SEPTEMBER 23, 2008 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYHRA E. OBERNDORF, AI-LarKe
VICE MAYOR LOUIS R. JONES, Bay.l'lde - Dlslnct .j
WILLIAM R. DeSTEPH, At-l,arKe
HARRY E. DIHZ/:L, Kempsville - Dlstnct 2
ROBHRT M. DYI:'R" Cemer",IIe - Dwnctl
IlARBARA M. Hl:NLEY, Princess Anne DWnct 7
IIEBA S. McCLANAN, Rose Hall - Dls/rtct 3
JOHN E. UHRIN, Beach District 6
RON A VfUANUEVA, At-Large
IWShMARY WILSON, At-Large
JAMES L. WOOf), Lynnhaven -Dlstnct 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
( 'ITY MANAGER - JAMES K SPORE
('fTY ATTORNEY - LESLIE L LlUEY
( 'lIT CLERK - JI[ ITH HODGES FRASER, MMC
23 SEPTEMBER 2008
I.
CITY COUNCIL COMMENTS
- Conference Room -
1:30 PM
Il REVIEW OF AGENDA
Ill. INFORMAL SESSION
- Conference Room -
2:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Chaplain H. L. Petrie, USN, Ret.
Virginia Beach Police Association
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
September 9,2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. EXCESS CITY PROPERTY - Interfacility Traffic Area
conveyance of easement - North Landing Road
2. CITY PROPERTY - Operation Smile, Inc.
a. DEDICATION - Faculty Boulevard and South Rosemont Road
b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road
I. PUBLIC COMMENT
1. 2009 COMMUNITY LEGISLATIVE AGENDA
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND S 21-303 of the City Code re Motor Vehicle and Traffic Code pertaining
to parking vehicles for sale or rent.
2. Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to
convey same to Operation Smile, Inc. and Tidewater Community College; ACCEPT
property from Old Dominion Real Estate Foundation; AUTHORIZE the execution of a
Development Agreement with Operation Smile, Inc.; and, GRANT an option to acquire City
property to Operation Smile, Inc. and the Old Dominion Real Estate Foundation.
3. Ordinance to AUTHORIZE the City Manager to execute an Agreement for the exchange of
real property with the United States of America to acquire Marshview; to CONVEY a
restrictive easement for the Inter-Facility Traffic Area (IT A) and ACCEPT a Quitclaim Deed
from the Navy for this property.
4. Resolution to DEVELOP an Environmental Sustainability Program known as "Go Green
Virginia Beach: the sustainable Virginia Beach Initiative" endorsed by the Virginia Municipal
League's (VML) Executive Committee.
5. Resolution re proposed issuance of certain tax-exempt Revenue Bonds by the Southeastern
Public Service Authority (SPSA) with a portion of the proceeds to be used for facilities located
in Virginia Beach.
6. Resolution to ENDORSE the Elizabeth River 2008 Watershed Action Plan and SUPPORT its
restoration and conservation.
7. Resolution to ENDORSE the Report of Housing and Neighborhood Preservation and
DIRECT City Staff to develop proposals to implement its recommendations.
8. Ordinance to MODIFY the Virginia Board of Corrections Construction Standards re the
Corrections Center In building maintenance and landscape.
9. Ordinances to ACCEPT Grants from the Virginia Department of Motor Vehicles (VDOT) and
APPROPRIATE to the Police Department's FY 2008-09 Operating Budget:
a. $51,570 with $10,314 matching funds re enforcement of seat belt laws
b. $67,930 with $13,586 matching funds re enforcement ofDUI laws
10. Ordinance to ACCEPT a $70,000 Grant from the Virginia Mental Health, Mental Retardation
and Substance Abuse Services to Human Services' FY 2008-09 Operating Budget to meet
Mental Health state regulations.
L. PLANNING
1. Applications for Conditional Use Permits:
a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike.
DISTRICT 1 - CENTERVILLE
DEFERRED
RECOMMENDATION
August 12 and September 9,2008
APPROVAL
b. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
September 9,2008
APPROVAL
M. APPOINTMENTS
HISTORIC SITES ORGANIZING COMMITTEE
HUMAN RIGHTS COMMISSION
P ARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
WORKFORCE HOUSING ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
30th Anniversary of the Office of V olunteer Resources
September 24, 2008
4:00 - 6:00 PM
V olunteer Recognition Garden
!
Citv Council Sessions for November and December 2008
,
November 4 Election Day - No Sessions
November 11 Veteran's Day - No Sessions
November 18 Briefing, Informal, Formal, including Planning
November 25 Briefing, Informal, Formal, including Planning
December 2 Briefing, Informal, Formal, including Planning
December 9 Briefing, Informal, Formal, including Planning
i
Comprehensive Plan Open Houses
September 29,2008 Creeds Elementary District #7 - Princess Anne
7:00 - 9:00 PM
October 2, 2008 Landstown High School
7:00 - 9:00 PM District #7 - Princess Anne
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
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 09/23/08 gw
www.vbgov.com
.
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 23, 2008
Mayor Meyera E. Oberndorf called to order the City Council Session in the City Council Conference
Room, Tuesday, September 23, 2008, at 1:30 P.M to hear City Council's comments.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary
Wilson and James L. Wood
Council Members Absent:
Barbara M Henley
[At hospital awaiting the birth of
new grandchild]
John E. Uhrin
Entered: 1:47 P.M]
Ron A. Villanueva
[Entered: 1:40 P.M]
September 23, 2008
- 2 -
CITY COUNCIL COMMENTS
1:30 P.M.
ITEM # 58029
Mayor Oberndorf advised Council Lady Henley is at the Hospital awaiting the birth of her new
grandchild.
ITEM # 58030
Councilman Dyer advised that on April 3, 2007, this City Council unanimously passed the concept the
Blue Ribbon Tax, Fee and Spending Task Force. The City Council Retreat proved this Task Force has
been a success. As the City faces an uncertain financial future, Virginia Beach will be better prepared.
The Task Force serves in an advisory capacity to City Council with a Local Tax and Fee Subcommittee
and a Local Spending Subcommittee. The Subcommittees comprehensively analyze the impact of the
City's revenue sources and taxing structure and identify alternative tax and fee funding sources designed
specifically to reduce the City's dependence on real estate tax revenue. Spending policies and strategies
supported are defined by spending ratios and measures that guide and/or control spending within
sustainable levels.
Last Friday, September 19, 2008, Councilman Dyer and other Members of City Council met with the
City Manager and Lyle Sumek, Facilitator. concerning implementation of the recommendations of the
Task Force especially related to the Strategic Plan. Mr. Sumek, in coordination with the City Manager
and staff, developed a "rough" document entitled: Virginia Beach Vision 2021, Goals 2013 with
objectives Initiatives in Progress and Major Projects.
Discussions entailed re placing these concepts on the City's website. As an example, one could "click"
on "gang intervention ". A drop box would appear with current and future activities related to gangs.
This would also supply the City Council with resource pools.
Council Lady Wilson concurred with this concept allowing citizens the capability to access all the
information in one place.
The City Manager advised the average citizen could access and tie the Budget strategy and
Comprehensive Plan together and when these various initiatives would be scheduled for a City Council.
Agenda., Public Conversation or Comment.
ITEM # 58031
The City Council "shinned" during the BRAC negotiations. Working with the City Attorney. City
Manager and the Navy, the result was successful.
Councilman Dyer referenced the concept of rather than holding three (3) City Council Formal Sessions
and a Workshop each month, there be two (2) Formal Sessions and two (2) Workshops. This was
discussed during City Council's Retreat. This would allow more time for deliberation of issues between
the City Council, City Manager, City Attorney and City staff. The "open mike" night has been a success
and should be retained.
Council Lady Wilson would welcome the opportunity to have more dialogue among the City Council
Members and concurred with the concept of two (2) Formal City Council Sessions and two (2)
Workshops each month. This works very well in July and December when two (2) Formal Sessions of City
Council are scheduled by City Code. However, in these two (2) months, there are no Workshops. She
believes the meetings should be on the Second and Fourth Tuesdays of the Month, as the School Board
meets on the First and the Third Tuesday. Quite often, citizens are interested in the activities of both the
City Council and School Board and they would not have to choose which meeting to attend or view. Also,
School staff could attend the Council meetings if desired and City staff could attend the School Board
meetings.
September 23.2008
- 3 -
CITY COUNCIL COMMENTS
ITEM # 58031 (Continued)
The City Manager advised an ordinance would be needed to adjust the City Council Sessions.
Councilman Dyer suggested a DRAFT Ordinance be developedfor City Council discussion and review.
This process could be inclusive, including the School Board and the City's Legislatures in budgetary
discussions, not just communication among the City Council.
Council Lady McClanan noted citizens must be heard during the City Council Sessions. The citizens need
to also review this change. 'Half of the Civic Leagues in the City meet on Tuesday night. Virginia is a
DILLON Rule State. The City cannot change this. This significantly impacts the City's decision making.
ITEM # 58032
The state may cut 15% of the City's funding. The City is facing an economic storm.
Mayor Oberndorf advised she attended the Hampton Roads Partnership meeting in Williamsburg.
Governor Kaine advised he sent directives to all his departments for a 5%/10%/15% expense cut in every
area. His advice was the elective officials need to schedule their plans according to the amount offunding
which will be withdrawn from the State. The Mayor advised funding needs to be set aside to make the
City's payments on the bonded indebtedness so as not lose the City's Triple A Bond rating.
The City Manager advised the staff is working on a similar process at the local level. Portsmouth has
been utilizing their undesignated fund reserve for the last three (3) years for operating expenses. This
should not be done on an ongoing basis.
Mayor Oberndorf advised Virginia Beach has a Triple A Bond rating only as a result of good
management.
ITEM # 58033
Councilman Wood referenced the 3f1h Anniversary Celebration of the Office of Volunteer Resources,
September 24, 2008, 4:00 P.M. to 6:00 P.M., Volunteer Recognition Garden. Councilman Wood
requested the City Council's attendance, as well as the Department Directors. There is no department
that could not benefit from utilizing volunteers.
Mayor Oberndorf advised there are over 20,000 volunteers that save the public over $15-MILLION a
year which does not have to be raised in taxes.
ITEM # 58034
Councilman Uhrin referenced the Tourism Advertising Budget on the State level. A few short years ago,
the Budget was over $20-MILLION, expended State-wide to attract tourism to the State, as well as the
City of Virginia Beach. This budget has been cut many times and has reached a statewide low of $11-
MILLION. This has returned to approximately $14-MILLION; however this is still far below the
previous allocation and also the funding of competitive states Councilman Uhrin requested the City
Council consider including in their Community Legislative Agenda, a request to the State to consider
increasing this Budget, and ifnot in this Budget Cycle, to consider an increase in the near future.
Councilman Uhrin distributed correspondence from Jim Ricketts, Director - Convention and Visitors
Bureau, verifying the status of other states.
September 23,2008
-4-
CITY COUNCIL COMMENTS
ITEM # 58035
Councilman Uhrin advised several City Council Members had requested a fiscal quantification of the
merits of the Hilton Project (3rt Street development). Councilman Uhrin met with the developer and also
worked with Phillip Kellam, Commissioner of the Revenue and Patricia Phillips, Director - Finance, to
quantify the tax revenue stream which goes directly to the City and compare the projections of the
original project.
Councilman Uhrin distributed correspondence re Comparison of 3rt Street Development Revenue, from
David A. Bradley, Management Services Administrator, dated September 23, 2008. Said letter is hereby
made a part of the record
ote ax na(YS1S
Projected Gold Key/PHR Difference
Real Estate, Personal September 16th Letter
Property, BPOL , Hotel
and Motel and Rent
/Franchise Fees $ 2,380,822 $ 3,458,042 $ 1,077, 220
City of Virginia Beach
3rt R 1I'i A I .
ITEM # 58036
Councilman Villanueva, Liaison - Communications and Information Technology, complimented COMIT
on their improved and much more user friendly website.
ITEM # 58037
Mayor Oberndorf referenced attending the Elizabeth River next phase re cleaning up the Eastern
Branch. Representatives from neighboring cities, the Army Corps of Engineers, private industry,
Hampton Roads Sanitation District, as well as students of the Chesapeake School system resulted in an
impressive attendance. By the year 2020, the citizens will be able to boat, swim and fish on the Eastern
Branch.
September 23,2008
- 5 -
AGE N DA REV IE W S E S S ION
2:00 P.M.
ITEM # 58038
Concerning the Public Hearing re Operation Smile and South Rosemont Road, the City Manager advised
staff would be pleased to present information upon request from any Civic League.
ITEM # 58039
Vice Mayor Jones noted the City Attorney just brought some good news. Through the Oceana Land Use
Committee, the City has been working with the Navy re additional funds to purchase restrictive
easements in the Inter-facility Traffic Area (IT A). The United States Navy has just committed to an
increase of approximately $4,000,000 to $7,072,050.
Mayor Oberndorf advised the Governor mentioned this increase during the Hampton Roads Partnership
meeting.
The City Manager distributed a proposed Ordinance and requested it be added to today's Agenda:
Ordinance AUTHORIZING Amendment to multi-year Agreement between the United
States of America and the City of Virginia Beach for Encroachment Partnering funds in
the Inter-facility Traffic Area (ITA), to increase the Navy's funding obligation by
approximately $4,000,000 to $7,072,050.
