NOVEMBER 1, 2011 AGENDACITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rase Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville -District 2
ROBERTM, DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
PRESCOTTSHERROD, At -Large
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
I.
II
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY MANAGER'S BRIEFINGS
1 November 2011
- Conference Room -
A. VIRGINIA AQUARIUM and OWLS CREEK — Master Plan
Lynn Clements, Director - Museums
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.cont
B. HOMELESSNESS
Andrew Friedman, Director - Housing and Neighborhood Preservation
CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 PM
5:30 PM
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jack Eling, Administrative Pastor
Trinity church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS October 25, 2011
G. FORMAL SESSION AGENDA
H. PUBLIC HEARINGS
1. TRANSFER OF CITY -OWNED PROPERTY to the Development Authority
2. THALIA CREEK GREENWAY — VDOT Enhancements
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances to AUTHORIZE transfer of property to the Development Authority (VBDA) for
potential future development:
a. A Headquarters Hotel
b. The Dome Site
2. Resolution to AUTHORIZE the Development Authority's issuance of a $5 -Million Residential
Care Facility Mortgage Revenue Bond to Westminster -Canterbury of Hampton Roads, Inc.
3. Ordinance to AMEND a temporary encroachment into Lake Joyce by GST Exemption Trust re
an existing bulkhead at 4469 Blackbeard Road
4. Resolution to REQUEST Virginia Beach's General Assembly Delegation to support the City's
goals and objectives as set forth in their 2012 Legislative Agenda
5. Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack
Community Recreation Center"
6. Resolution to SUPPORT a Transportation Enhancement Grant application for Thalia Creek
Greenway, Phase 1A
7. Ordinance to APPROPRIATE Civil Penalty funds to Planning and Community Development re
restoration and damage abatement
8. Ordinance to TRANSFER $1,385,639 within the School's Budget to the Technology Fund:
a. $943,360 from Instruction
b. $412,279 from Administration, Attendance, and Health
c. $30,000 from Operations and Maintenance
K. PLANNING
1. Application of OCEANFRONT INN c/o ANDREW VAKOS for a Conditional Use Permit re
commercial recreation (ice skating) at 2906 Atlantic Avenue (DISTRICT 6 — BEACH)
RECOMMENDATION
L. APPOINTMENTS
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL PRESERVATION COMMISSION
PARKS AND RECREATION 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
APPROVAL
CITY COUNCIL SESSIONS
NOVEMBER 81h
MOVED TO:
NOVEMBER 1st
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
[w#S CK1I11 0i lW3 MHolo Plei611111 1n
Date Time Meeting
November 8, 2011 Election Day - No Briefings, No
Workshop, No Sessions
November 15, 2011 4:00 — 6:00 PM City Council Workshop
November 22, 2011 TBA Briefings, Informal Session, Formal
Session
December 6, 2011 TBA Briefings, Informal Session, Formal
Session
December 13, 2011 TBA Briefings, Informal Session, Formal
Session
January 3, 2012 TBA Back to the usual schedule
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM
A. VIRGINIA AQUARIUM and OWLS CREEK — Master Plan
Lynn Clements, Director - Museums
B. HOMELESSNESS
Andrew Friedman, Director - Housing and Neighborhood Preservation
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jack Eling, Administrative Pastor
Trinity church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS October 25, 2011
G. FORMAL SESSION AGENDA
PUBLIC HEARING
TRANSFER OF CITY PROPERTY
TO DEVELOPMENT AUTHORITY
The Virginia Beach City Council will hold
a PUBLIC HEARING on the proposed
transfer of City -owned property on
Tuesday, November 1, 2011, at 6:00
p.m., in the Council Chamber of the City
Hall Building (Building #1) at the Virginia
Beach Municipal Center. The purpose
of the Public Hearing is to obtain public
comment on the City's proposal to trans-
fer the following properties to the City of,
Virginia Beach Development Authority:
PARCEL 1 - 5.74 +/- acre parcel lo-
cated at the northeastern corner of
the Convention Center parking lot for
potential development of a Conven-
tion Center Headquarters Hotel
and
PARCEL 2 - 8.08 +/- acre parcel
consisting of (A) all the property
between 18th and 20th Streets and
Arctic and Pacific Avenues; and (B)
the northwestern portion of the block
between 17th and 18th Streets and
Arctic and Pacific Avenues
All parcels to be transferred are more
particularly shown on a location map on
file with the City Clerk.
If you are physically disabled or visual-
ly impaired and need assistance at this
meeting, please call the CITY CLERK'S
OFFICE at 385-4303; Hearing impaired,
call 711 —The Virginia Relay.
Any questions concerning this matter
should be directed to Steve Herbert,
Deputy City Manager, Municipal Center,
Building 1, Room 234, 385-4242
Ruth Hodges Fraser, MMC
City Clerk
VP Oct 23, 2011
PUBLIC HEARING
With City Council approval, the City of
Virginia Beach will submit an
application to the Commonwealth
Transportation Board and VDOT for a
Transportation Enhancement
Program grant for Phase 1A of the
Thalia Creek Greenway. This
Greenway includes a trail that will run
along the creek from Independence
Blvd. around Town Center to Virginia
Beach Blvd. Phase 1A is the
westernmost portion beginning at
Independence Blvd. For additional
information, please visit
www.vbgov,com/bikewalk. A Public
Hearing has been scheduled at the
City Council Formal Session in
Council Chamber at 6 PM on
November 1, 2011 for citizens to
comment on the Greenway project.
Ruth Hodges Fraser, MMC
City Clerk
Beacon: Oct. 23, 2011
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
Ordinances to AUTHORIZE transfer of property to the Development Authority (VBDA) for
potential future development:
a. A Headquarters Hotel
b. The Dome Site
2. Resolution to AUTHORIZE the Development Authority's issuance of a $5 -Million Residential
Care Facility Mortgage Revenue Bond to Westminster -Canterbury of Hampton Roads, Inc.
3. Ordinance to AMEND a temporary encroachment into Lake Joyce by GST Exemption Trust re
an existing bulkhead at 4469 Blackbeard Road
4. Resolution to REQUEST Virginia Beach's General Assembly Delegation to support the City's
goals and objectives as set forth in their 2012 Legislative Agenda
5. Resolution to RENAME the Seatack Community Center the "Joseph V. Grimstead, Sr. Seatack
Community Recreation Center"
6. Resolution to SUPPORT a Transportation Enhancement Grant application for Thalia Creek
Greenway, Phase 1A
7. Ordinance to APPROPRIATE Civil Penalty funds to Planning and Community Development re
restoration and damage abatement
Ordinance to TRANSFER $1,385,639 within the School's Budget to the Technology Fund:
a. $943,360 from Instruction
b. $412,279 from Administration, Attendance, and Health
c. $30,000 from Operations and Maintenance
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving and Authorizing the Transfer of Property to the City of
Virginia Beach Development Authority for Potential Future Development
(HEADQUARTERS HOTEL)
MEETING DATE: November 1, 2011
■ Background:
On July 17, 2007 City Council requested the City of Virginia Beach Development
Authority (the "Authority") conduct a process under the Virginia Public -Private
Education Facilities and Infrastructure Act of 2002 (the "PPEA") to evaluate
proposals for a headquarters hotel adjacent to the Virginia Beach Convention
Center (the "Hotel").
Following the terms of the PPEA, the Authority solicited potential developers and
evaluated all proposals. The Authority is currently negotiating terms of possible
transactions for the Hotel. The Authority has entered into an interim agreement
under the PPEA with Armada Hoffler Development Company to further negotiate
for the Hotel.
The parcel identified for development of the Hotel is approximately 5.74 acres
and is located in the northeastern corner of the Convention Center parking lot
and currently owned by the City. The exact location of the parcel to be
transferred is shown on the Location Map attached to the ordinance as Exhibit A.
If a public-private partnership were to be approved by City Council, the Authority
would be the public entity contracting with the developer. As such, the property
for the Hotel should first be transferred from the City to the Authority.
■ Considerations: Transferring title of the property for this potential development
would facilitate the Authority's ability to negotiate potential terms for a public-
private partnership. The terms and conditions of a future development project
would have to be approved by City Council at a later date, prior to the City being
committed to any development project.
Approval of this transaction requires an affirmative vote of three-fourths of all
elected members of City Council.
■ Public Information:
A public hearing was advertised in The Virginian -Pilot and advertisement of the
City Council Agenda.
■ Alternatives:
Convey the property to the Virginia Beach Development Authority or retain title to
the subject property.
■ Recommendations:
Staff recommends approval of the transfer of the property to the Authority with
the understanding that any commitments for development must first be approved
by City Council.
■ Attachments:
Ordinance
Location Map
Recommended Action: Approval of the Ordinance.
Submitting Department/Agency: City Manager/ Economic Development
City Manager: ' , �T�
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AN ORDINANCE APPROVING AND
AUTHORIZING TRANSFER OF PROPERTY TO
THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY FOR POTENTIAL FUTURE
DEVELOPMENT
WHEREAS, to promote the economic vitality of the City of Virginia Beach (the
"City"), City Council has identified the need for a headquarters hotel adjacent to the
existing Virginia Beach Convention Center (the "Hotel");
WHEREAS, by Resolution 03261 adopted by City Council on July 17, 2007, City
Council requested that the City of Virginia Beach Development Authority (the
"Authority") explore potential development of the Hotel;
WHEREAS, pursuant to City Council's request, the Authority solicited proposals
under the Virginia Public -Private Education Facilities and Infrastructure Act of 2002 (the
"PPEA") for proposals for a development of the Hotel;
WHEREAS, the Authority has identified potential developers for the Hotel and
has engaged in negotiations with those developers;
WHEREAS, the land on which the Hotel project would be located is presently
owned by the City, as shown on the Location Map attached hereto as Exhibit A
(collectively, the "Property");
WHEREAS, the Authority was specifically created for the purpose of fostering
and stimulating economic development in the City and would be the entity to enter into
public-private partnership contracts with the developer; and
WHEREAS, title to the Property must be transferred from the City to the Authority
before any transaction for the development of the Hotel could be finalized.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
1. The City Council, subject to acceptance by the Authority, authorizes the
transfer of title to the Properly shown on the Location Map Exhibit A, attached hereto
and incorporated herein, to the Authority.
2. The City Manager, or his designee, is hereby authorized to execute any
and all documents to complete such transfer, so long as such documents are deemed
necessary and sufficient by the City Manager and in a form deemed satisfactory by the
City Attorney.
44 3. The City Council requests and recommends that the Authority adopt a
45 Resolution accepting the transfer of the Property to the Authority.
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47 Adopted by the Council of the City of Virginia Beach, Virginia, on the
48 day of , 2011.
j THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL ELECTED MEMBERS OF CITY COUNCIL ]
APPROVED AS TO CONTENT:
' ..-
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA11942
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving and Authorizing the Transfer of Property to the City of
Virginia Beach Development Authority for Potential Future Development
(DOME SITE)
MEETING DATE: November 1, 2011
■ Background:
On July 17, 2007 City Council adopted a resolution requesting the City of Virginia
Beach Development Authority (the "Authority") seek offers for development of an
entertainment venue at the former Dome Site (the "Dome Site").
The Authority issued its Request for Letters of Interest and Qualifications seeking
a developer for the Dome Site. The Authority interviewed potential developers
for the Dome Site, and is currently negotiating terms of a possible transaction at
the Dome Site. The Authority has entered into an exclusive dealing agreement
with Leisure and Recreation Concepts, Inc. for the Dome Site.
The parcels identified for the Dome Site total approximately 8.08 acres and
consist of (A) all the property between 18th and 20th Streets and Arctic and
Pacific Avenues; and (B) the northwestern portion of the block between 17th and
18th Streets and Arctic and Pacific Avenues. All of the property is currently
owned by the City. The exact location of the parcels to be transferred is shown
on the Location Map attached to the ordinance as Exhibit A.
If a public-private partnership at were to be approved by City Council, the
Authority would be the public entity contracting with a developer. As such, the
property for the Dome Site should first be transferred from the City to the
Authority.
■ Considerations: Transferring title of the properties for the potential
development would facilitate the Authority's ability to negotiate potential terms for
a public-private partnership with the developers. The terms and conditions of a
future development project would have to be approved by City Council at a later
date, prior to the City being committed to any development project.
Approval of this transaction requires an affirmative vote of three-fourths of all
elected members of City Council.
■ Public Information:
A public hearing was advertised in The Virginian -Pilot and advertisement of the
City Council Agenda.
■ Alternatives:
Convey the properties to the Virginia Beach Development Authority or retain title
to the subject properties.
■ Recommendations:
Staff recommends approval of the transfer of the properties to the Authority with
the understanding that any commitments for development must first be approved
by City Council.
■ Attachments:
Ordinance
Location Map
Recommended Action: Approval of the Ordinance.
Submitting Department/Agency: City Manager/ Economic Development
City Manager: :�08 VIt
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AN ORDINANCE APPROVING AND
AUTHORIZING TRANSFER OF PROPERTY TO
THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY FOR POTENTIAL FUTURE
DEVELOPMENT
WHEREAS, to promote the economic vitality of the City of Virginia Beach (the
"City"), City Council has identified the need for an entertainment venue at the former
Dome Site (the "Dome Site");
WHEREAS, by Resolution 03260, adopted by City Council on July 17, 2007, City
Council requested that the City of Virginia Beach Development Authority (the
"Authority") explore potential development of the Dome Site;
WHEREAS, pursuant to City Council's request, the Authority issued its Requests
for Letters of Interest and Qualifications seeking a potential developer for the Dome
Site;
WHEREAS, the Authority has identified a potential developer for the Dome Site
and has engaged in negotiations with that developer;
WHEREAS, the land on which the Dome Site project would be located is
presently owned by the City, as shown on the Location Map attached hereto as Exhibit
A (collectively, the "Property");
WHEREAS, the Authority was specifically created for the purpose of fostering
and stimulating economic development in the City and would be the entity to enter into
public-private partnership contracts with the developer; and
WHEREAS, title to the Property must be transferred from the City to the Authority
before any transaction for the development of the Dome Site could be finalized.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
1. The City Council, subject to acceptance by the Authority, authorizes the
transfer of title to the Property shown on the Location Map Exhibit A, attached hereto
and incorporated herein, to the Authority.
2. The City Manager, or his designee, is hereby authorized to execute any
and all documents to complete such transfer, so long as such documents are deemed
necessary and sufficient by the City Manager and in a form deemed satisfactory by the
City Attorney.
44 3. The City Council requests and recommends that the Authority adopt a
45 Resolution accepting the transfer of the Property to the Authority.
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47 Adopted by the Council of the City of Virginia Beach, Virginia, on the
48 day of , 2011.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL ELECTED MEMBERS OF CITY COUNCIL]
APPROVED AS TO CONTENT:
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APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA11961
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution of City Council approving the issuance of Residential Care
Facility Mortgage Revenue Bonds (Westminster -Canterbury of Hampton
Roads, Inc.) Series 2011
MEETING DATE: November 1, 2011
` Background: The City of Virginia Beach Development Authority (the "Authority")
has considered the application of Westminster -Canterbury of Hampton Roads,
Inc. ("Westminster -Canterbury"), requesting the issuance by the Authority of its
revenue bonds in an amount not to exceed $5,000,000 (the "Bonds"), to provide
permanent financing for waterproofing and window repair/replacement work on
the East Tower of Westminster -Canterbury's resident and health care facility, the
replacement and addition of needed fixtures, furniture and equipment, and
various other capital renovations and improvements.
` Considerations: The matter comes before Council for its approval pursuant to
§ 15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf
the bonds of an authority are issued to either approve or disapprove any financing
recommended by a development authority within sixty (60) days of the date of the
authority's public hearing. The Authority's public hearing was held on October 18,
2011.
Westminster -Canterbury is a not for profit assisted living facility providing residential
care for the aged available to residents of the City.
