DECEMBER 7, 2010 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WIL IJAM D. Sh,:SSOMS JR., At-Large
VICE MAYOR /.OUIS R. JONES, Bayside -District a
K/TA SWEET BEL/./TTO, At-Large
GI,F,NN R. DAV/S, Rnse Ha!! -District 3
WILL,/AM R. DeSTF.PH, At-Large
HARRY F.. D/b'7.F,L, Kempsville -Uistrict 2
ROBERT M. DYER, Centerville - Distrret l
BARBARA M. HEN/.F.Y, Princess Anne -District 7
JOHN E. UHR/N, Beach District 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -Uistrict S
CITY COUNCIL APPOINTEES
C/TYMANAGER -JAMES K. SPORE
C/TY A7TORNF. Y -MARK D. STILES
CITY ASSESSOR - JF,'RA/,D BANAGAN
CITY A(/DITOR -- LYNDON S. REM/AS
CITY C/,F.RK RUTH HODGF,S FRASF,R, MMC
II.
CITY COUNCIL BRIEFING
- Conference Room -
A. VOLUNTEER RESOURCES ANNUAL REPORT
Mary Russo, Director
CITY MANAGER'S BRIEFINGS
A. SCHOOLS -MOVING TOWARDS SUSTAINABILITY
Clay Bernick, Environment and Sustainability Office Manager
Tim Cole, Sustainable Schools Project Manager
B. RESTLESS PLANET -Status Report
Lynn Clements, Director, Museums and Cultural Arts
C. LYNNHAVEN PARKS and RECREATION OFFICES -Nike Site
Dave Hansen, Deputy City Manager
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION -Conference Room -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONF,. (757) 385-4303
FAX (757J 385-5669
E-MA/L: Ctycncl@vbgoucom
4:00 PM
5:30 PM
CITY COUNCIL AGENDA
7 December 2010
VII. FORMAL SESSION -City Council Chamber - 6:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Richard Keever
Senior Chaplain, Westminster Canterbury
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 November 23, 2010
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING:
1. REAL/PERSONAL PROPERTY TAX EXEMPTIONS
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances to EXEMPT Real/Personal Property Taxes
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
2. Ordinance to MODIFY $5-M interest-free loan Virginia Beach Rescue Squad purchase
ambulance for Rescue Station 14
3. Resolution to AUTHORIZE issuance of VBDA Bonds of $30-M for LifeNet Health
4. Resolution to AUTHORIZE Policy re change of use for Mobile Home Parks
5. Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to~abate
BPOL taxes
K.
6. Resolution to RECOGNIZE Human Rights/Diversity/provide welcoming/protective
environment in Virginia Beach
PLANNING
1. ST. ANDREWS UNITED METHODIST CHURCH Modification of Conditions
(approved 6/10/68) re additions at 717 Tucson Road (DISTRICT 2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
2. EAGLE AUCTION, INC. DB/A TIDEWATER AUTO AUCTION/EAGLE
HOLDINGS, LLC Modification of Condition No. 5/ADDING No. 7 (approved 11/14/06)
at 656 S. Military Highway (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION
APPROVAL
3. ZION TEMPLE MINISTRIES COGIC CUP re church at 4992-1 Euclid Road
(DISTRICT 2 -KEMPSVILLE)
RECOMMENDATION
APPROVAL
4. VIBRANT FUNDING, LLC CUP re Automobile Museum to display British sports cars at
410 18th Street (DISTRICT 6 -BEACH)
RECOMMENDATION
APPROVAL
5. EDEN VENTURES, LLC CUP re a bar/nightclub at 313 32na Street (DISTRICT 6 -
BEACH)
RECOMMENDATION -STAFF
PLANNING COMMISSION
APPROVAL
UNDECIDED
6. Resolution to AUTHORIZE Roadside Guide Signs along Shore Drive/Atlantic
Avenue/21St/ 25th/83ra Streets (DISTRICT 5 - LYNNHAVEN/DISTRICT 6 -BEACH)
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
BOARD OF ZONING APPEALS
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
VIRGINIA BEACH TOMORROW COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CEREMONIAL OATH OF OFFICE
MEMBERS OF CITY COUNCIL
FORMAL SESSION
6:00 PM
JANUARY 4, 201 I
THE HONORABLE LESLIE L. LILLEY
OFFICIATING
CITY COUNCIL
RETREAT
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-1-
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 7, 2010
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING to present the
VOLUNTEER RESOURCES ANNUAL REPORT in the City Council Conference Room, Tuesday,
December 7, 2010, at 4:00 P.M.
Council Members Present.'
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.•
None
Mayor Sessoms requested a MOMENT OF SILENCE in honor of Former Council
Member John A. Baum's passing on December 6, 2010.
December 7, 2010
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CITY COUNCIL `S BRIEFING
VOLUNTEER RESO URGES ANNUAL REPORT
Annual Statistics and Achievements
Fiscal Year 2009 - 2010 -Presentation to City Council
December 7, 2010
ITEM # 60468
4:00 P.M
Mary C. Russo, Director of Volunteer Resources, stated she was proud to provide the Fiscal Year 2009-
ZOIOAnnual Report. The Volunteer program continues to prosper through the dedication of Volunteer
citizens and City Staff. The exciting results are that 17,982 Volunteers dedicated 1,378,314 hours in
services valued at $19,028,644. This value equates to saving approximately 3.4 cents on each $100 of
the Real Estate Tax Rate.
i`
Excellence
. /~
Mrllion dollar Club
Fiscal Year 2009/2010 Hours Value
Emergency Medical Services 426,975 7,876,253
Sheriff 506,414 5,013,062
Parks and Recreation 160,363 1,638,715
_~_`
OverAchieve~s
140 000 & Over ~'~
$_ _,~
• Agriculture
•Aquarium & Historic Houses
:•Casa
•Convention & Visitors Bureau
•Fire & VBCERT
d•Human Services
•Juvenile Court Services Unit
•Mayor's Office
~~Pulice
Public Lii~'a___
December 7, 2010
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CITY COUNCIL `S BRIEFING
VOLUNTEER RESOURCES ANNUAL REPORT
ITEM # 60468 (Continued)
Performance
Fiscal Number of Hours FTE Dollar Value Avoided
Year Volunteers Worked Equivalent Rcal Estate Tax
Rate
09-10 17,982 1,378,314 661 $19,678,644 <3.4
i
Doing More with L,QS.r I'
Volgistics features that eliminate many hours of
manual record keeping!
•Online Application
•Volunteer Information Center (VicNet)
•Opportunity Directory
:•Email
• VicTouch
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December 7, 2010
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CITY COUNCIL `S BRIEFING
VOL UNTEER RESOURCES ANNUAL REPORT
ITEM # 60468 (Continued)
Vi.rion.r for the Future of Volunteering
• Storytelling
•Go Green
•Outcome development
Our Vision
A community where every person is inspired and empowered to contribute to the work
of local government.
Our Mission
To maximize the full potential of Volunteer service by:
Promoting awareness of opportunities for people to get involved
Fostering effective Volunteer Resource management
Documenting the scope and impact of Volunteer engagement
Celebrating the contributions and spirit of volunteerism
In addition to awards, the Rotary Club honors the Outstanding Volunteer of the Year. Susan Walston,
Deputy City Manager and City Manager's appointee to the Volunteer Council, as well as a Volunteer to
the Aquarium, assisted with displaying the various items of volunteer recognition. All recipients are
recognized in the Spring at the Gazebo in the Volunteer Recognition Garden. Various star awards are
given to the Volunteers for twenty, thirty and forty years, as well as Outstanding Youth Awards. A
personal Gift Certificate and personal letter, signed by the Mayor are presented to Volunteers who serve
anywhere from 500 to 1, 000 hours and above.
Mary introduced Kathleen Reed, one of the outstanding Volunteer Resource Managers. Kathleen
established the "Schedule Opening" feature. The Aquarium tested the waters this Summer and set up
scheduling for their Dolphin Watch Volunteers who use VicTouch and VicNet.
December 7, 2010
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CITY COUNCIL `S BRIEFING
VOLUNTEER RESOURCES ANNUAL REPORT
ITEM # 60468 (Continued)
Kathleen will be retiring in January, but promises to continue training as a Volunteer. Across the City all
the departments are utilizing Volgistics.
Deborah A. Wellington, maintains the data base for Volgistics and provides unselfish dedication. Mary
Russo also recognized Mary Freeman, Office Assistant -Office of Volunteer Resources, who provides
enormous support and assistance.
Councilman Wood referenced the success story of Public Works. When Jason Cosby assumed the
Directorship, there were no volunteers, now there are thirty-one (31)
December 7, 2010
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CITY MA NAGER `S BRIEFING
SCHOOLS -MOVING TOWARDS SUSTAINAILITY
4:18 P.M.
ITEM # 60469
The City Manager advised the Joint Energy Committee, comprised of the City and Schools, has made
tremendous strides in terms of moving toward more sustainable operations.
Clay Bernick, Environmental and Sustainability Office Manager, advised Virginia Beach City Public
Schools Holistic Approach to: Environmentally Sustainable Practices.
Tim Cole, Sustainable Schools Project Manager, described a fairly large `footprint " in this region:
85 schools
1 S, 000 employees
70,000 students
1,800 acres
10-Million square feet oJbuilding space
It is important to maintain a planet that is conducive for future generations. There were 3-Billion people
on the planet in 1960, 6.8-Billion in 2010 and anticipated 9+-Billion in 1960.
Mr. Cole cited the Environmental Goals:
Build sustainable buildings
Integrate environmentally sustainable practices throughout the
School division.
Educate the public about the importance of environmental
sustainability.
Build Environmentally Sustainable Buildings:
All new construction projects are designed to the USGBC LEED Silver criteria at a
minimum. Currently there are eight projects in carious stages of completion:
Hermitage Elementary, 1~`~` LEED certified Elementary School in Virginia
Great Neck Middle, under construction (LEED Silver pending certification)
Pupil Transportation, under construction (LEED Platinum pending certification)
College Park Elementary, under construction (LEED Platinum pending certification)
Kellam High School in design (LEED Platinum in Design)
Windsor Oaks Elementary (LEED Silver pending certification)
Virginia Beach Middle (LEED Silver pending certification)
Renaissance Academy (LEED Gold)
*LEED -Leadership and Energy in Environmental Design.
December 7, 2010
-~-
CITY MA NAGER `S BRIEFING
SCHOOLS -MOVING TOWARDS SUSTAINAILITY
ITEM # 60469 (Continued)
Some of the Features at VIRGINIA BEACH CITY PUBLIC SCHOOLS:
Rainwater Harvesting
Solar Thermal collectors
Photovoltaic cells (PV's)
Green Roofs
Wind Turbines
Zero Runoff Sites
Daylight Designed Classrooms
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The building, as a teaching tool, is a key component to educating the public. The kiosk shown here
highlights the various environmental features in the building while providing real time energy data at the
Renaissance Academy.
This data can be viewed online at http://Warwick,technology-view.cona/vbra
Signage is also located throughout the building to explain the value of environmental components to
students and visitors.
December 7, 2010
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CITY MA NAGER `S BRIEFING
SCHOOLS -MOVING TOWARDS SUSTAINAILITY
ITEM # 60469 (Continued)
Goal #2: Integrate Environmentally Sustainable Practices throughout the School Division
The SSC (Sustainable Schools Committee) was formed in September of 2006
The committee is comprised of representatives from the following departments:
Facilities Plannin and Construction Food Services
School Plant Curriculum and Instruction
Custodial Services Media and Communications
Su l Services Sa e Schools
Trans ortation Landsca e Services
Technolo Parks and Recreation
Environmentally Sustainable Practices are outlined in Policy 3-67 of the School Board of the City of
Virginia Beach.