On September 25, 2007, the City Council adopted Ordinance 3000B, which authorized the City Manager
to execute, on behalf of the City, an agreement with the United States of America, Department of the
Navy, in which the Navy and the City agreed the City would convey to the Navy restrictive easements
over property the City acquires in the Inter-facility Traffic Area (the "ITA "), and the Navy would pay the
lesser of the fair market value of the easement or 50% of the City's acquisition cost of each IT A property
(the "Encroachment Partnering Agreement ").
The Encroachment Partnering Agreement delineated the Navy would provide initial funding in the
amount of $3,000,000 and additional funds were being sought and would be accomplished by a
modification of the Encroachment Partnering Agreement. The Navy has applied for and the Federal
Government intends to approve additional funding of approximately $4-MILLION, requesting a
modification of the Encroachment Partnering Agreement to increase the Navy's intended obligation
from $3,000,000 to approximately $7,072,050. The exact additional amount will be determined as
available funds are obligated at the end of the Federal fiscal year. The Navy's fiscal year ends September
30, 2008, and the amendment to the Agreement must be signed on behalf of the City prior to that date.
September 23,2008
- 6 -
AGE N DA REV IE W S E S S ION
ITEM # 58040
K.2 Ordinance to DECLARE City property EXCESS and AUTHORIZE the City Manager to convey
same to Operation Smile, Inc. and Tidewater Community College; ACCEPT property from Old
Dominion Real Estate Foundation; A UTHORlZE the execution of a Development Agreement with
Operation Smile, Inc.; and, GRANT an option to acquire City property to Operation Smile, Inc.
and the Old Dominion Real Estate Foundation
The City Manager expressed appreciation to David A. Bradley, Management Services Administrator, for
his dedicated efforts involved re the agreement.
The City Manager advised Richard Bandenburg, Chief Strategy Officer - Operation Smile. is in
attendance to respond to any questions
ITEM # 58041
K. 3. Ordinance to A UTHORIZE the City Manager to execute an Agreement for the exchange of real
property with the United States of America to acquire Marshview (at Rudee Inlet); to CONVEY a
restrictive easement for the Inter-Facility Traffic Area (ITA) and ACCEPT a Quitclaim Deedfrom
the Navy for this property
Cuoncilman DeSteph advised he could not determine the location of the restrictive easement consisting of
46.59 acres on the map provided
Deputy City Attorney Kubin advised this property is located between Indian River Road and Salem Road
(fronts on Salem and backs up to Indian River). Maps will be provided to all City Council Members.
The City Manager advised the approval of the Marshview agreement entailed twelve (12) years of effort.
This will be a tremendous addition to the open space system in the City.
ITEM # 58042
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND ~ 21-303 of the City Code re Motor Vehicle and Traffic Code
pertaining to parking vehicles for sale or rent.
2. Ordinance to DECLARE City property EXCESS and A UTHORIZE the City
Manager to convey same to Operation Smile, Inc. and Tidewater Community
College; ACCEPT property from Old Dominion Real Estate Foundation;
A UTHORlZE the execution of a Development Agreement with Operation Smile, Inc.;
and, GRANT an option to acquire City property to Operation Smile, Inc. and the
Old Dominion Real Estate Foundation.
3. Ordinance to AUTHORIZE the City Manager to execute an Agreementfor the
exchange of real property with the United States of America to acquire Marshview:
to CONVEY a restrictive easement for the Inter-Facility Traffic Area (ITA) and
ACCEPT a Quitclaim Deedfrom the Navy for this property.
September 23, 2008
- 7 -
AGE N DA REV IE W S E S S ION
ITEM # 58042 (Continued)
4. Resolution to DEVELOP an Environmental Sustainability Program known as "Go
Green Virginia Beach: the sustainable Virginia Beach Initiative" endorsed by the
Virginia Municipal League's (VML) Executive Committee.
5. Resolution re proposed issuance of certain tax-exempt Revenue Bonds by the
Southeastern Public Service Authority (SPSA) with a portion of the proceeds to be
usedfor facilities located in Virginia Beach.
6. Resolution to ENDORSE the Elizabeth River 2008 Watershed Action Plan and
SUPPORT its restoration and conservation.
7. Resolution to ENDORSE the Report of Housing and Neighborhood Preservation and
DIRECT City Staff to develop proposals to implement its recommendations.
8. Ordinance to MODIFY the Virginia Board of Corrections Construction Standards re
the Corrections Center III building maintenance and landscape.
9. Ordinances to ACCEPT Grants from the Virginia Department of Motor Vehicles
(VDOT) and APPROPRIATE to the Police Department's FY 2008-09 Operating
Budget:
a. $51,570 with $10,314 matchingfunds re enforcement of seat belt laws
b. $67,930 with $13,586 matchingfunds re enforcement of DUI laws
10. Ordinance to ACCEPT a $70,000 Grantfrom the Virginia Mental Health, Mental
Retardation and Substance Abuse Services to Human Services' FY 2008-09
Operating Budget to meet Mental Health state regulations.
September 23,2008
- 8 -
AGE N DA REV IE W S E S S ION
ITEM # 58043
L.1. Applications for Conditional Use Permits:
a. CENTERVILLE BINGO, INC. re a bingo hall at 1920 Centerville Turnpike.
DISTRICT 1 - CENTERVILLE
b. VIRGINIA BEACH INK re a tattoo studio at 612 Nevan Road.
DISTRICT 5 - LYNNHA VEN
These items have speakers registered and will be discussed during the Formal Session.
September 23,2008
- 9 -
ITEM # 58044
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 oj or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and 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: Princess Anne Athletic Center
Town Center Phase IV
LEGAL MA TTERS: 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 such counsel pursuant to Section 2.2-3711 (A)(7).
Team Effort, Inc. t/a Hammerheads v. City of Virginia Beach, et al
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 2:20 P.M.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis
R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
(Closed Session: 2:20 P.M. - 5:30 P.M.)
(Dinner: 5:30 P.M. - 5:55 P.M.)
September 23,2008
- 10-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 23, 2008
6:00 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, September 23,2008, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
Barbara M Henley
[Awaiting the birth of her new grandchild]
INVOCA TION: Chaplain H L. Petrie, USN, Ret.
Virginia Beach Police Association
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
regularly makes this disclosure. Vice Mayor Jones' letter of April] 0, 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.
September 23,2008
- 11 -
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.
September 23,2008
- 12 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 58045
Upon motion by Councilman Villanueva, 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: 10-0
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
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 #58044, Page 9, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW; 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.
~
th Hodges Fraser, MMC
City Clerk
September 23, 2008
- 13 -
Item V-F.1
ITEM # 58046
Upon motion by Councilman Uhrin, seconded by Councilman Diezel" City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of September 9,2008.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
I I
- 14 -
Item V-G.]
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 58047
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Ordinance AUTHORIZING Amendment to multi-year Agreement between the United
States of America and the City of Virginia Beach for Encroachment Partnering funds in
the Inter-facility Traffic Area (IT A), to increase Navy's funding obligation by
approximately $4,000,000 to $7,072,050.
September 23, 2008
- 15 -
Item V-H.J.
ITEM # 58048
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY - lnterfacility Traffic Area
conveyance of easement - North Landing Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
September 23, 2008
I ;
- 16-
Item V-H.2.a.b.
ITEM # 58049
Mayor Oberndorf DECLARED A PUBLIC HEARING:
CITY PROPERTY - Operation Smile, Inc.
a. DEDICATION - Faculty Boulevard and South Rosemont Road
b. OPTION TO PURCHASE - Concert Drive and South Rosemont Road
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
September 23,2008
- 17 -
Item V-H.2.a.b.
PUBLIC COMMENT
ITEM # 58050
Mayor Oberndorf INVITED PUBLIC COMMENT:
2009 COMMUNITY LEGISLATIVE AGENDA
The following registered to speak:
William Bailey, 4841 Rosecroft Street, Phone: 288-5761, Sixth District Vice President - Virginia State
Firefighters. Mr. Bailey distributed the Virginia Professional Fire Fighters 2009 Legislative Agenda.
Mr. Bailey registered opposition to the following items of the proposed Community Legislative Agenda:
"(10) Automatic Enrollment for New Employees into the City's Deferred Compensation Program, (11)
Do Not Refund Employer Paid Contributions and (12) Job-Related Disability Retirement: Alternative
Eligibility Guidelines. Considering the state of the economy, there should !1!!1...be a mandatory enrollment
in Deferred Compensation. Funds going to the Virginia Retirement System are no longer the City's
money, they belong to the employee. Virginia is not having a problem with the Disability Retirement
program. Disabilities are controlled by the locality and the City has the option to keep an employee,
should they be injured in the line of duty. Without hesitation, public safety officers respond to
emergencies across the City and without hesitation put their lives on the line to protect the citizens. "
Councilman Diezel advised the larger issue relates to employee compensation. City Council has agreed
to discuss the issues for all future employees and the fiscal impact which it can and will make on City
revenue. Councilman Diezel will ask City Council to withdraw those provisions cited by Mr. Bailey, as
well as others which he will indicate "in writing".
Councilman Diezel advised there are a number of options for which this City Council needs to develop a
policy. Reviewing long term ramifications and employee benefit packages, the Employee Review Task
Force realized how expensive and how intertwined they are with local government in general. This needs
to be examined almost as a separate item. If there is to be a policy indicating the City wishes the "best
employees, " then a method to retain these employees must be devised. The cornerstone of the retention
will be the Benefits Package as well as the Job Description. There have been a number of Public Safety
Officers who want to work but have not been able to because of the City's internal policy re disability.
There may be options which have not yet been explored.
Councilman DeSteph advised Item No. 11 was in last year's Community Legislative Agenda and was
pulled then. Number 12 re change in Disability Retirement was discussed during the Employees Review
Task Force. He believes the retirement issue must be addressed again; the Virginia Retirement System
cannot be sustainedfor the future with new employees.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT.
September 23,2008
- 18 -
Item V-H.J.
ADD-ON
ITEM # 58051
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADDED to the
Consent Agenda. as Item K-11 under Ordinances/Resolutions:
Ordinance A UTHORIZING Amendment to multi-year Agreement
between the United States of America and the City of Virginia Beach for
Encroachment Partneringfunds in the Inter-facility Traffic Area (ITA),
to increase Navy's funding obligation by approximately $4,000,000 to
$7,072,050.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
- 19 -
Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 58052
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1,2, 3,4,5,6,8, 9a/bl, 10 and 11 (ADD-ON) of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23. 2008
- 20-
Item V-Kl.
ORDINANCES/RESOLUTIONS
ITEM # 58053
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AMEND 9 21-303 of the City Code re Motor Vehicle and
Traffic Code pertaining to parking vehicles for sale or rent
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
I i
1 AN ORDINANCE TO AMEND SECTION 21-
2 303 OF THE CITY CODE, MOTOR VEHICLE
3 AND TRAFFIC CODE PERTAINING TO THE
4 PARKING OF VEHICLES FOR PURPOSES
5 OF SALE OR RENTAL
6
7 Section Amended: 9 21-303
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 21-303 of the City Code is hereby amended and reordained to read
13 as follows:
14
15 Chapter 21 MOTOR VEHICLE AND TRAFFIC CODE
16
17 ARTICLE III. STOPPING, STANDING AND PARKING
18
19 DIVISION I. GENERALLY
20
21
22 Sec. 21-303. General parking prohibitions; penalties for violation.
23
24
25 (b) No person shall park a vehicle, except when necessary to avoid conflict
26 with other traffic or in compliance with the directions of a police officer or traffic-control
27 device, in any of the following places:
28
29
30 (12) On any street or highway or any city parking lot or other city-owned
31 property for the purpose of sellinq or offerinq the vehicle for sale or
32 rent, displaying a sign or lettering indicating that the vehicle is
33 off-ered for s:3lo or rent. Factors that shall be considered in
34 determininq the purpose for which a vehicle is parked shall include,
35 but not be limited to (i) the number, size and placement of siqns
36 offerinq the vehicle for sale or rent (in the lenqth of time the vehicle
37 is parked; and (iin the manner in which the vehicle is parked.
38
39
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of
September, 2008.
I I
- 21 -
Item V-K.2.
