HomeMy WebLinkAboutMARCH 13, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystd, -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, City Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
,0~. OUR
CITY HALL BUILDING i
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ctty vtrgtnta-beach va us
March 13,2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
11:30 AM
Ao
Bo
Co
STRIVING FOR EXCELLENCE
James K Spore, City Manager
SPECIAL REVENUE APPROPRIATION - TOURISM ADVERTISING
James Rlcketts, Director, Department of Convention and V~sltor Development
TERM SHEET - UNITED STATES FIELD HOCKEY ASSOCIATION (USFHA)
Sara Hensley, D~rector, Department of Parks and Recreation
II REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
Citizens may register to address City Council for a limited time on any item on the
Formal Council Agenda. Speakers may register immediately prior to
the meeting or, in advance, by calling the City Clerk's Office at 42 7-4303.
V. FORMAL SESSION - Council Chamber- 2:00 PM
A CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Andrew J MacBeth, D D
Eastern Shore Chapel Episcopal 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 & FORMAL SESSIONS
March 6, 2001
G AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered
tn the or&nary course of business by Ctty Council to be enacted by one motion.
H MAYOR'S PRESENTATIONS:
1. PROCLAMATIONS
a Nick Nlcholson Month
b Richard Hassell Day
I. ORDINANCES/RESOLUTIONS
1 Ordinances to AMEND the City Code.
§ 35-181, 35-182, 35-182.1, 35-182 2, 35-186 and 35-188 re Admissions Tax and
establishing admlmstratlve procedures for charitable purposes
b.
§ 18-108 re Business Licenses re transient merchants for community and non-
profit organizations
c. § 2-136 re right to legal representation dunng the grievance procedure
2. Ordinances re franchise agreements for open air cafes (DISTRICT 6 - BEACH)
a LUNA SEA, INC. at 206 22nd Street (Deferred March 6, 2001)
b SURFSIDE RESORT, INC., t/a Flshbones Restaurant at 1211 Atlantic Avenue
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10.
11
12
13
Ordinance to authorize the acquisition of property for the North Lake Holly Watershed
temporary and permanent easements, either by agreement or condemnation re construction
of stormwater management.
Ordinance re UNITED STATES FIELD HOCKEY ASSOCIATION (USFHA):
a ESTABLISH Capital ProJect - Multi-Use Recreational Fields
b TRANSFER $1,100,000 from various projects
c APPROPRIATE $400,000 in revenue from partnership with the USFHA
do
APPROVE preliminary term sheet with the USFHA and recommend approval by
the Virginia Beach Development Authority
Ordinance to APPROPRIATE $631,983 to the FY 2000-01 operating budget of the
Department of Convention and Visitor Development re expanding the City's Tourism
Advertising program (Deferred March 6, 2001)
Ordinance to APPROPRIATE $474,067 from the federal government and $33,750 from the
state to the FY 2000-01 operating budget of the Department of Mental Health, Mental
Retardation and Substance Abuse (MHMRSA) re increased services to clients and estimated
revenue be adjusted accordingly.
Ordinance to TRANSFER $2,510,000 from the Juvenile Detention Center to the
Southeastern Parkway and Greenbelt and authorize acquisition of property by agreement
or condemnation.
Ordinance to TRANSFER $233,834 from various sources within the FY 2001 operating
budget to the Department of Communications and Information Technology, and,
TRANSFER an existing vacant position to upgrade the C~ty's Financial Management
System.
Ordinance to TRANSFER $65,750 within the Pohce Department's FY 2000-01 operating
budget re purchase of replacement video cameras at the Oceanfront.
Resolution re "Guidelines for Evaluation of Investment Partnerships for Economic
Development"; and, utdize the pohcy when evaluating potential investment partnerships.
(Deferred January 23,2001)
Resolution to direct the City Manager and City Attorney make amendments to the City
Code, the City Zoning Ordinance (CZO), and the operating budget to permit tattooing and
to ensure regulation that will minimize the risk of harm to the pubhc, and, these
recommendations to C~ty Council be made in sufficient time for amendments to be adopted
and made effective no later than July 1,2001.