` Public Information: The request was duly advertised for a public hearing before
the Authority in accordance with the requirements of § 15.2-4906 of the Virginia
Code.
Recommendation: Approval
` Attachments:
Location Map
Resolution for City of Virginia Beach
VBDA Submission to Council
Affidavit of Publication & Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Economic Impact Statement
Summary Sheet
Letter from Department of Economic Development, dated October 20, 2011
Recommended Action: Approval
Submitting Department/ Agency: Economic Development
City Manager. V , 2>TX>17-
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RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
APPROVING THE ISSUANCE OF RESIDENTIAL
CARE FACILITY MORTGAGE REVENUE BOND
(WESTMINSTER -CANTERBURY OF HAMPTON
ROADS, INC.) SERIES 2011
WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
has considered the application of Westminster -Canterbury of Hampton Roads, Inc. (the
"Company") for the issuance of the Authority's Residential Care Facility Mortgage
Revenue Bond, Series 2011 in an amount not to exceed $5,000,000 (the "Series 2011
Bond") to assist the Company in providing permanent financing for waterproofing and
window repair/replacement work on the East Tower of its resident and health care
facility located at 3100 Shore Drive in Virginia Beach, Virginia (the "Residential
Campus"), the replacement and addition of needed equipment, furnishings and fixtures
and various other capital renovations and improvements to the existing facilities of the
Residential Campus (the "Project") and to pay certain expenses of issuing the Series
2011 Bond and has held a public hearing thereon on October 18, 2011; and
WHEREAS, the Authority has requested the City Council (the "Council") of
Virginia Beach, Virginia (the "City") to approve the issuance of the Series 2011 Bond to
comply with Section 147(f) of the Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended,
a copy of the Authority's Resolution approving the issuance of the Series 2011 Bond,
subject to the 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 Council of
the City of Virginia Beach, Virginia.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia hereby approves the
issuance of the Series 2011 Bond by the City of Virginia Beach Development Authority,
in a principal amount not to exceed $5,000,000 to assist the Company in providing
permanent financing for waterproofing and window repair/replacement work on the East
Tower of the Residential Campus, the replacement and addition of needed equipment,
furnishings and fixtures and various other capital renovations and improvements to the
existing facilities of the Residential Campus, for the benefit of Westminster -Canterbury
of Hampton Roads, Inc. and to the extent required by Section 147(f) of the Internal
Revenue Code, to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Series 2011 Bond, as required by
Section 147(f) does not constitute an endorsement of the Series 2011 Bond or the
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creditworthiness of the Company and, pursuant to Chapter 643, Virginia Acts of
Assembly of 1964, as amended, the Series 2011 Bond shall provide that neither the
City nor the Authority shall be obligated to pay the Series 2011 Bond or the interest due
thereon or any other costs incident thereto except from the revenues and moneys
pledged therefor, 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 this Resolution, the City of Virginia Beach, including its
elected representatives, officers, employees and agents, shall not be liable and hereby
disclaim all liability for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue the Series 2011 Bond for the Project for any reason.
This Resolution shall take effect immediately upon its adoption.
Adopted by the Council fo the City of Virginia Beach, Virginia, on day of
, 2011.
APPROVED AS TO CONTENT
Economic Development
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA11959
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October 21, 2011
I-1062305.1
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VIRGINIA BEACH I
October 20, 2011
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: Westminster -Canterbury Residential Care Facility Mortgage Revenue Bonds
Dear Mayor Sessoms and Members of Council:
We submit the following in connection with the request of Westminster -Canterbury of
Hampton Roads, Inc.'s application for the issuance of residential care facility mortgage revenue
bonds in the amount of $5,000,000 for the project located at 3100 Shore 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 Economic 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.
Very truly yours,
Jer[rol,.d L. Miller, Secretary
JLM /AWS
Enclosures
222 Central Park Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757385.6464 or 800.989.4567 0 fax 757.499.9894
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Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(WESTMINSTER -CANTERBURY OF HAMPTON ROADS, INC.)
On October 18, 2011
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Westminster -Canterbury of
Hampton Roads, Inc., a Virginia nonstoek, nonprofit corporation ("Westminster -Canterbury")
and that a notice of public hearing was published in the Virginia Pilot, a newspaper having
general circulation in the City of Virginia Beach, Virginia in accordance with applicable law
governing the issuance of tax-exempt bonds. The Chairman indicated that a copy of the Notice
and an Affidavit of Publication of such notice are to be filed with the records of the City Council
of the City of Virginia Beach (the "Council").
The following individuals appeared on behalf of Westminster -Canterbury and addressed
the Authority:
Hugh L. Patterson (General Counsel)
Dan Oetzel (Chief Financial Officer)
Mr. Patterson briefly outlined the history of Westminster -Canterbury with tax-exempt
bonds first being issued for the construction of its resident and health care facility at 3100 Shore
Drive in Virginia Beach, Virginia in November of 1979 (the "Residential Campus"), the opening
of its doors to residents in January of 1982, and its history of operations over the past 29 years.
He also gave a brief description of the resolution which requests the issuance of up to $5,000,000
of additional tax-exempt bonds (the "Bonds") for the purpose of providing permanent financing
for waterproofing and window repair/replacement work on the East Tower of the Residential
Campus, the replacement and addition of needed equipment, furnishings and fixtures and various
other capital renovations and improvements to the existing facilities of the Residential Campus.
He then opened the floor for questions. Members of the Authority were satisfied with Mr.
Patterson's presentation and had no questions or requests for additional information.
The public benefits to be realized by the City of Virginia Beach as a result of the
financing, as described by Mr. Patterson, are (a) renovated facilities which will continue to meet
the current and future market demands of approximately 700 retired persons who now and in the
future will reside at Westminster -Canterbury's residential campus; (b) the continued availability
of 301 full time and 116 part time employment positions with an average annual salary of
$33,147 and a total annual payroll of $12,334,000; (c) real estate taxes to be paid by
Westminster -Canterbury to the City of Virginia Beach of approximately $963,000; and (d) goods
and services being purchased by Westminster -Canterbury each year within the City of Virginia
Beach area totaling approximately $10,116,000.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
I-1062293.1
10/1812011
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to
the City Council of the City of Virginia Beach 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.
2
1-1062293,1
10/18/2011
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDICATING ITS INTENT TO ISSUE UP TO $5,000,000 OF ITS RESIDENTIAL CARE
FACILITY MORTGAGE REVENUE BOND (WESTMINSTER -CANTERBURY OF
HAMPTON ROADS, INC,) SERIES 2011
WHEREAS, Westminster -Canterbury of Hampton Roads, Inc. ("Westminster -
Canterbury") has described its interest in having the City of Virginia Beach Development
Authority (the "Authority") issue up to $5,000,000 of its Residential Care Facility Mortgage
Revenue Bond, Series 2011 (the "Series 2011 Bond") to provide $5,000,000 in permanent
financing for waterproofing and window repair/replacement work on the East Tower of
Westminster -Canterbury's resident and health care facility located at 3100 Shore Drive in
Virginia Beach, Virginia (the "Residential Campus''), the replacement and addition of needed
equipment, furnishings and fixtures and various other capital renovations and improvements to
the existing facilities of the Residential Campus (the "Project') and to pay certain expenses of
issuing the Bond; and
WHEREAS, Westminster -Canterbury, in its application and in its appearance before the
Authority, has requested that the Authority issue its Series 2011 Bond under the provisions of
Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond
Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the
"Act''); and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal ---
Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that the issuance of the Series
2011 Bond 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 or
prosperity and will further the public purposes of the Act and provide a public benefit to the City
by, among other things, ensuring the continued availability of modern and efficient medical
services, special care and secure living accommodations for the elderly in accordance with their
special needs.
3. It has previously been found and determined that Westminster -Canterbury's
facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the
aged within the meaning of the Act.
1-1059198,2
4. The Authority hereby agrees to cooperate with Westminster -Canterbury in
reviewing plans to construct various capital renovations and improvements to existing facilities
at the Residential Campus and, subject to the Authority's final approval of the offering of the
Series 2011 Bond at a later date, to undertake the issuance of the Series 2011 Bond in the
maximum principal amount of $5,000,000 upon terms and conditions to be mutually agreed upon
by the Authority and Westminster -Canterbury. If finally approved by the Authority, the Series
2011 Bond will be issued pursuant to a Bond Purchase and Loan Agreement with SunTrust Bank
and certain other documents satisfactory to, and with terms to be approved by, the Authority.
The Series 2011 Bond will be issued only after the Authority has received the approving opinion
of Bond Counsel as to the qualification of the Series 2011 Bond under the Act and appropriate
certifications and opinions as to the offering of the Series 2011 Bond and disclosures with
respect thereto.
5. The Authority hereby agrees to the recommendation of Westminster -Canterbury
that Willcox & Savage, P.C. with offices in Virginia Beach and Norfolk, Virginia, be appointed
as Bond Counsel and Company Counsel and hereby appoints this firm to supervise the
proceedings and approve the issuance of the Series 2011 Bond.
6. All costs and expenses in connection with the issuance of the Series 2011 Bond,
including the fees and expenses of Bond Counsel, counsel for the Authority and counsel for
SunTrust Bank as the purchaser of the Series 2011 Bond shall be paid from the proceeds of the
Series 2011 Bond (but only to the extent permitted by applicable law) or by Westminster -
Canterbury. If for any reason the Series 2011 Bond are not issued, it is understood that all such
expenses shall be paid by Westminster -Canterbury and that the Authority shall have no
responsibility therefor.
7. The Series 2011 Bond shall be a limited obligation of the Authority and shall be
payable solely out of the revenues, receipts and payments specifically pledged therefor. Neither
the commissioners, officers, agents or employees of the Authority, past, present and future, nor
any person executing the Series 2011 Bond, shall be liable personally on the Series 2011 Bond
by reason of the issuance thereof. The Series 2011 Bond shall not be deemed to constitute a
general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or
any political subdivision thereof, including the City of Virginia Beach and the Authority and
neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Series 2011 Bond be payable out of any
funds or properties other than the special funds and sources provided therefor. Neither the faith
and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision
thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of
the Series 2011 Bond or the interest thereon or other costs incident thereto. The Series 2011
Bond shall not constitute an indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction.
M
1-1059198.1
8. The Authority shall not be liable and hereby disclaims all liability to Westminster -
Canterbury for any damages, direct or consequential, resulting from the Authority's failure to
issue the Series 2011 Bond for any reason, including but not limited to, the failure of the City
Council of the City of Virginia Beach to approve the issuance of the Series 2011 Bond. Nothing
herein shall be construed as a commitment or obligation on the part of the Authority to adopt a
final resolution or execute any documents with respect to Series 2011 Bond.
9. Unless this Resolution is extended by the Authority, the Series 2011 Bond shall
be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
10. In adopting this resolution, the Authority declares its "official intent" for
Westminster -Canterbury to reimburse itself for expenditures with respect to the Project from the
proceeds of the Bond within the meaning of regulations issued by the Internal Revenue Service
pursuant to Section 103 of the Code.
11. The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Series 2011 Bond and hereby directs the Chairman or Vice -
Chairman of the Authority to submit to the City Council of the City of Virginia Beach a
reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal
impact statement required by Virginia law, and a copy of this Resolution.
12. This Resolution shall take effect immediately upon its adoption.
Adopted this �_ day of October, 2011, by the City of Virginia Beach Development
Authority.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By: dIlk—,
Sec
I-1059198.1
Exhibit D
DISCLOSURE STATEMENT
Date: OctoberLe e , 2011
Applicant: Westminster -Canterbury of Hampton Roads, Inc,
All Owners
(if different from Applicant): None
Type of Application: $5,000,000 Residential Care Facility Mortgage Revenue Bond,
Series 2011 to provide $5,000,000 in permanent financing for
waterproofing and window replacement work on the East
Tower of Westminster -Canterbury's resident and health care
facility located at 3100 Shore Drive in Virginia Beach, Virginia
(the "Residential Campus"), the replacement and addition of
needed equipment, furnishings and fixtures and various other
capital renovations and improvements to the existing facilities
at the Residential Campus
1. The Applicant is a Virginia corporation.
2. The Applicant is the owner of the Project.
3. The current officers and trustees of Applicant are listed on the attached
Exhibit A.
WESTMINSTER -CANTERBURY OF HAMPTON
ROADS, INC.
By_
Gen al Counsel
I-906640.3
Trustees of Westminster -Canterbury are:
Appointed by the Episcopal Diocese:
Appointed by the Presbytery of Eastern
Virginia:
DM Byron E. Tobin, Jr.
Mr. Robert W. McFarland
01 ColIege Place A4
McGuire Woods
Norfolk, VA 23510
9000 World Trade Center
Norfolk, VA 23510
Mr. Howard P. Kern
Mrs. Mary Louis Le Hew
Sentara Healthcare
255 College Cross 466
015 Poplar Hall Drive, Suite 300
Norfolk, VA 23508
orfolk, VA 23502
Dr. William T. Greer
Dr. Clarence A. Holland
Virginia Wesleyan College
4328 Sandy Bay Drive
1584 Wesleyan Drive
Virginia Beach, VA 23455
Norfolk, VA 23502-5599
Mr. George Compo
Mr. Alvin Wall
Compo Construction Company
Wall, Einhorn & Chernitzer, P.C.
704 Florida Avenue
555 Main Street
Norfolk, VA 23513
Norfolk, VA 23510
Ms. Susan T. Bernard
Mr. C. Ben Mason
1337 Graydon Ave.
SunTrust Bank
Norfolk, VA 23507
150 W. Main St., 14'h Floor
Norfolk, VA 23510
Mr. Page G. Lea
Mrs. Martha Sims
Capes Capital Management, Inc.
Virginia Beach Dept. of Public Libraries
300 West Freemason St.
2416 Courthouse Drive — Bldg. 19
Norfolk, VA 23510
Virginia Beach, VA 23456
The Rev. Harold J. Cobb, Jr.
Mr. John Y. Pearson, Jr.
1931 Paddock Road
608 Baldwin Avenue
Norfolk, VA 23518
Norfolk, VA 23517
Mr. Tazewell G. Taylor
Sullivan, Andrews & Taylor, P.C.
5544 Greenwich Rd., Suite 103
Virginia Beach, VA 23462
The Officers of Westminster -Canterbury are;
Chairman:
Mrs. Mary Louis Le Hew
55 College Cross #66
Norfolk, VA 23510
Vice Chairman:
Mr. Tazewell G. Taylor
Sullivan, Andrews & Taylor, P.C.
5544 Greenwich Rd., Suite 103
Virginia Beach, VA 23462
Secretary:
RADM Byron E, `Tobin, Jr.
01 College Place #4
Norfolk, VA 23510
Treasurer:
Mr. Howard P. Kern
Sentara. Healthcare
015 Poplar Hall Drive, Suite 300
Norfolk, VA 23502
President & CEO:
Mr. J. Benjamin Unkle, Jr.
100 Shore Drive
Virginia Beach, VA 23451
Chief Financial Officer and
Mr. Daniel C. Oetzel
Assistant Treasurer:
3100 Shore Drive
Virginia Beach, VA 23451
Vice President for Resident & Health Services
Daniel J. Nimon
d Assistant Secretary;
3 100 Shore Drive
it inia Beach, VA 23451
VIRGINIA BEACH Exhibit E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$5,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS
WESTMINSTER -CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2011
The City of Virginia Beach Development Authority (the "Authority")
recommends approval of the above -captioned financing. Westminster -Canterbury of
Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and
trade within the City of Virginia Beach. Financing provided by the Authority will assist
as existing life -care facility 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.