ORDINANCES/RESOLUTIONS
ITEM # 58054
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to DECLARE City property EXCESS and AUTHORIZE the
City Manager to convey same to Operation Smile, Inc. and Tidewater
Community College; ACCEPT property from Old Dominion Real Estate
Foundation; AUTHORIZE the execution of a Development Agreement
with Operation Smile, Inc.; and, GRANT an option to acquire City
property to Operation Smile, Inc. and the Old Dominion Real Estate
Foundation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
I ,
1 AN ORDINANCE (1) DECLARING CERTAIN PROPERTY
2 EXCESS AND AUTHORIZING THE CITY MANAGER TO
3 CONVEY SAME TO OPERATION SMILE, INC. AND
4 TIDEWATER COMMUNITY COLLEGE, (2) ACCEPTING
5 PROPERTY FROM OLD DOMINION REAL ESTATE
6 FOUNDATION, (3) AUTHORIZING THE EXECUTION OF A
7 DEVELOPMENT AGREEMENT AND RELATED
8 DOCUMENTS WITH OPERATION SMILE, INC., AND (4)
9 GRANTING AN OPTION TO ACQUIRE CITY PROPERTY TO
10 OPERATION SMILE, INC. AND THE OLD DOMINION REAL
11 ESTATE FOUNDATION
12
13 WHEREAS, the City of Virginia Beach (the "City") owns approximately fourteen (14)
14 acres of real property (the "Original City Property") located at the corner of Faculty
15 Boulevard and South Rosemont Road in the City of Virginia Beach, adjacent to Tidewater
16 Community College ("TCC");
17
18 WHEREAS, on December 11,2001, City Council adopted a term sheet (the "TCC
19 Term Sheet") that recognized the City's participation in the expansion of TCC and
20 contemplated the conveyance of the Original City Property to TCC;
21
22 WHEREAS, the Old Dominion Real Estate Foundation ("ODU") has agreed to
23 convey to the City approximately 2.8 acres of land adjacent to the Original City Property
24 (the "ODU Property") for the purpose of allowing the City to re-convey the ODU Property to
25 TCC and Operation Smile, Inc. ("Operation Smile") as described below;
26
27 WHEREAS, in consideration for the ODU Property, the City will grant ODU an option
28 to acquire by dedication a portion of City property currently leased by the Southeastern
29 Public Service Authority ("SPSA") in the event such property is no longer used for
3 0 municipal solid waste collection purposes;
31
3 2 WHEREAS, to further support the Operation Smile World Headquarters, the City will
3 3 grant to Operation Smile an option to acquire by dedication the remaining portion of the
34 City Property currently leased to SPSA in the event such property is no longer used for
35 municipal solid waste collection purposes and if Operation Smile uses that property in
36 furtherance of its charitable mission by expansion of its world headquarters;
37
38 WHEREAS, SPSA has agreed to release approximately 1.1 acres adjacent to the
39 Original City Property (the "SPSA Leased Property") from the lease between the City and
40 SPSA dated December 14, 1987 (the "SPSA Lease") forthe purpose of allowing the City to
41 convey the SPSA Leased Property to Operation Smile as described below;
42
43 WHEREAS, the ODU Property, the SPSA Leased Property and the Original City
44 Property comprise 18.03 acres, which land will be re-subdivided into two parcels to be
45 conveyed to Operation Smile and TCC (collectively referred to herein as the "City
46 Property");
47
I i
48 WHEREAS, TCC plans to expand its existing campus and develop its Health
49 Professions Building on a 8.66-acre portion of the City Property (the "TCC Parcel");
50
51 WHEREAS, the City, TCC and Operation Smile have agreed that Operation Smile
52 will construct the Operation Smile World Headquarters Building on the remaining 9.373-
53 acre portion of the City Property (the "Operation Smile Parcel");
54
55 WHEREAS, in addition to constructing its World Headquarters Building,
56 Operation Smile has agreed to develop joint programs with Tidewater Community College,
57 Old Dominion University and Norfolk State University to enhance the educational
58 experience of the students in the local community and to work with the City's Department
59 of Economic Development and Media Communications Group to help promote both
60 Operation Smile and the City of Virginia Beach;
61
62 WHEREAS, the City originally promised to convey the Original City Property to TCC,
63 and TCC has approved the conveyance of the Operation Smile Parcel from the City to
64 Operation Smile;
65
66 WHEREAS, on December 11,2007, the City Council adopted an Ordinance (ORD-
67 3005B) which transferred $3,500,000 to CIP 3-262 for site improvements for TCC's Health
68 Professions Building and Operation Smile's World Headquarters Building and authorized
69 the City Manager to execute a term sheet with Operation Smile for the dedication of the
70 Operation Smile Parcel to Operation Smile and the development and construction of the
71 Operation Smile World Headquarters Building;
72
73 WHEREAS, the City Council is of the opinion that the Operation Smile Parcel is in
74 excess of the needs of the City of Virginia Beach and desires to dedicate the Operation
75 Smile Parcel to Operation Smile for the development and construction of its Operation
76 Smile World Headquarters Building; and
77
78 WHEREAS, the City Council is of the opinion that the TCC Parcel is in excess of
79 the needs of the City of Virginia Beach and desires to dedicate the TCC Parcel to TCC for
80 the development and construction of its Health Professions Building.
81
82 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
83 VIRGINIA BEACH, VIRGINIA:
84
85 1. That the Operation Smile Parcel, as shown as "Parcel D2" on Exhibit A
86 attached hereto and incorporated herein, is hereby declared to be in excess of the needs
8 7 of the City of Virginia Beach and that the City Manager is authorized to convey the
88 Operation Smile Parcel to Operation Smile, Inc. on the terms and conditions set forth in the
89 attached Operation Smile Summary of Terms.
90
91 2. That the TCC Property, as shown as "Parcel D1" on Exhibit A attached hereto
92 and incorporated herein, is hereby declared to be in excess of the needs of the City of
93 Virginia Beach and that the City Manager is authorized to convey the TCC Parcel to TCC
94 on the terms and conditions set forth in the TCC Term Sheet.
95 3. That the City Manager is hereby authorized, on behalf of the City, to execute an
96 Agreement of Dedication, a Development Agreement and all other documents necessary
97 to carry out the dedication of the Operation Smile Parcel to Operation Smile, so long as
98 such documents are consistent with the attached Summary of Terms and such other terms
99 and conditions deemed necessary and sufficient by the City Manager and in a form
100 deemed satisfactory by the City Attorney.
101
102 4. That the City Manager is hereby authorized, on behalf of the City, to execute all
103 documents necessary to carry out the dedication of the TCC Parcel to TCC, so long as
104 such documents are consistent with the TCC Term Sheet attached hereto and
105 incorporated herein and such other terms and conditions deemed necessary and sufficient
106 by the City Manager and in a form deemed satisfactory by the City Attorney.
107
108 5. That the City manager is hereby authorized, on behalf of the City, to accept the
109 conveyance of property from ODU, identified as the "ODU Property" on Exhibit A attached
:10 hereto and incorporated herein, for the purpose of conveyance to Operation Smile and
=-'11 TCC.
=..12
=..13 6. The City Manager, on behalf of the City, is authorized to enter into an Option
:..14 Agreement with ODU and Operation Smile, to acquire the City property described on
:..15 Exhibit A as Parcel 2A (said property currently being leased by SPSA), with ODU receiving
:..16 approximately 7.5 acres and Operation Smile receiving approximately 3.5 acres, if the
:..17 property is no longer used for municipal solid waste collection purposes, provided such
:..18 Option Agreement is consistent with the Summary of Terms and such other terms and
:..19 conditions deemed necessary and sufficient by the City Manager and in a form deemed
:.20 satisfactory by the City Attorney.
:,_21
:,_22 7. That the City Manager is authorized, on behalf of the City, to enter into a
:.23 Lease Modification Agreement with SPSA to release 1.1 acres from the SPSA Lease,
=..24 provided such Lease Modification Agreement is in accordance with all terms and conditions
=_25 deemed necessary and sufficient by the City Manager and in a form deemed satisfactory
=-'26 by the City Attorney.
=-.27
=-.28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of
=-.29 Septembp-r, 2008.
Requires an affirmative vote by a majority of the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA10755
v :lapplicationslcitylawprodlcycom321 WpdocslDO 11 lPO04100066902.DOC
R-1
September 23, 2008.
I I
OPERATION SMILE HEADQUARTERS - SUMMARY OF TERMS
A2reement of Dedication:
. Operation Smile to construct and maintain headquarters building in return for
City's dedication of property
. Property must be used solely for non-profit purposes consistent with the mission
of Operation Smile
. 60-day "due diligence period" to inspect property
. Property purchased "as is" and City gives no environmental warranties, etc.
. Settlement to occur following due diligence period
. Parties will enter into Development Agreement, which will survive closing
Development A2reement:
. Development: Operation Smile to design and construct 65,000 square foot
headquarters building at its sole cost and expense; City must approve all
development plans
. Insurance: Operation Smile must carry liability and casualty insurance acceptable
to City
. Use: Property must be used solely for non-profit purposes consistent with the
mission of Operation Smile
. Rezoning: Operation Smile responsible for rezoning the property
. Reverter: (1) City has right to take property back at no cost if construction not
commenced within 36 months, or if construction not completed within 60 months;
(2) City has right to take property back if property ceases to be used for non-profit
purposes consistent with the mission of Operation Smile, upon payment to
Operation Smile of fair market value of building
. Site Work: City to reimburse Operation Smile for site work located beyond five
(5) feet from the building perimeter up to an amount equal to the difference of
$3,500,000 minus the amount paid to TCC for TCC's site improvements - to be
paid monthly upon the City's receipt of an invoice showing actual site work costs
incurred by Operation Smile - Operation Smile responsible for all costs above
this "allowance"
o Operation Smile must re-pay amount of site work allowance to City if City
exercises any reverter rights
. Approval of Sale: City must approve any future sale of property by Operation
Smile - City has right to receive pro-rata portion of sales price (based on value of
land) .
I I
Option A2reements
. ODU and Operation Smile to acquire portions of existing SPSA property only if
that property no longer used for municipal solid waste collection purposes
. Property dedicated by City to ODU and Operation Smile at time of option
exerCIse
. Operation Smile may only acquire property for purpose of expansion of existing
world headquarters and continuation of non-profit mission
. ODU to use property in furtherance of its educational mission
TERM-SHEET
IMPLEMENTATION OF TIDEWATER COMMUNITY COLLEGE'S
STRATEGIC PLAN
Representatives of the City of Virginia Beach ("City") and Tidewater Community College
("TCC") have been discussing a possible partnership for implementation ofTCC's Strategic
Plan for the Virginia Beach Campus. This Term-Sheet is intended to reflect the shared
understanding of both parties and their respective commitments and to update the 1996
Memorandum of Understanding between the City and TCC. The Term-Sheet is not
intended to be a legally binding agreement, and all commitments outlined are subject to
City Council and the Commonwealth of Virginia's ("Commonwealth") future appropriation.
The policy implications associated with this Term-Sheet are outlined in the attached Policy
Report that was presented to City Council on November 27,2001.
1. City will provide for site improvements associated with a major initiative for the
strategic plan of TCC as outlined in the attached Policy Report .
2. TCC agrees to provide, in a timely fashion and in a format suggested by the City,
its annual request for capital funding.
3. The appropriation process ofthe Commonwealth involves the appropriation offunds
for both maintenance and operation of the Virginia Beach Campus, and for
construction of its buildings. It is understood and agreed by TCC that the City shall
be bound and obligated hereunder only to the extent that funds shall be
appropriated and budgeted for particular projects pursuant to Article VII, Section 10
of the Constitution of Virginia and subject to appropriation by City Council.
4. The appropriation process of the Commonwealth is summarized in the biennial
budget bill. The biennial budget bill typically provides, in pertinent part:
"Expenditure for land acquisition, site preparation beyond five feet from a
building, and the construction of additional outdoor lighting, sidewalks, outdoor
athletic and recreational facilities, and parking lots in the Community College
system shall be made only from appropriated Trust & Agency Funds, including
local government allocations and appropriations, or the proceeds of
indebtedness authorized by the General Assembly. ."
5. Both parties agree to coordinate lobbying efforts with the General Assembly
delegation and the new Governor for inclusion in the State's capital program.
6. The City may provide funding for site acquisition and site preparation beyond five
feet from the campus buildings provided that there are sufficient funds appropriated
by the Commonwealth for the campus buildings for the purposes requested.
7. Because local funds may, consistent.with the biennial budget bill, be appropriated
and allocated to the Trust and Agency Funds to be spent at TCC, both parties agree
that the State Board for Community Colleges, as provided in Chapter 16 of Title 23
of the Code of Virqinia, is the appropriate body to contract for the design and
construction of site improvements five feet from the campus buildings. TCC will be
solely responsible for all legal and risk management issues associated with the
design, construction and operation of these facilities.
8. TCC will be responsible for ensuring that the design, construction, and inspection
of site improvements shall be performed in accordance with state procurement code
and state and local regulations.
9. TCC agrees to provide appropriate documentation to the City verifying that City-
provided funds were expended for the intended purpose. This documentation may
include, but shall not be limited to, copies of bids, contracts, and final payments.
10. In furtherance of the City's plan for the Princess Anne Commons and TCC's
strategic and master plans, the City also agrees to use its best efforts to purchase
properties or obtain an option for the properties labeled as Parcel A, Parcel 8,
Parcel C, Parcel E, Parcel F and Parcel G as outlined on a map entitled Tidewater
Community College (Appendix D map prepared by the City's Center for GIS).
11. Due to imminent development potential, the City will use its best efforts to purchase
Parcel E during FY 2001-2002. With the adoption of this Policy ReportlTerm-Sheet,
City Council will be forwarded an Agenda Request/Ordinance appropriating funds
for this purpose. The City will use its best efforts to purchase Parcels F and G
during FY 2002-2003, and Parcels A, B, and C during FY 2003-2004.