Resolution re issuance by the Virginia Beach Development Authority for Industrial
Development Revenue Bonds not to exceed $5-Mdlion for IMS Gear, Inc. re
manufactunng eqmpment
Resolution re Virg~ma Beach Development Authority's entenng ~nto a Termination
Agreement with the Virginia Beach Sportsplex.
14. License Refunds: $34,832.61
J PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
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Application of RCR MANAGEMENT COMPANY, INC., for a MODIFICATION to the
Green Run Land Use Plan to allow motor vehtcle rentals (trucks) at the northwest corner of
Lynnhaven Parkway and Primrose Lane (1401 Lynnhaven Parkway), containing 3.797 acres
(DISTRICT 3 - ROSE HALL).
Deferred:
January 9, 2001
February 13, 2001
Recommendation:
APPROVAL
Application of WILSON and ALICE BISHOP for a Vartance to Section 4.4(b)ofthe
Subdivision Ordinance which requires that all newly created lots meet all requirements of
the City Zoning Ordinance (CZO) at 1409 Blue Heron Road (DISTRICT 5 -
LYNNTIAVEN).
Recommendation
APPROVAL
Apphcatlon of TALC/NEWTOWN ASSOCIATES for a Condtttonal Use Permtt for a self-
storagefacthtv on the north side of Newtown Road, west of Broad Meadows Boulevard (909
Newtown Road), containing 29,620 8 square feet (DISTRICT 4 - BAYSIDE)
Deferred.
February 27, 2001
Staff Recommendation
Planning Commission Recommendation:
APPROVAL w/different conditions
APPROVAL
Application of OCEANA DEVELOPMENT, L.P. for a Conchttonal Use Permtt for a bulk
storage yard at the south side of Production Road, east of Central Drive (2649 Production
Road), containing 2 2498 acres (DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
Application of BILLY W. CHAPLAIN on the west side of Washington Avenue beginning
at a point apprommatelyl40 feet south of Vlrglma Beach Boulevard (849 and 853 Virginia
Beach Boulevard) (DISTRICT 6 - BEACH)'
a.
Change of Zontng Dtstrtct Classtficatton from A- 12 Apart~nent Dtstnct and R T-3
Resort Tourtst Dtstnct to Condtttonal B-2 CommunttF Bustness Dtstnct, containing
23,850 square feet
b Conchttonal Use Permtt for a bulk storage yard, contalmng 19,000 square feet.
Deferred:
February 13,2001
February 27, 2001
Staff Recommendation:
Planning Commission Recommendation.
DENIAL
APPROVAL
Application of DRAGAS ASSOCIATES VIII, L.C. for a Change of Zontng Dtstnct
Classtficatton from R-5D Restdenttal Duplex to Condtttonal A-12 Apartment Dtstrtct with
PD-H2 Planned Umt Development Overlay on the west side of Kempsvflle Road and south
of Monument Drive, containing 29.8231 acres (DISTRICT 1 - CENTERVILLE)
Recommendation APPROVAL
K APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
THE PLANNING COUNCIL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
L UNFINISHED BUSINESS
M NEW BUSINESS
1. ABSTRACT OF LEGAL CWIL CASES - Resolved by the City Attorney- February 2001
N ADJOURNMENT
SCHEDULE RESOURCE MANAGEMENT PROCESS ---REVISED
Topic I Location I Date/Time
City Manager's Proposed FY 2001-02 Resource Management Plan Presentation March 27th
Councd Chamber 6:00 PM
Economic V~tahty/Safe Community/Policy & Dec~slon Support Workshop Conference Room April 3ra
Quality Education for L~fetime Learning Workshop Conference Room April l0th
Proposed FY 2001-02 Resource Management Plan Pubhc Heanng April 12th
Prmcess Anne Htgh School 6:00 PM
Quality Physical Environment/Operanonal Support Workshop Conference Room April 17th
Cultural & Recreational Opportumtles/Family Youth Opportunities Workshop Conference Room April 24th
Proposed FY 2001-02 Resource Management Plan Pubhc Hearing April 24th
Councd Chamber 2:00 PM
Reconciliation Workshop Conference Room May 1st
Resource Management Plan - Adoption Spectal Meetmg May 15th
Counctl Chamber
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Dewce for the Deaf)
03/09/01BAP
AGENDA\03-13-01 PLN
www virginia-beach va us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virg~ma Beach, V~rg~n~a
March 13, 2001
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re STRIVING FOR
EXCELLENCE tn the Council Conference Room, Ctty Hall Butldtng, on Tuesday, March 13, 2001, at
11 30AM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr
and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr [ENTERED 11 55 A M]
I
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CITY MANA GER 'S BRIEFING
STRIVING FOR EXCELLENCE
ll:30 A.M.
