. Nothinq in this subsection shall be construed to create any 49 new riqht to contest the action of the city council. 50 Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of August, 2008. 2 II! II - 54 - Item V-L.6.b. ITEM 57953 PLANNING The following registered in SUPPORT: Attorney Stephen R. Romine, 999 Waterside Drive, Phone: 441-8921, represented Verizon Wireless Steven LaPorta, 936 Rio Grande Drive, Phone; 426-8128, resident of Lago Mar Attorney Lisa Murphy, 283 Constitution Drive, Suite 525, Phone; 217-4537, represented New Cingular Wireless, PCS, LLC t/a A T & T Veronica Guagenti, 913 Estrella court, Phone: 426-53329, represented Lago Mar citizens A MOTION was made by Council Lady Henley, seconded by Councilman Dyer, to ADOPT, without modification of the P-I District recommended by the Planning Commission: Ordinance to AMEND the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, (deferred by City Council on July 8, 2008). Upon SUBSTITUTE MOTION by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED the Planning Commission's Version with modification to the P-I allowing towers in open space and natural areas by Conditional Use Permit: Ordinance to AMEND the City Zoning Ordinance (CZO)' regulations pertaining to communication towers and building-mounted antennas, Voting: 6-4 Council Members Voting Aye: Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R. Jones" Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and John E. Uhrin Council Members Absent: William R. "Bill" DeSteph August 26, 2008 III II II 1 AN ORDINANCE AMENDING CITY ZONING ORDINANCE 2 REGULATIONS PERTAINING TO COMMUNICATION 3 TOWERS AND BUILDING-MOUNTED ANTENNAS, 4 INCLUDING DEFINITIONS, PREAPPLlCATION AND 5 APPLICATION REQUIREMENTS, LOCATIONAL, 6 LANDSCAPING AND OTHER REQUIREMENTS, AND 7 ZONING DISTRICTS WHERE PERMITTED 8 SECTIONS AMENDED: CITY ZONING ORDINANCE 9 99111,232,301,401,501,601,701,801,901,1001, 10 1501, 1511 AND 1521 11 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; '15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 That Sections 111, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1511 19 and 1521 of the City Zoning Ordinance, pertaining to communication towers and :~o building mounted antennas, be, and hereby are, amended and reordained to read as :~1 follows: :~2 Sec. 111. Definitions :~3 :~4 Antenna, building mounted. An antenna Any structure or device affixed to a :~5 building or other structure, except a water tank, for the purpose of supporting broadcast 26 equipment of any frequency or electromagnetic wave, or any similar system of wires, 27 poles, rods, reflecting discs or similar devices used for the transmission or reception of :~8 electromagnetic waves. The term does not include communication towers, antennas :~9 mounted on communication towers, home satellite dishes, or television or radio 30 antennas used primarily for the benefit of the occupants of, or visitors to, property on 31 which such antennas are located. 32 33 34 Communication tower. 1\ tower of any size which supports communication 35 (broadcast or receiving) equipment utilized by commercial, government, or other public 36 and quasi public users. Any pole. spire or other structure, includinq supportinq lines, 37 cables. wires. braces, masts or other appurtenances, intended or used primarily for the 38 purpose of affixinq antennas or other wireless telecommunications equipment or for 39 housinq such equipment. +Ris The term does not include private home use of satellite 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 159 130 (31 i32 d3 (34 i35 136 i37 i38 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 :1 II dishes and television antennas or Qy amateur radio operators as licensed by the Federal Communications Commission. Wireless telecommunication eauioment includes antennas and their appurtenances used for purposes of providinq wireless telecommunication services. Sec. 207. Building-mounted antennas. The following provisions shall apply to building-mounted antennas in all districts in which they are permitted: (a) Antennas shall, through the use of screening, colorization, placement, design, or any combination thereof, be as visually unobtrusive as is reasonably practicable; (b) No antenna shall be located upon any building or structure less than fifty (50) feet in height; (c) No antenna shall extend to a height greater than twenty-two (22) feet above the highest point of the building or structure to which it is affixed; (d) No antenna shall be erected unless a professional engineer licensed in the Commonwealth of Virginia certifies to the building official that the proposed antenna, or array of antennas, complies with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and (e) Buildings or other structures housing electronic equipment or other equipment or materials used in connection with the operation of an antenna shall meet all application setback and landscaping requirements. Sec. 232. Communication towers. (a) I\pplication. Each application f-or a conditional use permit f-or a communication tower shall include the follo'l.'ing inf-ormation in addition to the general information required by this ordinance. (1) Site plan or plan dra'lJn to scale specifying the location of tower(s), guy anchors (if any), transmission building and other accessory uses, parking, ::lCcess, landscaped areas (specifying size, spacing and plant materials proposed), fences, and adjacent land uses. The administr::ltor of 2 85 landsoape oervioos o\'1all review and approve tile landscaped areas shown ~~ ::G~; ~~ ~) :r:~=,a ::~:~~~:::: u: . e ~. '. ;~~ m. .