212 Control Park Ave, Sui►e 1000 0 Virginia Biac.h, Virginia 23462 • ph 757.385.6464 or 800 989.4567 • lox 757,499,9894
ECONOMIC IMPACT STATEMENT
FOR
BOND ALLOCATION REVIEW
1-906621.3
10/05/2011
Exhibit F
Economic Impact Statement
1. Amount of Investment $ 5,000,000
2. Amount of industrial revenue bond financing sought $ 5,000,000
3. Estimated taxable value of the facility's real property
to be constructed in the City of Virginia Beach $ 0
4. Estimated real property tax per year using the
present tax rate $ 963,000
5. Estimated personal property tax $ 92,000
6. Estimated impact statement demonstrating the overall return to the City:
A. Number of new jobs 0
B. Payroll generated $ 0 Avg Wage $—
C. Number of jobs retained 301 full time and 116 part time
D. Payroll retained $ 12,334,000 Avg Wage $ 33,147 (372.7 FTEs)
in fiscal year ending September 30,
2011
E. Estimate the value of goods and services purchased within the geographic
boundary of Virginia Beach by type (Inventory, Machinery, Professional
Services, Insurance, Motor Vehicles, etc.):
Type
Food
Utilities
Employee Benefits
Supplies
Professional Services
Corporate Insurance
Value
$ 1,889,000
$ 1,732,000
$ 2,989,000
$ 2,569,000
$ 406,000
$ 531,000
Total $10,116,000
Construction of East Tower Capital Improvements
(2012 capital budget items not included)
F. Building permit fee and other
municipal fees $ 1,100
G. Construction payroll
Page 1 of 2
I-906621.3
10/07/2011
$ 709,628
Economic Impact Statement
H. Value of construction material
purchased within the City of Virginia Beach $ 489,723
Number of construction jobs 20
J. Any other items which the applicant feels the Authority should be made aware of
in evaluating the project None
7. Is the site currently zoned for the use being proposed for the industrial revenue bond
financing? X Yes No.
8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a
copy? X Yes No.
9. Will the bond financing close within 90 days from the date of adoption of the inducement
resolution? X Yes _ No. Plans call for closing prior to November 30, 2011.
10. Location of project (attach location map) See attached location map.
11. Explanation of alternative financing that has been reviewed for the project. The use of
tax-exempt bonds is the only financing alternative that has been considered.
Page 2 of 2
1-906621.3
10/07/2011
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
2. LOCATION:
3. DESCRIPTION OF PROJECT:
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS:
Exhibit G
Westminster -Canterbury of Hampton Roads, Inc.
3100 Shore Drive, Virginia Beach, Virginia 23451
Waterproof and repair/replace windows on the East
Tower of Westminster -Canterbury's resident and
health care facility at the above location (the
"Residential Campus"), replace and add needed
equipment, furnishings and fixtures and various
other capital renovations and improvements to the
existing facilities of the Residential Campus.
$5,000,000
Episcopal Diocese of Southern Virginia and
Presbytery of Eastern Virginia, Presbyterian Church
(USA)
6. ZONING CLASSIFICATION:
a. Present zoning classification
the Property: B-4
b. Is rezoning proposed: Yes
C. If so, to what zoning classification:
1-1062800.1
10/20/2011
12Ci�:�:1
Exhibit H
-7 1
VIRGINIA BEACH
ECONOMIC DEVELOPMENT
October 21, 2011
John W. Richardson, Esquire
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Westminster -Canterbury of Hampton Roads, Inc.
Dear John:
The Department of Economic Development concurs with the issuance of residential care
facility mortgage revenue bonds in an amount not to exceed $5,000,000 for Westminster -
Canterbury of Hampton Roads, Inc. 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, ensuring the availability of modern and efficient medical services,
special care and secure living accommodations for the elderly in accordance with their special
needs.
These funds are to provide permanent financing for waterproofing and window
repair/replacement work on the East Tower of Westminter-Canterbury's resident and health care
facility, the replacement and addition of needed fixtures, furniture and equipment, and various
other capital renovations and improvements.
I will be happy to answer any questions you may have at our next meeting.
Sincerely,
Mark R. Wawner
Project Development Coordinator
MRW/AWS/csk
222 Central Park Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to amend ORD -2737E, which authorized the Temporary
Encroachments into a portion of City property known as Lake Joyce, by the GST
Exemption Trust, its heirs, assigns and successors in title to include an existing
bulkhead
MEETING DATE: November 1, 2011
■ Background:
On February 25, 2003, the City adopted Ordinance 2737E authorizing the
construction and maintenance of an existing pier, proposed pier, lift and ramp
into a portion of City property known as Lake Joyce by GST Exemption Trust, its
heirs, assigns and successors. The City entered into an Encroachment
Agreement (the "Agreement") with GST Exemption Trust, which Agreement was
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as
Instrument Number 200303110037793.
After the adoption of the Ordinance, the owner's contractor, Eastern Marine
Construction, Inc., requested a permit for re -sheeting of the bulkhead on the
property at 4469 Blackbeard Road and informed the City that the existing
bulkhead was erroneously omitted from the previous Agreement.
The bulkhead was in existence at the time of the adoption of Ordinance 2737E
and executed of the Agreement.
■ Considerations:
City Staff previously reviewed the requested encroachments and recommended
approval of same, subject to certain conditions outlined in the Agreement. It was
the intent of GST Exemption Trust to include the existing bulkhead into the
Ordinance and Agreement.
■ Public Information:
Advertisement of City Council Agenda
■ Recommendations:
Approve the Ordinance and authorize the amendment of ORD -2737E.
■ Attachments:
Ordinance, Amended Encroachment Agreement, Exhibit
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate l ,-D P A -A
City Manager.
1 AN ORDINANCE TO AMEND ORD -
2 2737E, WHICH AUTHORIZED THE
3 TEMPORARY ENCROACHMENTS
4 INTO A PORTION OF CITY
5 PROPERTY KNOWN AS LAKE
6 JOYCE, BY THE GST EXEMPTION
7 TRUST, ITS HEIRS, ASSIGNS AND
s SUCCESSORS IN TITLE TO
9 INCLUDE AN EXISTING BULKHEAD
10
11 WHEREAS, the City Council of the City of Virginia Beach adopted Ordinance
12 2737E on February 25, 2003, which authorized permission to construct and maintain an
13 existing pier, proposed pier, lift and ramp into a portion of Lake Joyce by the GST
14 Exemption Trust, its heirs and assigns and successors in title;
15
16 WHEREAS, pursuant to Council's direction, a Temporary Encroachment
17 Agreement was executed and recorded in the Clerk's Office of the Circuit Court of the
18 City of Virginia Beach, Virginia as Instrument Number 200303110037793 (the
19 "Encroachment Agreement");
20
21 WHEREAS, after the adoption of the Ordinance 2737E, it was determined that an
22 existing bulkhead was inadvertently omitted from the Ordinance and Encroachment
23 Agreement;
24
25 WHEREAS, as the proposed amendment to include the existing bulkhead
26 represents a change in the substantive rights of the City in that agreement, City Council
27 approval of the amendment is required prior to execution of the Amended
28 Encroachment Agreement;
29
30 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
31 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
32 City's property subject to such terms and conditions as Council may prescribe.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
37 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Ordinance 2737E is
38 amended to allow GST EXEMPTION TRUST, its heirs, assigns and successors in title,
39 to construct and maintain temporary encroachments for an existing bulkhead, existing
40 pier, proposed pier, lift and ramp into a portion of City Property known as Lake Joyce as
41 shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" PROPOSED PIER,
42 LIFT & RAMP IN: LAKE JOYCE AT: 4469 BLACKBEARD ROAD VIRGINIA BEACH,
43 VA 23455 APPLICATION BY: GST EXEMPTION TRUST," SHEET 1 OF 1 SCALE: 1" =
44 40', DATE: February 12, 2002 and revised through May 7, 2002, a copy of which is on
45 file in the Department of Public Works and to which reference is made for a more
46 particular description; and
47
48 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
49 subject to those terms, conditions and criteria contained in the Amended Agreement
5o between the City of Virginia Beach and GST Exemption Trust (the "Agreement"), which
51 is attached hereto and incorporated by reference; and
52
53 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
54 is hereby authorized to execute the Agreement; and
55
56 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
57 time as GST Exemption Trust and the City Manager or his authorized designee
58 executes the Agreement.
59
60 Except as modified herein, Ordinance 2737E shall remain in full force and effect.
61
62 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
63 of , 2011
CA11957
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PREPARED: 10/21/2011
APPROVED AS TO CONTENTS
PUBLIC WORKS, REAL ESTATE
10[: l ( I l
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
D _ M ER
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
AMENDMENT TO ENCROACHMENT AGREEMENT
THIS AMENDMENT TO ENCROACHMENT AGREEMENT
("Amendment"), dated 21st day of October, 2011, is by and between the CITY OF
VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of
Virginia, ("City") (to be indexed as "grantor'), and THE GST EXEMPTION TRUST, ITS
HEIRS, ASSIGNS, AND SUCCESSORS IN TITLE, (to be indexed as "grantee").
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land (the "Property") designated and described as "SECTION 1, LOT 28, BLOCK 1,
BAYLAKE PINES," and being further designated, known, and described as 4469
Blackbeard Road, Virginia Beach, Virginia, 23455; and
WHEREAS, the City and Grantee are parties to the Encroachment
Agreement (the "Agreement") executed February 28, 2003, which Agreement is
recorded in the land records of the City of Virginia Beach, Virginia, as Instrument
#200303110037793;and
WHEREAS, the Parties omitted the existing bulkhead in the description of
the Encroachment Area in the Agreement authorized by the City Council; and
WHEREAS, the Parties desire to amend the Agreement to include the
existing bulkhead in the description of the Encroachment Area.
GPIN'S: 1479-89-0997-0000; (4469 Blackbeard Road)
1570-80-2438-0000; (CITY PROPERTY KNOWN AS
LAKE JOYCE AND 25' STRIP AROUND THE LAKE)
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the parties, the parties agree as follows:
1. The definition of "Temporary Encroachment" under the Agreement shall
be amended to include the existing bulkhead, as shown in the attached
Exhibit "A", as "Wood Bulkhead".
2. All other covenants and agreements shall continue in force between the
Parties.
IN WITNESS WHEREOF, Gary Dew Schermerhorn, Trustee, the said
Grantee, has caused this Amendment to be executed by his signature. Further, that the
City of Virginia Beach has caused this Amendment to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
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CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2011, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
3
Notary Public
(SEAL)
By --
Gary Dew Sch rmerhorn, Trustee
of The GST Exemption Trust
STATE OF V i �o'_�-
CITY/COUNTY Off'\ �,. �Q , to -wit:
The foregoing instrument was acknowledged before me this DC day of
and grantee.
2011, by Gary Dew Schermerhorn, Trustee for the property owner
_ EAL)
Notary Public
NOMA KAREN ELEPANO
Notary Registration Number: —1 �� 1-7>j Lp Notary Public
Commonwealth of Virginia
7.
M Commission Expires: 73s12re
My � My Commission Expires Apr 30, 2014
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
El
APPROVED AS TO CONTENTS
SIGNATURE
k Lo Y-ZC fcl-
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
1 r
DAN RMEYER,
ASSIST NT CITY ATTORNEY
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
City of Virginia Beach, to -wit
This day personally appeared before me, a Notary Public in and for the aforesaid
jurisdiction, William Curtis Estes, Jr., President of Eastern Marine Construction, Inc., a
Virginia corporation, who first being duly sworn, deposes and says that the wood bulkhead,
pier and lift remain on the property at 4469 Blackbeard Road, Virginia Beach, Virginia, as
shown on the attached exhibit, and is an accurate depiction of the property in its current state.
Witness the following signature and seal.
EAL}
Sworn to and subscribed before me this � d y of ' . 12011.
AL}
Notary Public
Notary Re Registration Number: Lol^ NOMA
KAREN ELEPANO
My Commission Expires: 2 -Ci Notary Public
\\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d018\p012\00043129.doc Commonwealth of Virginia
7351267
My Commission Expires Apr 30, 2014
OHW AT FACE OF BULKHEAD
LOT 27
N/F GEORGE W. ACKLEY, III
1479--89-0845
SITE DATA:
LOT 28, BLOCK ONE, SAYLAKE PINES
REF: MS. 31 P. 53 IPF
GPIN: 1479-89-0997 /
ZONED: R-10
O
�N >p3pJ SOF
10
pNC� �y
LOT 28
ONE STORY BRICK
# 4469
ASPHALT
DRIVE
R-SMOs' / -'IPF
r�so.oa'
C3
LAKE JOYCE
OWNED BY
THE CITY OF
VIRGINIA BEACH
PROPOSED
PIER AND LIFT
PROPOSED
12' x 56'
CONC. RAMP
ooh r2.
OA`9J'
EXIST.
PIER
.IP ,yea
3'
LOT 29
N/F VICTORIA G. ZIMMERMAN
1570-80-2010
7
NRID Popo (50
PLAN VIEW
�-p,Cy03f- SCALE 1 " = 40'
REV: APRIL 21, 2002
Q 2002 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. REV: MAY 7, 2002
PURPOSE: BOATING ACCESS PROPOSED PIER, LIFT & RAMP
DATUM: MSL = 0.0 IN: LAKE JOYCE
A_P.O.'S WATERFRONT AT: 4469 BLACKBEARD ROAD
1. GEORGE W. ACKLEY, IIIVIRGINIA BEACH, VA 23455
2. VICTORIA G. ZIMMERMAN CONSULTING, i N C APPLICATION BY:
1112 JENSEN DRIVE, STE. 206 GST EXEMPTION TRUST
VIRGINIA BEACH, VA 23451
PHONE/FAX: (757) 425-8244 SHEET 1 OF 1
DATE: FEBRUARY 12, 2002
EXHIBIT "A"
o�Vh^Fv-/
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Adopting the City's 2012 Legislative Agenda and Requesting
Members of the City's Local Delegation to the General Assembly Sponsor
and/or Support Legislation that Would Carryout the Goals and Objectives Set
Forth Therein
MEETING DATE: November 1, 2011
■ Background: City Council has a tradition of presenting a Legislative Agenda to
the General Assembly each year. This Agenda provides the Virginia Beach Delegation
with positions of the City Council on funding, legislation, public safety, and other issues
that may be brought before the General Assembly.
■ Considerations: This Agenda was prepared based on input from Council
Members, Department Directors, and City Council boards and commissions.
■ Public Information: An informal public meeting was held on September 7, 2011
with community leaders and representatives of various citizen groups, the City Council
and the General Assembly Delegation to obtain items for inclusion in the 2012
Legislative Agenda. A public hearing was held on October 11, 2011 in Council
Chambers. A follow up discussion was held with City Council on October 25, 2011.
■ Recommendations: It is recommended that City Council approve the attached
resolution that adopts the 2012 Legislative Agenda and requests the City's local
Delegation to the General Assembly sponsor and/or support legislation that would carry
out the goals and objectives set forth.
■ Attachments: Resolution and 2012 Legislative Agenda.
Recommended Action: Approval
Submitting Department/Agency: City Council
City Manager: S
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A RESOLUTION ADOPTING THE CITY'S 2012
LEGISLATIVE AGENDA
WHEREAS, the City Council traditionally adopts a Legislative Agenda and
requests members of the City's local delegation to the General Assembly sponsor
and/or support legislation therein; and
WHEREAS, the City Council has considered a number of goals and objectives
for inclusion in the City's 2012 Legislative Agenda.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby adopts the City's 2012 Legislative Agenda, which is
attached hereto as Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City's Delegation to the General Assembly is hereby requested to
sponsor and/or support legislation in the 2012 Session of the General Assembly that
would carry out the goals and objectives of the City as set forth in its Legislative
Agenda.
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 to each
member of the City's local Delegation to the General Assembly.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2011.