ITEM# 47865
The City Manager dtstrtbuted coptes of Striving for Excellence, Virginia Beach A quahty Government
Orgamzatton report Thts annual report documents tntttattves, both large and small, tangtble and tntangtble,
whtch reflect the Ctty's orgamzattonal values and contrtbute to the conttnued success of the Vtrgtnta Beach
Quahty Servtces System (VBQSS) It ts orgamzed around the City Councd 's stx (6) major desttnatton potnts
Mr Spore ctted the Financial Results:
Savings:
Costs Avoided:
New Revenue Generated:
New Grants Realized
New Funds Raised/Donations
$ 5,467,950
$ 4,100,889
$ 557,906
$ 2,854,694
$ 83,787
Volunteers donated more than 1.9-MILLION hours of service (equivalent to 943full-time stafJ) valued at
$20-MILLION.
The Cay Manager htghhghted examples of special tntttattves
Over SI-MILLION in debt service savings with the Water and Sanitary
Sewer bond rating upgrade.
$1,897,320 savings with $2,316,245 costs avoided through Utility Cost
Participation Agreements with the private sector.
$9.5-MILLION combined contribution for eight (8) Hampton Roads
southside localities re Work Force Development Area 16.
The report ts on the Ctty's webstte www virginia-beach va us
The Ctty Manager commended the followtng members for thetr dedtcatton and enthustasm whtle workmg
collaborattvely to prepare thts report
Audit Services
Carole Arnold
Renee Chupik
Debby Collins
Marilyn Crane
Angela Gainer
Joyce Lang
Pam Mathias
Donna Mickley
City/Schools Printing Staff
Connie Pallette
Beverly Spencer
Frankie Thornton
Sherrie Waghalter
Susie Walston
Pat Wynn
As per request of Ctty Counctl, a sectton relattve the Volunteers wtll be encompassed wtthtn this and future
reports
March 13, 2001
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CITY MANAGER'S BRIEFING
SPECIAL REVENUE APPROPRIATION- TOURISM AD VERTISING
11:40 A.M.
ITEM # 4 7866
James Rtcketts, Director- Department of Conventton and Vtsttor Development, advtsed tn July 1996, the
Ctty Counctl of Vtrgtnta Beach estabhshed the Tourism Advertising Program Special Revenue Fund
Together wtth revenues from one cent of the percentage-based portton of the transtent lodgtng tax and one-
half cent of the restaurant meal tax, a "Flat Lodging Tax" of one dollar ($1 00) was added to support the
Ctty's budget for tts adverttstng and markettng program ("Advertising Program '9 and related acttvtttes,
tncludtng the operatton of the Visitor Center to promote and tncrease tourist vtsttatton to thts Ctty Ctty
Counctl's dtrectton at that ttme was the adverttstng formula was to create an enhanced adverttstng and
markettng program In addttton, the formula would tte adverttstng and expen&tures to economtc
performance Therefore, provtdtng for a stable source of fun&ng to facthtate long term marketmg and
planntng, the fundamental purpose of thts expanded adverttstng program and formula ts to help Vtrgtnta
Beach achteve a strong, vtbrant, dtverstfied economy One of the benefits of setttng up the formula thts way
ts, tf at the end of the year a surplus ts avatlable, tt does roll over to the next year although tt has to be
approprtated by Ctty Counctl Mr Rtcketts advtsed the objectives of the advertising formula:
Attract more visitors In 1995, there were 2-MILLION vtsttors In 1999,
there were 2 6-MILLION
Stimulate repeat visitation Thts has tncreased from 68 6 tn 1995 to 73 6
tn 1999
Encourage longer stays The Ctty has rematned stable, whtch ts postttve
tn today's vacatton environment Indtvtduals are taktng shorter and more
vacations durtng the course of the year
Create more spending per party spendtng has tncreased from $1,072 to
$1,313 Total tourtst spendtng has tncreased from $4 70 4-MILLION yearly