~ 90 91 92 ~; =~;;;;~;., . .' ~~~ ~) ;;;;;;;;;~=~:::;::; ~ 106 ~ \;~ ~ :SP:C:iU\:::q:Ui:o:m:n:t:. ~';~ (1~ ::':n~~;,~~~~r~~d~~O~~u~, . -~ 1\ 1 ~\! ~~' '~~~ ~,!.:;r~ 1\5 \\\ ~~~E~ 120 ~~ ~,~~~~i~i~;::~ 124 125 126 127 128 129 130 3 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 (3) (4) (5) (6) (7) (8) ,I II For property lines not ~butting the ~bove uses or districts, the minimum setb~ck requirement sh~1I be ~t le~st hA,enty five (25) f-oet unless ~ gre~ter setb~ck is specified due to other circumst~nces ~s ~ condition of ~pprov~1. More th~n one (1) to'Ner on ~ site shall be permitted, providing that all setback, design, ~nd I3ndscape requirements are met. Towers hA/o hundred (200) f-oet or less in height shall have ~ g~lv~nized finish or be p~inted silver. HOIf/ever, if ~ny regul3tion of the Federal I\vi~tion I\dministr~tion or Feder~1 Communic~tions Commission contr~dicts this requirement, then th~t regul~tion sh~1I govern. Towers more th~n two hundred (200) feet in height sh~1I be painted in ~ccord~nce '!lith regul3tions by Feder~1 Communications Commission ~nd/or the Feder~ll\vi~tion ^dministr~tion. Towers shall be iIIumin~ted ~s required by the Feder~1 Communic~tions Commission ~nd/or Feder~1 /\vi~tion ^dministr~tion. HO'Never, no lighting sh~1I be incorpor~ted if not required by the Feder~1 Communic~tions Commission ~nd/or the Feder~ll\\'iation I\dministr~tion. L~ndsc~ping sh~1I be required as follows: (i) For towers two hundred (200) feet or less in height, at le~st one (1) row of evergreen shrubs c~p~ble of f-orming a continuous hedge ~t least five (5) feet in height sh~1I be provided with individu~1 plantings sp~ced not more th~n five (5) feet ap~rt ~nd ~t least one (1) row of evergreen trees with ~ minimum c~liper of one ~nd throe fourths (1 3/4) inches ~t the time of planting and spaced not more th~n twenty five (25) feet ~p~rt sh~1I be provided 'Nithin fifteen (15) feet of the perimeter of the setb~ck are~ required by items (1), (2) or (3) ~bove. (ii) For towers more th~n two hundred (200) feet in height, in ~ddition to the requirements for landsc~ping in (8)(i) ~bove, one (1) row of deciduous trees, with ~ minimum caliper of tv..'O and one h~lf (2 1/2) inches ~t time of planting and sp~ced not more than forty (40) feet ~part shall be provided within twenty five (25) feet of the perimeter of the setback ~re~ required by items (1), (2) or (3) ~bo\'e. (iii) In lieu of the ~bove requirements, in special c~ses, including cases where ~ required tree 'Nould be closer to the tower or to ~ guy wire supporting the to\\'er th~n the height of the tree at m~turity, the applicant may prepare a det~iled pl~n ~nd specifications for landsc~pe ~nd screening, including pl::mtings, fences, walls, topogr~phy, etc., to screen to':..ers and ~ccessory uses. The pl3n 4 7 '8 79 80 18~ \82 ~83 ~84 ~85 ~86 ~87 ~88 ~89 ~90 ~9~ ~92 ~93 ~94 ~q5 ~96 ~97 ~~8 ~q9 2.'00 2.0~ 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.~0 2.~~ 2.~2 2~3 2~4 2~5 2~6 2~7 2~8 2~9 220 221 222 ~ 5 3 7 ~8 29 .30 ~3'\ 2.32 233 234 235 236 237 238 239 240 2'~ '\ 242 2,~3 244 2.~5 2;~6 ~ 2;\7 2.~8 2;~9 2'50 25'\ 252 253 254 255 2'56 251 258 259 260 26'\ 262 263 264 265 266 267 ~ 6 I I 268 (a) PurlJose. The purpose of this section is to (1) facilitate the provision of 269 wireless communications services to the citizens and businesses of the City; (2) 270 minimize the risk of physical damaqe and other potential adverse impacts of 271 communications towers; (3) require, where commercially reasonable. the ioint use of 272 communications towers by providers of wireless telecommunications services so as to 273 avoid unnecessary proliferation of communication towers and related facilities; and (4) 274 allow the use of public property under circumstances in which such use (i) minimizes 275 the potential adverse visual and other impacts of communication towers and their 276 appurtenances: (ij) does not adversely affect the operation of public facilities such as 277 public safety communications facilities and water tanks for their primary purpose; and 2:78 (iij) conforms to applicable requirements pertaininq to the use of public property for 2:79 purposes of communication tower sitinq. 280 2~81 (b) PrealJlJlication conference. Prior to submittinq an application for a 282 conditional use permit for a communication tower, the applicant shall meet with the 283 Director of Planninq or his desiqnee in order to discuss: 284 285 286 ~~87 288 289 290 291 292 293 294 295 296 ~~g7 298 299 ~~OO 301 302 303 304 305 306 (1 ) The feasibility of co-Iocatinq the proposed antenna facilities on an existinq communication tower or other suitable structure. includinq a publicly-owned facility. where such use will not adversely affect the primary use of such facility; (2) The availability of suitable alternative sites. includinq publicly- owned sites. for the proposed communication tower; (3) Specific issues presented by the proposed application. includinq, but not limited to. potential interference with qovernmental public safety communications facilities. potential visual and other impacts on nearby properties and means. if any. of eliminatinq or mitiqatinq such potential impacts: (4) The feasibility of camouflaqinq wireless telecommunications equipment: and (5) Such other matters as may be relevant to the application, No application for a conditional use permit for a communication tower shall be accepted by the Planninq Director unless a preapplication conference has been held. 7 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 3,22 323 3,24 325 3,26 3,27 328 3,29 3,30 3,31 332 3,33 334 ~B5 3,36 337 338 339 340 341 342 343 344 345 II II II (c) Application requirements. In addition to the information required by Section 221, applications for a conditional use permit shall include the followinq items: (1) A site plan or plan drawn to scale, showinq the location and desiqn of the proposed tower, includinQ any accessory buildinqs or other appurtenances, vehicular parkinq areas, access points, landscaped areas, adiacent land uses. and any other information