12. Once the City acquires title to anyone of the parcels enumerated above, the City
will effect a transfer of title to the State Board for Community Colleges. If funds are
not appropriated by the General Assembly within six years from the date title was
transferred to the State Board for Community Colleges by the City, the title may, at
the City's option, revert back to the City.
13. If any parcel of property is planned to be used for non-educational purposes, the
arrangements for transfer of its title shall be determined collaboratively between the
City and TCC with a mutually agreed sharing of the subsequent revenue stream, if
any.
14. Both parities agree that this Term-Sheet may be revised by mutual agreement, in
writing, as circumstances may dictate.
15. The following schedule details the proposed timing of both party's funding:
Proposed Schedule for TCC Improvements
i I
City Proposed Commitments i --- -----T- --- i--- - ---~ r ----
Land-Purchase" - -Parcel E i - - -240)33T-- ------; ------~---r-----
Land Purchase-.-. Parcels F-andG 1- iilf95in--- - - --,---------- - ------ --
La>n<;fP-urch~se'.~. Pa~~~~. _~I_,~~,~a~~ _~~ ___ t" --_u2,222~735-1--- ---.---. __u -- - ;-----..----------] - ..-~---.- - --
Site Improvements .) -- ;-- ----------------- -~----
.....----.-----~-------.- - ___no. - 4 - -~~-I-- -----------------~---------
._ Bridg~ for ADA Access _..j__ __ 249,000 I _ ______________~~_~----------
Erosion Control I 160,000 I i
Thinning Woodland~----..---~-----T 100,000 I . : !
-. R.hg Road ""___==-~_=_=_-~-___=~-=r_~!Q~g-L---===---=~---:-:~~=:-=-====----==' ~==--=--
Science Building 1,545,000 .
Reglo"nal H-ialth -SCience'C"enter ~'-Phase f ,--------.-----~~ ;--- ---1~5b.o:b6o -- ------, -- _u_u______...,_ - .------. > -
Retrofit Older BuTi(irngs---'--~-i-------~-j5([do6: ---..--------~--- -;---~~--
.__L.~?ming Resource Center EXP_~~O.!:l==r 588,000 i.. l-~--m_--i-------
Regional Health Science Center - Phase II I ' '800,000 -r--
Workforce D-evelopment Center--------l _.~ _ ------.-. 1 ,800,000~-------
- ______~~n_n_______._ ~- -. --.--------.- Subtoiar-:----7~04~}A18, ~~?~9.~!IQcf ~~ . ~~-r~~~9Q~qQQ~.~~~ 1 ,~~f([oq~=_-~ff,8g~{f!..
iT~~;:~i.~J~~~~.~~- -~.. --~4- 1721;~of -=-_::=1::--+ - - -f - --=
i--Regional HealffiScience-Center .-Phase f~--F--------r -13~652:006-r" _n -----~--i-----T------
~--~~trofi.ttin9-!~ix Oldest ~~dirig~ ---==~==-r __~~~- i 1~,b81 ,060J- -~-----i---T-=-=-==::-:
r- ~~~~iR~I~:~f~r~~i~~~e~;~ie~~s~o~iserr-- r__J,5~2,000T_______+_ 8,642,000 ; i --~-- -----
_ _ _________.___~~______._ _ _____n____._._ 1__'____ - --- -----_-- - ___on - .------.------------------.. - -
in -~~~B~_k~~6~:eTopmE;ntCenter--------- -r------n-+- -------r - 5,790,000 i 6,184,000t------- ------
e _ - ----------~ ~ - _____u__ SUbioia'-24)3D,OooT 27, 733~000-:-----14.432,000~_____s.184,000 i-i3,079,oiYo
i Phase One ! Phase Two
-I-
I
Phase Three
Future
Costs
Total
Costs
Land Purchase figures are based on assessment data - actual appraisals will cause this cost to vary. Costs are in current-year
(2001) dollars and do not account for inflation.
Funded in current CIP
16. Both the City and TCC agree to meet and confer as necessary in furtherance of the
objectives expressed in this Term-Sheet.
:(
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- 22-
Item V-X3.
ORDINANCES/RESOLUTIONS
ITEM # 58055
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute an Agreement
for the exchange of real property with the United States of America to
acquire Marshview; to CONVEY a restrictive easement for the Inter-
Facility Traffic Area (ITA) and ACCEPT a Quitclaim Deed from the
Navy for this property.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23.2008
1 AN ORDINANCE AUTHORIZING EXECUTION
2 OF AN EXCHANGE AGREEMENT WITH THE
3 UNITED STATES OF AMERICA TO ACQUIRE
4 82 ACRES OF LAND (MARSHVIEW) IN
5 EXCHANGE FOR CONVEYING A
6 RESTRICTIVE EASEMENT OVER 46.59
7 ACRES OF CITY-OWNED LAND IN THE ITA
8 (GPIN 1483-58-0100)
9
10 WHEREAS, the City Council of the City of Virginia Beach has
11 authorized and funded CIP 9-060, the Oceana and Inter-Facility Traffic Area Acquisition
12 Program (the "Program"), for acquisition of property surrounding Oceana and in the
13 Inter-Facility Traffic Area ("ITA");
14
15 WHEREAS, pursuant to the Program, the City acquired a 46.59-
16 acre parcel of land on Indian River Road in Virginia Beach, Virginia by Deed dated
1 7 March 23, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of
18 Virginia Beach, Virginia as Instrument No. 20070515000660610 for $1,167,570 (the
19 "ITA Property") generally known as GPIN 1483-58-0100 (formerly 1483-48-9053);
20
21 WHEREAS, as authorized by Ordinance 3000B adopted by the City
22 Council on September 25, 2007, the United States of America, Department of the Navy
23 (the "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007,
24 in which the Navy and the City agreed that the City would convey to the Navy restrictive
25 easements over property the City acquires in the ITA, and the Navy would pay fair
26 market value of the easement or 50% of the City's acquisition cost of the ITA properties
27 (the "Encroachment Partnering Agreement");
28
29 WHEREAS, the Encroachment Partnering Agreement is funded by the
30 Navy with $3 million and land the Navy owns and deems surplus, which is available for
31 exchange for an equivalent value in restrictive easements, pursuant to 10 U.S.C. 92869;
32
33 WHEREAS, the Navy seeks to exchange surplus property the Navy owns
34 in Virginia Beach, comprising 82 acres, more or less, and generally known as
35 "Marshview" and more particularly described in the Summary of Terms (the "Summary
3 6 of Terms") attached hereto as Exhibit A and made a part hereof (the "Marshview
3 7 Property"), to be conveyed in fee simple, subject to certain reserved use restrictions, in
3 8 exchange for a restrictive easement on the ITA Property (the "ITA Easement"); and
39
4 0 WHEREAS, the City Council finds that it is in the best interests of the City
41 to acquire the Marshview Property from the Navy in order to construct and maintain a
42 public park pursuant to the City's Outdoors Plan and for other related public purposes,
43 and in exchange will convey to the Navy the ITA Easement.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA:
47
48
49 1 . That the City Manager is hereby authorized to execute an
50 Agreement for the Exchange of Real Property Interests with the United States of
51 America in substantial conformance with the Summary of Terms, with such other terms,
52 conditions or modifications as may be satisfactory to the City Manager and in a form
53 deemed sufficient by the City Attorney; and
54
55 2. That the City Manager is hereby authorized to execute any
56 documents necessary to effect the terms of the Agreement for the Exchange of Real
57 Property Interests, including (a) executing a Grant of Easement for the ITA Easement in
58 substantially the same form attached to the Encroachment Partnering Agreement, and
59 (b) accepting a Quitclaim Deed from the Navy for the Marshview Property with such
60 restrictions as set forth in the attached Summary of Terms.
61
62 This ordinance shall be effective from the date of its adoption.
63
64 Adopted by the Council of the City of Virginia Beach, Virginia, on the
65 23rctlayof September, 2008.
66
67
68 APPROVED AS TO CONTENT
~~ ~t / 0-. b~\JciQrJ1QqI151( ~
71 PubhcWorks U' )0
CA10747
APPROVED AS TO CONTENT
V :lapplicationslcitylawprodlcycom32\ WpdocsID004\P003100063964.DOC
R-1
September 12, 2008
~--0-
v
Recreation
APPROVED AS TO LEGAL
SUFFICIENCY
.
J~-ettl2y,J2
I EXHIBIT A
SUMMARY OF TERMS
MARSHVIEW EXCHANGE
CITY - U.S. EXCHANGE AGREEMENT
FOR MARSHVIEW PROPERTY
Parties:
United States of America, acting by and through the Commanding
Officer, Naval Facilities Command, Mid-Atlantic, and
City of Virginia Beach
Transaction: The U.S. will exchange the Marshview Parcels for the ITA
Easement, each as described below
Property:
Marshview Parcels:
Approximately 82 acres of undeveloped land located east of
Birdneck Road and the Salt Marsh Point neighborhood in the City
of Virginia Beach, depicted in the location map attached hereto as
"Exhibit to Summary of Terms" and made a part hereof.
GPINs:
2417-63-8556; 2417-73-1546; 2417-63-8455; 2417-73-0186; 2417-73-4027;
2417-72-1866; 2417-72-4866; 2417-82-0890; 2417-62-5690; 2417-62-9740;
2417-72-4771; 2417-72-9577; 2417-62-5475; 2417-62-8462; 2417-72-4423;
2417-72-9477; 2417-62-5179; 2417-62-8177; 2417-72-4128; 2417-72-9178;
2417-61-5907; 2417-61-8978; 2417-71-5918; 2417-61-7659; 2417-71-3734;
2417-71-4742; 2417-71-4942; 2417-71-9838; 2417-81-0879; 2417-81-1611;
2417-81-2549; 2417-81-3504; 2417-81-3407; 2417-81-8250; 2417-81-7439;
2417-81-7518; 2417-81-6663; 2417-73-6469; 2417-62-1142; 2417-81-1567;
2417-81-6320; 2417-81-7377; 2417-81-5865; 2417-81-6078
Exchange: The Marshview Parcels will be conveyed to the City by Quitclaim
Deed in exchange for a restrictive easement over City-owned
property located in the ITA. The City property to be subject to the
easement is located on Salem Road and was acquired by deed
dated March 23,2007, and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach as Instrument No.
20070515000660610 (hereinafter, the "ITA Easement").
The ITA Easement will be conveyed in the form of the Grant of
Easement previously agreed to by the Parties, which was attached
as an exhibit to the Multi-Year Agreement By and Between the
United States of America and City of Virginia Beach, executed
September 27,2007.
Purchase
Price:
Like-kind exchange of Marshview Parcels for the ITA Easement.
1
Use Restrictions
on Marshview
Parcels:
The deed conveying the Marshview Parcels to the
City will reserve to the United States a perpetual easement
and rights as follows:
1. Restricted Uses. All uses and activities, except for Limited Recreational Uses as defined herein, are
prohibited. The term "Limited Recreational Use" shall include all passive recreational uses and permitted
active recreational uses as follows:
a. Passive Recreational Use. The term "Passive Recreational Use" means leisure activities such as, but
not limited to, walking, jogging, hiking, wildlife observation, children's play areas, dog parks, general
public recreation, fishing and the use of non-motorized watercraft, such as canoes and kayaks.
b. Permitted Active Recreation Use. The term "Permitted Active Recreational Use" means recreational
activities, such as practices and non-programmed participation, in ball field and court sports by the
general public; non-motorized, wheeled activities, such as skateboarding, rollerblading/skating and
bicycling.
2. Activities and Uses Expresslv Prohibited. The authorized use of the Property, described in Paragraph
1 above, shall not involve any of the following:
a. Human Habitation: Human habitation, including but not limited to, temporary accommodations such
as cabins, trailers, recreational vehicles, and tents.
b. Proqrammed Activities: Team play or spectator sports, where the public is invited to view sporting
activities such as games. Team practices and "pick up" games are permitted as a Permitted Active
Recreation Use.
c. Visual Hazards: Activities of any type that produce smoke, glare or other visual hazards; however,
charcoal grills are permitted.
d. Encouraqement of Concentrations of Birds: Activities of any type that encourage concentrations of
birds, such as bird feeding stations and ponds.
e. Dumpinq: Other than trash cans necessary to serve participants in Limited Recreational Use, the
dumping of garbage is prohibited. This includes, but is not limited to, landfills, disposal, composting,
recycling, burying, storage, or processing of garbage or waste materials.
f. Other Prohibited Uses: Golfing; horseback riding; recreational campgrounds or marinas.
3. Improvements and New Construction. Construction or improvements to the Property are prohibited
except those necessary for or incidental to Limited Recreational Use as defined in herein. The following
requirements and prohibitions apply to Limited Recreational Use construction and improvements:
a. Heiqht Restrictions. The erection, construction, installation, alteration of any structure, building, or
other edifice extending above 35 feet above sea level is prohibited. Trees shall not extend more than
150 feet above sea level.
b. Liqhtinq Prohibited. External lighting is prohibited. This includes, but is not limited to, lighted
baseball or softball fields; lighted tennis courts; lighted basketball courts; lighted recreation areas; and
lighted football or soccer fields.