to $601-MILLION tn 1999 Income level has tncreased from $57,000 to
approxtmately $69,000 per househoM
Expand the shoulder season For the last two years, 55°/3 of our vtsttors,
51% of the per party spen&ng and 64% of the room mghts now occur tn
the September thru May pertod
Expand the international base In 1995, the Canadian vtsttatton was only
4 1% of the total, and now, even wtth the dollar sttuatton as tt ts, has
tncreased to 5 2%
Facilitate co-op partners and create alliances Great strtdes have been
made tn terms of the regtonal packages developed, as well as betng apart
of the state's co-op fund by recetvtng addtttonal funds from the state
Stimulate and promote new tourism product development and services
Some of the real success stortes have been the Sports Markettng, Eco-
Tourtsm and the Golf Packagtng programs, whtch stimulate 'year round
vtsttatton
One of the most stgntficant accomphshments, ts Virginia Beach has overtaken Williamsburg (Colonial
Williamsburg, Jamestown and Yorktown) as the Number One city in the region in terms of tourist
spending.
Mr Rtcketts referenced the Ordtnance to APPROPRIATE $631,983 to the FY 2000-O1 operattng budget
of the Department of Conventton and Vtsttor Development re expandtng the Ctty's Tourism Advertising
program (Scheduled for the Formal Sesston of Ctty CounctO Thts Or&nance deptcts the TAP Fund had
an unapproprtated fund balance of $957,207, whtch ts a result of postttve revenue performance and
approprtatton balances from Adverttstng and the Vtsttor Informatton At the Department's request, a
"sinking fund" was estabhshed where the tnterest earned off the TAP Fund would go into a separate fund,
to handle the maintenance of the Vtsttor's Center Thts fund entatls $325,224 whtch ts not approprtated
on an annual basts, but rematns tn thts separate fund $300,000 was set astde tn a reserve account to handle
catastrophtc sttuattons t e hurrtcanes $331,983 was the actual surplus whtch occurred tn the last fiscal
year Thts ts dertved from the Vtsttor Center operattons and revenues over the projecttons for the budget
March 13, 2001
-4-
CITY MANAGER'S BRIEFING
SPECIAL REVENUE APPROPRIATION - TOURISM AD VERTISING
ITEM # 47866 (Continued)
Thts surplus has matnly been programmed tnto the "Rock-N-Roll" Marathon, whtch ts debuttng Labor Day
weekend
Ron Kuhlman, advtsed the "Stripped Bass Tournament" ts betng revtewed, whtch operates three months out
of the year, to determine how thts event can be expanded tnto a 'year round promotton to rte into extstmg
events At the present ttme, the Tournament ts being operated by the Ctty At the present ttme there ts no
central reservation method for charter boats This has to be done through the tndtvtdual martnas
Mr Rtcketts advtsed Conventton and Vtsttor Development ts tn the process of preparmg the markettngplan
for the new conventton center This also requtres the flextbthty of the TAP Fund ~Idverttsmg and
promottng the regtonal attracttons ts vttal He beheves there wtll be a whole new approach to the
cooperatton
Mayor Oberndorf suggested brochures on Vtrgtnta Beach be forwarded to writers of vartous televtston
sttuatton come&es She ctted an example tn "Everybody Loves Raymond" Raymond was trytng to get
permtsston from hts w~fe to play golf m Myrtle Beach, South Carohna Our golf courses are closer than
South Carohna Mayor Oberndorf advtsed the Ctty's courtesypatrol has already been nottced at the nattonal
level Members of the National League of Cities members are very interested Information should be
provtded these nattonal professtonal orgamzattons
March 13, 2001
-5-
CITY MANAGER'S BRIEFING
TERM SHEET- UNITED STATES FIELD HOCKEY ASSOCIATION (USFHA)
12:00 P.M.