Heighten awareness about the importance of environmental sustainability throughout the School Division
through the curriculum and the promotion of environmental programs and initiatives
Educate the Public about Environmental Sustainability
Sustainable School Liaison
PDP Courses
Environmental Clubs (57)
Cell Phone Recycling (62)
Outdoor Teaching Garden (34)
Green Schools Web Page www.vbschools.com/greenschools
GreenNews Newsletter
Farm to School
Safe Routes to School
Plastic Cap Recycling
Battery Recycling
Bike Share Program
Sustainability Advisory Team
Joint Energy Committee
Economic Development Vitality Team
December 7, 2010
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CITY MA NAGER `S BRIEFING
SCHOOLS -MOVING TOWARDS SIISTAINAILITY
ITEM # 60469 (Continued)
Awards
2010 Sustainable Development Honor Award for Virginia Beach Middle School
2010 Green School Challenge Platinum Award (Virginia School Board Association)
2010 Exhibition of School Architecture Platinum Award (Virginia School Board Association)
2010 Stewardship Recognition Award for Pupil Transportation
2010 Stewardship Recognition Award for Renaissance Academy
2010 Stewardship Recognition Award for Virginia Beach Middle School
2010 Stewardship Recognition Award for Great Neck Middle School
2010 Best Green Organization (Virginia Sustainable Building Network)
2010 Best Institutional Project (Virginia Sustainable Building network)
2009 Certified Green School Division (Virginia School Board Association)
2009 Sustainable Development Honor Award for Renaissance Academy
2009 Sustainable Development Merit Award for Brookwood Elementary School
2009 Sustainable Development Merit Award for Windsor Woods Elementary School
2009 Sustainable Development Merit Award for Windsor Oaks Elementary School
2008 Governor's Environmental Excellence Award
December 7, 2010
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CITY MANAGER `S BRIEFING
RESTLESS PLANET -One Year Status Report
4:35 P.M.
ITEM # 60470
Lynn Clements, Director -Virginia Aquarium and Marine Science Center, introduced Fred Napolitano,
incoming President -Virginia Aquarium Foundation, John Grosock, Project Manager -Public Works.
Tom Fraim represented the Foundation for the project, Russell Turner, worked with Ms. Clements on the
Capital Campaign Committee to raise private dollars (~27-Million), Dorcas Helfant -current President
- Virginia Aquarium Foundation, and Peter Sollogub, Project Architect.
The Mission
Inspire conservation of the marine environment through education,
research and sustainable practices
Mrs. Clements advised there are seventeen (17) Aquariums in the United States, which are in a similar
government situation. These Aquariums are located in Atlanta, Chicago, Los Angeles, New York, New
Orleans, San Francisco, Seattle, Tampa and Virginia Beach. The new age of the Aquarium is headed not
just for education (which is the core mission), but much more is being accomplished in research and
sustainable practices. There is evidence that the Aquarium is moving toward becoming a true nationwide
known research facility. The Noah National Marine Fisheries Service Section Six Program has awarded
the Commonwealth of Virginia, which comes to the Aquarium, a Marine Endangered Species Grant of
X4.6-MILLION. This is a grant for a comprehensive study of sea turtles throughout the Chesapeake Bay
and Ocean Waters off Virginia. This is a $4.1-MILLIDNFederal grant with a $500,000 match through
our Foundation.
Peter Sollogub, Architect -Cambridge Seven Associates, advised the involvement of the Community,
from the beginning in the early 1980's, is fundamental to this success. The first phase was 1986, with the
second phase beginning in 1996. The exhibits of the early 1980's became antiquated, so in the mid 2006,
the latest renovation was accomplished. The first exhibits were invigorated into what is now present day.
Mrs. Clements advised the hallmark has been to mix live animals with interactive exhibits. Therefore,
new exhibits are interactive along with the Aquarium. New interesting and endangered species animals
were brought in and tied back to the Virginia Habitat. One of the employees went to Borneo studying
crocodiles. Therefore, the Museum is becoming nationally known. Donations were taken to fund the trip.
The Aquarium is not just locally, but globally known.
December 7, 2010
-11-
CITY MANAGER `S BRIEFING
RESTLESS PLANET -One Year Status Report
ITEM # 60470 (Continued)
Restless Planet Highlights
Revenue and Attendance
July and August were the highest and second highest earned revenue months ever!
The First Full Year of Operations since Restless Planet opened:
Earned Revenues of $7,245,092
That is $1,815,847 (33%) more than the same period last year
Attendance of 649,360!
That is 8.9% above the same period last year!
Record Breaking Aquarium Attendance for the Months of
November 2009 34,502
December 2009 33,216
January 2010 30,847
Museums Stores
June 2010: Highest June revenue in Aquarium history $ 167,048
(This is a 10.5% increase over the previous June record
which occurred in June 2007- $ 151,178)
July 2010: Highest July revenue in Aquarium history
and the highest month ever! $ 230,054
(This is a 19% increase over the previous July record
which occurred in July 2004 - $193,003)
August 2010: Highest August revenue in Aquarium history $ 229,061
(This is a 22% increase over the previous August record
which occurred in August 2004 - $188,085)
September 2010 : Highest September revenue in Aquarium history $ 86,022
(This is a 12% increase over the previous September record
which occurred in September 2009 - $ 76,741)
December 7, 2010
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CITY MANAGER `S BRIEFING
RESTLESS PLANET -One Year Status Report
ITEM # # 60470 (Continued)
Memberships and Public Relations
Membership Revenues reached a record $657,764!
That is a 71 % increase ($273,179) since Restless Planet opened!
Memberships have increased from 4,900 to 8,200 households - a 60% increase!
Collected Admission Taxes $524,919
That is a 25% increase ($128,843) since Restless Planet opened!
The Restless Planet opening received more than $1 MILLION in media coverage value, including
Canadian publications and a WashingtonPost.com article worth $190,645!
What's Next
Aquarium and Owl's Creek District Plan
December 7, 2010
-13-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE
4:58 P.M.
ITEM # 60471
David Hansen -Deputy City Manager, spoke re the Lynnhaven Parkway Parks and Recreation
Facilities Initiative to construct New Facilities, relocate Parks and Recreation activities and, remove the
Industrial and Government Activities from the residential neighborhoods
Top 13
May 2007
1) Replace Animal Control and K-9 Unit
2) Replace City Wide Programs Office
3) Relocate Resort Maintenance Compound away from 14th Street
4) Construct Large Vehicle Repair Shop at Leroy Drive
S) Replace Euclid Yard Buildings
6) Relocate Emergency Medical Services Administration Building/Treasurer's Beach Branch
7) Replace Thalia Fire Station
8) Construct Special Ops/Evidence/Forensics Complex at Leroy Drive
9) Replace Parks and Recreation Landscape Services/Parks Construction Facilities
10) Replace Chesapeake Beach Fire Station
11) Replace Police 4lh Precinct
12) Replace Public Works Highways Modular Buildings at Landstown
13) Replace Blackwater Fire Station
December 7, 2010
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-14-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
History of the Parks and Recreation Property
(on Lynnhaven Parkway)
- Nike Battery N-36 facility (D-VA-557) was one of many Nike Missile sites
constructed in the late 1940s
- February of 1967 the US Government made a restricted (Parkland/Open Space usage)
quitclaim deed of these properties to the City of Virginia Beach
- Parkland usage restrictions remain in effect at both Lynnhaven sites
City Needs
- Modernize Parks and Recreation City-wide to accommodate City-wide programs
- Relocate to a compatible site
- Right-size to meet both current and future needs of P&R programs
- Relocate an industrial operation out of a residential area
- Redevelop Lynnhaven sites into a community accepted use
Modernization Strategy
- Approach Federal Government to remove the deed restrictions
- Refine Parks and Recreation requirements
- Develop financing strategy utilizing real estate portfolio while maintaining the City's asset
value
December 7, 2010
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-15-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
Modernization Strategy:
Actions to Date
DOI-USNPS memo received by Facilities Management on
Oct 17, 2007 detailing necessary steps.
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Conveyance of Deed Restrictions with Federal Government
request must include:
- A boundary survey of both properties (Restricted and Proposed Exchange
property)
- A fair market value appraisal for all properties
- A Phase I environmental assessment -Replacement property must be
environmentally safe
- An environmental assessment document for the total land exchange describing
the environmental effects of the proposed development -Phase II
Environmental Assessment
- The Environmental Assessment must clearly evaluate the environmental effects
of all related uses for each property
- An analysis by the City of the public park and recreation potential of the
proposed alternative parcel(s)
- A location map, legal description, program of utilization, and development
schedule for the replacement parcel(s)
- City Council Ordinance releasing the easement and transferring the
encumbrance to a new recreational area
Modernization Strategy
Actions to Date
- Conducted Phase I and Phase II Environmental Assessment of both Lynnhaven sites
- Completed appraisals on both sites
- Completed NEPA document
- Purchased exchange sites from Norfolk and private ownership
- Conducted Phase I Environmental Assessment on exchange site
- Submitted packet to DOI-USNPS for their review in August
- Continue conducting public meetings with civic organizations
- Refining Parks and Recreation requirements
December 7, 201 D
-16-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
Modernization Strategy:
Items Remaining
City Council permission to conduct a Public Hearing and present an Ordinance to release and
transfer the recreational easement
Finalize the historic building documentation L4W Virginia DHR direction
Council permission to pursue a modernization strategy for constructing new facilities,
relocating Parks and Recreation activities, and remove the industrial and government
activities from the residential neighborhoods
Lake Lawson and Lake Smith Natural Area
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40 acres of 1Nooded, Waterfront Acquired Through .
City's Qpen ,Space Program from ~Q:Ob -, „~,:,
December 7, 2010
-17-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
Consolidation of Landscape
Management Functions- Phase 1
2150 Lynnhaven Parkway ._ 4141 Dam Neck Road
Lynnhaven Yard Landscape Management
A.
B.
Landscape Management Division will relocate approximately 53 personnel from Lynnhaven
Yard facility (21 SO Lynnhaven) to Landscape Management facility at 4141 Dam Neck Road for
a facility that provides landscape management of all City and School sites and landscaped
roadways in the centraUsouthern two-thirds of the City
Current functions on the site include a mechanic's shop, a welding shop, a carpenter's shop,
administration offices, storage space for a variety of materials and equipment, stock pile areas,
parking for utility vehicles and other miscellaneous functions. These functions will need to be
moved to the new site
This relocation will require an addition to the building along with some reprogramming. The
study team will need to look at the overall staffing and consequent programming in a holistic
fashion
Consolidation of Parks and Recreation
Management Functions -Phase 2
Princess Anne Commons
Existing: 2189 Lynnhaven Landstown Road at
Parkway (Phase I) Dam Neck Road
December 7, 2010
Landscape Management Facility
Phase 1 Requirements
-18-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
Parks and Recreation Management Services Consolidated
Phase 2 Requirements
Parks & Recreation Administration will relocate approximately 116 personnel to a centralized location
in the Princess Anne Commons area to consolidate the following public service junctions:
^ Programming & Operations -Management of all Parks and Recreation center
operations and programming
^ Athletic field and courts assignment/programming
^ Special events permitting
^ Director's Office and Business Systems -Accounting of revenue%xpenditures,
procurement, personne[/Volunteer Resources
^ Resource Development
^ Planning, Design and DevelopmendCapital Improvement Program Management
^ Out-of-School-Time Management
A. Construct 15,000 square feet to accommodate 76 personnel from the City-Wide office and a
few staff at various temporary locations
B. Construct S, 000 square feet of storage facility
C. Construct 12, 000 square feet to accommodate 40 personnel from the Municipal Center
(Buildings 19 & 21)
City policy requires the buildings be LEED certified
Alternatives
- Traditional Two Step Alternative: Sell property first. Temporarily relocate P&R Activities.
Appropriate additional funding. Follow standard competitive procurement for design and
construction.