2
c. Permitted Improvements Incident to Limited Recreational Use. Improvements and/or buildings
necessary for or incidental to Limited Recreation Use as defined in Paragraph 1, are permitted, including
but not limited to the following:
i. picnic shelters;
ii. gazebos, such as covered overlooks;
iii. playgrounds;
iv. dog parks;
v. skate parks;
vi. benches;
vii.water fountains;
viii. charcoal grills;
ix. fences and restrooms;
x. trails, walkways, vehicular access roads;
xi. parking areas;
xii.piers for fishing and non-motorized watercraft;
xiii. park management, maintenance and storage facilities; and
xiv. Installation of public utilities, storm water management facilities and water
control structures are permitted to a scale that are designed and constructed only to
serve the improvements that are permitted as listed above or otherwise control
flooding on the subject Property.
d. Meetinq Places are prohibited. The following improvements are prohibited:
i. Clubhouses, meeting places, auditoriums, classrooms, game bleachers and
similar facilities, except that small-scale bleachers for parents to view practices are
permitted;
ii. public utility substations;
iii. public dredging operation staging areas;
iv. borrow pits;
v. watershed;
vi. water reservoirs;
vii.storm water management facilities and water control structures other than as
noted in paragraph 3(c);
viii. fish hatcheries or man-made ponds.
The U.S. shall have the right, by and through their agents and employees, to enter the
Property at all reasonable times, with forty-eight (48) hours' prior notice to the Grantee, and for
the purposes of determining compliance with the terms of this instrument.
3
"
,lv
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. I 0
--.--;llu PROPlRlY TO BE ACQUIRED\ i ",,,.
/ BY THE em Of VIRGINIA BEACH .
/ ~4f4~~C:S , ~
. ~~
! ~
4-,./ '0i 0lJ
~;/ I : : i.'34'''' W ~
.,.~ M.& '" PG.'" ~' Y~J7.'''' INSET C: N.T.S.
~ l GPIN l4a3-~a-<J053 SEE INSET C
/ II L6 ~NOR~~~Y
I .J lNSf.NO. 200:z08013OlOm
. S 28'23'2"'W~1 D.8.26S11"G.921S(l'l.AT)
I 2<r.l.57' . l' i GPIN 14U-57-13M
.I ~ ~~;)\. :Mq~~~~?'20' 'II
Ii 78'117'12" E""'t , -, \I, I
7'3.015' ""," :, f'-PROf'[RTY UNE AlONG ctHTtR UNE Of
.' L~ _I EXlSTINQ 0001 (O.".2651PG.9211)
N 1.'Z6'31'E ,,/ s l~~~"rWt.e~LI"
378.70' )...... _~/ ~S 72'36'59' W 142.56'
I' 977; to:;. ('.W 14091'
.1" S 73"18'18' \II S 17 3'0'34 .
/ 127.... ./
N 6Z'21'l5'E / S ~9;.~~'15~'" ~~ s 73'\ '10'W 128.51'
378.35' }, r:i71'r'f..~EPlll S fl';~'!iJ4'W ~ S -"*5"1'W -4<J.B5'
,,' 5 5e'!lM'04' 'of ~/F'H'14' 'II 114.6'"
17".qJ' S 55'''9'04' W 152.51'
___5 ~~"'5~"'''~'~n __h13..1?~~' hh__h _hh ../ 14.'l2'TQ WINSTON AVf.
.. -N 64'51'83' W 1314.44'
r~-
NOTES:
I. PROPEmUNE1Nf(WM.TlON1SIIA5roOHPl.ATS,DfEOS N<<}ACT1JALfIEtDMEASlIREMENn. THl!PlAT
15 INTENDED FOIlACQl.Jl5lnoN l'lJIlfOSl!S N<<) CONSnrurn A BOUNDAR'f' SUllVEY.
, T1if MEIllOw.5OIJllCE OF ntlS Pl.AT l! IIMEDON THt \IlRONlA5TATt: PlANf COOROINAt1: SYSTtM, SOt./fHZONf,
toW) 19lI3 /93 (~ COORDINATE VAU)t5 SliDWNMf EXPRESSfO IN U.s. SOll:V(Yf[ET.
). THE CIlY OF \1RQMA eu.Qi CONTROl.lltfUlfNCE I'04HT5 UllI.IZED IN nit ESTABUSHMOO OF THE COOROlNAn
VAllJES S1iCM'N Ht:RfQNAlCE 691SOt, 1l<<J064AND 134-01)6).
4. nil5 PlIITW!05I'1W'NtJ:OWlTH 1lf( IlEMflTOFA mu: RfI'OltTBYl'IONfEll mu.
FllfNUM8lJl0910204a7, DATlDfflllll...lAAY 'io, 2001.
t<<:JWOItFOAAWllV
SANDRA C. RODES' &.
JliOYC..v.dlANIEL&
AAUlSTON 0. ow.-OUlt "
lXNNIS H. 0Wi0l.f1l.
D.Il.J707f'G.10U.'
M.B.1Mf'CI1.
Cl'!N141lJ-.o1S-.ll7T1
""~ ;>>a;J)
ON SUR\IM)" OIY OF VlRc.l
'''''', 4/!'/ZlD7
NOW OIl. rQAA1[RtV
HAARY A. I'Ofm
O.8.W PG.S9lI
M.a.I<< f'UfO
Cf'INI4I3-~JOO
,l/
/t./ M.B.116 PG.38
~ ~I GPIN 1483-48-"1053
,/
1/
INSET B: N.T.S.
DJ5~II\W
~'T'2~PlJl
SEE INSET A
N 6-4'4~'24' W
115.21'
INDIAN RIVER ROAD
(30' R\W> (M.S. 9 PC. 23)
/1
,~/.
$';'P
/"'.
/
Na'N OA fOIlM(llt.V
HAlOO'A.l'Omll.
D.Il.66JI'C.~
M.1I.1<<PC.1O
Gf'lN143:J-3ll-6JOO
M.S,116 PC,38
GPIN 1483-48~q053
~z' t<<:JW OltfOl\MVllV
Il.l': 1N5/~2:C:~
!\~:,ti)' D.B.265tPC.92Il(PI.AO
),,'!)i GPIN 1431-57-2368
;:" .I
" La
-'- ~~:_'_.~ ~~'_ _,_ _ \/\_ _ _ _n _ _ _ _ _ _ _ _ !~12:!?: _[~:~~~: _ _ _ _ _ _ _ _ __
L13
txlSTlNG Il\W
CtN1UIJNE OF
flDNJWAV PAVEMENT
INDIAN RIVER ROAD
(30' R\Wl (M.a. 9 PC. 23)
PRQPEll.IYllNEPf:ll
M.8.9f'.U
INSET A: N.T.S.
GRAPHIC SCALE I' ~ 200'
I . I
0' 200' 400'
,\\
:\~
\~
:\~
\\
w
IIIIIIIIIIDIIIIIIUIIIIIII
~"::-== ...:' \ 01' ,
~~.~~..:;~~~:" "-",
NUMBER RADIUS ARC LENGTH DELTA ANGLE CHORO BEARING CHORO TANGENT
Cl "61.002-42.26 39'06'36' 5 3'J'35'37' E 23"l.4Q 124.l'l9
CURVE DATA
NJ(;fflOJtfDItMlJIlV
CARl G. PUOGEIl &.
lORlWNE L PUDGER
0.8.1916 PC. 40
W.B.72 PC. 115':1
~8.'~~30
LEGEND
. PIN (fOUNOl
o m'E (FOUt<<))
[] PIN IN CQNCRETt {S(1J
-...- ClNTtRUNf OF DITOi
-,<-,.~ftNC(
N.T.$. NOT TO SCAl.l
LINE DATA
NUMBER BEARING OlSTANCE
L1 - S 73'26'51' E 1-4.36'
L2 N 55'36'21' E 33.50'
LJ N 58' 1"l'Z'l' E 6.52'
L4 52-4'32' Iq' E 50,68'
LS S 26'-40'15' If 2'l.42'
LG 526'3-4'57' '1152.10'
L7 S 61'07'20' II" 23."17'
La 564''0''''''3' E 11.'55'
Lq 56,'07'20' .... 20.03'
Ll0 S 26'34'37" W 52.5-4'
Lit N 63'2'5'03' \0' 10.00'
LIZ S 55'0Q'04' W 11.55'
L13 N 62'21'15' E 12.55'
"^'''''''''"''
A TR.\CT OF lAND
TO BE ACQUIRED BY
THE cnv O~~RG'NIA BEACH
WAlTtR P. GRAVES.JR., ClARENCE R. CRAVES, WllLlM1 A GRAVES,
TEII.RANCE A. GR,WES, ROSANNA fL4JNlG. 8AJ(ER
AND SANDAA ANN G. CARNES
\11l.C1N1A8tAOi,.VlRGIl'M
SUIlV[Y 8URfAU . ENClNlE/llN(l DM510N
otPAATMfHT Of f'\J8UC WORkS . OTY Of VlRClNlA 8lACH, VTRCINIA
ISCNI,'"" 200' lIDRW:DlW 1M
zE)
,'l
E
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,~
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ill
I I
- 23 -
Item V-K.4.
ORDINANCES/RESOLUTIONS
ITEM # 58056
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to DEVELOP an Environmental Sustainability Program
known as "Go Green Virginia Beach: the sustainable Virginia Beach
Initiative" endorsed by the Virginia Municipal League's (VML)
Executive Committee.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
1 A RESOLUTION TO DEVELOP AN ENVIRONMENTAL
2 SUSTAINABILlTY PROGRAM KNOWN AS "GO GREEN
3 VIRGINIA BEACH: THE SUSTAINABLE VIRGINIA BEACH
4 IN ITIA TIVE"
5
6 WHEREAS, a sustainable city with a high quality of life that meets the social and
7 economic needs of its current and future citizens, employees, visitors, and business
8 community, while maintaining and improving the quality of its natural environment is
9 important to Virginia Beach's citizens, economy, and future;
10
11 WHEREAS, the City of Virginia Beach is committed to protecting the health and
12 welfare of its current and future citizens, employees, visitors, and business community
13 and preserving the environment through the responsible management of resources and
14 sound environmental practices;
15
16 WHEREAS, the City of Virginia Beach is focused on both environmental
17 compliance through a comprehensive Environmental Management Program and
18 environmental sustainability;
19
20 WHEREAS, the City of Virginia Beach is supportive of and reaffirms its
21 commitment to and participation with the U.S. Conference of Mayors Climate Protection
22 Agreement, as signed by the Honorable Mayor Meyera E. Oberndorf on behalf of the
23 City on June 13, 2005;
24
25 WHEREAS, the City of Virginia Beach is committed to actively engaging the
26 community to promote and encourage environmental sustainability efforts;
27
28 WHEREAS, the City of Virginia Beach has adopted numerous policies in the
29 Comprehensive Plan that support environmental sustainability through natural resource
30 management, open space preservation, air quality, climate protection, and water quality;
31
32 WHEREAS, the City of Virginia Beach is committed to pursuing the adoption of
33 appropriate green building practices through administrative directives, including
34 continuing its membership in the United States Green Building Council (USGBC) which
35 administers the Leadership in Environmental and Energy Design (LEED) certification
36 program and other green building programs;
37
38 WHEREAS, the City of Virginia Beach is implementing energy and water
39 conservation measures and other conservation initiatives;
40
41 WHEREAS, the City of Virginia Beach is a participant in the Virginia Municipal
42 League (VML) Green Government Challenge, with a goal to become a "certified" Green
43 Government;
44
45 WHEREAS, the City of Virginia Beach has been designated as a "Tree City USA"
46 for the past 28 years and is in the process of creating an Urban Forest Management
47 Plan for the City;
48
49 WHEREAS, the City of Virginia Beach is initiating efforts to reduce carbon
50 emissions and improve air quality through the use of hybrid vehicles and other clean
51 technologies as well as implementation of an Anti-Idling Policy for City employees;
52
53 WHEREAS, the City of Virginia Beach is a "Keep America Beautiful" affiliate; and
54
55 WHEREAS, the City of Virginia Beach actively participates in national, state and
56 regional environmental and sustainability initiatives and will continue to support these
57 efforts.
58
59 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
60 VIRGINIA BEACH, VIRGINIA:
61
62 That through a process of monitoring and continuous improvement, the City will
63 maintain a comprehensive Environmental Management Program and develop an
64 Environmental Sustainability Program that will:
65
66 · Meet or exceed applicable state or federal regulatory requirements and provide
67 for periodic compliance reviews of City-owned operations and properties;
68
69 · Create a Sustainability Plan for the City of Virginia Beach to be presented to
70 City Council by December 31, 2009. The Plan will establish 1, 5, and 10 year
71 sustainability targets as well as establish initiatives designed to reach the targets
72 set out in the Plan; and
73
74 · Create a periodic report entitled "The State of Virginia Beach's Environment" in
75 order to document the implementation status of the Sustainability Plan and other
76 environmental initiatives.
77
78 BE IT FURTHER RESOLVED by the Council of the City of Virginia Beach,
79 Virginia, that the City Manager shall establish a Sustainability Advisory Team, in order
80 to oversee and coordinate these efforts within the City organization and with the
81 community, and to promote, implement, oversee, recommend, and track sustainable
82 practices and activities.