ITEM # 47867
Sara Hensley, Dtrector of Parks and Recreatton, expressed apprectatton and accolades to Conventton and
Vtsttor Development, parttcularly Ron Kuhlman, Buddy Wheeler, Nancy Salomonsky Sara mtroduced
Asststant City Attorney Carol Hahn who prepared the Term Sheet may respond to Ctty Counctl concerns
The Term Sheet ts tntended to outhne the proposed bastc terms and conchttons reference thejotnt effort by
the Ctty of Vlrglnta Beach and the United States Field Hockey Association (USFHA) tn the planntng,
development, constructton, use and operatton of the USFHA National Training Center attd the relocatton
of thetr Hockey Team to Virginia Beach The parttes wtll not be obhgated to complete the transacttons
contemplated unless a defintttve Cost Parttctpatton and Use Agreement ts executed and dehvered by both
parties USFHA and the Ctty will share tn the rtght to use the facthtyfor events not tncompattble wtth the
property mamtenance of the facthty for field hockey, wtth USFHA having first prtortty rights as to
scheduhng It ts anttctpated that the percentage of trine avatlable for use by the Ctty wtll be approxtmately
60% and for USFHA approximately 40% Schedules wtll be arranged through Parks and Recreatton
Phase I encompasses planntng, destgn and constructton of one AstroTurf 96 arttfictal turf fieM wtth an tn-
ground trrtgatton system meettng FIH standards and all stte preparatton for Phase I and Phase II.
Fundtngfor th tsfirstphase tn the amount of $1.5-MILLION is available through redirection of $600,000
remaining from completed capital projects, through a $400,000 commitment of the USFHA, and through
the temporary use of $500,000 in funds available from the Detention Center project Phase H entatls
planntng, destgn and constructton of the second AstroTurf 96 artificial turf field wtth an tn-ground
trrtgatton system meettng FIH standards, bleacher seattng for up to 1,000 spectators, a small on-stte
equtpment room (tf necessary, a small locker room facthty (tf necessary), hghttngfor both fields and mtntmal
parktng Phase H entatls a cost of approxtmately $1.7-MILLION USFHA has negottated an arrangement
wtth AstroTurf to obtain the destred arttfictal-turf playmg surface (AstroTurf 96 system) at a cost of
productton at $5 24 per square foot, tncludtng tnstallatton By thts arrangement, the Ctty ts savtng
$386,775 The esttmated date of completton ts August 31, 2001 The USFHA would begtn thetr move Aprtl
15, 2001, and unttl the fields are avatlable tn Vtrgtnta Beach, they wtll play on Old Domtnton Untverstty's
Foreman Fteld The USFHA wtll conttnue to utthze thts field unttl August Thtrty-first when the new field wtll
be completed
A yearly report relattve the Ctty's and USFHA's usage and economtc impact wtll be provtded to Ctty
Counctl The Ctty and USFHA will work co-operattvely to tmplement alee schedule that will be agreeable
to both parttes Mrs Hensley wtll confer wtth the School system relattve the detatls of the United States
Field Hockey Association Term Sheet.