- New Initiative One Step Alternative: Take advantage of PPEA to swap land for newly
constructed buildings. Market scope of the new facilities and provide detailed information of
the land to be used in trade. Upon receipt of a private proposal, present to City Council for
competitive process approval
Advantages of the PPEA Initiative
Land Trade for New Construction
- Allows City to use its real estate holdings in trade for construction of new facilities
- Avoids incurring an appropriation and long term debt
- Allows staff to develop the initiative outside the budget cycle
- Provides for a best value selection versus low bid
- Enables developer/builders to maximize their innovation and efficiencies, creative private
financing and design-build contracting in submitting their proposal and delivering a quality
product in a timely manner
- Detailed Phase submissions clearly identify conformity to desired scope
- Using a phased approach can incentivize interested participants
- Relocates industrial operations away from residential neighborhoods
- Better than reasonable assurance of a fair return in that government estimate of new
construction exceeds appraised land value to be traded
- Improved marketability with the FY14 construction of Lynnhaven XI
- Initiates a positive action to improve working conditions and service delivery for our staff and
our citizens
December 7, 2010
-19-
CITY MANAGER `S BRIEFING
L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE
ITEM # 60471 (Continued)
Disadvantages of the PPEA Initiative
- Attempts something new in using the State Code which authorizes the City to undertake a land
swap
- May limit pool of interested developer/builders
Request of City Council
- Authorize a Public Hearing re: releasing recreational easement and transferring it to the Lake
Lawson and Lake Smith Natural Area (14 December)
- Authorize Staff to bring forth an Ordinance for City Council's review and possible approval
following the Public Hearing (14 December)
- Authorize City staff to continue developing the initiative (land swap for new Parks and
Recreation facility construction) in order to generate sufficiency of private interest resulting
in the receipt of a PPEA proposal for City Council to consider
BY CONSENSUS, a Public Hearing re: releasing recreational easement and transferring it to the Lake
Lawson and Lake Smith Natural Area and an Ordinance shall be SCHEDULED for the City Council
Session of December 14, 2010.
December 7, 2010
-20-
CITY COUNCIL COMMENTS
5:44 P.M.
ITEM # 60472
Councilman DeSteph referenced the "Pearl Harbor Remembrance" Ceremony today at Little Creek in
honor of the Survivors.
ITEM # 60473
Council Lady Bellitto advised she served as Guest Speaker at a DARE Graduation Ceremony last week at
Windsor Woods Elementary School. Those enterprising fourth graders took the opportunity to lobby
Council Lady Bellitto to be sure the DARE program was not cut from the budget. Two of the fourth grade
sessions wrote a letter to all Council Members, which were signed personally by each student.
The City Clerk shall makes copies of the correspondence and provide these to City Council
December 7, 2010
-21-
AGENDA REVIEW SESSION
5:38 P.M.
ITEM # 60474
4. Resolution to AUTHORIZE a City Council Policy re a change of use for Mobile Home Parks
A speaker registered re this item.
ITEM 60475
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinances to EXEMPT Real and Personal Property Taxes
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
2. Ordinance to MODIFY a $S-Million interest free loan to the Virginia Beach Rescue
Squad for the purchase of a new ambulance for Rescue Station 14
3. Resolution to AUTHORIZE issuance of Virginia Beach Development Authority (VBDA)
Industrial Development Revenue Bonds in the amount of $30-Million for LifeNet Health
5. Resolution to ADD a request for enabling legislation to the 2011 Legislative Agenda to
abate Business, Professional and Occupational License (BPOL) taxes during the first two
license years of a business
6. Resolution to RECOGNIZE Human Rights and the Diversity by providing a welcoming
and protective environment in Virginia Beach
December 7, 2010
-22-
A GENDA REVIEW SESSION
ITEM # 60476
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K PLANNING
1. Application of ST. ANDREWS UNITED METHODIST CHURCH for Modi ication
of Conditions (approved 6/10/68) to allow three additions at 717 Tucson Road
(DISTRICT 2 - KEMPSVILLE)
2. Application ofEAGLEAUCTION, INC. D/B/A TIDEWATER AUTO
AUCTION/EAGLE HOLDINGS, LLCfor Modification of Condition No. S and
ADDING No. 7 (approved 11/14/06) re lighting and fixtures at 656 S. Military
Highway (ni CTA7r'T 7 AA7A7!'&'OQ AT/T7G') (DISTRICT 2 - KEMPSVILLE)
3. Application of ZION TEMPLE MINISTRIES LOGIC for a Conditional Use Permit
re a church at 4992-1 Euclid Road (DISTRICT 2 - KEMPSVILLE)
4. Application of VIBRANT FUNDING, LLCfor a Conditional Use Permit re an
Automobile Museum to display British sports cars at 41018`" Street (DISTRICT 6 -
BEACH)
5. Application of EDEN VENTURES, LLC for a Conditional Use Permit re a bar and
nightclub at 313 32"d Street (DISTRICT 6 -BEACH)
6. Resolution of FIRST LANDING FOUNDATION to AUTHORIZE five (S)
Roadside Guide Signs along Shore Drive, Atlantic Avenue, 21 r`, 25`" and 83'd Streets
(DISTRICT S - LYNNHAVEN and DISTRICT 6 -BEACH)
Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia,
re City Council's discussion and vote on the application of the Trustees of St. Andrews United Methodist
Church for modification of a conditional use permit for property located at 717 Tucson Road. The
applicant has employed JD & W, Inc., to construct the additions that are the subject of the application.
Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood DISCLOSED this
interest and will ABSTAINfrom voting on this matter. Councilman Wood's correspondence of December
7, 2010, is hereby made a part of the proceedings.
Item K.S (EDEN VENTURES, LLC) shall be WITHDRAWN, BY CONSENT, as per request of
applicant.
Council Lady Henley will vote a VERBAL NAY on Item 6. (First Landing Foundation)
Item 6 (First Landing Foundation will be ADOPTED, BY CONSENT, AS AMENDED, with five (S)
Roadside Guide Signs.
December 7, 2010
- 23 -
ITEM # 60477
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees, Authorities,
Agencies and Appointees
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at S: 45 P.M.
Voting: I 1-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis
R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: S: 45 P.M. - S: SS P.M.)
December 7, 2010
-24-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 7, 2010
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 7, 2010, at 6:00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood.
Council Members Absent:
None
INVOCATION: Reverend Richard Keever
Senior Chaplain, Westminster Canterbury
Reverend Keever presented a MOMENT OF SILENCE in honor of Former Council
Member John A. Baum's passing on December 6, 2010.
PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved- in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to
thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
December 7, 2010
- 25 -
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 off cial records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of ident~ing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of ident~ing 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.Ianuary 27, 2004, is hereby made a part of the record.
December 7, 2010
-26-
Item V--E.1
CERTIFICATION
ITEM # 60478
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE 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: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .lames
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
o -
s ~; %
9
Qrs ~-_._- a e"
~F OUR NPI~Ut~
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 #60477, Page 23, 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 RESOLVED: That the Virginia Beach Ciry 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 Ciry Council.
th Hodges raser, MMC
City Clerk
December 7, 2010
-27-
Item V-F.1
ITEM # 60479
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of November 23, 2010.
Voting: I1-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
-28-
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60480
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 7, 2010
-29-
Item V H.l.
PUBLIC HEARING ITEM # 60481
Mayor Sessoms DECLARED A PUBLIC HEARING:
REAL and PERSONAL PROPERTY TAX EXEMPTIONS
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
December 7, 2010
-30-
Item J.
ORDINANCES/RESOLUTIONS ITEM # 60482
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1.1 a/b/c, 2, 3, S and 6 of the CONSENT AGENDA.
Item 4 (City Council Policy re Mobile Home Parks) was pulled for discussion as speakers were
registered.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
December 7, 2010
-31-
Item J 1.
ORDINANCES/RESOLUTIONS ITEM # 60483
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to EXEMPT ReaUPersonal Property Taxes
a. Aragona-Pembroke Little League, Inc
b. ORPHANetwork
c. T.D. Edwards Foundation
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
December 7, 2010
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AN ORDINANCE TO DESIGNATE ARAGONA-
PEMBROKE LITTLE LEAGUE INC. AS BEING
EXEMPT FROM LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local real and personal property taxes to Aragona-Pembroke
Little League Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
Aragona-Pembroke Little League Inc. as a charitable organization within the context of §
6(a)(6) of Article X of the Constitution of Virginia.
2. That real and personal property owned byAragona-Pembroke Little League Inc.
located within the City of Virginia Beach that is used exclusively for charitable purposes on
a nonprofit basis is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property Aragona-Pembroke Little League Inc. for
exclusively charitable purposes;
(b)that each July 1, Aragona-Pembroke Little League Inc. shall file with the
Commissioner of the Revenue a copy of its most recent federal income tax
return, or, if no such return is required, it shall certify its continuing tax
exempt status to the Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, Aragona-Pembroke Little
League Inc. shall file an exemption application with the Commissioner of the
Revenue as a requirement for retention of the exempt status of the property;
and
(d) that Aragona-Pembroke Little League Inc. cooperate fully with the
Commissioner of the Revenue with respect to audit of its financial records,
compliance with the terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the stn day of
nAramhr~r, 2010.
Requires an affirmative vote ofthree-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
. •
. ^~
Commissi ne the Revenue
CA11593
R-2
November 16, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
ey's Office
ENTITY NAME
Aragona Pembroke Little League Inc.
T/A Aragona Pembroke Little League
595 De Laura Lane
Virginia Beach, VA 23455
Website
http : //www. eteamz. com/AragonaPembroke/
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
Aragona Pembroke is one of the oldest little leagues in the City of Virginia Beach, with 50 years of
service to the youth of our community. Children age 4 through 181earn the fundamentals of teamwork,
discipline, character, loyalty and how to have fun. This league offers tee ball, softball, baseball, and
Challenger divisions in both the spring and the fall.
TAX IMPACT
Business Property: Assessment: None
Tax: None
Personal Property Assessment: None
Tax None
Real Property
595 De Laura Lane Assessment: $ 491,000.00
Tax: $4,369.90
RELEVANT INFORMATION
IRS Granted 501 (c) 3 status -January 12, 1998
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AN ORDINANCE TO DESIGNATE THE
ORPHANETWORK AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to ORPHANetwork.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates
ORPHANetwork as a charitable organization within the context of § 6(a)(6) of Article X of
the Constitution of Virginia.
2. That personal property owned by ORPHANetwork located within the City of
Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property ORPHANetwork for exclusively charitable
purposes;
(b) that each July 1, ORPHANetwork shall file with the Commissioner of the
Revenue a copy of its most recent federal income tax return, or, if no such
return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, ORPHANetwork shall file
an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property; and
(d) that ORPHANetwork cooperate fully with the Commissioner of the Revenue
with respect to audit of its financial records, compliance with the terms of this
ordinance.
4. That the effective date of this exemption shall be January 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the qtr day of
December, 2010.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
. .
--~-~r
Commissioner o e Revenue
CA11744
R-1
November 9, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
ity e s Office
ENTITY NAME
ORPHANetwork
l 500 N. Great Neck Road
Virginia Beach, VA 23454
Website: httn://www.ornhanetwork.or
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
ORPHANetwork is a 501(c)(3) organization with a mission of helping orphaned and vulnerable children.
Today, ORPHANetwork partners with orphanages, community outreach programs, and feeding center
projects. They have also developed relationships with other Nicaraguan organizations who demonstrate
their heart for vulnerable children through running Christian-based orphanages. The Network creates
programs to help kids transition frou~ orphanages into the world as successful adults who have the
training, education and a foundation in the Christian faith to fulfill their potential in their communities
and beyond.
The mission of ORPHANetwork is simply to: Rescue abandoned children; Prevent at-risk children from
being abandoned; Create the opportunity for a new life; Share Christ with everyone.
TAX IMPACT
Business Property: Assessment: $1910.00
Tax: $70.68
Personal Property Assessment: None
Tax
Real Property Assessment: None
Tax
RELEVANT INFORMATION
IRS Granted 501 (c) 3 status -March 7, 2002
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AN ORDINANCE TO DESIGNATE T.D. EDWARDS
FOUNDATION AS BEING EXEMPT FROM LOCAL
PERSONAL PROPERTY TAXATION
WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
the City of Virginia Beach has advertised and conducted a public hearing on the issue of
granting an exemption from local personal property taxes to T.D. Edwards Foundation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach, Virginia, hereby designates T.D.
Edwards Foundation as a charitable organization within the context of § 6(a)(6) of Article X
of the Constitution of Virginia.