Adopted by the Council of the City of Virginia Beach, Virginia, this ~ay of
September, 2008.
I I
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~
City Attorney's Office
CA 10866
R-2
September 12, 2008
I i
- 24-
Item V-K.5.
ORDINANCES/RESOLUTIONS
ITEM # 58057
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution re proposed issuance of certain tax-exempt Revenue Bonds
by the Southeastern Public Service Authority (SPSA) with a portion of
the proceeds to be used for facilities located in Virginia Beach.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
I I
Exhibit A
Tax-Exempt Improvements
located in
the City of Virginia Beach, Virginia
Improvement
Locati on
Replacing two pickup trucks, one flatbed
delivery truck and one forklift
The sanitary landfill located at 1991 Jake
Sears Road, Virginia Beach, Virginia
Station fence, upgrade of tipping floor, The Oceana Transfer Station located at 2025
retaining walls and hopper for tipping floor and Virginia Beach Boulevard, Virginia Beach,
for tipping floor building Virginia
3
NY I 6726088v.1
1 A RESOLUTION OF THE CITY COUNCIL OF VIRGINIA
2 BEACH APPROVING THE PROPOSED ISSUANCE OF
3 CERTAIN REVENUE BONDS BY THE SOUTHEASTERN
4 PUBLIC SERVICE AUTHORITY OF VIRGINIA, A PORTION
5 OF THE PROCEEDS OF THE BONDS TO BE USED TO
6 FINANCE OR REFINANCE FACILITIES LOCATED IN THE
7 CITY
8 WHEREAS, the Southeastern Public Service Authority of Virginia (the
9 "Authority") anticipates making certain capital improvements and intends to finance or
10 refinance such capital improvements through the issuance of one or more issues of
11 revenue bonds in an aggregate principal amount up to $13,500,000 (the "Tax-Exempt
12 Bonds") which bonds will finance or refinance the facilities described in Exhibit A, all or
13 a portion of which are or may be located within the City of Virginia Beach (the "City")
14 (the "Tax-Exempt Improvements");
15
16 WHEREAS, under the Internal Revenue Code of 1986, as amended, prior to the
17 issuance of the Tax-Exempt Bonds, the Authority must hold a public hearing and
18 receive governmental approval of the issuance of the Tax-Exempt Bonds;
19
20 WHEREAS, such governmental approval can, by virtue of the location of certain
21 of the Tax-Exempt Improvements within the City, be given as to such improvements by
22 the City;
23
24 WHEREAS, Section 15.2-4906 of the Code of Virginia, 1950, as amended (the
25 "Local Approval Provision"), requires that, if certain authorities created pursuant to law
26 in Virginia hold a public hearing in accordance with federal law as a prerequisite to
27 undertaking a tax-exempt financing, such authorities must receive approval for the
28 financing from the governing bodies of the localities in which the improvements to be
29 financed are to be located;
30
31 WHEREAS, the Authority is an authority subject to the Local Approval Provision;
32
33 WHEREAS, on September 15, 2008, the Authority held a public hearing (the
34 "Hearing") regarding the issuance of the Tax-Exempt Bonds pursuant to a notice of
35 public hearing published twice, on August 29, 2008 and September 5, 2008, the last
36 such date being not less than six days after the second publication of such notice;
37
38 WHEREAS, the Authority has provided to the City Council the following: (i) a
39 reasonably detailed summary of the comments, if any, expressed at the Hearing; (ii) a
40 fiscal impact statement concerning the Tax-Exempt Bonds in the form specified in
41 Section 15.2-4907 of the Code of Virginia; and (iii) the Authority's request and
42 recommendation that the City Council approve the issuance of the Tax-Exempt Bonds;
43
44 WHEREAS, failure of the City Council to adopt this Resolution may result in the
45 Authority's issuance of taxable debt to finance the Tax-Exempt Improvements;
46 WHEREAS, the City's approval of the Tax-Exempt Bonds will in no way (1)
47 increase the City's liability with respect to any of the City's obligations under any
48 agreement or contract with the Authority, or (2) constitute any amendment or
49 modification of any such agreement or contract; and
50
51 WHEREAS, the City Council has determined to approve the issuance of the Tax-
52 Exempt Bonds;
53
54 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
55 VIRGINIA BEACH, VIRGINIA:
56
57 1. The City Council hereby approves the issuance by the Authority of the Tax-
58 Exempt Bonds.
59
60 2. This Resolution shall take effect immediately.
61
62 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of
63 Sppt-pmhpr ,2008.
Approved as to Content:
Approved as to Legal
Sufficiency:
.:;:,~C!~ l}~
Department of Finance
{(~;;-
CA 10854
R-3
September 11, 2008
2
I I
'..'"
, .... :,
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:~ I ;1
Regional Office.
723 Woodlake Drive. Chesapeake. V A 23320
phone: (757) 420-4700 fax: (757) 424-4133
www.spsa.com
Mr. James K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, V A 23456-9099
August 28 200~ ,,\;i .- .;; -~----:---:---~-"-;:=-1
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-.------ .
Red: Tax-Eiempt Revenue Bonds by SPSA (TEFRA-Tax Equity and Fiscal Responsibility Act)
Dear .flilre:
Th SA Board of Directors has expressed its intention to issue certain tax-exempt revenue bonds
up to $13.5 million to finance a portion of its FY 2009 Capital Improvements Program
(approximately $26.1 million in total). State and federal law requires SPSA to conduct a public
hearing and to vote publicly prior to issuance of the tax-exempt bonds.
In addition, the law also requires approval from each respective local governing body in which any
of the capital projects are proposed to be financed with proceeds from the tax-exempt bonds.
Following public notice, SPSA will convene the required public hearing on September 15, 2008.
No public hearing is required by the individual localities. The SPSA Board expects to approve the
financing at its next regular meeting on September 24, 2008.
Because a portion of the proceeds will be used to finance certain capital expenditures in Virginia
Beach, it is necessary for your Council to approve the financing. We ask that your Council
authorize the adoption of the attached resolution in support of the issuance of the tax exempt bonds
as noted above and herein.
Please be aware that SPSA's Board has approved its FY2009 Capital Budget. This resolution
relates only to tax exempt financing for certain of those approved capital expenditures. If you were
to decide to not approve this Resolution, the capital expenditures will still be made and the
financing will still proceed, but the portion devoted to the Virginia Beach capital expenditures
would have to be financed as a "taxable" bond issue, at a higher cost to the SPSA member
communities. Accordingly, because it reduces the expense of borrowing, it is clearly in all
members' best interest to approve the resolution.
Appended is a draft form of the resolution for your City Council, along with a fiscal impact
statement, certificate of adoption of resolution, and a memorandum from SPSA's bond counsel
explaining the TEFRA process.
Please do not hesitate to contact us should you have any questions or concerns.
Attachments
BOARD OF DIRECtORS
q~AI'!Y\J(f'
Bryan L Collins
fflA.':.J.J<:!.,I:-J
Barry Cheath.m
!$kE Qf.WI<.'>JIT
jaffi(s B Brown.J'
NQJ:tfQ\)5:
Don.ld L Willi.ms
crVlJ~\o\AN
I'QR"I.$,Y9J.JI1;I
Ray A Smith, Sr
V1C'E.GIAIRMAi'\i
?9lJ'lliAMPTON COlil'>.TY
n.lI.s 0 Jones
li.lfffO.LK
Leroy Bennett
V1Jl.GIN1AIlFAQI
Mich.el J Barretr
I:X!':(Yffi')'; PIll.!'qqR,
Rowl.nu L. Taylor
SPSA
P.O. Box 1.l46
Chesapeake. VA 2H20-Ij4b
@.:d."',.,::",';<.
S St[.'tEv ^~}sr)N llP
~-----l
IDLEYI
MEMORANDUM
TO:
City of Chesapeake
City ofNod()lk
City of Portsmouth
City of Sutfolk
City of Virginia Beach
Southampton County
Isle of Wight County
City of Franklin
Frank Robinson
August 26, 2008
CC:
FROM:
DATE:
As bond counsel to the Southeastern Public Service Authority of Virginia, I am providing
the following background for SPSA's request that each of the six addressees, where portions of
certain proposed FY2009 capital improvements to SPSA's Disposal System are located, grant
the "host approval"' required by federal and state law. The particular capital improvements in
SPSA's approved capital budget for its FY2009, located or to be located in your communities
and included as part of SPSA 's "Disposal System," are described in Exhibit A to the suggested
fOlm of proceedings provided to you. Capital improvements to SPSA's Power Plant cannot be
tinanced with tax-exempt debt (because it does not meet the detinition ofa "solid waste t~lcilityl.,
or a functionally related and subordinate annex thereto).
Virginia law [Va. Code 915.2-4906 and -4907) and the Treasury regulations relating to
the so-calkd TEFRA 2 approval process were designed primarily to assure that issuers, without
elected ofticials (such as industrial development authorities), of industrial development bonds
could not authorize such bonds before receiving input trom a public hearing and approval of the
elected ofticials in the communities where the facilities were to be located (host approval).
Because SPSA receives significant revenue pursuant to more than one-year contracts with
private entities such as the United States Navy and Virginia Power, SPSA's bonds arc private
activity hands subject to the TEFRA approval process if the interest thereon is to be tax-exempt.
The Virginia statute also requires that SPSA provide you, at the same time you consider
adoption of the proposed resolution granting TEFRA approval, with an "impact" statement and
an extract of the testimony from the public hearing SPSA is scheduled to hold 011 September 15.
I Secrions ] 41 (el( I) and ]42(a)(6), Internal Revenue Code of 1986, as amended,
2 The acronym for the Tax Equity and Fiscal Responsibility Act of 1984. TEFRA imposed the public hearing and
host approval requirements on what were then "industrial development bonds" and are now called "private activity
bonds" See IRe section 147(t)(2) and the regulations thereunder.
I I
SIDi~UEYI
The impact statement is appended. A summary of the comments of anyone who appears and
speaks at SPSA's public hearing on September 15 will be furnished you immediately attcr the
hearing.
As you consider adoption of the suggested resolution, please understand that 'the
consequence of your adoption of the requested resolution (TEFRA approval) is that SPSA may
finance the Disposal System improvements in your community on a tax-exempt basis. Your
failure to approve will cause SPSA to include such improvements with its Power Plant
improvemcnts in the taxablc borrowing that does not require TEFRA approval.
If, hypothetically, one community that is host to capital improvements that cost $500,000
declined to provide the TEFRA approval required for SPSA to issue tax-exempt bonds tor such
improvements, and the cost were instead to be financed with taxable bonds and amortized with a
four-year average life, SPSA, and the applicable localities through their tipping fees, would pay
an additional $40,000 in interest expense on the taxable bonds (assuming a 2% spread between
SPSA's tax-exempt and taxable borrowing rates),
The proceedings that SPSA is providing to you are closely modeled on those you were
provided in the fall of 2007, when each of SPSA's host localities gave approval for SPSA's
capital improvements in its community and thereby enabled SPSA to issue $25,145,000 of its
bonds for its FY2008 capital program on a tax-exempt basis.
SPSA will greatly appreciate your adopting the suggested resolution on or prior to
September 23, 2008. The SPSA Board expects to consider a resolution on September 24, 2008
that will authorize (A) taxable bonds for the Power Plant improvements and any improvements
to the Disposal System for which host approval is not timely received and (B) tax-exempt AMT
bonds for the improvements to the Disposal System for which host approval is timely received.
If you have any questions respecting SPSA's proposed financing. please feel free to
contact Walt Hunter. the CFO of SPSA. If your attorneys have any questions respecting the
suggested form of your resolution, please ask them to call me at 212-838-5323.
2
NYI 6725926v.2
flSCALIMPACTSTATEMENT
August 27. 2008
Applicant:
Southeastern Publil: Service Authority
I. Maximum amount of tinancing sought:
2. Estimated taxable value of the facility's
real property to be constructed in the
locality:
3. Estimated real property tax per year using
present tax rates:
4. Estimated personal property tax per year
using present tax rates:
5. Estimated merchants' capital tax per year
using present tax rates:
6. a. Estimated dollar value per year of
goods that will be purchased from
Virginia companies within the locality:
b. Estimated dollar value per year of
goods that will be purchased from
non- Virginia companies within the
NYI h725929v I
$16,750,000 (Approximately $964,956 for
projects in Chesapeake, $575,095 t()r projects
in Norfolk, $15,864,000 tor projects in
Portsmouth, $89,000 for projects in
Southampton Co., $8, J 61 ,500 for projects in
Suffolk and $40 I ,000 for projects in Virginia
Beach)
Total projects equal $26,055,551 plus cost of
issuance to be included.
N! A (The Authority's facilities are exempt
from real property taxation)
N! A (The Authority's facilities are exempt
from real property taxation)
N/ A (The Authority's facilities are exempt
from real property taxation)
N/ A (The Authority's facilities are exempt
trom real propeliy taxation)
N/A
locality:
\,;. Estimated dollar value per year of
services that will be purdlased trom
Virginia companies within the
locality:
d. Estimated dollar value pcr ycar of
servi\,;cs that \-vill be purchased from
non- Virginia companies with the
locality:
7. Estimated number of regular employees
on year round basis:
8. A veragc annual salary per employee:
NY I 6725424\.1
N/A
N/A
N/A
467
$43,627
Respectfully submitted,
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA
By:
Rowland Taylor, Executive Director
2
- 25 -
Item V-K6.