required by the PlanninQ Director; (2) A landscapinq plan showinq the type, size, number and location of plant materials, includinQ existinq trees or other plant materials to be used; (3) A report from a professional enQineer licensed in Virqinia, under seal. detailinQ the heiqht. desiqn and total anticipated capacity of the proposed tower, includinq the number and type of antennas that can be accommodated, and any other information deemed necessary by the Buildinq Code Administrator to determine whether such tower conforms to the requirements of the Virqinia Uniform Statewide Buildinq Code. Such report shall also include a certification from the enqineer that the tower is capable of supportinq the total anticipated capacity of the tower, includinq all appurtenances; (4) A certification from a professional enqineer licensed in Virqinia, under seal. that all antennas or antenna arrays intended to be affixed to the proposed tower comply with all applicable requlations promulqated by the Federal Communications Commission pertaininq to the emission of radio frequency radiation; (5) Where the proposed communication tower is to be located within one-Quarter mile of any residential or apartment zoninq district or use, an application shall be supplemented by the followinq materials no later than thirty (30) days prior to the date of the public hearinq before the Planninq Commission: (A) Balloon tests, computer-qenerated photoqraphic simulations showinq such tower in the proposed location. visibility maps, and any other information deemed necessary by the 8 346 347 348 349 350 351 352 353 354 355 356 (6) 357 358 359 3t,30 3;)1 3;)2 3>d3 3134 3135 3136 3,t37 3138 3139 370 3,71 3,72 373 3,74 3,75 3,76 377 378 379 380 381 382 383 '" ,I I Planninq Director to assess the visual impact of the tower and ~sappurtenances: and (8) A summary of the applicant's planned contacts with the residents of the area reqardinq the proposed tower. The applicant shall, as soon as practicable after such contacts have occurred, notify the Planninq Director of the substance of such contacts. includinq the neiqhborhoods or other areas in which residents were contacted by the applicant: Verifiable information satisfactory to the Planninq Director of the lack of available space or structural capacity for the applicant's wireless telecommunications equipment on (i) existinq towers, buildinqs or other structures. (ij) sites on which existinq towers are located, or (iij) sites on which the proposed tower would be less visible from or located a qreater distance from residential or apartment districts than the proposed location. Information submitted to demonstrate such findinqs shall include, but not be limited to: (A) The absence of existinq towers or other structures meetinq the heiqht. structural strenqth or other technical needs of the applicant within the appropriate qeoqraphic area; (8) Enqineerinq analyses demonstratinq that the applicant's proposed equipment would cause interference with the equipment on an existinq tower of other structure. or the equipment on an existinq tower or other structure would cause interference with the applicant's proposed equipment: or (C) Evidence that the rents. fees or other contractual provisions required to co-locate the applicant's antenna equipment on an existinq communications tower. or to construct a communications tower on property to be purchased or leased. would be commercially unreasonable in liqht of the location of the proposed facilities: 9 384 385 386 387 388 389 390 391 392 393 394 395 396 397 3,98 399 400 401 402 403 404 4D5 406 407 4D8 409 410 411 412 413 414 415 416 417 418 419 420 421 422 I I (7) Where the proposed communication tower or antenna is to be located within one (1) mile of an existinq or planned public safety communications facility, an intermodulation study submitted by a professional enqineer licensed in Virqinia. under seal. Such study shall: (A) Include the frequencies used by the City or other public entity for public safety purposes at any site within one (1) mile of the proposed facility; (8) Analyze 2nd. 3rd, 5th and 7th order intermodulation calculations usinq the maximum number of siqnals for each order; and (C) Include the frequencies used for each intermodulation order calculation, the name of the channel used and the bandwidth of each channel; (8) A qeoqraphical map, with sufficient markinqs and detail. illustratinq that the proposed communications equipment will not be located within a 200 - foot buffer of the microwave path between any existinq public safety communications sites: and (9) Where the proposed wireless communication equipment is to be located on a water tank or within the secure area of any water tank site, a security plan showinq the times at which access to the proposed equipment will be allowed, the identities of the persons with authorized access to such facilities and such other information as the Director of Public Utilities may require: provided. however. if such security plan is incorporated in a lease between the City and the applicant. this requirement shall be waived. (d) Locational and de sian requirements. In determininq whether to qrant or deny a conditional use permit application for a new or expanded communication tower or other wireless telecommunication equipment. the City Council shall qive primary consideration to the followinq factors: (1) Whether the antennas or other equipment intended to be affixed to such tower cannot be accommodated on an existinq or approved 10 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 I ,I tower within such radius as is reasonably necessary to provide adequate coveraqe and capacity for any of the followinq reasons: (A) The planned equipment would exceed the heiqht or structural capacity of the existinq or approved tower. and the existinq or approved tower