2. That personal property owned by T.D. Edwards Foundation located within the
City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis
is hereby exempt from local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property T.D. Edwards Foundation for exclusively
charitable purposes;
(b) that each July 1, T.D. Edwards Foundation shall file with the Commissioner
of the Revenue a copy of its most recent federal income tax return, or, if no
such return is required, it shall certify its continuing tax exempt status to the
Commissioner of the Revenue;
(c) that every three years, beginning on July 1, 2012, T.D. Edwards Foundation
shall file an exemption application with the Commissioner of the Revenue as
a requirement for retention of the exempt status of the property; and
(d) that T.D. Edwards Foundation cooperate fully with the Commissioner of the
Revenue with respect to audit of its financial records, compliance with the
terms of this ordinance.
4. That the effective date of this exemption shall be January 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of
December, 2010.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
. •
-~~
Commissioner he Revenue
CA11745
R-1
November 9, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
y rney's Office
ENTITY NAME
T. D. Edwards Foundation (TDEF)
803 Mission Ave
Virginia Beach, VA 23462
Website
http://tdedwardsfoundation.or~/
SUMMARY OF NONPROFIT BUSINESS ACTIVITY
Mission Statement:
To inspire young lives of today to be-great achievers of tomorrow through empowerment resources and
em•ichment programs that reinforces positive social, emotional, and cognitive experiences in life.
The foundation provides free open-education tools and resources in a virtual environment though the
TDEF website, Peer-to-Peer University, and Secondlife.com. All available resources can be viewed on
screen or downloaded at no cost. Existing topics include faith based initiatives, social economical
improvement, family, relationship, and entrepreneurship.
The TDEF has recently started a new pilot project called "Mat Ambassadors Club". The wrestling club
targets a variety of youth with diverse backgrounds such as those who reside in underserved communities
or inexperienced youth who are unfamiliar with the sport. The program allows children to burn off extra
energy, shed a few pounds if needed; and interact with other children in a positive environment and a
"different crowd" for a while. The club meets at the Greenbrier Family YMCA. Through collaborative
efforts, members are also able to participate along with other youth in the Great Neck Wrestling Club,
Beach Boyz Wrestling Club, and Mat Rats Wrestling Club, which are all located in Virginia Beach. More
information can be found at http~//www.eteamz.com/mat-ambassadors/
TAX IMPACT -
Business Property: Assessment: $698.80
Tax: $25.86
Personal Property Assessment: None
Tax
Real Property Assessment: None
Tax:
RELEVANT INFORMATION
IRS Granted 501 (c) 3 status -November 6, 2006
City Hall
Virginia Beach, VA 23456-9002
Philip J. Kellam
Commissioner
November 9, 2010
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Subject: Initial Report on Applicants for Exemption from Property Taxes
Dear Mayor and Council Members:
VBgov.com/cor
Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation
from personal and real property taxed. The City Council accepted this authority and ordained a policy utilizing
the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemptionZ.
On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the
Revenue to review and report to City Council on such applications3.
The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for
exemption from personal property taxes:
Orphanetwork
T. D. Edwards Foundation
After reviewing each application and meeting with representatives of the applicants, I can report the following
applicants qualify for exemption from real property taxes:
Aragona Pembroke Little League Inc.
1 am available if you have questions or concerns regarding the recommendations.
Sincerely,
•
Phili J. Kellam
Commissioner of the enue
F,nclosures
Code of Virginia 58.1-3651
' ORD-27981
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Original Proposal
Title: Ciry Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4
1.0 Purpose and Need
Purpose: To establish criteria for approval of resolutions by City Council to exempt, by
designation, local nonprofit organisations from real and personal property taxes.
Need Ciry Council has requested guidance as to criteria for considering exemptions as well as a
procedure for reviewing requests for exemption from local property taxes. The Commissioner of
the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort
to streamline the exemption review process for local nonprofit organizations and provide
necessary analysis and oversight of the application process.
Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local
governments may, by designation, exempt the real and personal property of nonprofit
organizations from local property taxes if used exclusively for religious, charitable, patriotic,
historical, benevolent, cultural, or public park and playground purposes. However, as provided
in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the
property. .
2.0 Policy
The Ciry Council is not required to designate any organization properly applying for exemption
from taxation, and every designation of an organization is conditioned upon compliance with the
terms of this policy and any ordinance granting the exemption. If an organization does not
comply with these requirements, the Ciry Council may revoke the tax exemption after providing
notice and a hearing to the organization. Any revocation of an exemption shall be effective at the
beginning of the tax year during which the revocation occurs.
The applicant or a representative of the applicant shall provide the Commissioner of the Revenue
detailed information necessary to determine the benefits to the public that wil! result from
granting tax exemption. In considering applications, the Commissioner of the Revenue shall
employ the following guidelines:
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 :of 4
The organization must be exempt from federal income tax pursuant to Intema! Revenue
Code § 501(c).
2. Personal or real property for which an exemption is sought cannot be used by any member
of the organization or other persons except for non-profit purposes benefiting the non-profit
organization applying for exemption.
3. The organization must be in compliance with all Ciry ordinances and regulations (including
' but not limited to building, property maintenance, and zoning codes) and all applicable tax
obligations.
4. The organization must provide a service to the residents of the City that results in a benefit to
the public (tangible or intangible).
The following requirements apply to each entity exempted from local property taxes by the City
Council:
1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year)
its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If
not required to file Form 990 or 990 EZ, then the organization must annually certify on
form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status.
Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and
City Attorney, and is grounds for revocation of tax exempt status.
2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall,
every three years, file an exemption application with the Commissioner of the Revenue as a
requirement for retention of the exempt status of the property. The application form shall be
approved as to form by the City Attorney.
3. Each entity exempted from local property taxes must cooperate fully with the Commissioner
of the Revenue with respect to audit of its financial records, compliance with the terms of this
policy, and compliance with any ordinance granting tax exemption.
3.0 Procedure to Accomplish Polio
1. Organizations applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may betax-exempt by classification,
pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the
Virginia Code. If the organization is not exempt, but meets the criteria of organizations that
can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive
Title: City Council Policy Regarding Applications for Tax Exemption by
Designation
Date of Adoption: Febniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4
an application from the Commissioner of the Revenue. The application form shall request all
information required by Virginia Code §58.1-3651 and be approved as to form by the Ciry
Attorney.
2. Applications for exemption shall be considered quarterly. Applications for exemption must
be submitted to the Commissioner of the Revenue. Applications shall be submitted no later
than October 1 of the year preceding the effective date of the exemption. Based on the
criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review
each application and make a report to City Council regarding whether an organization
qualifies for exemption under Iaw and Ciry policy. The Commissioner of the Revenue will
not submit applications he deems incomplete to City Council for a determination.
3. The Commissioner of the Revenue shall forward copies of the applications along with his
written findings to the City Attorney. The City Attorney shall prepare the necessary
ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications
are properly advertised and placed on the City Council's agenda for a public hearing and
formal consideration.
4. The Ciry Council will conduct a public hearing and consider the criteria set forth in Virginia
Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the
Revenue.
5. Any exemptions granted shaIl be effective as of the next January 1.
6. Exemptions, as well as any departure from these guidelines, shall require approval by three-
fourths (3/4) of the members of Ciry Council.
4.0 Responsibility and Authoritx„
Responsibility for initiating application for exemption and timely providing any information or
application required by the Commissioner of the Revenue shall rest with the organization seeking
exemption. Responsibility for making available information, application for exemption, verifying
submitted tax information and reporting on the initial and continuing status of the taxpayer shall
rest with the Commissioner of the Revenue.
Responsibility for preparing required ordinances, arranging for the advertising of public hearings,
and placing items on the Ciry Council's agenda for a vote on proposed exemptions shall rest with
the Ciry Attorney. Responsibility for the final determination of the public benefits resulting from
tax exemption shall rest exclusively with the City Council.
Title: City Ccuncil Policy Regarding Applications for Tax Exemption by
Design;uion
Date of Adoption: ?ebruary 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4
5.0 Definitions
PUBLIC BF;NEFIT- Any benefit or advantage expected to be realized by the public, whether
tangible or intangible, which may accompany the tax exemption.
LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real
estate or tangible personal property.
6.0 ecific Re uirements
In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively,
documentaticm forwarded to the City Council shall include submission of an application form in
form and sut~stance substantially as presented in the attached Exhibit A, as well as any additional
information that the applicant wishes to present to the City Council.
-32-
Item J 2.
ORDINANCES/RESOLUTIONS ITEM # 60484
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to MODIFY the $S-Million interest-free loan to Virginia
Beach Rescue Squad for the purchase of an ambulance for Rescue
Station 14
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
December 7, 2010
1 AN ORDINANCE TO MODIFY THE $5,000,000
2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH
3 RESCUE SQUAD
4
5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia
6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and
7 construction of a new building; and
8
9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated
10 September 5, 2007, in the amount of $5,000,000; and
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12 WHEREAS, the City and the Rescue Squad desire to modify the payment due on
13 September 5, 2011, add an additional payment of $250,000 to be paid on or before
14 September 5, 2018, and change the "Maturity Date," as that term is defined in the Note, to
15 September 5, 2018.
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17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
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20 That, subsequent to execution of same by the Rescue Squad, the City Manager or
21 his designee is authorized and directed to execute an amendment to the Note to change the
22 payment due on September 5, 2011, to add a payment due on September 5, 2018, and to
23 change the "Maturity Date" of the Note.
Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day
of neremher 2010.
Approved as to Content:
mergency Medical Services
Approved as to Content:
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Management Services
Approved as to Legal Sufficiency:
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CA11753
R-1
November 29, 2010
AMENDMENT TO PROMISSORY NOTE BETWEEN
THE CITY OF VIRGINIA BEACH
AND
THE VIRGINIA BEACH RESCUE SQUAD, INC.
Whereas, the City of Virginia Beach received a promissory note ("Note") from the
Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and
Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to
modify the Note as provided herein;
NOW, THEREFORE, the Note is hereby modified as follows:
1. Payment on principal shall amended to provide:
On or before September 5, 2008 - $500,000
On or before September 5, 2009 - $500,000
On or before September 5, 2010 - $500,000
On or before September 5, 2011 - $~AAB 250,000
On or before September 5, 2012 - $500,000
On or before September 5, 2013 - $500,000
On or before September 5, 2014 - $500,000
On or before September 5, 2015 - $500,000
On or before September 5, 2016 - $500,000
On or before September 5, 2017 - $500,000
On or before September 5, 2018 - $250,000
2. The "Maturity Date" shall be September 5, 2018.
3. All other terms and conditions of the Note shall remain as provided in the Note.
WITNESS the following signature.
VIRGINIA BEACH RESCUE SQUAD, INC.
Title: Date:
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager or designee Date:
APPROVED AS TO CONTENT:
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Title: ~ Date: l(-3U i G
APPROVED AS TO LEGAL SUFFICIENCY:
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-33-
Item J 3.
ORDINANCES/RESOLUTIONS ITEM # 60485
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to AUTHORIZE issuance of Virginia Beach Development
Authority (VBDA) Industrial Development Revenue Bonds of $30-Million
for LifeNet Health
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
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RESOLUTION OF THE CITY COUNCIL
APPROVING THE ISSUANCE OF THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
$30,000,000 INDUSTRIAL DEVELOPMENT
REVENUE AND REFUNDING BONDS (LIFENET
HEALTH PROJECT), SERIES 2010
WHEREAS, the City of Virginia Beach Development Authority (the "Authority"),
has considered the application of LifeNet Health (the "Company") for the issuance of the
Authority's industrial development revenue and refunding bonds in an amount not to
exceed $30,000,000 (the "Bonds") to assist the Company in financing (A) the
acquisition, construction and equipping of a new high technology science building for
research and development and diagnostic testing, containing two floors and no less
than 40,000 square feet, together with related site work and parking on a 6.53 acre
parcel located adjacent and contiguous to the Company's primary place of business
located at 1864 Concert Drive, Virginia Beach, Virginia 23453 (the "Existing Facility")
(collectively, the "Project"), (B) the current refunding of the outstanding principal balance
of the Authority's Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004
(the "2004 Bonds") which were issued to finance the Existing Facility (the "Refunding")
and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance"); and
WHEREAS, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as
amended (the "Act"), a copy of the Authority's Resolution approving the issuance of the
Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the
comments expressed at the public hearing, if any, have been filed with the City Council
of the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Virginia Beach, Virginia:
1. The City Council of the City of Virginia Beach approves the issuance of
the Bonds by the City of Virginia Beach Development Authority, in a principal amount
not to exceed $30,000,000 to carry out the Plan of Finance.