ORDINANCES/RESOLUTIONS
ITEM # 58058
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to ENDORSE the Elizabeth River 2008 Watershed Action
Plan and SUPPORT its restoration and conservation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
1 A RESOLUTION ENDORSING THE ELIZABETH RIVER
2 PROJECT 2008 WATERSHED ACTION PLAN AND
3 SUPPORTING THE GOALS AND VISIONS OF ELIZABETH
4 RIVER RESTORATION AND CONSERVATION
5
6 WHEREAS, the Elizabeth River Project is a nonprofit organization dedicated to
7 restoration and conservation of the Elizabeth River to the highest practical level of
8 environmental quality through comprehensive studies, development of action plans and
9 implementation of solutions;
10
11 WHEREAS, the Elizabeth River Project has formed partnerships and alliances
12 with community members, businesses, and local, state and regional government
13 agencies;
14
15 WHEREAS, the City of Virginia Beach has demonstrated an ongoing
16 commitment to work with the Elizabeth River Project in achieving its goals of restoring
17 wetlands and habitat, improving water quality and removing toxic sediments from the
18 river bottom;
19
20 WHEREAS, in 1998 the City of Virginia Beach began its partnership with the
21 Elizabeth River Project, the Cities of Chesapeake, Norfolk and Portsmouth, the United
22 States Army Corps of Engineers and the Commonwealth of Virginia to assist in
23 sediment clean up and wetland restoration;
24
25 WHEREAS, the Elizabeth River Nature and Canoe Trail at Carolanne Farms
26 Neighborhood Park has been designated a "River Star" by the Elizabeth River Project,
27 recognizing the City's contribution to maintaining the environmental integrity of the area;
28
29 WHEREAS, the Elizabeth River Project has recently completed the 2008 update
30 to its Watershed Action Plan through a participatory process including over one hundred
31 stakeholders, which encompasses many goals important to the City of Virginia Beach,
32 including continued wetlands restoration along the Eastern Branch and providing
33 educational and participatory opportunities for citizens, businesses and community
34 organizations;
35
36 WHEREAS, the City of Virginia Beach participated in the development, and
37 supports the vision and objectives of The River of the Future, Elizabeth River
38 Restoration and Conservation, A Watershed Action Plan.
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH, VIRGINIA:
42
43 That the City hereby endorses The River of the Future, Elizabeth River
44 Restoration and Conservation, A Watershed Action Plan, a copy of which is attached
45 hereto, and supports the actions and solutions therein to restore and conserve the
46 Elizabeth River.
Adopted by the Council of the City of Virginia Beach this 23rd day of
September , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
CA 10865
R-2
September 12, 2008
- 26-
Item V-K.7.
ORDINANCES/RESOLUTIONS
ITEM # 58059
Sam Reid, 1533 Virginia Beach Boulevard, Phone: 284-1067, President - Oceana Gardens Coalition of
Civic League, spoke in SUPPORT Mr. Reid expressed appreciation to the City Council, City staff and
citizens. Mr. Reid mentioned the abundance of neighborhoods aging in Virginia Beach i.e. Ocean
Gardens, Princess Anne Plaza, Aragona Village. Mr. Reid has just been elected President of the Council
of Civic Organizations (CCO).
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to ENDORSE the Report of Housing and Neighborhood
Preservation and DIRECT City Staff to develop proposals to implement
its recommendations
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
A RESOLUTION FOR CITY COUNCIL TO ENDORSE THE
REPORT OF THE CITY OF VIRGINIA BEACH HOUSING
AND NEIGHBORHOOD PRESERVATION PLAN AND
DIRECT STAFF TO DEVELOP PROPOSALS FOR THE
IMPLEMENTATION OF ITS RECOMMENDATIONS
WHEREAS, in September 2005, City Council adopted a resolution directing the
Planning Commission to examine and study the City's existing Development
Ordinances and recommend amendments in regard to "helping to preserve the
character and value of neighborhoods and housing and assist in their preservation and
en hancement;"
WHEREAS, the January 2007 report of the Workforce Housing Subcommittee
contained the following recommendations:
. Establish tax incentives for owners of existing housing that promote
reinvestment;
. Establish guidelines for housing renovation that are tailored to
individual neighborhoods;
. Establish a "design center" that provides design and related assistance
to owners and builders in order to promote and incentivize renovation
that is compatible with existing neighborhood character and design;
. Provide information, guidance, help in obtaining financing and design
assistance to residents who wish to renovate their housing; and
. Insure that capacity exists to preserve neighborhood quality on an
ongoing basis in all neighborhoods-adopt a Comprehensive
Neighborhood Revitalization Strategy;
WHEREAS, the Planning Commission Subcommittee on Preservation
(Preservation Subcommittee) was convened in January 2008 to research and develop
these recommendations;
WHEREAS, the Preservation Subcommittee has met regularly since that time
and has prepared an in-depth Report on a Housing and Neighborhood Preservation
Plan (Report) (a copy of which is attached to this Resolution);
WHEREAS, the recommendations in the Report address the types of tools and
enhancements that could be implemented to promote and provide incentives for the
voluntary improvement of housing that preserves and enhances quality housing and
neighborhood character in addition to a collaborative process for neighborhood
preservation and improvement on an ongoing, sustainable basis;
WHEREAS, on August 13, 2008 the Planning Commission endorsed the Report
and forwarded it to City Council for its consideration; and
46 WHEREAS, the Preservation Subcommittee requests that the City Council
47 endorse the Report and direct City staff to develop proposals for implementation of its
48 recommendations.
49
50 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
51 OF VIRGINIA BEACH, VIRGINIA:
52
53 That the City Council endorses the concepts contained in the Report on a
54 Housing and Neighborhood Preservation Plan, attached hereto, and directs City staff to
55 develop proposals to implement its recommendations.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 23rd
day of ~ppt-pmhpr ,2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
(}j~ fl. fY!~1
City Attorney's Office
CA 10842
R-3
August 27, 2008
I i
- 27-
Item V-K8.
ORDINANCES/RESOLUTIONS
ITEM # 58060
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to MODIFY the Virginia Board of Corrections Construction
Standards re the Corrections Center III building maintenance and
landscape.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
1 AN ORDINANCE TO REQUEST A MODIFICATION
2 TO THE VIRGINIA BOARD OF CORRECTIONS
3 CONSTRUCTION STANDARDS FOR CIP # 3-441
4 "CORRECTIONS CENTER ADDITION III/BUILDING
5 MAINTENANCE & LANDSCAPE RELOCATION"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That the City Council hereby requests a modification to the State Board of
11 Corrections minimum standards for planning, design, construction and reimbursement
12 of local correctional facilities to allow flexible metal electrical conduit be used in lieu of
13 liquid-tight flexible metal conduit for all lighting whips within the secure perimeter of the
14 Virginia Beach Correctional Center's new addition.
15
16 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd
17 day of September , 2008.
Approved as to Content:
Approved as to Legal
Sufficiency:
19 ~G-.
Management Services
~~~
CA 10862
R-3
September 15, 2008
I ,
- 28 -
Item V-K.9.a.b.
ORDINANCES/RESOLUTIONS
ITEM # 58061
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances to ACCEPT Grants from the Virginia Department of Motor
Vehicles (VDOT) and APPROPRIA TE to the Police Department's FY
2008-09 Operating Budget:
a. $51,570 with $10,314 matching funds re enforcement of seat belt laws
b. $67,930 with $13,586 matchingfunds re enforcement of DUI laws
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
I I
1 AN ORDINANCE TO ACCEPT A GRANT FOR THE
2 ENFORCEMENT OF SEAT BELT LAWS
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 1. That $51,570 is hereby accepted from the Virginia Department of Motor
6 Vehicles and appropriated to the Police Department's FY 2008-09 Operating Budget
7 for enhanced enforcement of seat belt laws, with estimated revenues increased
8 accordingly.
9
10 2. That $10,314 is hereby transferred within the Police Department's FY 2008-
11 09 Operating Budget for the required match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of September 2008.
Requires an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
.5)~~
Management Services
Z~~~
City Attorney's Offic .
CA 10859
R-2
September 12, 2008
1 AN ORDINANCE TO ACCEPT A GRANT FOR THE
2 ENFORCEMENT OF DUI LAWS
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 1. That $67,930 is hereby accepted from the Virginia Department of Motor
6 Vehicles and appropriated to the Police Department's FY 2008-09 Operating Budget
7 for enhanced enforcement of DUI laws, with estimated revenues increased
8 accordingly.
9
10 2. That $13,586 is hereby transferred within the Police Department's FY 2008-
11 09 Operating Budget for the required match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day
of September 2008.
Requires an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
jJ,
~~td ~
City Attorney's Office
CA 10860
R-2
September 12, 2008
- 29-
Item V-K.IO.
ORDINANCES/RESOLUTIONS
ITEM # 58062
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to ACCEPT a $70,000 Grant from the Virginia Mental
Health, Mental Retardation and Substance Abuse Services to Human
Services' FY 2008-09 Operating Budget to meet Mental Health state
regulations
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
I I
1 AN ORDINANCE TO ACCEPT STATE FUNDING FOR
2 CHILDREN'S MENTAL HEALTH SERVICES
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 That $70,000 from the Virginia Department of Mental Health, Mental Retardation
7 and Substance Abuse Services is hereby accepted and appropriated to the Department of
8 Human Services' FY 2008-09 Operating Budget to meet personnel and operating
9 requirements for new state regulations, with revenue from the commonwealth increased
10 accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd
September 2008.
day
Requires an affirmative vote by a majority of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
5~~~-~
Management Services
f~;r-
City Attorney's Office
CA 10861
R-3
September 17, 2008
- 30-
Item V-K.ll.
ORDINANCES/RESOLUTIONS
ITEM # 58063
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance AUTHORIZING Amendment to multi-year Agreement
between the United States of America and the City of Virginia Beach for
Encroachment Partneringfunds in the Inter-facility Traffic Area (ITA),
to increase Navy's funding obligation by approximately $4,000,000 to
$7,072,050.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing an amendment to the Multi-Year Agreement
between the United States of America and the City of Virginia Beach for
Encroachment Partnering funds in the Inter-facility Traffic Area, to increase
the Navy's obligation by approximately $4,000,000
MEETING DATE: September 23,2008
· Background: On September 25,2007, the City Council adopted Ordinance 3000B,
which authorized the City Manager to execute on behalf of the City an agreement
with the United States of America, Department of the Navy (the "Navy") in which the
Navy and the City agreed that the City would convey to the Navy restrictive
easements over property the City acquires in the Inter-facility Traffic Area (the "ITA"),
and the Navy would pay the lesser of the fair market value of the easement or 50%
of the City's acquisition cost of each ITA property (the "Encroachment Partnering
Agreement").
The Encroachment Partnering Agreement provided that the Navy would provide
initial funding in the amount of $3,000,000 and that additional funds were being
sought and would be accomplished by a modification of the Encroachment
Partnering Agreement.
The Navy has applied for, and the federal government intends to approved,
additional funding of approximately $4,000,000, and has requested a modification of
the Encroachment Partnering Agreement to increase the Navy's intended obligation
from $3,000,000 to approximately $7,072,050, or to the extent such funds are
obligated by the federal government. The exact additional amount will be
determined as available funds are obligated at the end of the Federal fiscal year.
The Navy's fiscal year ends September 30, and the amendment to the Agreement
must be signed on behalf of the City prior to that date.
There are additional willing sellers in the ITA, but at this time there are insufficient
funds in the ITA Acquisition Program to acquire these properties.
Amending the Encroachment Partnering Agreement is in accordance with the City's
on-going efforts to partner with the Navy to retain NAS Oceana as the East Coast
Master Jet Base and is an effective means of accomplishing the shared goal of
preventing future encroachment around the bases.
· Considerations: In May 2005, the Cities of Virginia Beach, Chesapeake and
Norfolk adopted the Hampton Roads Joint Land Use Study (JLUS), which
recommended the cities take certain steps to limit encroachment to protect the
public and the mission of NAS Oceana and Fentress, including acquiring property in
the ITA.
The ITA is an area that is largely undeveloped and presents the best opportunity to
prevent future incompatible development.
· Recomendations: Authorize the City Manager to execute an amendment to the
Encroachment Partnering Agreement with the Navy.
· Attachments: Ordinance .
Recommended Action: Approval A.. ~
Submitting DepartmentlAgel",cy: Planning Department/ \~tJ
City Manager~~ ~~ ( .