cannot reasonably be modified so as to accommodate the planned equipment. as documented by a licensed professional enqineer; (B) The planned equipment would cause electromaqnetic interference affectinq the usaqe of other existinq or approved equipment. and such interference cannot reasonably be prevented; or (C) Existinq or approved communication towers or other structures within such radius cannot accommodate the planned equipment at a heiqht necessary for its proper functioninq; (2) Whether the proposed communication tower is desiqned structurally and in all other respects to accommodate both the planned equipment and comparable equipment of at least two (2) additional users if the proposed tower is qreater than one hundred (100) feet in heiqht or at least one (1) additional user if the proposed tower is less than one hundred (100) feet in heiqht; and (3) Whether the proposed application conforms. if applicable. to the requirements of subsection (h). pertaininq to public safety communications facilities and water tanks; and (4) Whether the applicant has aqreed. in writinq, to allow the co- location of the equipment of other wireless telecommunications providers. to the extent of the capacitv of the proposed communication tower. upon commercially reasonable terms applicable to the location of the proposed tower. (e) Construction requirements. All communication towers constructed or expanded after the adoption of this section shall comply with or exceed all applicable requirements of the Virqinia Uniform Statewide Buildinq Code. indudinq all model codes 11 ,I ,I 462 incorporated therein. In addition. all such towers shall be non-illuminated and painted 463 such color or colors as to minimize visibility. unless otherwise required by Federal 464 Aviation Administration. Federal Communications Commission or other applicable laws 465 or requlations. 466 467 (f) Landscapina and screenina requirements. Landscapinq and screeninq 468 shall conform to the followinq standards: 469 470 (1) Existinq trees on the lot or within the leased area or other area 471 within the control of the applicant shall be preserved to the 472 maximum extent practicable; 473 474 (2) To the extent permitted by applicable setback requirements. towers 475 shall be located on a site so as to maximize the effectiveness of 476 trees as screeninq; 477 478 (3) For towers one hundred (100) feet or less in heiqht. at least one (1) 479 row of everqreen shrubs forminq a continuous hedqe at least five 4<30 (5) feet in heiqht. with individual plantinqs spaced not more than 4:31 five (5) feet apart. shall be provided. In addition. at least one (1) 432 row of everqreen trees with a minimum caliper of one and three- 433 fourths (1 %) inches at the time of plantinq and spaced not more 434 than twenty-five (25) feet apart shall be provided within fifteen (15) 435 feet of the perimeter of the required setback line; 436 437 (4) For towers more than one hundred (100) feet in heiqht. in addition 4038 to the requirements of subdivision (3) above. one (1) row of 4039 deciduous trees. with a minimum caliper of two and one-half (2 ~) 490 inches at time of plantinq and spaced not more than forty (40) feet 491 apart shall be provided within twenty-five (25) feet of the perimeter 492 of the required setback; 493 494 (5) All required landscapinq shall: (i) be installed in accordance with 495 established procedures usinq plant materials of qood quality. (ij) be 496 installed by the first plantinq season followinq the qrantinq of a 497 conditional use permit. unless appropriate surety in form acceptable 498 to the City Attorney is first provided. and (iij) at all times be 499 maintained in healthy and qrowinq condition. 500 12 Ei01 Ei02 Ei03 Ei04 505 506 507 508 509 510 E;11 E;12 E;13 514 E;15 Ei16 Ei17 Ei18 Ei19 Ei20 Ei21 Ei22 Ei23 Ei24 Ei25 Ei26 Ei27 Ei28 Ei29 Ei30 Ei31 Ei32 533 534 535 536 537 538 539 ; ,I II Existinq landscapinq meetinq the requirements of this section or other screeninq may be used to satisfy the foreqoinq standards, which may be modified by the City Council as it deems appropriate. (q) Setback reauirements. The followinq setback requirements shall apply to communication towers other than those affixed to electrical transmission line structures: 1. Minimum side and rear yard setbacks, as measured from the base of the communication tower, excludinq its appurtenances, shall be fifty (50) feet in residential. apartment. mixed-use and aqricultural districts and twenty-five (25) feet in all other districts, provided, however, that no tower shall be located closer to an existinq residential or apartment structure than a distance equal to one hundred twenty-five per cent (125%) of the heiqht of the tower and provided further, that the minimum setback from any street. as measured from the base of the tower, shall be fifty (50) feet. Notwithstandinq the foreqoinq provisions, the City Council may require a qreater or lesser setback when it deems such other setback to be necessary or advisable to protect existinq or future structures from damaqe, to enhance the screeninq effect of on- or off- site trees or other veqetation, or for other appropriate reasons. 