APPROVED TO CONTENT:
.•Mlim 11 1-ki
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CA12021
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October 24, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offi
LEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION 2 O 12
CITY OF VIRGINIA BEACH
LEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION 2012
SEPTEMBER 27, 2011
CITY COUNCIL MEETING
Revised October 26, 2011
Preface....................................................................................................................................................................................1-2
City of Virginia Beach 2012 Requested Code of Virginia Changes............................................................. 3
PostLabor Day Opening for Schools.......................................................................................................................... 3
Expansion of the Virginia Human Rights Act........................................................................................................... 4
Equalizationof Lodging Taxes....................................................................................................................................... 5
Authority Granting the City of Virginia Beach Concurrent Jurisdiction with the Commonwealth in
IdentifiedWaters Off the City Shores......................................................................................................................... 6
State Legislation That Would Enable Localities to Have a Choice Between Providing New
Employees with a Defined Benefit Retirement Plan or a Defined Contribution Retirement
Plan....................................................................................................................................................................................... 7-8
Autism Spectrum Disorder (ASD) Initiative............................................................................................................ 9
Responding to Health Reform and Integrated Care Demands.......................................................................10
Specialized Services and Regional Initiatives and Emergency Services.............................................11-12
Illegal Use of Laser Pointers or Lights......................................................................................................................13
SmallBusiness Financing Authority...................................................................................................................14-15
Sustainable Transportation Funding.................................................................................................................16-18
Disclosure Limitation for Unpaid Invoices......................................................................................................19-20
Wireless E-911 Fund Distribution Formula Changes........................................................................................21
Line of Duty: Death, Health, and Disability Benefits..........................................................................................22
Taxationof Internet Sales.......................................................................................................................................23-24
Job -Related Injury: Continuation of Law Enforcement Officer (LEO) Benefits................................25-26
Hampton Roads Partnership Priority Items..........................................................................................................27
Moratoriumon Uranium Mining................................................................................................................................28
Audit Records of Ongoing Investigations and Confidential Sources.....................................................29-30
Cityof Virginia Beach Funding Items...........................................................................................................31
ContinuedFunding for BRAC Effort..........................................................................................................................31
Appendix: Drafts of Proposed Legislation -Keyed to Requested Code Changes ...........................32
Authority Granting the City of Virginia Beach Concurrent Jurisdiction with the Commonwealth in
IdentifiedWaters Off the City Shores.......................................................................................................................33
Illegal Use of Laser Pointers or Lights......................................................................................................................34
Sustainable Transportation Funding........................................................................................................................35
Disclosure Limitation for Unpaid Invoices.............................................................................................................36
Audit Records of Ongoing Investigations and Confidential Sources............................................................37
Proposed Public Safety Answering Point (PSAP) Funding Formula Impact Analysis ................... 38-41
The 2012 Session of the General Assembly will be very challenging. Hopefully, it will not be
as challenging from a fiscal standpoint as the last two sessions. However, the current
biennium budget was balanced through accelerated sales tax collection, deferral of over
$600 million in payments to the Virginia Retirement System (VRS), and other methods that
will be carried forward into the next biennium. Furthermore, at the time of this writing,
the economy may be entering into a "double -dip" recession. Although the state ended
Fiscal Year 2011 with a "surplus" of $311 million, there are still many unmet needs
throughout the Commonwealth. Furthermore, the $311 million needs to be reviewed in
comparison to the over $600 million that was not paid to VRS that is required to make the
VRS fund more fiscally sustainable.
Besides the fiscal impacts, there will be other policy decisions made during the 2012
session that will have tremendous impact on the lives of Virginians and residents of
Virginia Beach and Hampton Roads. It is likely that the issue of ABC Privatization will be
reintroduced into the General Assembly discussion. All cities still remain concerned about
the impact of such privatization. Furthermore, although the City is greatly appreciative of
Governor McDonnell's efforts to provide funding for transportation in the last session,
there is still no ongoing financing vehicle available for addressing transportation
infrastructure, maintenance, and construction needs. Currently, there is over $550 million
taken from the Transportation Trust Fund, which should be used for construction, and
instead is going into system maintenance. Maintenance needs are also increasing by over
$50 million per year. To put this into perspective, one penny on the gas tax statewide
provides $50 million. Thus, it would require a gas tax increase of at least eleven cents
statewide just to make up the funds in the construction budget that are currently being
transferred to the maintenance budget.
In the backdrop of this is the turmoil at the federal level over the U.S. Government's
finances. Inevitable federal budget cuts will have great impacts and be likely passed
through the state to the local governments. Also, the state continues to bill the local
governments for $60 million a year that local governments equate to local government
state aid. The City suggests that if there are available funds after the constitutionally
required funding that the $60 million in cuts in state aid to local governments from
previous years be restored.
As has previously been stated, the City Council of Virginia Beach continues to be concerned
about the level of funding available for basic services such as education, social services,
public safety, and transportation. These issues need to be addressed in the upcoming
biennium budget.
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Finally, the City is very appreciative of the General Assembly and the Governor's funding of
the Commonwealth's $7.5 million share of the BRAC Compliance Program. We believe in
keeping our commitments and maintaining the positive momentum we have jointly built
with the military. Funding needs to be included in the biennium budget for both years.
City Council wishes the very best for the General Assembly Members during the upcoming
2012 session as you shape the judgments that will influence our future prosperity and well
being.
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1. POST LABOR DAY OPENING FOR SCHOOLS
Jim Ricketts
Department of Convention and Visitors Bureau
Background Information:
The total spending from the tourism industry in Virginia Beach for calendar year 2009 was
$1.06 billion, stimulating 11,596 jobs. Starting schools in Virginia Beach and other
localities in the Commonwealth prior to Labor Day would have significant financial
consequences in the long term. Beginning schools prior to Labor Day would effectively
reduce the available vacation time in August by two weeks, which is prime family vacation
time that cannot be replaced. If the Virginia Beach school system begins before Labor Day
and other localities follow our lead, it will have a negative effect on the economic impact of
the tourism industry. To a lesser extent, this will also have an impact on this industry by
affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post
Labor Day opening of schools. This allows all schools to open after Labor Day except those
given exemptions by the State Board of Education.
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2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
Virginia Beach Human Rights Commission
Background Information:
The Virginia Human Rights Act (Va. Code §2.2-3900 et seq.) currently prohibits
discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or
related medical conditions, age, marital status, or disability. The City of Virginia Beach has
prohibited the aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
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3. EQUALIZATION OF LODGING TAXES
James K. Spore
City Manager
Background Information:
During the 2011 General Assembly Session, legislation (Senate Bill 972 - Whipple) was
introduced that would have the retail sales and hotel taxes on transient rooms (hotel
rooms) be computed based on the total charge or price paid. Currently, when a customer
reserves a room online from a hotel website, they pay the full sales tax for that room.
However, when the online travel companies rent rooms, the sales on the entire price is not
paid. The Online Travel Companies (OTCs) buy blocks of unused rooms and resell them.
However, the hotel tax is hidden within a service fee charged that shows up on the
customer's credit card bill. This is not a new tax, but a fair collection of existing taxes.
Major hotel chains such as Marriot and Hilton supported this legislation during the 2011
session. Several states have approved legislation such as this proposal and have upheld it
in the courts.
Request.
The General Assembly is requested to amend section § 58.1-602, etc. as was proposed in
Senate Bill 972 from the 2011 session. When a hotel or similar establishment contracts
with an intermediary to facilitate the sale of the room and the intermediary charges the
customer for the room, the bill would require the intermediary to separately state the taxes
on the bill or invoice provided to the customer and to collect the taxes based on the total
charges or the total price paid for the use or possession of the room. It is suggested that the
bill have a delayed implementation date of January 1, 2013. This would allow the OTCs
time to accommodate the change into their billing practice.
E
4. AUTHORITY. GRANTING THE CITY OF VIRGINIA BEACH CONCURRENT
JURISDICTION WITH THE COMMONWEALTH IN IDENTIFIED WATERS OFF THE
CITY SHORES
Chief James A. Cervera
Department of Police
Background Information:
The City of Virginia Beach provides Emergency Medical Services, Fire and Law
Enforcement services in waters located off its coastline. These invaluable services
supplement and greatly enhance those provided by the Department of Game and Inland
Fisheries and the State Police. In an effort to curtail any possible argument related to the
City's authority to address public safety concerns, the Code of Virginia should include a
provision granting the City concurrent jurisdiction in specified waters off the City's shore.
This has caused confusion in the courts when we bring offenders to trial.
Request:
Enact Code of Virginia § 29.1-747 to provide the City of Virginia Beach concurrent
jurisdiction with the Commonwealth of Virginia in the identified waters off the shores of
Virginia Beach.
See Appendix Item 4 (nage 33) for text of the requested legislative change.
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5. STATE LEGISLATION THAT WOULD ENABLE LOCALITIES TO HAVE A CHOICE
BETWEEN PROVIDING NEW EMPLOYEES WITH A DEFINED BENEFIT
RETIREMENT PLAN OR A DEFINED CONTRIBUTION RETIREMENT PLAN
Council Member Glenn Davis
Background Information:
The City of Virginia Beach's employees participate in the defined benefit retirement plan
that is offered by Virginia Retirement System ("VRS"). This defined benefit retirement plan
is based on a formula that includes age at retirement, average final compensation, and
years of service to calculate a retiree's benefit, but the benefit is not based upon
accumulated contributions and gains or losses in each member's account.
Every two years VRS actuarially computes the annual required rates of contributions for
the City of Virginia Beach, as a separately rated employer, based upon an actuarial
valuation of the retirement allowances and other defined benefits payable on behalf of
active Virginia Beach employees in VRS. The valuation includes actual service and disability
retirements, assumptions on life spans, disability rates, and turnover of the workforce. The
City of Virginia Beach contributes both the employee portion (5%) as well as the employer
portion of the contributions.' Current combined rates for the employer and employee
portion of VRS rates totals 17.58% of total covered payroll, and is paid entirely by the City
of Virginia Beach. This rate has increased substantially since Virginia Beach joined VRS in
1963, when the total rate was 10%. In addition, this rate is expected to increase further to
compensate for recent portfolio performance experienced by VRS.
Currently, an employee becomes vested in their VRS defined benefit account after five
years of service. When a vested employee leaves City of Virginia Beach employment prior
to retirement, the employee has two options: (1) maintain the VRS account to be accessed
at retirement based on VRS formulas; or (2) seek a refund of the 5% employee
contributions;
In a defined contribution plan:
individual employee accounts would be maintained, and in creating the plan a cap on the
contributions either by individual employees or by aggregate cost can be imposed,
thereby eliminating uncertainty about the City of Virginia Beach's future benefits
' Employees hired after July 1, 2010, with no active VRS service, are required to contribute 5% of their salary
to their VRS account.
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obligation and reducing the uncertainty associated with the fluctuation in employer
contributions under the current VRS defined benefit plan;
• the benefit would be based upon the contributions, plus or minus any gains or losses in
each employee's individual account. Accordingly, the amount of the City's employer
contribution would not change due to losses or gains in the employee accounts;
• a defined contribution plan could provide employees with substantially more control
over their investment options;
• employees can be immediately vested in the assets contained in their individual
accounts; the assets have greater portability and allow increased options for
employees who may leave City employment prior to retirement, including the potential
capability of rolling over funds into a 401(k), 401(a), government 457, or IRA.
Request:
The City of Virginia Beach urges the General Assembly to amend the Code of Virginia to
enable localities to have a choice between providing new employees with the current
defined benefit retirement plan or a new defined contribution retirement plan to be
administered by VRS; and that the new defined contribution retirement plan should be
fully portable. Nationally, other localities have begun offering this to their employees, and
Virginia localities should be able to offer similar benefits.
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6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE
Robert R. Morin
Department of Human Services
Background Information:
The Center for Disease Control (CDC) estimates that at least 1% of all children in this
country have some form of Autism Spectrum Disorder (ASD). Based on these estimates,
over 5,300 children in Virginia have ASD of which 437 reside in Virginia Beach. These
children have access to needed school-based educational services and supports. However,
children with ASD and their families have little/no access to non -school-based specialized
mental health services and supports. For this reason, the Children's Council is requesting
an ASD initiative to develop the workforce. This recommendation is to provide a
foundation for across-the-board expertise and training in Community Services Board
(CSB)/Behavioral Health Authority (BHA) for ASD. The Virginia Association of Community
Services Boards (VACSB) Child and Family Services Council estimate that requests to
CSB/BHAs now for these services exceed 1450 families. Specifically, the ASD Initiative will
include:
• A onetime cost of $15,000 per CSB/BHA ($600,000 statewide in total) for
designated staff to receive training to become certified ASD specialists to assist in
the assessment, treatment planning, and coordination of services for children with
ASD and their families.
Request:
Support the request for an ASD initiative to specifically include $15,000 per CSB/BHA
($600,000 statewide in state general fund dollars) for designated staff to receive training to
become certified ASD specialists to assist in the assessment, treatment planning, and
coordination of services for children with ASD and their families.
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7. RESPONDING TO HEALTH REFORM AND INTEGRATED CARE DEMANDS
Robert R. Morin
Department of Human Services
Background Information:
While all priorities have goals of both serving the existing need and developing capacity for
need for effective service delivery through health care expansion of Medicaid and
insurance coverage, this priority reflection promotes regional projects that integrate and
coordinate mental health, substance use disorders, and primary care medical services for
individuals with severe behavioral health conditions. This Comprehensive Systems of Care
regional approach will enable us to more effectively meet the demands when Health Care
Reform mandates begin in 2014.
Request:
Support projects that integrate and coordinate medical and behavioral health services
through regional projects such as the Health Planning Region V (HPRV)/Eastern Virginia
Medical School (EVMS) pilot or the Federally Qualified Health Center/Community Services
Board integration project.
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8. SPECIALIZED SERVICES AND REGIONAL INITIATIVES AND EMERGENCY
SERVICES
Robert R. Morin
Department of Human Services
a. Inpatient Diversion
Background Information:
Decreasing the number of State facility beds currently being used requires the utilization of
a variety of diversion strategies including purchase of services through increased and very
flexible local inpatient purchase of service (LIPOS), immediate access to psychiatry,
telepsychiatry, and medication, tiering rates for higher levels of private hospital services,
including additional payments for temporary detention orders (TDO), and longer lengths of
stay in private hospitals. Building capacity in these areas is critical in order to reduce
reliance on state facilities.
Request:
Support the statewide spending of $3.15 million in state general funds to continue building
community capacity to help offset the downsizing of state facility beds by expanding
existing private facility contracts. Such capacity would be available for all CSBs in the
region to access.
b. Specialized Regional Geri -psychiatric Capacity
Background Information:
As of July 15, 2011, the largest facility in the region serving geriatric adults in an inpatient
setting closed their gero-psychiatric unit. Providing appropriate crisis services at the time
of crisis in order to augment the effective use of the acute care resources in the least
restrictive treatment environment, expanding alternatives for post -acute care with the
crisis service assisting in the return, and settling -in the home or long term care facility are
among the outcomes of this priority: a Geriatric Psychiatry System of Care is proposed in
each Region with an average cost of $2 million per region (total annual cost of $10 million).
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This funding would facilitate the CSBs:
• To implement crisis care alternatives that can serve as adjuncts to a CSB emergency
services evaluation during crisis as well as adjunct supports to discharge planning
after acute care.
• To implement alternatives that can serve as adjuncts to discharge planning after
acute care.
• To provide access to the system of care services that supports a "No -Wrong -Door"
program to reduce service fragmentation.
• To identify and promote strategies that prevents or eliminates disparities in health
care for older adults.
• To prevent behavioral escalation that is likely to lead to more expansive involuntary
detention and or ongoing crisis.
• To assure that crisis alternatives are best supported through a sufficient number of
qualified staff trained in the needs of older adults.
Request:
Support request to build a system of care for geriatric adults in need of psychiatric/mental
health services to meet increasing demands of this population with dementia and other
psychiatric disorders. The request for Health Planning Region V Community Services
Boards is $2 million.