2. The approval of the issuance of the Bonds, as required by Section 147(f)
of the Internal Revenue Code of 1986, as amended, does not constitute an
endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to the
Act, the Bonds shall provide that neither the City nor the Authority shall be obligated to
pay the bonds or the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefore, and neither the faith or credit nor the taxing
power of the Commonwealth, the City or the Authority shall be pledged thereto.
3. In approving the resolution, the City Council of the City of Virginia Beach,
Virginia including its elected representatives, officers, employees and agents, shall not
be liable and hereby disclaims all liability for any damages to any person, direct or
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consequential, resulting from the Authority's failure to issue Bonds for the Plan of
Finance for any reason.
This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7+-h day
of December , 2010.
APPROVED AS TO CONTENT:
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CA-11669
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November 23, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
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VIRGINIA BEACH
DEVELOPMENT AUTHORITY
November 23, 2010
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: LifeNet Health Industrial Development Revenue and Refunding Bonds
Dear Mayor Sessoms and Members of Council:
We submit the following in connection with the request of LifeNet Health's application
for the issuance of industrial development revenue and refunding bonds in the amount of
$30,000,000 for the project located at 1864 Concert Drive, Virginia Beach, Virginia.
1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of
the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach
Development Authority's (the "Authority's") resolution recommending Council's approval is
attached as Exhibit C.
2. The Disclosure Statement is attached as Exhibit D.
3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a
benefit for the City of Virginia Beach and its recommendation that the City Council approve the
bonds described above is attached as Exhibit E.
4. The Fiscal Impact Statement is attached as Exhibit F.
5. A summary sheet setting forth the type of issue, and identifying the project and the
principals of the applicant is attached as Exhibit G.
6. A letter from the Department of Economic Development commenting on the project is
attached as Exhibit H.
JWR/AWS
Enclosures
222 Central Park Avenue, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894
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Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$30,000,000 Industrial Development Revenue and Refunding Bonds (LifeNet Health
Project), Series 2010
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing at 8:30 a.m. on November 16, 2010 at the
offices of the Authority on the request of LifeNet Health (the "Company"), and that a notice of
the hearing was published once a week for two consecutive weeks in a newspaper having general
circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14)
days prior to the hearing and the second publication being not less than six (6) days and not more
than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice
and a certificate of publication of such notice have been filed with the records of the Authority.
The following individuals appeared before the Authority:
Gordon Berkstresser, Chief Financial Officer of LifeNet Health
William W. Hamson, Jr. of the law firm of Williams Mullen, Bond
Counsel
Mr. Hamson gave a brief description of the Plan of Finance (below defined). He
described the application and plan of financing of the Company, whose principal place of
business is located at 1864 Concert Drive, Virginia Beach, VA 23453, for the issuance of the
Authority's Industrial Development Revenue and Refunding Bonds (LifeNet Health Project),
Series 2010 (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended
and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49
of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed
$30,000,000 to assist the Company in financing (A) the acquisition, construction and equipping
of a new high technology science building for research and development and diagnostic testing,
containing two floors and no less than 40,000 square feet, together with related site work and
parking on a 6.53 acre parcel located adjacent and contiguous to the Company's existing facility
(the "Existing Facility") at 1864 Concert Drive in Virginia Beach, Virginia (collectively, the
"Project"), (B) the current refunding of the outstanding principal balance of the Authority's
Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds") (the
"Refunding") and (C) the costs of issuance of the Bonds (collectively, the "Plan of Finance").
Mr. Hamson and Mr. Berkstresser answered various questions of the members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City of Virginia Beach City Council (the
"Council") approve the issuance of the Authority's Bonds in an amount not to exceed
$30,000,000 and hereby transmits the Fiscal Impact Statement to the Council, and asks that this
recommendation be received at its next regular or special meeting at which this matter can be
properly placed on the Council's agenda for hearing.
7971 163_2DOC
Exhibit C
RESOLUTION OF INTENT
OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, LifeNet Health, a Virginia non-profit, non-stock and non-member
corporation (the "Company"), which is exempt from federal income taxation as a charitable
organization pursuant to Section SOl(c){3) of the Internal Revenue Code of 198b, as amended,
has applied to the City of Virginia Beach Development Authority (the "Authority"} for the
issuance of the Authority's revenue and refunding bonds (the "Bonds") in order to finance (A)
the acquisition, construction and equipping of a new high technology science building for
research and development and diagnostic testing, containing two floors and no less than 40,000
square feet, together with related site work and parking on a 6.53 acre parcel located adjacent
and contiguous to the Company's existing facility (the "Existing Facility") at 1864 Concert
Drive in Virginia Beach, Virginia (collectively, the "Project"), (B) the current refunding of the
outstanding principal balance of the Authority's Variable Rate Demand Revenue Bonds (LifeNet
Project), Series 2004 (the "?004 Bonds"} (the "Refunding") anal (C) the costs of issuance of the
Bonds (collectively, the "Plan of Finance"); and
WHEREAS, the Company, in its application, discussions and appearance before
the Authority has described the benefits of the Plan of Finance to the City of Virginia Beach,
Virginia (the "City") and the Authority; and
WHEREAS, the Company has requested the Authority to agree to issue the Bonds
in an amount now estimated at $30,000,000.00 (the "Bands") to achfeve the Plan of Finance; and
WHEREAS, the Authority is empowered to issue and sell bonds, lend the
proceeds of such bonds, and acquire, own, lease, and dispose of properties, and is vested with all
powers necessary to enable it to accomplish its purposes, which purposes and powers are
1
enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by
the Industrial Development and Revenue Bond Act, Title I5.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act"); and
WHEREAS, a public hearing with respect to the Plan of Finance and the issuance
of the Bonds has been held on November Ib, 2010, as required by Section 1470 of the Internal.
Revenue Code of 198b, as amended (the "code"}, and by Section 1.5.2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THAT:
1. The Authority finds that (i} the acquisi#ion, construction, equipping and operation
of the Project will increase annual employment, stimulate the local economy and increase the tax
base, (ii) providing financing for the Project will be in the public interest and will benefit the
inhabitants of the City and the Commonwealth of Virginia, (iii) providing financing for the
Refunding will be in the public interest and will benefit the inhabitants of the City and the
Commonwealth of Virginia and (iv} the issuance of the Bonds will be consistent. with the
purposes of the Act and the powers of the Authority.
2. To assist the Company with respect to the Plan of Finance, the Authority agrees to
undertake the issuance of the Bonds in an amount not to exceed ~30,000,0OO.OU on terms and
conditions to be mutually agreed on between the Authority anal the Company. The proceeds from
the sale of the Bonds will be loaned to the Company pursuant to a loan agreement and related
documents which will provide payments to the Authority cuff cient to pay the principal of and
premium, if any, and interest on the fonds and to pay all other expenses in connection with the Plan
of Finance. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and
the payment of the Bonds shall be secured by, among other collateral, an assignment, for the benefit
2
of the holders of the Bonds, of the Authority's rights to payments under such loan agreement and
will be additionally secured by a deed of trust on the Project and the Existing Facility.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the acquisition, construction and equipping of the Project and the Refunding, the
Authority hereby agrees that the Company may proceed with. the Plan of Finance, enter into
contracts for the acquisition, construction and equipping of the Project and take such other steps as
it may deem appropriate in connection with the Plan of Finance, provided that nothing herein shall
be deemed to authorize the Company to obligate the Authority without its consent in each instance
to the payment of any monies or the performance of any acts in connection with the Plan of
Finance. The Authority further agrees that the Company maybe reimbursed from the proceeds of
the Bonds for all lawful costs so incurred by it prior to the adoption. of these resolutions.
4. 'The Authority hereby agrees to the recommendation of the Company that Williams
Mullen, a professional corporation, Virginia Beach, Virginia, be appointed as bond counsel and
hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds.
5. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the selection of a purchaser far the Bonds or the appointment of a
placement agent ar underwriter for the sale of the Bonds anal a remarketing agent for the
remarketing of the Bonds pursuant to teens to be mutually agreed on.
6. All lawful costs and expenses in connection with the Plan of Finance, the
acquisition, construction and equipping of the Project, and the Refunding including the fees and
expenses of the Authority, counsel for the Authority, bond counsel, the purchaser of the Bonds, the
placement agent or underwriter for the sale of the Bonds, the trustee for the Trust Indenture, any
letter of credit issuer, counsel for any letter of credit issuer, and the remarketing agent for the
remarketing of the Bonds, shall be paid from the proceeds of the Bonds or by the Company. If for
any reason such Bonds are not issued, or such Bonds are issued but it is determined that a part or all
of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses
shall be paid by the Company and that the Authority shall have no responsibility therefore.
7. In adopting this Resolution, the Authority intends to declare "official intent" toward
the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service
pursuant to Sections 103 and 141.-150 of the Code, including Section 1..150-2 of such regulations.
8. The Authority hereby recommends that the City Council for the City approve the
issuance of the Bonds and hereby directs the Chair or Vice-Chair to submit to the City Council for
the City the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed
summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act,
and a copy of this Resolution.
9. This Resolution will take effect immediately on its adoption.
The undersigned hereby certifies that the above Resolution was duly adopted by the
Commissioners of the City of Virginia Beach Development Authority at a meeting duly called at
which. a quorum was present and acting throughout on November 1 G, 2010, anal that such
Resolution is in full force and effect on the date hereof.
Date: ~j~1e.~.bzc 1\0 , 201.0
~~ ~t ~ ~
~5 5.. ~~,~,~ Secretary, City of i i is Beach
De~relopment Authority
#7957A37 v 1 -Resolution of Intent
4
Exhibit D
DISCLOSURE STATEMENT
Date: November 23, 2010
Applicant: LifeNet Health ("LifeNet Health"} and any subsidiaries
All Owners:
(If different from Applicant): None
Type of Application: $30,000,000 City of Virginia Beach Development Authority
Industrial Development Revenue and Refunding Bond {LifeNet
Health Project), Series 2010 (the "Bond") for assistance in
financing (A} the acquisition, construction and equipping of a new
high technology science building for research and development and
diagnostic testing, containing two floors and no less than 40,000
square feet, together with related site work and parking on a 6.53
acre parcel located adjacent and contiguous to LifeNet Health's
primary place of business located at 1864 Concert Drive, Virginia
Beach, Virginia 23453 (the "Existing Facility"){collectively, the
"Project"), (B} the current refunding of the outstanding pruicipal
balance of the City of Virginia Beach Development Authority's
Variable Rate Demand Revenue Bonds {LifeNet Project), Series
2004 (the "2004 Bonds") which were issued to finance the Existing
Facility (the "Refunding") and (C) the costs of issuance of the Bond
(collectively, the "Plan. ofl~inance"}
The Applicant is a nonstock, nonprofit Virginia corporation.
The Applicant is the owner of the Existing Facility and the Project.
The current officers and trustees of Applicant are listed on the attached Exhibit A.
LIFENET HEALTH
By:
William W. I-1~rrison, Jr
Bond Counsel ~
12513622v2
EXHIBIT A
List of Officers and Directors
LifeNet Health
$_
~.. L',_ _ _ _. ~ - ~~ ~.
Saving Lives, Etestoring Health
2010 Board of Directors
CHAIRMAN
John M. Herre, M.D., F.A.C.C.
Surgeon
Cardiology Consultants
Norfolk, VA
VICE CHAIRMAN
Gerald M. Bowers, D.D.S., M.S.
Diplomate /Retired
American Board of Periodontology
Pasadena, MD
John Cardea, M.D.