2. Minimum setbacks of equipment buildinqs shall be as specified in the zoninq district requlations. (h) Public safetv communications facilities; water tanks. In liqht of the special security and public safety concerns applicable to sites occupied by City facilities such as public safety communications facilities and water tanks, the followinq additional requirements shall apply: (1) Public safetv communications facilities. No private wireless telecommunications facilities shall be allowed: (i) on sites with public safety communications facilities or within the secure compounds of such sites; (in in any location at which the Director or Communication and Information Technoloqy determines, based upon an intermodulation study required by subdivision (7) of subsection (c), that the operation of the proposed wireless telecommunications facilities would present a substantial possibility of causinq interference with one or more public safety 13 Ei40 Ei41 Ei42 543 544 545 546 547 548 549 550 551 552 5,53 5,54 5,55 5,56 5,57 558 559 5dO 5.31 5d2 5d3 5'34 5~35 5t36 5t37 5t38 5t39 5'70 571 572 573 574 575 576 577 578 I ,I communications facilities and cannot be satisfactorily mitiaated: or (iii) in any location within a 200 - foot buffer of the microwave path of any existina or future public safety communications microwave facility. (2) Water tanks. No private wireless telecommunications facilities shall be allowed on any City water tank or within the secure area of any water tank site unless there is a demonstrable public need for wireless telecommunications services in the area to be served by such facilities and there is no reasonable alternative site available. In such cases. the applicant shall be required. as a condition of the conditional use permit. to comply at all times with a security plan approved by the City Council (i) Other requirements. The followina additional reaulations shall apply to all communication towers: (1) No sianaae shall be permitted on any communication tower; (2) All communication towers and their appurtenances shall comply with applicable reaulations of the Federal Communications Commission and Federal Aviation Administration. Where reaulations and requirements of this section conflict with those of the Federal Communications Commission or the Federal Aviation Administration. the federal requirement shall aovern; (3) All communication towers shall be subiect to periodic reinspection by the Buildina Code Administrator. If any additions, chanaes or modifications are to be made to the structural characteristics of the tower, the Buildina Code Administrator shall have the authority to require proof, throuqh the submission of enaineerina and structural data. that the addition, chanqe or modification conforms to structural wind load and all other requirements of the Uniform Statewide Buildina Code; and (4) Any communication tower or wireless telecommunications equipment that are not in use for a period of one (1) year shall be removed within ninety (90) days after notification by the Planning Director. If not so removed, the City may contract for their removal 14 579 580 581 582 583 584 585 586 587 588 589 5nO 5!)1 592 593 594 595 596 597 598 599 600 601 602 61]3 6')4 6')5 6')6 61)7 608 609 610 611 612 613 614 615 ,I II and charqe the cost thereof to the owner of the communication tower or wireless telecommunications equipment. (j) Communication towers affixed to electric transmission line structures and buildinq-mounted antennas shall be allowed as principal uses where so permitted in the district requlations. provided that the followinq requirements are met: 1. Communication towers and buildinq-mounted antennas shall be made of materials or painted in such manner as to match. to the maximum extent practicable. the color of the structure upon which they are affixed or mounted; 2. Communication towers shall not proiect above the top of the structure to which they are affixed by more than twenty per cent (20%) of the heiqht of the structure: 3. The owner of the communication tower or his aqent submits to the Planninq Director a list containinq the name and last known address of the owner of all abuttinq lots. as shown on the current real estate tax assessment books or current real estate tax assessment records. The Planninq Director shall thereafter notify such property owners of the filinq of the site plan or buildinq permit application seekinq approval of the communication tower. No such site plan or buildinq permit shall be approved for a period of seven (7) days from the mailinq of the notices; and 4. Buildinq-mounted antennas shall conform to the requirements of Section 207 Sec. 301. Use regulations [Preservation District]. (a) Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted. TABLE INSET: USE P-1 Communication towers C 15 6'16 6'17 6'18 619 620 621 622 623 624 625 626 627 628 629 630 6~31 6:32 6:33 6:~4 635 6:36 637 6:38 6:39 640 6.l1 642 6.B 6.l4 6.t5 6,l6 6.t7 648 649 650 651 652 653 654 655 656 657 658 659 660 661 i : II Television or other broadcasting stations and line of sight relay devices C Sec. 401. Use regulations [Agricultural Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE AG-1 AG-2 Buildinq-mounted antennas. subiect to the requirements of Section 207 E E Communication towers meetinq the requirements of Section 232m E E Communication towers. except as specified above C C Television or other broadcasting stations, cellular telephone antenna ~md line of sight rel3Y devices C C Sec. 501. Use regulations [Residential Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. 16 I i 662 Use R40 R~O R~O R-15 ~10 ~ R- 7.5 50 R- R-5S R-2.5 5R Communication towers meetinQ the requirements of Section 232(j) P P P P P P P P P P Communication towers. except as specified above C C C C C C C C C C Television or other broadcasting stations, cellul~r telephone ~ntenn~ aM line of sight rol~y dovices C C C C C C C C C C 6G3 6134 6135 Sec. 601. Use regulations [Apartment Districts]. 61>6 61>7 (a) Principal and conditional uses. The following chart lists those uses 61>8 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures 61>9 in the respective apartment districts shall be permitted as either principal uses indicated 67'0 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 67'1 "X" shall be prohibited in the respective districts. No uses or structures other than as 672 specified shall be permitted. 