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9. ILLEGAL USE OF LASER POINTERS OR LIGHTS
James K. Spore
City Manager
At the request of Naval Air Station Oceana
Background Information:
Currently there is a prohibition in the Virginia Code and City Code against pointing lasers at
police officers. Oceana Naval Air Station's pilots have experienced several instances of
persons shining lights into airplane cockpits. This is a very dangerous activity because this
distracts the pilots when they are close to landing in Oceana Naval Air Station and also can
cause permanent damage to vision.
Request:
The request is to amend section § 18.2-57.01 of the Code of Virginia to make it illegal to
point a laser at aircraft and to allow local law enforcement officers to issue citations for
illegal use of lasers when they are pointed at aircraft. This would be a Class 1
misdemeanor.
See Appendix Item 9 (nage 34) for text of the requested legislative change.
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10. SMALL BUSINESS FINANCING AUTHORITY
Warren Harris
Department of Economic Development
Background Information:
The City of Virginia Beach, along with a number of other localities, has been pursuing curbs
on the Virginia Small Business Financing Authority (VSBFA) for several years. In the 2003
General Assembly amended the definition of "eligible business" in the Virginia Small
Business Financing Act, Va. Code Sec. 2.2-2279, et seq. (the "Act"), to allow the VSBFA to
issue bonds not only for small for profit businesses, but also for 501(c)(3) non-profit
organizations of any size. Prior to this time, large non -profits had to work with their
municipal Industrial Development Authority (IDA) or Economic Development Authority
(EDA) and local City Council in order to have the IDA or EDA issue the bonds after a local
public hearing and City Council approval.
This represented a major expansion of the VSBFA's jurisdiction, as while previously
"eligible businesses" were limited to for-profit entities meeting various gross income,
employment, or net worth limits (which essentially defined a "small business"). The
situation was exacerbated in January, 2008, when the VSBFA, which already charged a
lower fee rate of 1/10 of 1%, capped its administrative fees (currently at $125,000) per
year for non -profits of any size. This makes it even more lucrative for large non -profits to
issue bonds through the VSBFA versus through a local EDA, while both the state and local
governments lose valuable revenue through this competition for administrative fees. As
larger 501 (c)(3) organizations continue to turn to the VSBFA instead of their local EDA for
their bonds, there will be significant adverse financial consequences for localities caused by
competition from an agency of the Commonwealth.
Large non -profits do not pay local taxes. Yet, as these large non -profits continue to grow,
the localities must continue to provide services to them and increase these services in a like
manner as the non-profit grows. Most of the time, the only direct revenues that accrue to
localities from these developments are the bond administrative fees. Local and state
government should not be in competition with one another for issuing tax free bonds.
Request:
The General Assembly is requested to limit the power of the Virginia Small Business
Financing Authority along the lines of the legislation in 2011 sponsored by Senator
Norment in Senate Bill 1349. Negotiations between the EDAs and the VSBFA are ongoing;
14
however, there are sticking points such as the split on annual bond issuance fees and where
public hearings are held.
15
11. SUSTAINABLE TRANSPORTATION FUNDING
James K. Spore
City Manager
Background Information:
Transportation funding is required for two purposes:
• Maintenance of our existing infrastructure investment and;
• Construction of new roadway projects to meet existing and future mobility needs.
Virginia is not close to meeting either need and the trend is negative in both categories.
Since 1986, vehicle miles traveled has increased by approximately 40%. Population has
grown approximately by 30%; however, lane miles of roadway have only increased by
approximately 10%. To make matters worse, the purchasing power of the Virginia gas tax
of 17.5 cents per gallon in 1987 is now equivalent to a tax of only eight cents per gallon in
2011. Obviously, that purchasing power will continue to decline over time. Virginia has a
much lower state gas tax than its surrounding competitor states such as Maryland (23.5
cents), North Carolina (35.3 cents), West Virginia (32.2 cents), and Kentucky (27.8 cents).
As of July 1, 2011, the national average for federal and state gas tax per gallon was 48.9
cents. With the exception of Northern Virginia, Virginia's total tax of 38.4 cents is currently
12.5 cents per gallon below the national average.
System Maintenance:
The cost of roadway maintenance continues to grow by approximately $50 million a year.
This is a function of new roadways being added to the system, secondary road
maintenance, and increasing maintenance costs for segments of the interstate system,
which are now aging. Since 2002, funds for maintenance have had to be transferred from
the Commonwealth Transportation Fund, which was envisioned in 1986 as purely for new
roadway construction. In fact, in 2011, over $550 million will be transferred from the
construction fund to the maintenance fund. As mentioned previously, that figure increases
approximately $50 million a year.
The consequences of this diversion of construction funds to meet maintenance needs
means that in Virginia Beach, where only a few years ago, the City received over $32
million a year in urban street funding, we now receive zero funds for urban street
construction. The same is true for secondary construction in the counties. Money that was
16
available to the City for constructing roads such as Princess Anne, Laskin Road, First
Colonial, Kempsville Road, Centerville Turnpike, etc.
Because of the diminishing value of the gas tax due to more efficient automobiles and the
growth in construction costs, there is not one measure that will be the "silver -bullet" for
funding. However, the City Council believes that a sustainable long-term source of revenue
for transportation should be pursued immediately. The Council leaves it up to the General
Assembly as to what source(s) would best be utilized. However, the lack of a sustainable
long-term transportation funding stream will leave Virginia lagging woefully behind its
regional and international competitors. It will also cause a decrease in the quality of life to
our residents through the cost of congestion, degraded air quality, and the reduced
desirability of the Commonwealth for future economic growth.
New Roadway Construction:
The Hampton Roads Transportation Planning Organization (HRTPO) has identified $30
billion in regional construction needs over the next twenty years. However, only $13.6
billion in traditional federal and state funding are envisioned to be available. Maintenance
requirements are projected at $12.35 billion over that timeframe, and, therefore, would
leave only $1.25 billion left for construction of regional capacity improvement projects. To
put that in perspective, the needed improvements to I-264 in Virginia Beach are projected
at $2.5 billion. Improvements to I-64 in Chesapeake are at $2 billion and improvements to
I-64 on the Peninsula are $2 billion or more. Although tolls can certainly be used for
funding for part of the program needs, there are serious downsides to depending
exclusively on tolling.
Although we are very grateful to the Governor and the General Assembly for the
approximately $3 billion in new roadway construction funding, $1.8 billion of those funds
are bonds that will be serviced by future federal transportation appropriations. The
diversion of funding to preserve the existing public investment can be halted by providing
an additional $500 million per year for partially meeting construction needs.
Request:
The General Assembly is requested to create a long-term sustainable source of additional
revenue for transportation of at least $500 million per year. This should be indexed for
inflation and could use innovative forms of raising revenue. This could include tolls,
vehicle miles traveled fees, gas taxes, etc.
17
Furthermore, the General Assembly is requested to create additional language that would
assure the public that any additional funds raised for transportation system maintenance
or new construction actual are applied for those purposes. The City supports the condition
that a "lockbox" be established to separate any new revenue from the general fund. This
language is similar to § 58.1-662 dealing with communications sales and use tax revenue
which would address this concern.
See Appendix Item 11 (.page 35) for text of the requested legislative change.
18
12. DISCLOSURE LIMITATION FOR UNPAID INVOICES
Patricia Phillips
Department of Finance
Background Information:
The purpose of the Virginia Freedom of Information Act ("FOIA") is to provide citizen
access to public records and meetings. "All public records and meetings shall be presumed
open, unless an exemption is properly invoked."2 In addition to the mandates of FOIA, the
Virginia Public Procurement Act ("VPPA") provides, subject to certain exceptions, "all
proceedings, records, contracts and other public records related to procurement
transactions shall be open to the inspection of any citizen, or any interested person, firm or
corporation ...
"3
In tension with the disclosure requirements of FOIA and the VPPA is the prohibition on the
release of specific records by Virginia Code § 58.1-3131. This statute requires the City
Treasurer to maintain a record of warrants drawn upon him by the City.4 The "warrant"
described by this statute is a City -issued check. With regard to the release of information
contained on the list of warrants, § 58.1-3131 provides:
No information contained in the list of warrants shall be released for any purpose
except (i) that the local governing body may publish aggregated information
relating to warrants paid, as classified by expenditure item, recipient, date, or
disbursement, or (ii) as a means of establishing the status of a claim previously
reported as having been paid when a person legally entitled to the funds presents
evidence that a previously submitted claim has not been paid. In no case, however,
shall the governing body of any county, city, or town publish any information that is
prohibited from release under federal or state law, including but not limited to
confidential records held pursuant to § 58.1-3.
The staff of the Finance Department receives requests for this information from outside
entities in order that the outside entities can directly contact the City's vendors for the
purpose of gaining "finder's fees" by informing the vendor of available cash. The Finance
Department currently contacts all vendors of uncashed checks and will either reissue a
2 Va. Code § 2.2-3700(B).
3 Va. Code § 2.2-4342(A).
4 A municipal warrant is "an order to draw money from the municipality's treasury for the payment of the
municipality's expenses or debts." BLACK'S LAW DICTIONARY 1617 (8th ed. 2004).
19
check or escheat the check to the State. It is unfair that taxpayer resources should be used
to develop programs and provide information for the benefit of outside entities.
Request:
The City requests the General Assembly amend Virginia Code § 58.1-3131 to specifically
provide that "unpaid invoices" are included in the list of warrants. For purposes of this
request, "unpaid invoices" means invoices that have been presented to a locality for
payment and the payment has not been effective either because of a failure of electronic
payment or a check was mailed but not cashed. Once paid, the invoices would be subject to
the various requirements of FOIA and the VPPA.
See Appendix Item 12 (page 36) for text of the requested legislative change.
20
13. WIRELESS E-911 FUND DISTRIBUTION FORMULA CHANGES
Athena Plummer
Department of Emergency Communications & Citizen Services
Background Information:
The average annual revenue received by the Commonwealth from the wireless E-911
surcharge is $54,000,000. Approximately $25-28,000,000 is distributed to Public Safety
Answering Points (PSAPs) and carriers under a 60/30/10 formula. From fiscal year 2008
through fiscal year 2011, Virginia Beach has received an average of $1,837,025 as their
share of the wireless surcharge. This offsets the Virginia Beach general fund for E-911
personnel and operations.
On September 8, 2011, the Wireless E-911 board (15 members) voted to change the
distribution formula effective fiscal year 2013. As a result of this change, Virginia Beach
will receive 27% less of the wireless surcharge over a 3 year period (70% of the 911 calls
received are wireless) resulting in a loss of over $1,000,000. The Hampton Roads region
will receive 30% less of the wireless surcharge overall. If the distribution formula remains
as recently approved, there will be a negative impact on our ability to hire and retain
qualified VB911 employees, and will lessen our opportunities to maintain, repair and
upgrade the equipment and applications required for public safety emergency
communications and Next Generation 911.
Request:
The General Assembly is requested to change or modify § 56-484.17(C) to read that the
funding distribution can only be changed by legislative approval, and not by a vote of the E-
911 board. This will allow distribution of the wireless surcharge based on the geographic
locations from which the fees are collected and the wireless emergency calls are received.
See Appendix Item 13 (nage 38) for a chart that displays the Proposed Public Safety
Answering Point (PSAP) Funding Formula Impact Analysis.
21
14. LINE OF DUTY: DEATH, HEALTH, AND DISABILITY BENEFITS
Patricia Phillips
Department of Finance
Background Information:
The Line of Duty Act (LODA) provides benefits to state employees and local sworn
government employees, including volunteers. The 2010 Appropriations Act required
localities to provide the benefit which was previously funded by the State. The LODA Fund
is administered by the Virginia Retirement System (VRS) and provides a funding
mechanism for payment of LODA benefits. The state and localities participate automatically
in the LODA Fund. However, localities may opt out of participation in the LODA Fund by
June 30, 2012.
If the City of Virginia Beach does not opt out, it will cost the City $620,502 in FY -13. If the
City opts out, then the costs are fully payable by the City, which would be close to
$1,000,000. Before the 2010 Appropriation Act was passed, the City did not pay for any of
these costs.
Request:
The 2010 Appropriations Act is essentially an unfunded mandate. We request the General
Assembly to pass legislation that would reinstate full funding for LODA benefits at the state
level.
22
15. TAXATION OF INTERNET SALES
Catheryn Whitesell
Department of Management Services
Background Information:
The state of Virginia has one of the lowest sales tax rates - at 5% - in the country. All sales,
whether in bricks and mortar stores or items purchased over the internet, are subject to
this 5% tax. The specific term is "sales tax" when an item is purchased from a bricks and
mortar store and "use tax" when an item is purchased over the internet. Virginia income
tax forms require that individuals who purchase items over the internet reimburse the
state for sales tax that they do not pay on those items. In 1992, the U.S. Supreme Court
ruled that retailers are exempt from collecting sales tax in states where they have no
physical presence, such as a store, office, or warehouse. Virginia has not adopted an
amendment to the Code of Virginia requiring such tax collection even when there is a
"nexus" or physical presence in the state.
Most of the large chains of bricks and mortar stores have publicly come out in support of
the states collecting sales and use tax on internet purchases. This is because the internet
companies operate at a 4% to 9% greater price advantage over local stores based on the
sales tax in different states. The lack of taxing internet sales also undermine state and local
governments by reducing tax revenues for general fund activities such as schools, police,
and other services. This is a growing trend because of the explosion of business being
conducted over the internet.
A number of states have amended their state code to extend the definition of nexus to cover
some web only retailers such as Amazon.com. One school of thought is that because of the
large amount of internet servers in Northern Virginia, through which much of the internet
traffic for the country is handled, then that constitutes a nexus. Also, recently, California
adopted a change to its laws allowing internet sales to be taxed. Amazon.com was pursuing
an initiative to overrule that California law, but has recently settled with the state of
California and has agreed to pay sales tax in California, which amounts to approximately
12% of their total market base starting in 2012.
Although the exact amount of sales tax to be collected is unknown, it is expected to be $200
to $300 million per year by the Government Financial Officers Association (GFOA), for the
general fund of the Commonwealth. The General Assembly could also dedicate this new
revenue to transportation.
23
Request:
The General Assembly is requested to amend the Code of Virginia to allow sales tax to be
required to be paid by internet retailers. As mentioned above, this is not a new tax, but is
purely a better way of collecting the use tax that is not self reported by Virginia tax payers
as they are legally bound to do. This will level the playing field between bricks and mortar
businesses, many of which are local small businesses, and the internet businesses. It will
also provide much needed revenue to the Commonwealth.
24
16. JOB-RELATED INJURY: CONTINUATION OF LAW ENFOREMENT OFFICER (LEO)
BENEFITS
Patricia Phillips
Department of Finance
Background Information:
Public safety employees lose the ability to retain the LEO supplement if they are disabled
due to a job-related injury and have less than 20 years of service and move to a non -sworn,
non LEO position. Public safety employees are some of the most frequently injured, often
seriously and incur injuries that may limit their ability to continue working in a sworn
position. Despite these injuries, these employees often are able to have significant
productive work capacity and a potential to work in non -sworn positions.
Presently employees are entitled to disability retirement when an injury renders them
unable to perform the essential functions of their specific job. In some cases; however, the
employee is capable of performing other work and the locality may have alternate
positions available for the employee within the parameters of the employee's medical
restrictions. However, if an employee cannot medically continue to perform in a LEO
covered position accepted an alternate position, he/she would lose the LEO supplement
which can be a determining factor in whether the employee accepts an alternate non -
sworn position.
Providing an extension of LEO benefits if an employee accepts an alternate non -LEO
position within the organization with comparable pay would provide an incentive for
employees to remain employed with the local government, and would potentially reduce
disability retirements thereby decreasing the expense for the VRS system and the
employer. Likewise, it would provide continuous employment and benefits for the
employee.