Professor and Chair Emeritus
Department of Orthopaedic Surgery
Virginia Commonwealth University Medical Center
Richmond, VA
Lenneal J. Henderson, Jr., PhD.
Distinguished Professor
School of Public Affairs
University of Baltimore
Baltimore, MD
Honorable Norman Olitsky
Retired Circuit Judge
Commonwealth of Virginia
Norfolk, VA
James H. Oury, MD, FACC, FACS
Surgeon
The Rushmore Heart Institute
Rapid City, SD
Tim Pruett, M.D., F.A.C.S.
Transplant Surgeon
Clinical Chair & Chief,
Division of Transplantation
University of Minnesota
Minneapolis, MN
Lee Riley, III, M.D.
Associate Professor /Division Chief Spine
Department of Orthopaedic Surgery
Jahn Hopkins Hospital
Baltimore, MD
Roseann Runte, PhD
Nresident & Vice Chancellor
Carleton University
Ottawa, Ontario, Canada
Rony Thomas, M.S., MBA*
President and CEO
LifeNet Health
Virginia Beach, VA
William Jiranek, M.D.
Professor of Orthopaedic Surgery, CORPORATE SECRETARY*
VCU Health System (VCUHS) Gordon Berkstresser
Richmond, VA Chief Financial Officer
LifeNet Health
Ann Lange, R.N.
Retired
Virginia Beach, VA
* Officer(s) of the Corporations
Exhibit E
VIRGINIA BEACH
DEVELOPMENT AUTHORITY
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$30,000,000 INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BONDS
(LIFENET HEALTH PROJECT) SERIES 2010
The City of Virginia Beach Development Authority (the "Authority") recommends approval
of the above-captioned financing. LifeNet Health's facilities continue to promote industry,
commerce and trade within the City of Virginia Beach. Financing provided by the Authority will
allow the refunding of a previous bond issue and provide for the acquisition, construction and
equipping of a new high technology science building to remain current in meeting new market
demands for its services, maintain its substantial employment census, increase its revenues and
add to the City's economic tax base.
222 Central Park Avenue, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894
Exhibit F
FISCAL IMPACT STATEMENT FOR BOND ISSUE SUBMITTED TO THE CITY OF
VIItGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development
Authcuity to submit the following information itt compliance with Section 15.2-4907, Code of Virginia of
1950, states:
Name of Applicant: LIFENET HEALTH
Project: LifeNet Health Facility at 1864 Concert llrive, Virginia Beach, VA
1. Maximum amount of financing sought $30,000,000.00
2. Estimated taxable value of the facility's real property
to be constructed in the City of Virginia Beach $36,700.000
3. Estimated re<~tl property tax per year using present tax rates $326,000
4. Estimated personal property tax per year using present tax rates $4000
5. Estimated machinery and tools tax per year using present tax rates $ NIA
6. a. Estunated dollar value per year of goods that will be
purchased from Virginia companies within the locality $ 8.8(10,000
b. lstimated dollar value per year of go~xis that will
be purchased from non-Virginia companies within the locality S included in
6a above
c. Estimated dollar value per year of services tha t
will be purchased from Virginia companies within the locality $ 935,000 _
d. Estimated dollar value per year of services that will
be purchased from non-Virginia companies within the locality $ included in 6c
above
7. Estimated number of regular employees on year round basis 467
8. Average annual salary per employee $ 59,000
LIFF.NET HE '~'I
By;
1
l
APPROVED:
797{200_I,DOC
CITY OF VIRGINIA BEACH
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE AND REFUNDING BOND
1. PROJECT NAME: LifeNet Health Project
2. LOCATION: 1864 Concert Drive
Virginia Beach, Virginia 23453
3. DESCRIPTION OF PROJECT: (A) the acquisition, construction and equipping of a
new high technology science building for research and development and diagnostic testing,
containing two floors and no less than 40,000 square feet, together with related site work
and parking on a 6.53 acre parcel located adjacent and contiguous to LifeNet Health's
primary place of business located at 1864 Concert Drive, Virginia Beach, Virginia 23453
(the "Existing Facility")(collectively, the "Project"), (B) the current refunding of the
outstanding principal balance of the City of Virginia Beach Development Authority's
Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 (the "2004 Bonds")
which were issued to finance the Existing Facility (the "Refunding") and (C) the costs of
issuance of the Bond (collectively, the "Plan of Finance")
4. AMOUNT OF BOND ISSUE: $30,000,000
5. PRINCIPALS: LifeNet Health ("LifeNet Health") and subsidiaries
6. ZONING CLASSIFICATION:
a. Present zoning classification: Conditional I-1 Light Industrial
b. Is rezoning required: Yes No X
c. If so, to what zoning classification:
12512482v1
Exhibit H
VIRGINIA
BE."~CH
Department of .
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757)385-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
November 24, 2010
Mr. John W. Richardson
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: LifeNet Health Revenue and Refunding Bonds
Dear John:
The Department of Economic Development concurs with the issuance of revenue
and refunding bonds in an amount not to exceed $30,000,000 for LifeNet Health. The
issuance of these bonds by the Authority will be in the public interest, will benefit the
inhabitants of the City of Virginia Beach through the promotion of their safety, health,
welfare, convenience of prosperity and will provide a public benefit to the City by,
among other things, promoting research and development of medical technologies.
These funds are to be utilized primarily to finance the cost of refunding the
Authority's 2004 Bonds and for funding the acquisition, construction and equipping of a
new medical 40,000 square foot high technology science building for the research and
development of diagnostic testing.
I will be happy to answer any questions you may have at our next meeting.
Sincerely, ~,
Mark R. Wawner
Project Development Coordinator
MRW/AWS
-34-
Item J.4.
ORDINANCES/RESOLUTIONS ITEM # 60486
The following registered in Opposition:
Neva Zeedyk, 4912 Landola Drive, Phone: 200-3004, resident of Trailer Park
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE City Council Policy re change of use for
Mobile Home Parks
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
1 A RESOLUTION TO ADOPT A POLICY CONCERNING THE
2 CHANGE OF USE OF MOBILE HOME PARKS
3
4 WHEREAS, ten (10) mobile home parks, in which approximately one thousand,
5 four hundred (1,400) households own mobile homes and rent sites for their homes, are
6 located wholly or partially within the City of Virginia Beach; and
7
8 WHEREAS, during the past two years, Strategic Growth Area (SGA) plans have
9 been adopted that call for the eventual change of use of five (5) of these mobile home
10 parks, which together house approximately nine hundred (900) of the total number of
11 mobile homes in the City; and
12
13 WHEREAS, two other parks, having a total of more than 100 homes, have been
14 the subject of discussions about development potential of the property on which they
15 are located; and
16
17 WHEREAS, the impact on mobile home park residents of a change of use is
18 significant, and could be compounded over time as more and more parks are
19 redeveloped; and
20
21 WHEREAS, most of the residents living in mobile home parks that are
22 redeveloped will be unable to move mobile homes that they own, due to the physical
23 condition of the home and/or policies of other mobile home parks, or will not be able to
24 find a new mobile home site other than one which is very from their current location,
25 thereby requiring moving away from schools, family members and employment; and
26
27 WHEREAS, even when relocation is possible, the cost thereof often exceeds five
28 thousand dollars ($5,000); and
29
30 WHEREAS, it is the sense of the City Council that the City should have a policy
31 of requesting owners, sellers or buyers who need City Council approval for a proposed
32 change of use of a mobile home park to address the key issues arising from such
33 redevelopment in such manner as to help ameliorate the hardship of residents who
34 must to relocate from their mobile home parks;
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 That the attached City Council policy entitled "Change in Use of Mobile Home
40 Parks," dated August 16, 2010, is hereby adopted and shall apply to all proposals for a
41 change in use or redevelopment of a mobile home park or manufactured home park that
42
43
44
45
46
47
require discretionary development approval of the City Council in the form of a rezoning,
conditional zoning, conditional use permit or street closure.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7~h day
of naramhPr , 2010.
Approved as to content:
Dept. o ousing a d Neighborhood
Preservation
CA-11577
R-2
November 4, 2010
Approved as to legal sufficiency:
City Attorney's Office
2
Attachment 1
Mobile Home Parks in Virginia Beach - 4/30/10
Disclaimer -Number of Homes has not been recently verified
Name Zoning Location Acres Est. # In In In
Category of High Accident Strategic
Homes Noise Potential Growth
Zone? Zone? Area?
Aragona B-3 4873 0.77 9 No No Pembroke
Court Cleveland
St.
Bonney View A-12 5000 4.21 28 No No Pembroke
Bonney
Rd.
Colonial Run A-12 1241 16.59 138 No No Burton
Baker Rd. Station
Colony A-12 913 VB 33.41 266 Yes - No Resort
Blvd mostly Area
70db+,
some
75+
Countyview A-12 109 59.74 473 No No Pembroke
Holland
Rd
Daydream AG-2 4053 West 4 17 No No No
Neck Rd
Derby Run A-12 1231 44.93 279 Yes - Yes- No
Derby Run all small
75db+ portion in
APZ-1
Murphy's B-2 1152 VB 11.33 99 Yes - Yes -All No
Blvd all either
75db+ APZ-1 or
2
Oconee A-12 340 7.75 67 Yes - No No
Tomahawk all
Trail 75db+
Providence(a) A-12 1100 S. .25(b) 10 No No No
Mlitary
Hwy
TOTAL 182.99 1,386
(a)Providence MH Park is located mostly in Chesapeake, with a small parcel in
Va. Beach.
(b) .25 acres and approx. 10 mobile homes are for the land area in Virginia Beach
only
G~p11A•BEAC
~~ ?~
~.
~~
u1~~ ~ a
~~UR NAZI y y
g9R*r~~~~~_~~~~~Se~ti Cit Council Polic
Title: Change in Use of Mobile Home Parks
Date of Adoption: December 7,
2010 Dates of Revisions:
1.0 Purpose and Need
Purpose: It is the purpose of this policy to provide guidelines for and define expectations of
property owners who propose to redevelop or change the use of existing mobile home parks
within the City of Virginia Beach.
Need: This policy is needed for three reasons:
1) Hardship: Because redevelopment or change of use of mobile home parks imposes a special
and often severe hardship on mobile home park residents. This hardship is understood as
follows:
- There is a declining number of mobile home parks in the south Hampton Roads region.
Therefore, with each new closure, the possibility that an owner of a mobile home has no
alternative location to move their home to grows greater.
- Due to the age of and condition of some mobile homes, some either cannot physically be
moved; or available parks will not accept them to be moved in, thus further limiting the
options for moving.
- Therefore, if a family owns a mobile home and cannot move it, they may lose the capital
invested in it, often a substantial amount and/or the main investment of that family. This
is a severe financial hardship.
- For those few who can move their mobile home, the move is expensive, often $5,000 or
more. In addition, due to the lack of available parks in the region, this can mean moving
out of the area and away from employment and family.
- For all others, the only alternative is to obtain rental housing. However, the monthly cost
of most available rental housing is hundreds of dollars higher than the monthly cost of
renting a mobile home site. This is then a second severe financial burden imposed upon
residents.
2) Homelessness: This policy is needed because the city is committed to ending homelessness
via the Council's adoption of the Ten Year Plan to End Homelessness, and the change of use of a
mobile home park may cause households to either be on the brink of homelessness or to actually
become homeless.
3) SGA Plans: This policy is needed because City Council has adopted plans for strategic
growth areas that call for the eventual change in use of existing mobile home parks.SGA plans
for Burton Station/Northampton and Pembroke, and the Resort Area Master Plan all envision
new uses of existing mobile home parks.
2.0 Policy
1) Notification
Residents of mobile home parks should be provided timely, sufficient and clear notice regarding
an impending change of land use at the earliest possible time, consistent with applicable state
law. While it is understood that changes of use involving sale of property maybe conditional
upon city approvals, residents must still receive conditional notification of a possible change of
use. Written notification to all affected residents six months prior to the date on which the
notified person must leave the premises is the minimum required under state law and to meet this
guideline. Additional time is preferable.