673 674 Use A-12 A-18 A-24 A-36 J\ntennas, building mounted Buildinq-mounted antennas. subiect to the requirements of Section 207 P P P P Communication towers meetinq the requirements of Section 232(j) P P P P Communication towers. except as specified above C C C C Television or other broadcasting stations, cellul~r C C C C 17 II I il telephone antenna and line of sight relay de'Jices 67'5 676 677 Sec. 701. Use regulations [Hotel District]. 678 679 (a) Principal and conditional uses. The following chart lists those uses 680 permitted within the H-1 Hotel District. Those uses and structures in the district shall be 681 permitted as either principal uses indicated by a "P" or as conditional uses indicated by 682 a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses 683 or structures other than as specified shall be permitted. 684 685 686 Use H-1 Antenna, building mounted Buildinq-mounted antennas, subiect to the requirements of Section 207 P Communication towers meetino the requirements of Section 232(i) E C Communication towers, except as specified above Television or other broadcasting stations, cellul3r telephone antennas and line of sight relay devices C 6B7 6B8 6H9 Sec. 801. Use regulations [Office Districts]. 6nO 6n1 (a) Principal and conditional uses. The following chart lists those uses permitted 6n2 within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective GffiGe 6n3 Districts office districts shall be permitted as either principal uses indicated by a "P" or as 6!l4 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited 695 in the respective districts. No uses or structures other than as specified shall be permitted. 696 USE 0-1 0-2 1 Antennas, building mounted Buildinq-mounted antennas, subiect to the requirements of Section 207 X P Communication towers meetinq the requirements of Section 232m E P Communication towers, except as specified above C C 18 I I Television or other broadcasting stations, cellular telephone antennas and line of sight relay devices C C 697 698 699 Sec. 901. Use regulations [Business Districts]. 700 701 (a) Principal and conditional uses. The following chart lists those uses permitted 702 within the B-1 through B-4K Business Districts. Those uses and structures in the respective 703 business districts shall be permitted as either principal uses indicated by a "P" or as conditional 704 uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 705 respective districts. No uses or structures other than as specified shall be permitted. 706 707 USE B-1 B- B-2 B-3 B- B-4 B- B- 1A 3A 4C 4K Antennas, building mounted Buildinq- mounted antennas meetinq the X X P P P P P X requirements of Section 207 Communication towers meetinq the E E E E E E E E requirements of Section 232m Communication towers. except as X C C C C C C X specified above Radio or television broadcasting stations X C C C C C C X and line of sight relay devices 708 709 710 Sec. 1001. Use regulations [Industrial Districts]. i'11 712 (a) Principal and conditional uses. The following chart lists those uses i'13 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the i'14 respective industrial districts shall be permitted as either principal uses indicated by a 715 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" ,'16 shall be prohibited in the respective districts. No uses or structures other than as 717 specified shall be permitted. 718 719 Use 1-1 1-2 Antennas. buildinq mounted Buildinq-mounted antennas meetinq the requirements of Section 207 P P 19 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 7'~0 7'41 7'42 7'43 7'44 7'45 7'46 7'47 7'48 7'49 7'50 751 752 753 754 755 756 757 758 759 760 ,I ,I Communication towers meetinq the requirements of Section 232(i) .E C .E C Communication towers. except as specified above Radio or television transmission, cellul3r telephone 3ntenn3 and relay stations C C Sec. 1501. Use regulations [RT-1 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-1 Building-mounted antennas meetinq the requirements of Section 207 p Sec. 1511. Use regulations [RT-2 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-2 Resort Tourist District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-2 l\ntenn3S, building mounted Buildinq-mounted antennas meetinq the requirements of Section 207 P Communication towers C Radio and television broadcasting stations, cellul3r 3ntenn3 3nd line of sight rel3Y devices C 20 1 1 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 730 731 732 733 784 785 ,I il Sec. 1521. Use regulations [RT-3 Resort Tourist District]. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 /\ntenn3S, building mounted Buildina-mounted antennas meetina the reauirements of Section 207 P Communication towers C Radio and television broadcasting stations, cellular ~mtenna and line of sight relny devices p Adopted by the Council of the City of Virginia Beach, Virginia, on this 26th day of August, 2008. 21 , I II - 55 - Item V-L.6.c. ITEM 57954 PLANNING The following registered in SUPPORT: Joan Salvati, 101 North 154th Street, Richmond, Phone: (804) 225-3440, Director - Chesapeake Bay Local Assistance, represented the Virginia Department of Conservation and Recreation. The following registered in OPPOSITION: Brad Martin, 2305 Bayville Road, Phone:460-6278 John Olivieri, 1213 Kiitiwake Court, Phone: (757) 961-0740\ Billy Garrington, 471 Southside Place Attorney R. E. Bourdon, Pembroke One 5th Floor, Phone: 499-89761 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ACCEPTED the PLANNING COMMISSION'S RECOMMENDATION TO DENY: Ordinance to AMEND Appendix F ~ Chesapeake Bay Preservation Area Ordinance, re inclusion of water surface area of a swimming pool in the calculation of impervious cover Voting: 10-0 Council Members Voting Aye; Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj: John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay; None Council Members Absent: William R. "Bill" DeSteph August 26, 2008 Item V.M. - 