Request:
The General Assembly is requested to amend Virginia Code § 51.1-138 Benefits as follows:
In the case of employees who are hired to positions covered under Virginia Code §
51.1-138 and which are considered LEO covered positions as defined by VRS: if the local
government chooses to find an alternate position within its organization or affiliated
organization and one is available within the employee's medical restrictions, that would
not result in a diminution of salary or benefits, then any person disabled in any covered
25
public safety position who (1) completed five (5) years in the LEO covered position and (2)
who takes municipal employment in a non -LEO covered, non -sworn position with the same
local government shall retain the rights to the annual allowance in Virginia Code 51.1-206,
if the employer elected to provide said benefits, when they qualify for a service retirement.
In addition, if said member retires with a service retirement at 25 years or more the service
retirements will be unreduced.
26
17. HAMPTON ROADS PARTNERSHIP PRIORITY ITEMS
City Council
City of Virginia Beach
The Council of the City of Virginia Beach supports and endorses the Hampton Roads
Partnership's Priority's Items as follows:
• Capitalizing the Intercity Passenger Rail Operating and Capital Fund
o The request is that a revenue stream be utilized to allow Virginia to meet its
requirements as of October 2013 to fund 100% of the operating cost and
25% of the capital equipment costs for existing Amtrak service of 750 miles
or less, and all new high-speed rail service.
• Creating the Virginia Federal Facilities and Defense Industry Caucus
o This would be a caucus of General Assembly members who have military and
defense industries, whether private or public, within their jurisdictions. The
objectives would be:
■ To build a venue for members to discuss issues that impact the
legislative districts in hosting federal installations.
■ To improve awareness regarding these issues and to strategize
appropriate measures for addressing issues that may impact the
Commonwealth's federal and defense industry.
■ To build coalition support to increase efforts for the United States
defense industry.
■ To promote the creation of sufficient and necessary funding of
activities to protect and expand Virginia's national defense
capabilities.
27
18. MORATORIUM ON URANIUM MINING
Thomas M. Leahy, III
Department of Public Utilities
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of
mineable ore has been found in Pittsylvania County. This deposit is upstream, through a
series of tributaries, from the source of the Lake Gaston water supply. City Council has
previously gone on record as being opposed to the lifting of the moratorium on uranium
mining until it can be shown to be no threat to the City's water resource. The developer of
the proposed uranium mine has commissioned, through the state, a study by the National
Academy of Sciences. The results of that study examining the risks that uranium mining
might have as well as the benefits to the Commonwealth are now not expected to be
released until late November. The City has funded a study of the risks and is in the process
of completing a supplemental study based on the initial study results. That study will not
be finished until mid-December. The City believes it is unwise to pursue even the
regulation promulgation for uranium mining until the previously mentioned studies, and
other related studies, have been reviewed by all those who might be impacted by uranium
mining.
Request:
The General Assembly of Virginia is requested to maintain the moratorium on uranium
mining, or the consideration of such, until at least the 2013 General Assembly session.
Furthermore, the General Assembly is requested to not have the regulation promulgation
process for uranium mining started until 2013, at the earliest. The Council believes it is not
appropriate to have the regulation process begun by the Department of Mines, Minerals
and Energy (DMME) until the studies that are yet to be completed have been reviewed by
all localities and others that may be impacted by uranium mining.
28
19. AUDIT RECORDS OF ONGOING INVESTIGATIONS AND CONFIDENTIAL SOURCES
Lyndon S. Remias
CityAuditor
Background Information:
The Freedom of Information Act requires the release of public records, except those
records that the General Assembly has excluded from the Act's mandatory disclosure
provisions. One such exclusion applies to investigative notes, correspondence and
information furnished in confidence with respect to audit investigations by state or local
auditors. The exclusion requires that pertinent information about completed
investigations be released "in a form that does not reveal the identity of the complainants
or persons supplying information to investigators." Accordingly, when the City receives a
request for documents pursuant to the Freedom of Information Act, the City is authorized
to withhold certain documents about ongoing investigations, and the City can protect the
identity of confidential informants (even if the investigation has been completed).
The Freedom of Information Act, however, is not the only state law that provides public
access to records. The Government Data Collection and Dissemination Practices Act
generally entitles a person to see almost any records or information about himself. The
purpose of the Act is to allow citizens to see information that the government has about
them and to enable them to compel the government to correct erroneous information
about an individual. The wording of the Government Data Act is so broad, however, that an
employee who is the subject of an ongoing fraud, waste and abuse audit investigation into
the employee's alleged misconduct can use the Act to demand copies of any and all
documents regarding the ongoing investigation—even information about other citizens or
employees who have confidentially provided auditors with information in the course of the
investigation.
The Government Data Act contains an exclusion for records of the State Internal Auditor or
internal audit departments of state agencies or institutions that deal with communications
and investigations relating to the State Employee Fraud, Waste and Abuse Hotline, but,
unlike the Freedom of Information Act, the Government Data Act contains no similar
exclusion for records of local auditors.
29
Request:
The City requests that the General Assembly amend section § 2.2-3802(12) of the Code of
Virginia to include an exclusion for both state and local auditor records that concern fraud,
waste and abuse investigations.
See Appendix Item 19 (a e 7) for text of the requested legislative change.
30
1. CONTINUED FUNDING FOR BRAC EFFORT
James K. Spore
City Manager
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have
been partnering to address the concerns that were raised by the Base Realignment and
Closure (BRAC) Commission in 2005. This partnership has involved the cost sharing of $15
million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air
Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the
Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5
million per year to comply with the BRAC Order, with the expectation that the
Commonwealth will provide matching funds for expenses associated with the acquisition of
land in the APZ-1 and Clear Zone areas around Oceana and in the ITA.
The City will keep its commitment to the military by to continuing its policy of spending
$7.5 million each year to protect NAS Oceana and requests that the General Assembly
provide a matching amount for FY 2011-13.
Request:
Request that the General Assembly provide $7.5 million in annual funding through the
Military Strategic Response Fund in FY 2012-13 to the City of Virginia Beach to meet the
requirements of the BRAC Compliance Plan. Providing these funds will reinforce our joint
commitment and reinforce our message to the U.S. Navy that the Commonwealth and City
of Virginia Beach are dedicated to preserving Naval Air Station Oceana.
This positive message and the results we have achieved through the Commonwealth/City
partnership will benefit not only the preservation of NAS Oceana but send a clear signal to
the military about Virginia's support of all bases throughout the state.
31
APPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO
REQUESTED CODE CHANGE
32
LEGISLATIVE ITEM 4
AUTHORITY GRANTING THE CITY OF VIRGINIA BEACH CONCURRENT
JURISDICTION WITH THE COMMONWEALTH IN IDENTIFIED WATERS OFF THE
CITY SHORES
Chief James A. Cervera
Department of Police
§ 29.1-747 Concurrent jurisdiction; limitations.
For the purpose of local public safety regulation authority and enforcement, the territorial
limits of the City of Virginia Beach shall extend from its coastal shore lines, the coastal
shore lines of Camp Pendleton, the coastal shorelines of First Landing State Park and the
coastal shorelines of False Cape State Park in a perpendicular direction for 3 miles into the
Atlantic Ocean and Chesapeake Bay waters. This territorial jurisdiction shall be concurrent
with the jurisdiction of the Commonwealth. No ordinance enacted under this authority
shall conflict with the laws or regulations promulgated by the Commonwealth or any of its
agencies.
33
LEGISLATIVE ITEM 9
ILLEGAL USE OF LASER POINTERS OR LIGHTS
James K. Spore
City Manager
At the request of Naval Air Station Oceana
§ 18.2-57.01 Pointing laser at law-enforcement officer unlawful; pointing laser at aircraft:
penalty.
A. If any person, knowing or having reason to know another person is a law-
enforcement officer as defined in § 18.2-57 a probation or parole officer appointed
pursuant to § 53.1-143 a correctional officer as defined in § 53.1-1, or a person
employed by the Department of Corrections directly involved in the care, treatment
or supervision of inmates in the custody of the Department engaged in the
performance of his public duties as such, intentionally projects at such other person
a beam or a point of light from a laser, a laser gun sight, or any device that simulates
a laser, shall be guilty of a Class 2 misdemeanor.
B. If any person intentionally projects a beam or point of light from a laser, a laser gun
sight, or any device that simulates a laser at an aircraft or any device that results in
the illumination of the aircraft, whether in motion or in flight, shall be guilty of a
Class 1 misdemeanor. As used in this section. "aircraft' means any contrivance
intended for and capable of transporting persons through the airspace. This section
does not apply to operations or conduct authorized by the United States Armed
Forces. the Federal Aviation Administration or other governmental agencies.
34
LEGISLATIVE ITEM 11
SUSTAINABLE TRANSPORTATION FUNDING
James K. Spore
City Manager
Example language for lockbox legislation related to sustainable transportation
funding.
§ 58.1-662. Disposition of communications sales and use tax revenue; Communications
Sales and Use Tax Trust Fund; localities' share.
There is hereby created in the Department of the Treasury a special nonreverting fund
which shall be known as the Communications Sales and Use Tax Trust Fund (the Fund).
The Fund shall be established on the books of the Comptroller and any funds remaining in
the Fund at the end of a biennium shall not revert to the general fund but shall remain in
the Fund. Interest earned on the funds shall be credited to the Fund.
35
LEGISLATIVE ITEM 12
DISCLOSURE LIMITATION FOR UNPAID INVOICES
Patricia Phillips
Department of Finance
§ 58.1-3131. Warrant book; release of information.
The treasurer shall provide and keep a well -bound book, in which he shall make an entry of
all warrants legally drawn upon him by the governing body and presented for payment,
stating correctly the amount, number, in whose favor drawn and the date such warrant was
issued. All such warrants shall be paid, in the order presented, out of the fund drawn upon.
No information contained in the list of warrants including invoices that have been
presented to a locality for payment the locality has attempted to pay, and the payment has
not been effective because of failure of electronic payment or a check was mailed and but
not cashed, shall be released for any purpose except (i) that the local governing body may
publish aggregated information relating to warrants paid, as classified by expenditure item,
recipient, date, or disbursement, or (ii) as a means of establishing the status of a claim
previously reported as having been paid when a person legally entitled to the funds
presents evidence that a previously submitted claim has not been paid. In no case,
however, shall the governing body of any county, city, or town publish any information that
is prohibited from release under federal or state law, including but not limited to
confidential records held pursuant to § 58.1-3.
36
LEGISLATIVE ITEM 19
AUDIT RECORDS OF ONGOING INVESTIGATIONS AND CONFIDENTIAL SOURCES
Lyndon S. Remias
City Auditor
§ 2.2-3802. Systems to which chapter inapplicable.
The provisions of this chapter shall not apply to personal information systems:
12. Maintained by the Department of the State Internal Auditor or internal audit
departments of state agencies or institutions or auditors appointed by the local governing
body of any county, city or town or a school board that deal with communications and
investigations relating to the State Employee Fraud, Waste and Abuse Hotline or local
investigations required by subsection B of § 15.2-2511.2: and
37
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Proposed PSAP Funding Formula Impact Analysis
Definitions
Columns
Heading
Definition
911 Calls
This is the number of total 9-1-1 calls reported by the PSAP.
Wireless 911 Calls
This is the number of wireless 9-1-1 calls reported by the PSAP.
This is the total personnel cost for all call takers and dispatchers and one director or
Personnel Cost
manager of the Center reported by the PSAP.
This is the basis for the proposed formula. This column divides the number of wireless
(Wireless / 911) ' Personnel
9-1-1 calls by the total 9-1-1 calls and multiples the resultant by the total personnel cost
for the PSAP.
This is the impact the proposed formula distribution would have had on the actual
FY2011 disbursements. It is calculated by dividing the resultant of (Wireless / 911)
Proposed Formula Percentage
Personnel by the statewide total for that column. FY2010 true -up data is used in this
calculation.
This is the current formula distribution used from October 2010 to present. FY2010
FY2011 Percentage
true -up data is used for this calculation.
This is the formula distribution used from October 2009 to September 2010. FY2009
FY2010 Percentage
true -up data is used for this calculation.
This is the average of the proposed formula, FY2011 percentage and FY2010
3 Year Average Percentage
percentage.
Because Vinton received funding in FY2010 and will not going forward, this is an
Adjusted 3 yr Average
adjustment to ensure that 100% of the funds are disbursed.
Actual FY2011 Disbursement
This is the actual disbursement that was made during FY2011.
This is what the disbursement would have been in FY2011 using the adjusted three
Disbursement Using Adjusted 3 -yr
year average and the $40,000 minimum funding.
This is what the disbursement would have been in FY2011 using the proposed formula
Disbursement Using Proposed Formula
percentage and the $40,000 minimum funding.
This is the percent of change from the actual FY2011 disbursement and the
• Change from Actual to 3 -yr Average
disbursement using the three year average percentage.
This is the percent of change from the actual FY2011 disbursement and the
• Change from Actual to Proposed Formula
disbursement using the proposed formula percentage.
Colors
Color
Meaning
Cells related to the proposed formula based on FY2010 True -up Data.
Cells related to the FY2011 Percentage Distribution based on FY2010 True -up Data
used October 2010 to present).
Cells related to the FY2010 Percentage Distribution based on FY2009 True -up Data
used October 2009 to September 2010).
Cells related to the three year average of the proposed formula, FY2011 and FY2010.
Cells related to the percent change from the actual FY2011 disbursement to the
projected disbursement using the three year average.
Cells related to the percent change from the actual FY2011 disbursement to the
projected disbursement using only the proposed formula.
41
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Renaming the Seatack Community Recreation Center as
"The Joseph V. Grimstead, Sr. Seatack Community Recreation Center"
MEETING DATE: November 1, 2011
■ Background: Two hundred years ago, the Seatack community was established
near the Oceanfront in what would later become the City of Virginia Beach. This
historically African-American community played a vital role in our City's history. Around
1948, African-American community members established the Seatack Volunteer Fire
Department, which was the only all -black fire department in the nation at the time of its
formation. The Seatack Volunteer Fire Department was located at 141 South Birdneck
Road which, since the turn of the century, had been the site of a three-room
schoolhouse for African-American students grades 1 through 7, established by Seatack
community member Sarah Parsons Daughtry. In the 1950s, the school's trustees
deeded the property to the Seatack Volunteer Fire Department, and the schoolhouse
was converted to a community center a decade later.
Joseph V. Grimstead, Sr. is one of the only surviving founding members of the
Seatack Volunteer Fire Department. Mr. Grimstead also served as a founding director
of Seatack Community Property, Inc., which held the deed to the land at 141 South
Birdneck Road. In 1985, Mr. Grimstead, who was then the President of Seatack
Community Property, Inc., signed a deed dedicating the property to the City of Virginia
Beach for the construction of a facility to be named "Seatack Community Center." In
1988, the City completed construction of a new center, and in 1997, the City finished
construction of an expanded recreation center with greater amenities.
Considerations: But for the efforts of Mr. Grimstead, the current -day Seatack
Community Recreation Center might never have been built. In recognition of Mr.
Grimstead's pivotal role both in the establishment of the Seatack Community Recreation
Center and in our City's history, in this, the two hundredth year of the historic Seatack
community, this resolution will rename the Seatack Community Recreation Center,
located at 141 South Birdneck Road as the Joseph V. Grimstead, Sr. Seatack
Community Recreation Center.
■ Public Information: This item will be advertised in the same manner as other
agenda items.