2) Ongoing Liaison and the Provision of Information
A key ingredient of a more successful change of use, and a key way to help residents cope with
that change, is the provision of a contact person and information resources available to residents
on an ongoing, weekly basis, which will do the following:
- Be available to answer questions and speak with residents on a regular, weekly basis so
that residents learn about changes in plans and opportunities to relocate, and so that
rumors can be heard and addressed.
- Be a central point of contact for city and non-profit agencies to distribute information and
coordinate the provision of services or assistance.
- Coordinate activities related to the movement of mobile homes out of the park.
3) Reduction of Financial Hardship
A change in use of a mobile home park may inflict a financial hardship on residents. Various
methods of ameliorating this hardship should be explored and the most appropriate one(s)
chosen. Possibilities include:
- Not collecting rents for several months to allow residents to accumulate their own funds
for moving and future rent costs.
- Providing a stipend to each household
- Providing financial incentives to help people relocate
Any of the above can be combined with a timeline that incentivizes people to make early choices
to relocate.
4) Overall
Owners and/or purchasers should seek to address the specific needs of the households in their
parks, with appropriate measures consistent with this policy.
5) Applicability
This policy applies to mobile home or manufactured home parks which meet the Virginia code
definition, as follows:
"Manufactured home park" means a parcel of land under single or common ownership
2
upon which ten or more manufactured homes are located on a continual, non-recreational
basis together with any structure, equipment, road or facility intended for use incidental
to the occupancy of the manufactured homes, but shall not include premises used solely
for storage or display of uninhabited manufactured homes, or premises occupied solely
by a landowner and members of his family.
3.0 Procedures to Accomplish Policy
It is the responsibility of the Planning Director as follows:
a) to insure that, upon receipt of a proposal for the change of use of a mobile home park,
that the proposer is provided with a copy of this policy and to provide the opportunity to
discuss it with the staff, including designated staff from the Department of Housing and
Neighborhood Preservation.
b) to insure that any response by the proposer to the proposed policy received in writing
by the Planning Department is included in the Planning staff's recommendations to the
Planning commission and council
c) To insure that any proffers made by the proposer relating to this policy are
communicated to the Department of Housing and Neighborhood Preservation and that an
agreement regarding determining compliance with such proffers is developed and carried
out.
4.0 Responsibility and Authority
The Planning Director and the Director of Housing and Neighborhood Preservation are
responsible for the procedures outlined in Section 3.0 above.
-35-
Item J.S.
ORDINANCES/RESOLUTIONS ITEM# 60487
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to ADD a request for enabling legislation to the 2011
Legislative Agenda to abate Business, Professional and Occupational
License (BPOL) taxes during the first two license years of a business.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
REQUESTED BY COUNCILMEMBER WILSON
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
A RESOLUTION SUPPLEMENTING THE 2011
LEGISLATIVE AGENDA BY ADDING A
PROPOSAL FOR LEGISLATION REGARDING
BUSINESS LICENSE TAX INCENTIVES FOR
SMALL BUSINESSES
WHEREAS, on October 12, 2010, the City Council adopted its 2011 Legislative
Agenda and requested that members of the City's local Delegation to the General
Assembly sponsor and/or support legislation therein; and
WHEREAS, state legislation is needed to provide authority for the City to
incentivize small business through the reduction of business license taxes for new
businesses, but a request for such legislation is not currently part of the 2011
Legislative Agenda;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby amends its 2011 Legislative Agenda by adding the
attached request for legislation regarding small business incentives.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a copy of this Resolution and
the attachment to each member of the City's Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 7th
day of December , 2010.
APPROVED TO CONTENT AND
LEGAL SUFFICIENCY:
t s Office
CA11751
R-1
November 24, 2010
Business License Tax Incentive for New Small Businesses
Councilmember Wilson
Background
The Business, Professional, and Occupational License (BPOL) Tax is a gross receipts tax. The City
levies BPOL taxes upon those businesses operating within the City based upon the authority
provided by Chapter 37 of the Virginia Tax Code (Title 58.1 of the Code of Virginia).
For businesses with gross receipts that are less than $100,000, the business pays a flat license fee to
the City. The license fee for businesses with gross receipts of less than $25,000 is $40. The license
fee for businesses with gross receipts between $25,001 and $100,000 is $50. For businesses with
gross receipts above $100,000, the tax is based upon a rate applied to the company's gross receipts.
The state law provides four general classifications and the maximum rate for each. The
classifications and rates are:
• For contracting, sixteen cents per $100 of gross receipts;
• For retail sales, twenty cents per $100 of gross receipts;
• For financial, real estate and professional services, fifty-eight cents per $100 of gross
receipts; and
• For repair, personal and business services, and all other businesses and occupations not
specifically listed or excepted by law, thirty-six cents per $100 of gross receipts.
Assuming a business has $1,000,000 in gross receipts, the BPOL tax would be $1600 for a
contracting business, $2000 for a retail sales business, $5800 for financial, real estate and
professional service, or $3600 for repair, personal and business services.
The BPOL tax is a privilege tax, and unlike a property tax, which is constrained by the Virginia
Constitution with regard to uniformity, the uniformity requirement for the BPOL tax is statutory.
Thus, the General Assembly has greater flexibility regarding the manner and timing by which
localities assess and collect BPOL taxes. One example is the flat fee for businesses with gross
receipts below a specified dollar amount discussed above.
As a tax on gross receipts, the BPOL tax is imposed upon a business regardless of whether the
business makes a profit. For a new business, the first years often entail capital investment, personnel
development, and establishing a customer base. Paying the BPOL tax is particularly difficult during
the business's infancy; a time when the business is least likely to make a profit. Thus, the City would
like to have a mechanism to lessen the burden of BPOL taxation during a business's first two years.
With this request for enabling legislation, the City desires to incentivize job creation, encourage
entrepreneurialism, and bring business to the City.
Request
The City requests the General Assembly provide enabling authority for a locality to enact an
ordinance providing a rebate, exemption, or alternative mechanism for the abatement of BPOL taxes
paid by a business for the first two license years. The ordinance will provide the amount of relief,
which may be all or a portion of the BPOL taxes. Additionally, the ordinance will provide the extent
and duration of the incentive as well as any conditions or limitations upon the incentive.
-36-
Item J. 6.
ORDINANCES/RESOL iITIONS ITEM # 60488
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to RECOGNIZE Human Rights/Diversity/provide
welcoming/protective environment in Virginia Beach
Vice Mayor Jones read the Resolution into the record
Members of the Human Rights Commission were in attendance.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
rN tV lu+' H+:,'~~ y l
~•U'r~ ~_ ...yam-, ~~"~~_
~Y" ~w ~~
BUY ~Y
< _ Y
l - - '_~
~~~1LJ ~1L ~~J_
A solution to 2~cognize.~fuman ~'ghts in Virginia Beach
~E~AS; tke City of `Virginia Beack recognizes its rick kistory and our indigenous
keritage populations,
~t~UX~~AS: the first immigrants to our nation Landed on the shores of `Virginia Beac(z in
1607, and our City is proud of its kistoric keritage;
'W.`FL~E~;EA.S: the City of Virginia Beack appreciates that our nation was founded 6y
immigrants, some who came here voluntarily and some who were 6rougkt here against their wil~
~E~t7.S: immigrants leave made important contributions to our nation's culture and our
City's diversity, and constitute an important part of our community;
~E1~f7S: the City of Virginia Beach leas kistorically supported policies tkat proki6it
discrimination based on race, color, ethnicity, sex age, marital status, national origin, relrgion, seXual
orientation, anddisa6ility;
~A,~: the military is our City's Largest employer, and tke diversity of the military leas
contributed rickly to the diversity of our community;
~E~AS: tourism is an important part of Virginia Beach's economy, and is made possible
ley the City's acceptance of all cultures and diverse 6ac(grounds.
NO`W, ~HE2~~'O~, BcE I7~SOL`G;E~D, that the Virginia Beack City Council kere6y
recognizes that in ligkt of these andfuture contributions, the City of `Virginia Beack strives to
continue to provide an environment that is welcoming and protects tke kuman rigkts of all in our
community.
Given under our kands and seals tkis 7~~ day of lnecem6er, 2010.
Cour1ciCLady ~,' S e BeCCintto/ J
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Council an ZViffiam 12., "Bi ' ~DeStepFi
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CounciCman ciZ,o6ert M. "Bob Dyer
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CouncilLady ~,ose `Wilson ~ r
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CounciCman GCenn~avis
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-37-
Item K.
PLANNING
ITEM # 60489
1. ST. ANDREWS UNITED METHODIST CHURCH
2. EAGLE AUCTION, INC. D/B/A TIDEWATER AUTO
AUCTION/EAGLEHOLIDINGS, LLC
3. ZION TEMPLE MINISTRIES LOGIC
4. VIBRANT FUNDING, LLC
S EDEN VENTURES, LLC
6. FIRST LANDING FOUNDATION
MODIFICATION OF CONDITIONS
(APPROVED 6/10/68)
MODIFICATION OF CONDITION NO. S
and ADDING No. 7 (APPROVED Il/l4/06)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
ROADSIDE GUIDE SIGNS IN
ACCORDANCE WITH CZO 211.1
AUTHORIZE FIVE (S)
December 7, 2010
-38-
Item K.
PLANNING ITEM # 60490
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Items 1, 3, 4, S (WITHDRAWN) and 6 (AMENDED RESOLUTION) of the PLANNING
BY CONSENT AGENDA:
Item 2 was voted upon separately.
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L: Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-311 S(E), Code of Virginia,
re City Council's discussion and vote on the application of the (KI )Trustees of St. Andrews United
Methodist Church for modification of a conditional use permit for property located at 717 Tucson Road.
The applicant has employed JD & W, Inc., to construct the additions that are the subject of the
application. Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood
DISCLOSED this interest and ABSTAINED from voting on this matter. Councilman Wood's
correspondence of December 7, 2010, is hereby made a part of the proceedings.
Council Lady Henley voted a VERBAL NAY on Item 6 (FIRST LANDING FOUNDATION)
December 7, 2010
-39-
Item K.1.
PLANNING ITEM # 60491
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of ST. ANDREWS UNITED METHODIST CHURCH
Modi nation of Conditions (approved 6/10/68) re additions at 717 Tucson Road (GPIN 1476156882 )
(DISTRICT 2 - KEMPSVILLE):
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ST. ANDREWS UNITED METHODIST
CHURCH Modi ication of Conditions (approved 6/10/68) re additions
at 717 Tucson Road (GPIN 1476156882) (DISTRICT 2 -
KEMPSVILLE):
The following conditions shall be required:
1. The proposed additions to the building shall be substantial in accordance with the submitted
Conditional Use Exhibit entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared
by Patton, Harris Rust & Associates. Said Exhibit Plan has been exhibited to the Virginia Beach
City Council and is on file in the Planning Department.
2. The proposed additions to the building shall be substantial in accordance with the submitted
elevations entitled "ST. ANDREW'S UNITED METHODIST CHURCH", prepared by Ionic
DeZign Studios. Said elevations have been exhibited to the Virginia Beach City Council and are
on file in the Planning Department
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh of December, Two
Thousand Ten
December 7, 2010
-40-
Item K.1.
PLANNING ITEM # 60491 (Continued)
Voting: 1 D-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining.•
James L. Wood
Council Members Absent:
None
Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-311 S(E), Code of Virginia,
re City Council's discussion and vote on the application of the (K.1 )Trustees of St. Andrews United
Methodist Church for modification of a conditional use permit for property located at 717 Tucson Road.
The applicant has employed JD & W., Inc., to construct the additions that are the subject of the
application. Councilman Wood has an ownership interest in JD & W, Inc. Councilman Wood
DISCLOSED this interest and ABSTAINED from voting on this matter. Councilman Wood's
correspondence of December 7, 2010, is hereby made a part of the proceedings.
December 7, 2010
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JAMES L. WOOD PHONE: (757) 340-8411
COUNCILMAN -DISTRICT 5 - LYNNHAVEN FAX: (757) 340-2082
jlwood ~ vbgov.com
In Reply Refer to 0042997
December 7, 2010
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia,
I make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the application of the trustees of St. Andrews United Methodist Church
for modification of a conditional use permit for property located at 717 Tuscon
Road.