56 - ITEM 57955 BY CONCENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE II I II II August 26, 2008 i i i I - 57 - Item v'M.1. ITEM 57956 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael Louis Cullipher 4 year term 10/1/08 - 09/30/12 A GRICULTURAL AD VISOR Y COMMISSION Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 ,I ,I - 58 - Item V.M.2. ITEM 57957 APPOINTMENTS Upon NOMINA TION by Vice Mayor Jones, City Council REAPPOINTED: Dr. W. Andrew Dickson, Jr. 5 year term 09/01/08 - 08/31/13 Delegate Harry R. Purkey 5 year term 09/01/08 - 08/31/13 COMMUNITY MEDICAL ADVISORY COMMISSION Voting; 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 I I I I - 59 - Item V.M.3. ITEM 57958 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Donald V. Jellig 4 year term 09/01/08 - 08/31/12 Jerrold L. Miller 4 year term 09/01/08 - 08/31/12 DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye; 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: William R. "Bill" DeSteph August 26,2008 , ,II - 60- Item v'M.4. ITEM 57959 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Nicholas F. Anoia 3 year term 09/01/08 - 08/31/11 J. Michael Fentress 3 year term 09/01/08 - 08/31/11 Paula Knight 3 year term 09/01/08 - 08/31/11 AND, APPOINTED: Student Brian Mitchell (Tallwood High School)- 2 year term 09/01/08 - 06/30/10 PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph August 26, 2008 I ,I - 61 - Item v.M. 5. ITEM 57960 APPOINTMENTS Upon NOMINA TION by Vice Mayor Jones. City Council REAPPOINTED: Joseph W. Hood 3 year term 09/01/08 - 08/31/11 Carol K. Weinstein 3 year term 09/01/08 - 08/31/11 AND, APPOINTED: Student Linh Nguyen (First Colonial Legal Academy)- 2 year term 09/01/08 - 06/31/10 PUBLIC LIBRAR Y BOARD Voting: 10-0 Council Members Voting Aye: 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; William R. "Bill" DeSteph August 26, 2008 I il - 62 - Item v.M. 6. ITEM 57961 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Richard A. Algaban 3 year term 09/01/08 - 08/31/11 REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 I II - 63 - Item v.M. 7. ITEM 57962 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Molly P. Brown 5 year term 10/01/08 - 09/30/13 Stephen Vinson 5 year term 10/01/08 - 09/30/13 AND APPOINTED, Jeff Marks 5 year term 1 0/01/08 - 09/30/13 Patrick Shuler 5 year term 10/01/08 - 09/30/13 Barbara M. Wolcott, AS ALTERNA TE 5year term 10/01/08 - 09/30/13 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 - 64- Item v'M.8 ITEM 57963 APPOINTMENTS Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert S. Miller 4 year term 10/01/08 - 09/30/13 Ronald Ripley 4 year term 10/01/08 - 09/30/13 WORKFORCE HOUSING ADVISORY COMMITTEE Voting; 10-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph August 26, 2008 I ,I - 65 - Item V. O. ITEM 57964 NEW BUSINESS Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council CANCELLED all City Council Sessions of November 4 and 11, 2008. Voting: 9-0 Council Members Voting Aye: 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, and Rosemary Wilson Council Members Voting Nay: None Council Members Absent; William R. "Bill" DeSteph and James L. Wood August 26, 2008 I II - 66- Item V. o. ADJOURNMENT ITEM # 57965 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:56 P.M. l::2J?-~_--c2~fj~-~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ------~ uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 26, 2008 - 66- Item V. o. ADJOURNMENT ITEM # 57965 Ii i II II Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:56 P.M. az~___~~_~_~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk --~--!)~ Oberndorf uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia August 26, 2008 I I ; I rstamendmentcenter.org: Religious Liberty in Public Life - Free-exercise Clause Topic I I I I I Page 1 0 -' 3 ~ First Anlendnlent Center ,';WWfll,t.H1H'ndmenlc8r1t81 or~ D D cas.. & r..ourc.. Home> Topics> Religious liberty> Free-exercise clause> RLUIPA, religious bUildings & zoning Overview > By John Ferguson Contributing writer As its name suggests, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) 1 was passed by Congress in an effort to protect the religious rights of prisoners and of people who wish to use property for religious purposes when zoning laws forbid such uses. ~ Yet from its inception state and local governments have repeatedly challenged the law's constitutionality in court. Many judges hearing these challenges have ruled that the law is constitutional, J but increasingly, federal appeals courts are split on the issue. The language of RLUIPA is surprisingly clear. It requires, "No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution," unless the government can demonstrate that it has a "compelling governmental interest" in the regulation and there is no less- burdensome method of meeting that interest. The law goes on to provide similar restrictions on "substantial burden on the religious exercise of a person residing in or confined to an institution." 