V:\applications\citylawprod\cycom32\ Wpdocs\D019\P004\00067695. DOC
I '
1 AN ORDINANCE AUTHORIZING AN AMENDMENT
2 TO THE MULTI-YEAR AGREEMENT BETWEEN THE
3 UNITED STATES OF AMERICA AND THE CITY OF
4 VIRGINIA BEACH FOR ENCROACHMENT
5 PARTNERING FUNDS IN THE INTER-FACILITY
6 TRAFFIC AREA, TO INCREASE THE NAVY'S
7 OBLIGATION BY APPROXIMATELY $4,000,000
8
9 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on
_0 September 25, 2007, the United States of America, Department of the Navy (the
:U "Navy") and the City entered into a Multi-Year Agreement on September 27, 2007, in
12 which the Navy and the City agreed that the City would convey to the Navy restrictive
13 easements over property the City acquires in the Inter-facility Traffic Area (the "ITA"),
14 and the Navy would pay the lesser of the fair market value of the easement or 50% of
15 the City's acquisition cost of the ITA properties (the "Encroachment Partnering
16 Agreement");
_7
_ 8 WHEREAS, the Encroachment Partnering Agreement provided that the Navy
::_ 9 would provide initial funding in the amount of $3,000,000 and that additional funds were
;~o being sought and would be accomplished by a modification of the Encroachment
; ~ 1 Partnering Agreement;
; ~ 2
;~3 WHEREAS, the City and the Navy desire to modify the Encroachment Partnering
;~4 Agreement to increase the Navy's intended obligation from $3,000,000 to approximately
;~5 $7,072,050, or to the extent additional funds are approved by the federal government;
: ~ 6
: ~ 7 WHEREAS, all of the other terms of the Encroachment Partnering Agreement will
:~8 remain the same;
: ~ 9
.10 WHEREAS, there are additional willing sellers in the ITA, but at this time there
: II are insufficient funds in the ITA Acquisition Program to acquire these properties;
12
.\3 WHEREAS, the City Council finds that amending the Encroachment Partnering
: 14 Agreement is in accordance with the City's on-going efforts to partner with the Navy to
.15 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of
: l6 accomplishing the shared goal of preventing future encroachment around the bases.
.17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
,10
<11 That the City Manager is hereby authorized to execute an amendment to the
,12 Encroachment Partnering Agreement to increase the Navy's intended obligation from
,13 $3,000,000 to approximately $7,072,050, or to the extent such additional funds are
,14 approved by the federal government.
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day
46 of september ,2008.
APP~OVED AS TO CONTENT:
\
) i~j..
APPROVED AS TO LEGAL SUFFICIENCY:
,4 . ~'
/ ( ."- /
, " s/ i.)~ ~/
City Attorney's Offic~)
CA-I0759
v :\applications\citylawprod\cycom32\ Wpdocs\DO 19\P004\00067692.DOC
9/22/08
R-l
V-L. PLANNING
- 31 -
ITEM # 58064
1. Applications for Conditional Use Permits:
a. CENTER VILLE BINGO, INC.
b. VIRGINIA BEACH INK
BINGO HALL
TATOO STUDIO
September 23, 2008
I I
- 32 -
v- L.1.
PLANNING
ITEM # 58065
Thefollowing registered in SUPPORT ofCenterville Bingo:
Attorney John Richards, represented the applicant and advised the applicant has been in business for
many years, in what was known as the FX Warehouse until the fire. Now operating on temporary power,
he had to move. Bingo is highly regulated by the State of Virginia and only allowed to operate forty-
eight (48) hours during the week (two consecutive days). His client will operate from 12:01 A.M
Saturday to MIDNIGHT Sunday. The proceeds from Bingo benefit area charities. The owner, Charles
Daniels, will have two (2) Police Officers on duty during the games to assure the safety of patrons. No
alcohol is served. The President of the Charles Town Civic League has indicated no problems with this
application. Attorney Richardson advised his client would contribute toward the cost of a traffic light and
would install a fence in the back.
Marty Williams, 1101 Kempsville Road, represented the Chesapeake Fraternal Order of Police, Phone:
287-8364. This organization has been playing bingo with Mr. Daniels for six (6) years and has been a
great success being able to assist many of the citizens through the proceeds.
Jenny Stennett, 1458 Jacob Road, Phone: 407-2984, represented the Hampton Roads Viper's Fast Pitch
Softball Club. Their Ball Club has been playing bingo with Mr. Daniels for ten (10) years, and her team
members have been afforded additional scholarship funds to continue education. The team is also able to
travel and play in tournaments in other areas with high visibility for College Scouts.
Kevin Bailey, 1813 Haver Hall Drive, Phone: 468-5293, advised he has provided security for Charles
Daniels' Bingofor the lastfourteen (14) years. Mr. Bailey is the Security Coordinator and has twelve
(12) officers working security. There are always two (2) security guards present (interior and exterior).
Mr. Bailey advised he would communicate with the civic leagues and attend the meetings to address their
concerns.
Skip Blanchard, 317 Saint Brie East Suffolk, Phone: 538-9414, represented the Portsmouth Fraternal
Order of Police, whose wives have played since 1991 without any issues. Paying Bingo assists the
Fraternal Order with their yearly visits to the Children's Hospitals and provides their gifts to kids as
well as turkeys to Veterans.
Daniel Van Buskirk, 2245 Windy Pines Bend, Phone: 427-6995, Property Manager for Woods Corner
Shopping Center. Several months ago, the Shopping Center entered into a lease with Mr. Daniels re the
Bingo. He will be a good addition to the shopping center. He is welcome as a neighbor. The Shopping
Center was purchasedfour (4) years ago. The Center has been upgraded. There is also a security guard
on premise to coincide with the hours of Food Lion. With the addition of Rudy and Kelley and the Bingo,
the Center is now 100% occupied. Mr. Buskirk will advise the owner of the necessity for a nicer fence in
the back of Farm Fresh, and better landscaping and signage. A strong buffer area is necessary in the
back of the shopping center abutting the neighborhood.
Charles Daniels, the applicant, advised he would work with the community, allowing their use of his
facility, and he will attend meetings concerning the various elements of the Centerville District.
September 23, 2008
I I
- 33 -
V-L.1.
PLANNING
ITEM # 58065 (Continued)
The following registered in OPPOSITION:
Celeste Green, 5152 Eagle Run Drive, Phone: 502-4097, resident of Brigadoon, mother of two young
boys and a part-time acijunct Professor of Public Administration and Vice President - Brigadoon Civic
League. Statement and petition of25 signatures in Opposition is hereby made a part of the record. "This
is not the type of business which is good for the community".
Patricia E. Dolan, 1809 Blue Knob Road, Phone: 226-8959, member of the community of CharIest own
and resides behind the shopping center. The majority ofresidents in this community just received the
information concerning the Bingo Hall and they have expressed concern re traffic.
Sandra Granger, 1705 Tweed Court, Phone: 479-6955, seventeen (17) year resident of Virginia Beach. ,
Statement is hereby made a part of the record. A "community is characterized by its businesses". Ms.
Granger has been a bingo volunteer for years for her son's gymnastic team and Tallwood High School's
band. Bingo centers should not be located in residential areas.
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council ADOPTED an
Ordinance upon application of CENTERVILLE BINGO, INC. for a Conditional Use Permit re a bingo
hall
ORDINANCE UPON APPLICATION OF CENTERVILLE BINGO, INC.
FOR A CONDITIONAL USE PERMIT FOR AN ASSEMBLY USE
(BINGO HALL) R090835296
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CENTERVILLE BINGO, INC. for a
Conditional Use Permit for an assembly use (bingo hall) on property
located at 1920 Centerville Turnpike, Unit 114A (GPIN 1455914345).
DISTRICT 1 - CENTERVILLE
The following conditions shall be required:
1. The applicant shall obtain all necessary building permits, inspections and a Certificate of
Occupancy from the Building Official of the City of Virginia Beach before a business license
is issued.
2. The days of operation are Saturday and Sunday only.
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-third of September Two
Thousand Eight
September 23, 2008
I i
- 34 -
v- L.1.
PLANNING ITEM # 58065 (Continued)
Voting: 9-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
Barbara M Henley
September 23,2008
- 35 -
V-L.2.
PLANNING
ITEM # 58066
Attorney R. Edward Bourdon, Pembroke Office Park- Building One, 281 Independence Boulevard,
Phone: 499-8971, represented the applicants (Ben Johnson and Greg Hayes). This is a request for a
tattoo studio in a 1200 square foot suite within an existing commercial center at 612 Nevan Road. The
building is attractive with a brickfac;:ade. Information containing letters in SUPPORT and articles re the
Olympic Champ Carly Patterson and her tattoos and the Hampton Roads Magazine section re a tattoo
parlor are made a part of the record. There will be no neon lighting, or tattoo selections posted on the
walls of the business. The suite will be built out andfurnished as an upscale hair salon. Tattoo selections
will be made from a computer screen.
Mark Gilbert, 612 Nevan Road #114, Phone: 428-0200, owner of the commercial center on Nevan Road,
spoke in SUPPORT.
Ann Kaplan, 2244 General Booth Boulevard, Phone: 472-6767, registered in OPPOSITION and read
the correspondence of Attorney Gary C. Byler who agreed with local businesses that the Hilltop area is
not a proper location for the tattoo saloon. Copies of correspondence from fourteen (14) individuals and
businesses who had filed written objections to the Conditional Use Permit are made a part of the record.
Upon motion by Councilman Wood, seconded by Councilman Villanueva, City Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH INK Conditional Use Permit re a tattoo studio at
612 Nevan Road.
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK,
CONDITIONAL USE PERMIT (TATTOO STUDIO), 612 NEVAN
ROAD, LYNNHAVEN DISTRICT R090835297
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIRGINIA BEACH INK, for a
Conditional Use Permit (tattoo studio), 612 Nevan Road, (GPIN:
24078854840000).
LYNNHA VEN DISTRICT.
The following conditions shall be required:
1. The Conditional Use Permit for a tattoo establishment is approved for a period of one (1)
year with an administrative review every year thereafter.
2. A business license shall not be issued to the applicant without the approval of the Health
Departmentfor consistency with the provisions of Chapter 23 of the City Code.
3. No sign, more thanfour (4) square feet of the entire glass area of the exterior wall(s),
shall be permitted on the windows. There shall be no other signs, including neon signs or
neon accents, installed on any wall area of the exterior of the building, windows and/or
doors.
4. The actual tattooing operation on a customer shall not be visible from any public right-
of-way adjacent to the establishment.
5. The hours of operation shall be 10:00 AMto 10:00 PM, Monday through Saturday and
from 12:00 PM to 8:00 PM on Sunday.
September 23,2008
- 36 -
V-L.2.
PLANNING
ITEM # 58066 (Continued)
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-third of September Two
Thousand Eight
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
- 37 -
V-M.l
APPOINTMENTS
ITEM # 58067
BY CONSENSUS, City Council RESCHEDULED the following Appointments:
HISTORIC SITES ORGANIZING COMMITTEE
REVIEW AND ALLOCATION COMMITTEE
September 23, 2008
- 38 -
V-M.2
APPOINTMENTS
ITEM # 58068
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Dorothy L. Wood
EFFECTIVE January 1, 2009
thru the unexpired term ending 12/31/2009
CHESAPEAKE BAY PRESERVATION AREA BOARD
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
- 39 -
V-M.3
APPOINTMENTS
ITEM # 58069
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
William J. Dale
unexpired thru 03/31/2010
HUMAN RIGHTS COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
- 40-
V-M.4.
APPOINTMENTS
ITEM # 58070
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Jamal Wallace, Junior
Green Run High School
2 year term
09/01/2008 - 06/30/2010
PARKS AND RECREATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
- 41 -
V-M.S.
APPOINTMENTS
ITEM # 58071
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Laura W. Habr
unexpired thru 12/31/2008 plus 3 year term 01/01/2009 -12/31/2011
Linwood O. Branch, III - representing Chamber of Commerce (No Term)
RESORT ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23,2008
I I
- 42-
V-M.6.
APPOINTMENTS
ITEM # 58072
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Kimberle A. Rizzo
4 year term
10/01/2008 - 09/30/2012
WORKFORCE HOUSING ADVISORY COMMITTEE
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice
Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Barbara M Henley
September 23, 2008
- 43 -
Item V.O.
ADJOURNMENT
ITEM # 58073
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:44 P.M.
Q~___Q'.___l~~/'"
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~f6~
City Clerk
~~~;
Mayor
City of Virginia Beach
Virginia
The Public Comment (allowed by City Council) re Non Agenda Item adjourned at 7:50 P.M.
September 23, 2008
- 43 -
Item V. O.
ADJOURNMENT
ITEM # 58073
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:44 P.M.
Q~_-L2'__X~~/'"
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~
City Clerk
~~~f
Mayor
City of Virginia Beach
Virginia
The Public Comment (allowed by City Council) re Non Agenda Item adjourned at 7:50 P.M.
September 23, 2008
- 44-
PUBLIC COMMENT
Michael Martinette, Jr. 700 Virginia Beach Boulevard, Phone; 423-4843. Today, Mr. Martinette spoke
with the Tidewater Dental Association and suggested the Oberndorf/Jones Free Dental Clinic. The
Secretary will petition four hundred (400) of the members and an additional one thousand (1,000)
members to perform free dental care for the City of Virginia Beach. Norfolk has a program, in which a
fee of $15 is charged for extractions. In Chesapeake, if an individual is eligible for Medicare or
Medicaid, dental care cannot be received free of charge. This is a "Catch 22". A letter needs to be
drafted and he will advise the address of the Executive Director - Dental Association. Mr. Martinette
will provide the information to the Mayor.
September 23,2008