■ Attachments: Resolution
Requested by Councilmembers Sherrod and Uhrin
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REQUESTED BY COUNCILMEMBERS SHERROD AND UHRIN
A RESOLUTION RENAMING THE SEATACK
COMMUNITY RECREATION CENTER AS "THE
JOSEPH V. GRIMSTEAD, SR. SEATACK
COMMUNITY RECREATION CENTER"
WHEREAS, two hundred years ago, the Seatack community was established
near the Oceanfront in what would later become the City of Virginia Beach;
WHEREAS, this historically African-American community played a vital role in
our City's history;
WHEREAS, around 1948, African-American community members established
the Seatack Volunteer Fire Department, which was the only all -black fire department in
the nation at the time of its formation;
WHEREAS, the Seatack Volunteer Fire Department was located at 141 South
Birdneck Road which, since the turn of the century, had been the site of a three-room
schoolhouse for African-American students grades 1 through 7, established by Seatack
community member Sarah Parsons Daughtry;
WHEREAS, in the 1950s, the school's trustees deeded the property to the
Seatack Volunteer Fire Department, and the schoolhouse was converted to a
community center a decade later;
WHEREAS, Joseph V. Grimstead, Sr. is one of the only surviving founding
members of the Seatack Volunteer Fire Department;
WHERAS, Mr. Grimstead also served as a founding director of Seatack
Community Property, Inc., which held the deed to the land at 141 South Birdneck Road;
WHEREAS, in 1985, Mr. Grimstead, who was then the President of Seatack
Community Property, Inc., signed a deed dedicating the property to the City of Virginia
Beach for the construction of a facility to be named "Seatack Community Center;"
WHEREAS, in 1988, the City completed construction of a new center, and in
1997, the City finished construction of an expanded recreation center with greater
amenities;
WHEREAS, but for the efforts of Mr. Grimstead, the current -day Seatack
Community Recreation Center might never have been built;
WHEREAS, in recognition of Mr. Grimstead's pivotal role both in the
establishment of the Seatack Community Recreation Center and in our City's history, in
this, the two hundredth year of the historic Seatack community,
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NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Seatack Community Recreation Center, located at 141 South Birdneck
Road, is hereby renamed as the Joseph V. Grimstead, Sr. Seatack Community
Recreation Center.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12051
R-2
October 17, 2011
CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: A Resolution to Support an Application to the Commonwealth Transportation
Board for a Transportation Enhancement Grant to Construct Phase 1A of the
Thalia Creek Greenway
MEETING DATE: November 1, 2011
■ Background: The Thalia Creek Greenway project consists of a 1.5 mile trail
along Thalia Creek in the vicinity of Town Center. A master plan for the Thalia Creek
Greenway was presented to City Council in September 2007. The Department of Parks
and Recreation desires to submit an application for grant funding for Phase 1A of the
Greenway.
■ Considerations: The Transportation Enhancement Grant Program requires that
a resolution be approved by City Council in support of the application. Based on the
Master Plan that was completed in April 2007, the Department of Parks and Recreation
developed a phased plan for the construction of the Greenway. The phased plan is
provided as an attachment. The Department of Parks and Recreation is requesting
funding for Phase 1A of the greenway under the Transportation Enhancement Grant
Program in the amount of $770,000. City matching funds of $200,000 will be required if
the grant is awarded. The source for the matching funds has been identified in CIP 4-
074 "City Bikeways and Trails Plan Implementation — Phase 1."
The total cost for design and construction of Phase 1A of the Thalia Creek Greenway is
estimated to be $970,000. If the grant funding for the project is approved with the
current application, it is the intent of the Department of Parks and Recreation to apply
for additional funding under the Transportation Enhancement Grant Program in
subsequent years to cover future project phases.
A portion of the greenway has been built adjacent to the CityView One apartment
complex. Other portions adjacent to that property are planned as parts of other private
development projects. With those, Phase 1A will complete the section from
Independence Boulevard to Constitution Drive.
■ Public Information: The Department of Parks and Recreation held several
public information meetings during the development of the master plan for the Thalia
Creek Greenway. The master plan was completed and published in April 2007. City
Council was briefed on the master plan in September 2007. In early October 2008, the
project grant application was endorsed by the Hampton Roads Metropolitan Planning
Organization. In furtherance of soliciting public input, a public hearing will be advertised
in the Beacon for this item, and the hearing will be held on November 1, 2011.
Additionally, this item will be advertised as part of the normal Council Agenda process.
■ Recommendations: Approval of the attached resolution.
■ Attachments: Project Map; Resolution
Recommended Action: Approval
Submitting Department/Agency: Parks and Recreation'
City Manage .
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A RESOLUTION TO SUPPORT AN APPLICATION TO THE
COMMONWEALTH TRANSPORTATION BOARD FOR A
TRANSPORTATION ENHANCEMENT GRANT TC.
CONSTRUCT PHASE 1A OF THE THALIA CREEP.
GREENWAY
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that the Virginia Beach City Council,
by resolution, support any project submitted for consideration to receive Transportation
Enhancement Grant Funding; and
WHEREAS, the Transportation Enhancement Fund provides funding for up to
80% of the cost of approved projects, with the City providing the remaining 20%; and
WHEREAS, a source of the City's 20% share has been identified in CIP #, 4-074
"City Bikeways and Trails Plan Implementation — Phase 1;"
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council endorses the application to the Commonwealth
Transportation Board for a Transportation Enhancement Grant to construct Phase 1A of
Thalia Creek Greenway Project (the "Project").
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That, if provided grant funding for the Project, the City of Virginia Beach agrees
to provide the required twenty percent of the total cost of planning and design, right of
way, construction of this project, and if the City of Virginia Beach subsequently elects to
cancel this project, the City of Virginia Beach will reimburse the Virginia Department of
Transportation (VDOT) for the total amount of costs expended by VDOT through the
date that VDOT is notified of such cancellation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2011.
APPROVED AS TO CONTENT:
T
IA,arks and ^ eation
C.A12057
R-2
October 13, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
F
City ey's Office
3 n iO N
� m �
o n o
o
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Civil Penalty Funds to the Operating Budget of the
Department of Planning and Community Development for Restoration and
Damage Abatement Activities
MEETING DATE: November 1, 2011
■ Background: The City of Virginia Beach currently collects revenue from civil
penalties in accordance with the City's Wetlands Ordinance, the Coastal Primary Sand
Dune Ordinance, and the Chesapeake Bay Preservation Area Ordinance. These
revenues are used to restore or abate environmental damage to wetlands, beaches,
dunes and Chesapeake Bay Preservation Areas within the City. Funds collected from
these civil penalties have been used to undertake a wide range of restoration activities
in the City.
■ Considerations: Since FY 2009-10, a combination of realized revenue from
civil penalties and unused appropriations designated for wetlands, beaches, dunes, and
Chesapeake Bay Preservation Area activities has resulted in a total of $39,658 falling to
the fund balance of the General Fund. In addition, the City has collected $10,600 in civil
penalties in FY 2011-12. Funds from civil penalties can only be used for restoration and
damage abatement associated with wetlands, beaches, dunes, and Chesapeake Bay
Preservation Areas.
Future projects that are anticipated to be funded from civil penalties are:
• A beach and dunes restoration study for the City's Atlantic Ocean and Chesapeake
Bay shorelines, with assistance from the Virginia Institute of Marine Science, with
recommendations implemented in harmony with the City's beach nourishment
activities; and
A series of wetlands restoration studies for each of the City's watersheds containing
tidal wetlands, with assistance from the Virginia Institute of Marine Science, with
recommendations implemented in harmony with the City's tidal wetlands mitigation
requirements
■ Public Information: Public information will be provided through the normal City
Council agenda process.
■ Recommendations: Approval of the attached budget amendment.
■ Attachments: Ordinance
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Department of Planning and Community Development
City Manager• S L
1 AN ORDINANCE TO APPROPRIATE CIVIL PENALTY
2 FUNDS TO THE OPERATING BUDGET OF THE
3 DEPARTMENT OF PLANNING AND COMMUNITY
4 DEVELOPMENT FOR RESTORATION AND DAMAGE
5 ABATEMENT ACTIVITIES
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7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
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10 1. That $39,658 is hereby appropriated from the fund balance of the General Fund to
11 the FY 2011-12 Operating Budget of Planning and Community Development for
12 restoration and damage abatement of wetlands, beaches, dunes, and Chesapeake
13 Bay Preservation Areas within the City; and
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15 2. That $10,600 is hereby appropriated from estimated revenue to the FY 2011-12
16 Operating Budget of the Department of Planning and Community Development for
17 restoration and damage abatement of wetlands, beaches, dunes, and Chesapeake
18 Bay Preservation Areas within the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2011.
Requires an affirmative vote by a majority of all of the elected members of City Council.
APPROVED AS TO CONTENT
Management Services
CA12059
R-1
October 19, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
I . I -
r s ffice
'x.Lim
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds from the School Board's FY 2011-12 Operating
Fund to the School Technology Fund for Computers and Technology Supplies
MEETING DATE: November 1. 2011
■ Background: At its October 18th meeting, the School Board adopted a
resolution requesting that City Council adopt an ordinance transferring appropriations
between the School's Operating Fund and the Technology Fund. The School Operating
Fund (Fund 115) contains four major classifications: Administration, Attendance, and
Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School
Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it
currently is a separate fund in the Budget. Because the requested transfers are between
the major classifications, City Council approval is required.
■ Considerations: The School Board's resolution requests a transfer of $943,360
from the Instruction Category of the Operating Fund to the Technology Fund, a transfer
of $412,279 from the Administration Category of the Operating Fund to the Technology
Fund, and $30,000 from the Operations and Maintenance Category of the Operating
Fund to the Technology Fund.
The School's total budget remains balanced, and this transfer will not change total
appropriations to the School Board for FY 2011-12. The School Board intends to use
the funds for technology related purchases including contracted services, license
renewals, software support and maintenance, computers, monitors, printers, and other
technology related items.
■ Public Information: Information will be disseminated to the public through the
normal Council agenda process.
■ Attachments: School Board Resolution, Ordinance
Recommended Action:
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager: S �-' -)3w"L
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AN ORDINANCE TO TRANSFER FUNDS FROM
THE SCHOOL BOARD'S FY 2011-12
OPERATING FUND TO THE SCHOOL
TECHNOLOGY FUND FOR COMPUTERS AND
TECHNOLOGY SUPPLIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $1,385,639 is hereby transferred within the FY 2011-12 School Budget in
the amounts set forth below:
(1) $943,360 from the Instruction Classification of the Operating Fund to the
Technology Fund;
(2) $412,279 from the Administration, Attendance, and Health Classification of the
Operating Fund to the Technology Fund; and
(3) $30,000 from the Operations and Maintenance Classification of the Operating
Fund to the Technology Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2011.
APPROVED AS TO CONTENT
� 0.�
Management Services
CA12061
R-1
October 24, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
ity r ey's Office
VIRGINIA BEACH CITY PUBLIC SCHOOLS
A H E A D O F T H E C U R V E
SCHOOLBOARD
Daniel D. Edwards
Chairman
District 1 Centerville
1585 Lake James Drive
VA Beach, VA 23464
495-3551 (h) - 717-0259 (c)
William J. "Bill" Brunke, IV
Vice -Chairman
District 7 - Princess Anne
4099 Foxwood Drive, Suite 108
Virginia Beach, VA 23462
222-0134 (w) - 286-2772 (c)
Todd C. Davidson
At -Large
1861 Mayberry Ddvo
VA Beach, VA 23456
427-3330 (w) - 285-9409 (c)
Emma L "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drivo
VA Beach, VA 23452
340 8911 (h)
Dorothy M. "Dottie" Holtz
At -Large
1304 Downs lane
VA Beach, VA 23455
46C -2440(h)
Brent N. Mckenzie
District 3 - Rose Bali
1400 Brookwood Place
VA Beach, VA 23453
816-2736 (c)
Ashley K. McLeod
At I arge
55(;8 Del Park Avenue
VA Beach, VA 23455
5520348 (h)
Sanwel G. "Sam" Reid
District 6 - Beach
1533 VA Beach Blvd.
VA Boach, VA 23454
284-1067 (c)
Patrick S. Salyer
At -Large
4849 Haymarket Drive
VA Beach, VA 23462
6202141 (c)
Sandra Smith -Jones
District 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
4908167 (h)
Carolyn D. Weems
District 4 - Bayside
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
SUPERINTENDENT
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263 1 ON
RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND
TRANSFERS
WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year
appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and
WHEREAS, the Code of Virginia §22,1-115, as amended, requires that technology -related expenditures be
made in a separate Fund or Category; and
WHEREAS, the School Administration has determined that a number of schools and departments have
technology -related needs and requirements such as: technology contracted services, license renewals,
software support and maintenance, computers, monitors, printers, computer supplies, and various other
technology -related items that categorical/fund transfers are necessary to make these purchases; and
WHEREAS, the following budget transfers are recommended by the School Administration:
Total of $943,360 from Operating Fund 115 - Instruction to Technology Fund 106
Total of $412,279 from Operating Fund 115 - Administration to Technology Fund 106
Total of $30,000 from Operating Fund 115 - Operations and Maintenance to Technology Fund 106;
and
WHEREAS, these transfers are also necessary to appropriately expense and account for technology -
related expenses; and
WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure
of such funds by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the School Board approves and affirms the above listed recommended uses of these
funds; and
FURTHER RESOLVED: That the School Board requests that the City Council approve the budget
categorical/funds transfers shown above; and be it
FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this
School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the
Mayor, each member of the City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 18th day of October 2011
Attest:
Dianne P. Alexander, Clerk of the Board
Daniel D. Edwards, School Board Chairman
CERTIFIED TO BE A TRUE
AND CORRECT COPY
Glerk, School Board of the
City of \firr+inio Reach
School Administration Building - 2512 George Mason Drive - P.O. Box 6038 - Virginia Beach, VA 23456-0038
K. PLANNING
1. Application of OCEANFRONT INN c/o ANDREW VAKOS for a Conditional Use Permit re
commercial recreation (ice skating) at 2906 Atlantic Avenue (DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet
inthe Chamber at City Hall,
Municipal Center, 2401 Courthouse
Drive, Tuesday, November 1, 2011,
at 6:00 p.m. The following
applications will be heard:
BEACH DISTRICT
The Oceanfront Inn c/o Andrew
Vakos Application: Conditional Use
Permi for a commercial recreation
facility at 2906 Atlantic Avenue (GPIN
2428016618).
All interested citizens are invited to
attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances,
resokitions and amendments are on
file and may be examined in the
Department of Planning or online at
htro;//www.v1b9ov,con)/n For
information call 385-4621.
If you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
BEACON: Oct 16 & Oct 23, 2011
' 22698522
Nu �y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: THE OCEANFRONT INN C/O ANDREW VAKOS, Conditional Use Permit,
commercial recreation facility, 2906 Atlantic Avenue (GPIN 2428016618). BEACH
DISTRICT.
MEETING DATE: November 1, 2011
■ Background:
The applicant requests a Conditional Use Permit to allow development of the site
for an ice skating rink. The proposed use will be operated in conjunction with the
Holiday Lights tour on the Boardwalk. Customers may purchase tickets for the
light tour that include use of the rink, or may purchase tickets separately to use
the rink. The rink will be open seven days a week. Hours of operation will be 3:00
p.m. to 10:00 p.m. weekdays and Noon to Midnight on the weekends. The
operation has nine employees, a general manager, three shift managers, and
five skate guards. The off -ice areas around the rink contains the admissions
building, skate rental tent, and equipment buildings.
■ Considerations:
This type of resort recreational use is strongly encouraged in the resort area,
especially for the off-season. The ice skating rink will draw residents and visitors
to the area during the winter season when they are most needed. Even though
the use is seasonal and portable, design is important to ensure the level of
quality desired in the resort area.
The site layout must be reorganized to improve visibility and encourage
pedestrian access from the street. The rink should be located at one of the
corners of the property to improve the view of this activity from the street.
Viewing areas around the rink, including outdoor seating, should be accessible
for customers and those passing by.
There was no opposition to the request.
■ Recommendations:
Staff recommends approval of this request with the conditions listed. The
Planning Commission placed this item on the Consent Agenda, passing a motion
by a recorded vote of 10-0, to recommend approval of this request to the City
Council with the following conditions.
The Ocean Front Inn
Page 2 of 2
1. The layout of the site shall be redesigned so that the ice rink is adjacent to the
intersection of Pacific Avenue and 30th Street. The chiller area shall be
located on the south side of the rink.