Provtded the Ctty can make avatlable adequate fields, USFHA shall use tts best efforts to host the National
FieM Hockey Festival tn the Ctty of Vtrgtnta Beach tn 2003, and to cause the Festtval to take place tn
Vtrgtnta Beach once every three years thereafter Palm Beach County economically benefitted from thts
festtval wtth 7,000 plus room nights, 3,500 plus athletes, 180 teams, 650 games and $2-MILLION tn
economic impact to the City
Catheryn Whttesell, Dtrector of Management Servtces, advtsed the Juventle Detentton Center capttal project
ts pendtng State actton The funds wtll be retnstated with the ADOPTION of the Capttal Improvement
Program (CIP)
The Ctty and USFHA wtll work cooperattvely to tmplement a fee schedule for use of the facthty by users
other than the Ctty and USFHA It ts anttctpated that both USFHA and the Ctty wtll host events at the
facthty Any gate recetpts from USFHA-sponsored events shall belong to the USFHA, and any gate recetpts
from the City-sponsored events shall belong to the Ctty All net proceedsfrom the Ctty-sponsored events
shall belong to the Ctty All netproceeds fromjotnt sponsored events and uses shall be equally shared, and
may be depostted tn the reserve set aside for turf replacement The City shall have the rtght to operate all
concesstons at all events and to recetve all tncome generated therefrom The Cost Participation and Use
Agreement wtll set forth more fully the rtghts and obhgattons of the City and USFHA wtth respect to
separate andjotntly sponsored events, tncludtng, wtthout hmttatton, parktng use of pubhcJacthttes, charges
for pubhc facthttes, adverttsements, banners and staffing
Buddy Wheeler advised, locally, personnel are avatlable to operate the festtvals A relattonshtp with a
nattonal governtng body such as USFHA opens other opportuntttes for the Ctty
March 13, 2001
-6-
AGENDA RE VIEW SESSION
12:35 P.M.
ITEM # 4 7868
I 10rdtnance re Ctty Code
~ 35-181, 35-182, 35-182 1, 35-182 2, 35-186and35-188 re
Admissions Tax and estabhshtng admtntstrattve procedures for
charitable purposes
Counctl Lady McClanan expressed concern as thts Or&nance had prevtously been amended Asststant Ctty
Attorney Randy Blow advtsed thts ordinance ss prtmartlyfor clartficatton purposes The Commtsstoner of
Revenue dtd not beheve he had suffictent gutdance to determtne whether an event was charttable and when
the admtsstons tax should not be patd Spectfic gutdehnes are provtded to asstst tn determtntng whether or
not an event benefits "a charitablepurpose" Other secttons of the ordtnance have been re-ordered to follow
the manner tn whtch admtsston taxes are classtfied tn the Code of Vtrgtma Thts amendment wtll tmpose
objecttve crtterta Counctl Lady McClanan referenced, Page 7
(2) All determtnattons concermng the taxable status of events
descrtbed tn thts subsectwn shall be made bY the commtsstoner
of the Revenue on an event-by-event basts
Counctl Lady McClanan said st appears the Ctty ss "gotng after" non-profit and charstable groups Thts code
sectton ss constantly selected for amendment Vtce Mayor Sessoms advtsed he had heard about theproblems
relattve non-profit organtzattons and beheved thts clartficatton would asstst
The Commtsstoner of Revenue advtsed thts wouM not only provtde clartty, but wouM assist tn provtchng
conststency tn admtntstertng thts parttcular provtston of the ordtnance Many tndtvtduals beheve hat
because thetr organtzatton ss non-profit, they are automattcally not taxable on anythtng, tncludtng mcome
tax The Ctty Attorney has provtded strtct legal language whtch provtdes gutdance on how to classtfy a non-
profit This ss a postttve step and not tntended to encumber any non-profit organtzatton
ITEM # 4 7869
I 1 Ordinance re Ctty Code
b 3~ 18-108 re Business Licenses re transient merchants for
communtty and non-profit organtzattons
Mayor Oberndorf, Counctl Lady McClanan and Counctl Lady Wtlson tnqutred relattve the umbrella
or&nance deptcted on page 2 of satd Or&nance If, as an example, Tallwood Htgh School wished to have
a "flea market" and rent spaces, does that group have to charge another $10 OOper space to comply wtth
the hcense fee