2. The applicant has employed JD&W, Inc. to construct the additions that are the
subject of the application.
3. I have an ownership interest in JD&W, Inc., which is located at 208 Ash Avenue,
Suite 101, Virginia Beach, Va. 23452, and I have a personal interest in the
corporation.
3. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452
Mrs. Ruth Hodges Fraser -2- December 7, 2010
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Thank you for your assistance in this matter.
Sincerely,
am s L. ood
o cilmember
JLW/RRI
-41-
Item K.2.
PLANNING ITEM # 60492
Attorney Les Watson represented the applicant, Michael D. Hockett, who is asking for only one change
i. e. the lighting. Originally this project had approved development of 221 individual light poles, total
of 490 fixtures which issued 146, D00 watts of current. Mr. Hockett only needed security lighting;
therefore, Mr. Hockett wishes to develop the project with 21 light poles instead of 221 with a total
wattage of less than 37, 000 watts.
Allen Poulter, President -Lakeville Estates Civic League, 989 Sunnyside Drive, Phone: 424-4838,
registered concerns re the problem of stormwater. The primary road is Sunnyside Drive. Mr. Poulter
distributed photographs which depict the problem as well as a handout re flooding from a neighbor. Said
information is hereby made a part of the record. Mr. Poulter advised E. V. Williams, in 1982, received
permission from the City to fill two (2) adjacent properties. In the process of filling those, he closed the
storm drain to the Elizabeth River; and therefore, the lake has no means of draining.
Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council ADOPTED the
application ofEAGLEAUCTION, INC. D/B/A TIDEWATER AUTOAUCTION/EAGLEHOLDINGS,
LLC, re Modification of Condition No. S/ADDING No. 7 (approved by City Council on November 14,
2006), at 656 S. Military Highway (GPIN 1456450664; 1456376863). City Manager's Staff to evaluate
the storm drainage problem
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ADOPTED the application of EAGLE AUCTION, INC. D/B/A
TIDEWATER AUTO AUCTION/EAGLE HOLDINGS, LLC, re
Modification of Condition No. S/ADDING No. 7 (approved by City
Council on November 14, 2006), at 656 S. Military Highway (GPIN
1456450664; 1456376863).
(DISTRICT 2 - KEMPSVILLE)
The following conditions shall be required:
The site shall be developed and landscaped in substantial conformance with the Plan entitled,
"Layout Plan for Tidewater Auto Auction, "prepared by MSA, P. C., dated 07/09/10, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment,
Priority Auto Center, "prepared by Bryant B. Goodloe, P. C., and dated September 22, 2006,
shall be incorporated into the Plan during final site plan submission to the Development Services
Center. These improvements include, but are not limited to: extending the existing southbound
left turn lane to provide a minimum 300 foot storage and 200 foot taper (consequently, the
northbound left turn lane located North of the Priority Auto Center entrance must be closed and
signed for No U-Turns in that direction); the radius for the Priority Auto Center entrance must
be improved to accommodate WB-50 vehicles; the existing Priority Auto Center entrance must
have a minimum of two (2) exiting lanes and two (2) entering lanes with appropriate pavement
markings to delineate these lanes; a traffic signal will be installed by the developer if and when
the minimum warrants are met and approved by Public Works/Traffic Engineering; and, at a
specified point during site plan review, a traffic signal bond, effective for five (S) years from
build-out of the site in the amount of $150, D00.00, will be required to cover the cost of a traffic
signal.
December 7, 2010
-42-
Item K2.
PLANNING ITEM # 60492 (Continued)
3. No land disturbance or encroachment into the Resource Protection Area shall be permitted
without the appropriate authorization and approval of the City of Virginia Beach Chesapeake
Bay Preservation Area Board and/or the City of Virginia Beach Chesapeake Bay Preservation
Area Staff.
4. No outdoor paging or loudspeaker system shall be permitted.
S. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting
and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor
lighting fixtures in the bulk storage yard shall be installed at heights and locations as depicted on
the Exhibit entitled "Lighting Plan, Tidewater Auto Auction, "prepared by Old Dominion
Lighting Associates, dated September 9, 2010. A Photometric Lighting Plan shall be submitted
for review and approval by City Staff prior to the issuance of a building permit.
6. No advertising banners, streamers, balloons, pennants, searchlights or similar devices shall be
permitted on any vehicle or the site so as to attract attention to the site from Military Highway or
the surrounding area.
7. The totals sy tem for the outdoor pole mounted fixtures on the site shall be limited to 37, 000
watts where each bulb shall not exceed 750 watts. Said fixtures shall be approved by the
International Dark-Sky Association (IDA) as "Dark S Friendly. "
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh of December, Two
Thousand Ten
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
December 7, 2010
- 43 -
Item K.3.
PLANNING ITEM # 60493
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of ZION TEMPLE MINISTRIES COLIC for a
Conditional Use Permit re a church at 4992-1 Euclid Road (GPIN 1477039719).
DISTRICT 2 - KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ZION TEMPLE MINISTRIES COLIC
for a Conditional Use Permit re a church at 4992-1 Euclid Road
(GPIN 1477039719).
DISTRICT 2 - KEMPSVILLE 80121037449
The following conditions shall be required:
1. The number of individuals attending any one service shall not exceed the number established by
the City's Fire Marshall.
2. The applicant shall obtain all necessary permits and inspections from the Planning Department/
Permits and Inspections Division and the Fire Department. The applicant shall obtain a
Certificate of Occupancy from the Building Official 's Office.
3. This Conditional Use Permit is valid for three (3) years from the date of adoption by the Virginia
Beach City Council
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh of December, Two
Thousand Ten
December 7, 2010
-44-
Item K.3.
PLANNING ITEM # 60493
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
December 7, 2010
- 45 -
Item K.4.
PLANNING
ITEM # 60494
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of VIBRANT FUNDING, LLCfor a Conditional Use
Permit Automobile Museum to display British sports cars at 41018`" Street (GPIN 2427076018)
(DISTRICT 6 -BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIBRANT FUNDING, LLC for a
Conditional Use Permit Automobile Museum to display British sports
cars at 41018`" Street (GPIN 2427076018)
(DISTRICT 6 -BEACH) 80121037450
The following conditions shall be required.•
1. The applicant shall obtain a variance from the Board of Zoning Appeals for the required parking
before use of the building commences, a Certificate of Occupancy is obtained and a business
license is approved.
2. The applicant shall obtain any necessary encroachment agreements for improvements to the
building and signage within the 18`" Street right-of--way before any building permits are issued.
3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy
for a change of use from the Permits and Inspections Division of the Planning Department and
the Fire Department.
4. The applicant shall eliminate the asphalt along the frontage of the site (within the 18`" Street
right-of--way) and install a five (5) foot planting bed, commercial entrance, curb, gutter and
sidewalk along the frontage of the building as required by the Public Works Department, Traffrc
Engineering Division. The required right-of--way improvements may be deferred pending
development and re-development of Strategic Growth Area 8, 19`" Street /Central Beach District.
When development /redevelopment occurs, the applicant /property owner shall cost participate
in the right-of--way improvements or the Conditional Use Permit shall become void.
5. There shall be no be parking permitted along the frontage of the site. The applicant shall post
"No Parking" signs and shall provide some method, planters or bollards, to block the use of the
asphalt for parking.
6. The front of the building shall be improved in accordance with the submitted Elevation Plan
which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department. The exterior of the building and proposed improvements shall be earth tone in color.
Corporate primary color accents may be used.
7. The chain link fencing along the front of the site and the western and southern property lines
shall be removed.
December 7, 2010
-46-
Item K.4.
PLANNING ITEM # 60494 (Continued)
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh of December, Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
December 7, 2010
-47-
Item K.S.
PLANNING ITEM # 60495
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED
WITHDRAWAL, BY CONSENT, of an Ordinance upon application of EDEN VENTURES, L.L.C., for
a Conditional Use Permit, bar/nightclub, 313 32"`~ Street (GPIN 2418928642).
DISTRICT 6 -BEACH
Ordinance upon application of EDEN VENTURES, L.L.C., for a
Conditional Use Permit, bar/nightclub, 313 32"d Street
(GPIN 2418928642).
DISTRICT 6 -BEACH
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
-48-
Item K.6.
PLANNING ITEM # 60496
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS
AMENDED, Resolution of First Landing Foundation to AUTHORIZE five (S) Roadside Guide Signs
along Shore Drive/Atlantic Avenue/21 s`/25`"/83rd Streets
(DISTRICT S - LYNNHAVEN/DISTRICT 6 -BEACH)
Voting: 10-1 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M. Henley*
Council Members Absent.•
None
*Verbal Nay
December 7, 2010
1 ALTERNATE VERSION
2
3 A RESOLUTION AUTHORIZING ROADSIDE GUIDE
4 SIGNS FOR THE FIRST LANDING FOUNDATION,
5 LOCATED AT THE HISTORIC VILLAGES AT CAPE
6 HENRY, JOINT EXPEDITIONARY BASE LITTLE CREEK-
7 FORT STORY(BEACH AND LYNNHAVEN DISTRICTS)
8
9 WHEREAS, the First Landing Foundation, (hereinafter the "Applicant), located at
10 the Historic Villages at Cape Henry, Joint Expeditionary Base Little Creek-Fort Story
11 (Beach and Lynnhaven Districts), is an establishment operated exclusively for cultural
12 and artistic purposes on anot-for-profit basis; and
13
14 WHEREAS, the Applicant has requested that it be allowed to erect five (5)
15 roadside guide signs in the public rights-of-way along Atlantic Avenue and Shore Drive
16 in order to provide directions to the First Landing Foundation for the benefit of motorists
17 unfamiliar with its location; and
18
19 WHEREAS, the City Council finds that three (3) roadside guide signs are
20 insufficient to provide motorists with adequate guidance to the First Landing Foundation,
21 and that five (5) roadside guide signs are sufficient to provide motorists with adequate
22 guidance;
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That the placement of five (5) roadside guide signs by the Applicant is hereby
28 authorized, upon the following conditions:
29
30 1. Prior to installation of any roadside guide sign, the applicant shall meet with
31 the Traffic Engineer or his designee to determine exact locations and avoid
32 conflicts with any existing signs. The signs must be made and installed by the
33 applicant in compliance with all conditions.
34
35 2. Prior to erecting any sign, the First Landing Foundation shall provide Public
36 Works, Real Estate with a copy of a liability insurance policy naming the City
37 as co-insured on the policy for the signs.
38
39 3. Sign and sign post materials shall meet specifications in the Public. Works
40 Standards for use in the public right-of-way. Please contact the Traffic
41 Engineer with any questions regarding the requirements.
42
43 4. The roadside guide signs for the First Landing Foundation must meet all
44 requirements of Section 211.1 and the design must be approved by Traffic
45 Engineering. The submitted sign elevation submitted by the applicant is not
46 acceptable.
47
48
49
50
51
52
53
54
55
56
5. The signs shall be installed with a maximum height of 9.5' above ground level
and shall have a minimum clearance of seven feet.
6. The First Landing Foundation shall maintain the signs in good condition at all
times. Any sign not in good condition shall be subject to removal and disposal
by the Department of Public Works.
7. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day
of December , 2010.
CA11749
R-4
December 7, 2010
2
-49-
Item L.1
APPOINTMENTS ITEM # 60497
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF ZONING APPEALS
CLEAN COMMUNITY COMMISSION
ENERGYADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
VIRGINIA BEACH TOMORROW COMMISSION
December 7, 2010
-50-
Item L.2
APPOINTMENTS ITEM # 60498
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Kay Ashley
3 Year Term 1/1/11-12/31/13
COMMUNITY SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
December 7, 2010
-51-
Items O.
ADJOURNMENT
ITEM # 60499
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6: SO P.M.
--------- - --------------- ---
Beverly O. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
No Speakers were Registered for Public Comment
~ ~~,
illiam D. Sessoms, Jr.
Mayor
December 7, 2010