2. Seating shall be provided for spectators.
3. The applicant shall obtain all necessary permits and inspections and a
certificate of occupancy from the Permits and Inspections division of the
Planning Department before use and occupancy of the site.
4. The applicant shall provide a letter that provides for use of restroom facilities
at the Ocean Front Inn.
5. The use is approved for November 15, 2011 through February 15, 2012.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommended approval. Planning Commission
recommended approval.
Submitting Department/Agency: Planning Department
City Manager: S I W1, t
BEACH
The ocean r i-ont inn
itl S P yX:
•,
3 l�
CUP- Commercial Recreation FaOlty
L.+u r.o�aw. o, rano ave�ry.
6
October 12, 2011 Public Hearing
APPLICANT:
THE OCEAN
FRONT INN
PROPERTY OWNER:
ATLANTIC
ENTERPRISES,
INC.
STAFF PLANNER: Faith Christie
REQUEST:
Conditional Use Permit (Commercial Recreational Facility — Ice Skating Rink)
ADDRESS / DESCRIPTION: 2906 Atlantic Ave.
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24280166180000 BEACH 36, 120 square feet 65-70 dB DNL and Sub
Area 1
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow development of the site for an ice skating rink.
The proposed use will be operated in conjunction with the Holiday Lights tour on the Boardwalk.
Customers may purchase tickets for the light tour that include use of the rink, or may purchase tickets
separately to use the rink. The rink will be open seven days a week. Hours of operation will be 3:00 p.m.
to 10:00 p.m. weekdays and Noon to Midnight on the weekends. The operation has nine employees, a
general manager, three shift managers, and five skate guards.
The rink consists of an ice mat system, dasher board system, sportice ice re -surfacer, and air cooled
chiller system. The ice mat system consists of looped piping grids connected to the air cooled chiller and
pumps. The dasher boards define the on ice rink area, and the sportice ice re -surfacer is used to groom
the ice rink. The off -ice areas around the rink contains the admissions building, skate rental tent, and
equipment buildings.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Commercial parking lot
THE OCEAN FRONT INN
Agenda Item 6
Page 1
SURROUNDING LAND North:
USE AND ZONING: South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• 30th Street
• Alley, Hotel/Motel and Retail / RT -2 Resort Tourist
• Atlantic Avenue
• Pacific Avenue
There are no significant natural resources or cultural features associated
with the site.
COMPREHENSIVE PLAN: The Urban Area - Resort Strategic Growth Area (SGA) is recognized as an area
where revitalization efforts have and continue to transform the Resort Area into a major activity center,
strengthen neighborhoods and increase economic growth. The subject site lies between the Atlantic and
Pacific Avenue corridors (Oceanfront Corridor) and just south of the Laskin Gateway District as identified in the
Resort Area Strategic Action Plan (RASAP). The RASAP encourages a continued focus on achieving a "Year -
Round Resort."
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this
site is currently available from Atlantic Avenue and 29th 1/2 Street east of Pacific Avenue. Atlantic Avenue is a
3 -lane roadway (2 -lane with an additional trolley lane) with a 60 -ft right of way. In addition, 29th %2 Street is a
narrow alley with a twenty -foot (20') wide right of way. No roadway CIP projects are currently scheduled for
either of these streets.
The proposed use for this site as an outdoor ice skating rink does not appear to add vehicular traffic beyond
what the site is currently zoned for, or beyond what the surrounding roadway network can adequately handle.
Therefore, Traffic Engineering has no traffic concerns at this time related to the proposed use.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Atlantic Avenue
No data ADT
9,900 ADT
Existing Land Use —0 ADT
Proposed Land Use 3— 32
Peak Hour ADT
Average Daily Trips
las defined by a commercial parking lot
Sas defined by an ice skating rink
EVALUATION AND RECOMMENDATION
This type of resort recreational use is strongly encouraged in the resort area, especially for the off-
season. The ice skating rink will draw residents and visitors to the area during the winter season when
they are most needed. Even though the use is seasonal and portable, design is important to ensure the
level of quality desired in the resort area. The skating rink will enliven the street and attract both skaters
THE OCEAN FRONT INN
Agenda Item 6
Page 2
and people who want to watch the skaters. The site layout must be reorganized to improve visibility and
encourage pedestrian access from the street. The rink should be located at one of the corners of the
property to improve the view of this activity from the street. Viewing areas around the rink, including
outdoor seating, should be accessible for customers and those passing by.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The layout of the site shall be redesigned so that the ice rink is adjacent to the intersection of Pacific
Avenue and 301h Street. The chiller area shall be located on the south side of the rink.
2. Seating shall be provided for spectators.
3. The applicant shall obtain all necessary permits and inspections and a certificate of occupancy from
the Permits and Inspections division of the Planning Department before use and occupancy of the site.
4. The applicant shall provide a letter that provides for use of restroom facilities at the Ocean Front Inn.
5. The use is approved for November 15, 2011 through February 15, 2012.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
THE OCEAN FRONT INN
Agenda Item 6
Page 3
AERIAL OF SITE LOCATION
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THE OCEAN FRONT INN
Agenda Item 6
Page 4
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n' a�luiel3d
f
PROPOSED SITE LAYOUT
th11A $}:
THE OCEAN FRONT INN
Agenda Item 6
Page 5
p DUR NPII.�(
Above: Newport News, VA
Left: West Virginia, VA
Below: Air Cooled Chiller System
EXAMPLES OF ICE RINK AND EQUIPMENT
THE OCEAN FRONT INN
Agenda Item 6
Page 6
OF OUR Na.O
EXAMPLES OF ICE RINK AND EQUIPMENT
THE OCEANFRONT INN :~
Agenda Item 6 \,
Page 7
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THE OCEANFRONT INN :~
Agenda Item 6 \,
Page 7
OUR
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
3/22/01
Conditional Use Permit (Commercial Parking Lot)
Approved
4/10/02
Conditional Use Permit (Commercial Parking Lot)
Approved
2/23/05
Street Closure
Approved (void)
2
8/5/03
Street Closure
Approved
3
4/9/96
Conditional Use Permit (Recreational Facility — Ice
Approved
Rink)
4
5/9/00
Conditional Use Permit (Drive-through — Financial
Approved
Institution)
5
8/10/00
Conditional Use Permit (Drive-through — Financial
Approved
Institution)
6
5/9/06
Conditional Rezoning (A-12 & A-36 Apartment and
Approved
RT -3 Resort Tourist to Conditional RT -3 Resort
Tourist with a LRG (Laskin Road Gateway overlay)
7
8/8/06
Subdivision Variance
Approved
8
5/13/97
Conditional Rezoning (A-12 Apartment to RT -3
Approved
Resort Tourist)
THE OCEAN FRONT INN
SAgenda Item 6
i Page 8
Is °`
I
-i
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list If necessary)
SPL 0, #,,/, d
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
ne- QcevtA n / r111
Z901 '41x"II
Check here if the applicant is NOT a corporation, partnership, fine, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only N property owner is different from applicant.
If the property owner is a corporation, partnership, fine, business, or other
unincorporated organization, complete the following:
1. list the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
See- ak 1. —/
2. List all businesses that have a parent -subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
$ See ne)d page for footnotes
Does an official or employee of�City of Virginia Beach have an interest in the
subject land? Yes " No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Um Pennft Appy
Page 6 of 10
ReAnd 7IWW?
DISCLOSURE STATEMENT
THE OCEAN FRONT INN
Agenda Item 6
Page 9
O
V
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all (mown contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
%irik 5?beiA&6iS
3037 Ammi RD
' 'Parent -subsidiary relationship' means's relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.* See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
"Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (d) a controlling owner in one entity Is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a dose working relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the Information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting ft required sign on the subject property at
bast 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Id -Q oS
AmAcwrs Signature v Print Neme
Print Name
CormMond use PermhApVficemn
Pape 10 of 10
Revised MIM07
DISCLOSURE STATEMENT
THE OCEAN FRONT INN
Agenda Item 6
Page 10
Item #6
The Oceanfront Inn c/o Andrew Vakos
Conditional Use Permit
Commercial Recreation Facility
2906 Atlantic Avenue
District 6
Beach
October 12, 2011
CONSENT
An application of The Oceanfront Inn for a Conditional Use Permit for a Commercial Recreation
Facility — Ice Skating Rink on property located at 2906 Atlantic Avenue, District 6, Beach.
GPIN: 2428-01-6618-0000.
CONDITIONS
1. The layout of the site shall be redesigned so that the ice rink is adjacent to the intersection of
Pacific Avenue and 30th Street. The chiller area shall be located on the south side of the rink.
2. Seating shall be provided for spectators.
3. The applicant shall obtain all necessary permits and inspections and a certificate of occupancy
from the Permits and Inspections division of the Planning Department before use and occupancy
of the site.
4. The applicant shall provide a letter that provides for use of restroom facilities at the Ocean Front
Inn.
5. The use is approved for November 15, 2011 through February 15, 2012.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning/
Development Services Center and Department of Planning /Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
Item #6
The Oceanfront Inn c/o Andrew Vakos
Page 2
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RI PLEY
AYE
RUSSO
STRANGE
AYE
THORNTON
AYE
By a vote of 10-0, the Commission approved item 6 by consent.
ABSENT
Andrew Vakos appeared before the Commission. There was no opposition.
APPOINTMENTS
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL PRESERVATION COMMISSION
PARKS AND RECREATION 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
CITY COUNCIL SESSIONS
NOVEMBER 81h
MOVED TO:
NOVEMBER 1s'
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
CITY COUNCIL SESSION SCHEDULE
Date
Time
Meetin_g
November 8, 2011
Election Day - No Briefings, No
Workshop, No Sessions
November 15, 2011
4:00 — 6:00 PM
City Council Workshop
November 22, 2011
TBA
Briefings, Informal Session, Formal
Session
December 6, 2011
TBA
Briefings, Informal Session, Formal
Session
December 13, 2011
TBA
Briefings, Informal Session, Formal
Session
January 3, 2012
TBA
Back to the usual schedule
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY OF VIRGINIA BEACH
CITY COUNCIL BRIEFING
SUMMARY OF COUNCIL ACTIONS
A. MINORITY BUSINESS COUNCIL
Wanda Cooper,
DATE: 10/25/2011
ANNUAL REPORT
Chair
PAGE: 1
D
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II
CITY MANAGER'S BRIEFINGS
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AGENDA
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ITEM # SUBJECT MOTION VOTE
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CITY COUNCIL BRIEFING
A. MINORITY BUSINESS COUNCIL
Wanda Cooper,
ANNUAL REPORT
Chair
II
CITY MANAGER'S BRIEFINGS
A. CITY SUSTAINABILITY PLAN
Clay Bernick,
Administrator —
Environment
and
Sustainability
Office
B. DEVELOPMENT AUTHORITY
Steve Herbert,
PROPERTY TRANSFER
Deputy City
Manager
City Council
C. 2012 LEGISLATIVE AGENDA
Discussion
IlI/IV/V/
CERTIFICATION OF CLOSED
CERTIFIED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
VI -E
SESSION
F
MINUTES — October 11, 2011
APPROVED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
G/H/I/-1
Ordinance to AMEND §5-546 of the City
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Code re homing/racing pigeons
CONSENT
2
Ordinance to ACCEPT/ APPROPRIATE
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
$150,637from Va Behavioral Health/
CONSENT
Developmental Services to Human
Services re infants/ toddlers
Ordinances to TRANSFER:
3
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
a. $5,907,097 to Nimmo Parkway Phase
CONSENT
V-A
b. $6,756,947 to Laskin Road Gateway —
ADOPTED
8-2
Y
N
Y
N
Y
Y
Y
Y
Y
A
Y
Phase I -A
J-1
Variance to §4.4(b) of Subdivision
APPROVED/
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Ordinance that lots meet CZO for JOHN
CONDITIONED
BY CONSENT
S. WALLER FAMILY, re single family
dwellings at 203 69'' Street.
LYNNHAVEN DISTRICT
2
HERITAGE MOTOR COMPANY,
APPROVED/
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
INC. CUP re auto sales/bulk storage
CONDITIONED
repairs at 5137 Shore Drive. BAYSIDE
BY CONSENT
DISTRICT
CITY OF VIRGINIA BEACH
AUTO PROPERTIES, LLC/KH REAL
DEFERRED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
A
Y
ESTATE, LLC at 326/330 Malibu Drive:
INDEFINITELY
DATE: 10/25/2011
LYNNHAVEN DISTRICT
BY CONSENT
PAGE: 2
D
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a. CCOZonine from R-7.5 to
E
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AGENDA
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ITEM # SUBJECT MOTION VOTE
A
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10-0
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AUTO PROPERTIES, LLC/KH REAL
DEFERRED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
ESTATE, LLC at 326/330 Malibu Drive:
INDEFINITELY
LYNNHAVEN DISTRICT
BY CONSENT
a. CCOZonine from R-7.5 to
Conditional B-2 re used car sales/
and service
b. CUP re vehicle sales/service
4
OCEAN BREEZE HOLDINGS, LLC at
APPROVED AS
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
849 General Booth Boulevard: BEACH
PROFFERED/
DISTRICT
CONDITIONED
BY CONSENT
a. COZ from A-12 to Conditional B-2 re
outdoor water park
b. CUP re commercial recreation/
outdoor nature
5
NEW OAK GROVE BAPTIST
APPROVED/
10-0
Y
Y
Y
Y
Y
Y
Y
Y
.Y
A
Y
CHURCH Modification of CUP
CONDITIONED
BY CONSENT
(approved June 22, 20 10) re portable
classrooms at 3200 Head River Road.
PRINCESS ANNE DISTRICT
6
PRESERVATION VIRGINIA (for
APPROVED/
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
CAPE HENRY LIGHTHOUSE):
CONDITIONED
BY CONSENT
"Roadside Guide Signs" in public r -o -w
along Atlantic Avenue/83 d Street
LYNNHAVENBEACH DISTRICTS
K
APPOINTMENTS
RESCEDULED
B
Y
C
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N
S
E
N
S
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S
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
HISTORICAL PRESERVATION
COMMISSION
LOCAL FINANCE BOARD
MILITARY ECONOMIC
Appointed: 5
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
DEVELOPMENT ADVISORY
year term —
COMMITTEE
10/25/2011-
02/28/2016
Admiral Craig
Quigley
Appointed:
Unexpired term
thru 02/28/2013
General Fran
Wilson
OPEN SPACE ADVISORY COMMITTEE
Appointed:
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Unexpired term
thru 05/31/2014
Nicholas F.
Anoia
CITY OF VIRGINIA BEACH
PARKS and RECREATION
Appointed: At-
10-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
A
Y
COMMISSION
Large 3 year
DATE: 10/25/2011
term —
PAGE: 3
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09/01/2011-
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AGENDA
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ITEM # SUBJECT MOTION VOTE
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CITY COUNCIL SESSIONS
NOVEMBER 81h
MOVED TO:
NOVEMBER 1s'
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
PARKS and RECREATION
Appointed: At-
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
COMMISSION
Large 3 year
term —
09/01/2011-
08/31/2014
Nicholas S.
Michaels
L/M/N
ADJOURNMENT:
6:32 PM
CITY COUNCIL SESSIONS
NOVEMBER 81h
MOVED TO:
NOVEMBER 1s'
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 10/25/2011
PAGE: 4
D
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CITY COUNCIL SESSION SCHEDULE
Date Time Meetin
November 1, 2011 TBA Briefings, Informal Session, Formal
Session
November 8, 2011 Election Day - No Briefings, No
Workshop, No Sessions
November 15, 2011 4:00 - 6:00 PM City Council Workshop
November 22, 2011 TBA Briefings, Informal Session, Formal
Session
December 6, 2011 TBA Briefings, Informal Session, Formal
Session
December 13, 2011 TBA Briefings, Informal Session, Formal
Session
January 3, 2012 TBA Back to the usual schedule