4 Both the language and the legal concepts described closely track RLUIPA's ideological predecessor, the Religious Freedom Restoration Act (RFRA), which was held unconstitutional by the Supreme Court in 1997. While some states passed additional protection for religious conduct, Congress passed RLUIPA as an effort to provide protections at the federal level. Land-use and law enforcement groups responded swiftly to RLUIPA's passage. Lawsuits claiming RLUIPA violated the establishment clause were filed, with mixed results. Conflicting rulings in the circuit courts made U.S. Su preme Cou rt intervention necessa ry. The 2004-2005 Supreme Court term resolved some of these issues. Although the Court denied certiorari in June 2005 to a Virginia prisoner in the case of Bass v. Madison, it did agree to hear a strikingly similar case - Cutter v. Wilkinson. Cutter concerned claims by prisoners that Ohio prison regulations denying them access to religious literature and the opportunity to conduct religious SEARCH MORE I I free-exercise clause issues> Workplace religious liberty RLUIPA, religious buildings & zoning Blue laws Prisoners' rig hts http://www . firstamendmentcenter . org/rel_liberty /free _exercise/topic .aspx?topic=religious _buildings 8/28/2008 I I rstamendmentcenter.org: Religious Liberty in Public Life - Free-exercise Clause Topic services violated RLUIPA. The state argued that the RLUIPA provision involving prisoners was unconstitutional under the establishment clause. The Court unanimously backed RLUIPA. Page 2 0 ;' 3 Though Cutter did not concern RLUIPA's land-use provisions, both the prisoner and land-use portions of RLUIPA share much the same language. This similarity leads many to believe that the Court's rationale in the prisoner context will readily be usable in the land-use arena. That is why the Court's unanimous decision upholding RLUIPA in Cutter is viewed as good news to those hoping to rely on RLUIPA in various zoning disputes. Many scholars say this guidance suggests that courts could reasonably find all of RLUIPA constitutional. Updated August 2008 Notes 1 42 U.S.C. sections 2000cc to 2000cc-5. 2 See 146 Congressional Record 5.7774, 7775. 3 Decisions upholding RLUIPA include Mayweathers v. Newland, 314 F.3d 1062 (9th Cir. 2002), cert. denied, Oct. 6, 2003; Charles v. Verhagen, 220 F.Supp.2d 955 (W.D. Wis. 2002), upheld on appeal (7th Cir. Oct. 30, 2003); Freedom Baptist Church v. Middletown, 204 F. Supp. 2d 857 (E.D.Pa. 2002); Johnson v. Martin, 223 F.Supp.2d 820 (W.D. Mich. 2002); and Gerhardt v. Lazaroff, 221 F.Supp.2d 827 (S.D. Ohio 2002). Additionally, in the prison- rights case of Marria v. Broaddus, a federal district court in New York observed that neither side in that case disputed the constitutionality of RLUIPA and that the court therefore assumed it was constitutional. 2003 U.s. Dist. LEXIS 13329 (S.D.N.Y. July 31, 2003). Although a federal district court ruled in Ghashiyah v. United States that RLUIPA's prisoner-rights provisions were unconstitutional, the court noted, "A number of courts have addressed the issue of whether RLUIPA is constitutional; most have held that it is." 250 F. Supp. 2d 1016 (E.D. Wis. 2003). 442 U.S.c. sections 2000cc. Related Home prayer meetings ruled legal Federal judge says Connecticut family has right to hold gatherings despite complaints about crowds. 10.06.03 Oregon court upholds rejection of church building plan Salem neighborhood protested Monnon church's proposal to build meetinghouse, parking lot amid homes. 03.25.04 Archdiocese sues Louisville over control of its property Church says government interferes with religious freedom by refusing to allow buildings to be leveled for parking. 07.07.04 Unanimous Court upholds RLUIP A Justices side with inmates who sued to practice non-mainstream religions. 05.31,05 Ruling holds zoning laws can't prevent yeshiva addition http://www .firstamendmentcenter .org/rel_liberty /free _ exercise/topic.aspx?topic=religious _buildings 8/28/2008 I I irstamendmentcenter.org: Religious Liberty in Public Life - Free-exercise Clause Topic Page 3 cf 3 But federal judge, acknowledging different interpretations of RLUIP A, says case involving New York village should go to 2nd Circuit. 03.06.06 Va. county tries to lasso 'cowboy church' Official alleges that worship services in barn violate local zoning, safety codes. 06.12.06 Muslim group sues N.J. town over effort to build mosque Federal lawsuit aIleges religious discrimination after decision to seize land for open space. 07.19.06 Muslim inmate ordered to handle pork can sue staff 3rd Circuit: Defendants had 'fair warning' from other courts that they should 'respect, and accommodate when practicable' prisoner's religious concerns. 07.26.06 1st Circuit: R.I. inmate can sue over preaching ban Unanimous three-judge panel rejects correction officials' argument that man's sermons presented security threat. 04.09.07 Buddhists lose bid to build temple in Conn. State high court rejects claim that town of Newt own violated federal religious-freedom law when it denied permit for building. 01.31.08 Ariz. church sues city after zoning permit denied Lawsuit: Yuma is discriminating by enforcing zoning code that allows membership groups, theaters to locate in historic district while excluding religious groups. 06.09.08 Md. town accused of discriminating against Muslim group Developer who planned to sell 224 acres to religious community files federal lawsuit claiming Walkersville officials violated First Amendment by barring mosque on farmland. 07.08,08 Religious Freedom Restoration Act analysis By Greg Groninger Analysis of U.S. Supreme Court's ruling in City of Boerne v. Flores, which struck down RFRA. 11.16.04 Court: Congress strikes right religious-protection balance By Tony Mauro Justices find RLUIPA properly navigates between sometimes conflicting demands of the religion clauses. 06.01.05 Zoning religion: the battle over RLUIP A By James D. McWilliams Law guarding religious buildings rarely overruled, but application may be limited. 08.09.05 Religious freedom: inherent right or gift of the state? By Charles C. Haynes Supreme Court decision upholding church's right to use hallucinogenic tea should have been decided under First Amendment's free-exercise clause. 03.05.06 Accommodating religion: Special favors or religious freedom? By Charles C. Haynes What may sound like unfair breaks for religious groups in areas from taxes to zoning may actually be protecting free exercise of religion. 10.15.06 ~ Print Last system update: Thursday, August 7,2008115:43:50 http://www . firstamendmentcenter .org/rel_liberty /free _ exercise/topic.aspx?topic=religious buildings 8/28/2008