The Commtsstoner of Revenue advtsed they must regtster with an arm of the Ctty Manager's office tn
accordance wtth Chapter 4 ~1 or Chapter 24 3~6 of the Ctty Code Instead of each merchant/vendorpaymg
a hcense fee of $500, the event organtzer wtll pay a stngle fee calculated at the rate of $10 per
merchant/vendor wtth a mtntmum fee of $50 and a maximum fee of $500 The purpose of thts ordmance ss
to grant some rehef to those merchants/vendors who may only operate tn the Ctty for one or two stngle
communtty or charitable events The proposed ordtnance wtll clartfy the admtntstrattve procedures and
requtrements of Ctty agencies and parttctpants of these events A quahfied regtstered communtty event can
secure an umbrella hcense Thts ordtnance concerns tttnerant merchants
Asststant Ctty Attorney Randy Blow advtsed tf all ss done tn-house by the Schools, PTA, Booster Club, etc,
with no outside vendors brought tn, no fees are reqmred and they are not constdered to be "vendors"
The Commtsstoner advised Councd Lady Henley tf a promoter wtshes to quahfy for the "umbrella hcense"
allowed under the communtty event, the Ordtnance prescrtbes a ttme for them to apply wtth the
Commtsstoner of the Revenue The tnformatton wtll then be coordtnated wtth the Ctty Manager When
someone apphes for a spectal events permit, the Commtsstoner wtll then be nottfied attd he wtll advtse
relattve the regulattons Councdman Man&go was advtsed any organtzatton issued an umbrella hcense
must, wtthtn ten days of the last day of the event, file a final accounttng of the merchants and vendors who
conducted bustness at the event To report tnctdences tn vtolatton on the weekends t e tndtwduals selhng
velvet patnttngs, furntture , etc the Commtsstoner of Revenue wtll provtde the Mayor and Members of Ctty
Counctl hts restdence telephone number Counctl Lady McClanan wtll vote a VERBAL NAY on thts stem
March 13, 2001
-7-
AGENDA RE VIE W SESSION
ITEM # 47870
I1 Ordtnance re franchise agreements for open air cafes
(DISTRICT 6- BEA CH)
a LUNA SEA, INC. at 206 22nd Street (DeferredMarch 6, 2001)
Deputy Ctty Attorney Randy Blow advtsed the operator agreed to brtng the cafd tnto strtct comphance wtth
the Ctty's regulattons on or before December 31, 2001, and to post a bond tn the amount of $15,000 as a
guarantee of the avatlabthty of adequate funds to do so Mr Blow has recetved a copy of the wrttten
agreement wtth the agreed upon changes on Monday, March 12, 2001, but has not yet recetved the stgned
bond
ITEM # 47871
13
Or&nance to authorize the acquisition of property for the North
Lake Holly Watershed temporary and permanent easements,
etther by agreement or condemnatton re constructton of
stormwater management.
Councd Lady Parker advtsed she owns property tn thts area The Ctty Attorney advtsed she would be a
member of a group who would &sclose ownership of property that mtght affect the value of the property,
but sttll have the rtght to vote
Counctl Lady Wtlson wtshed to ABSTAIN as she ts not thoroughly knowledgeable wtth thts parttcular ttem
ITEM # 47872
14 Ordtnance re UNITED STATES FIELD HOCKEY
ASSOCIATION (USFHA) :
a ESTABLISH Capttal ProJect- Multi-Use Recreational Fields
b TRANSFER $1,100, O00from vartous projects
c APPROPRIATE $400,000 tn revenuefrompartnership wtth the'
USFHA
d APPROVE prehmtnary term sheet with the USFHA and
recommend approval by the Vtrgmta Beach Development
Authortty
Counctl Lady McClanan will vote a VERBAL NAY on this item
ITEM # 47873
17
Ordtnance to TRANSFER $2,510,000 from the Juventle
Detentton Center to the Southeastern Parkway and Greenbelt,
and, authorize acquisition of property by agreement or
condemnatton
The Ctty Attorney &strtbuted an amended ordtnance whtch clartfies only the Castleton portton of the
Southeastern Parkway ts under constderatton Jtm Lawson advised Counctl Lady Henley thts comprtses 17
acres of land Mr Lawson wtll provtde an update of all lands acqutred for the Southeastern Expresssway
March 13, 2001
-8-
AGENDA RE VIEW SESSION
ITEM it 47874
18
Ordtnance to TRANSFER $233,834from vartous sources wtthtn
the FY 2001 operattng budget to the Department of
Communtcattons and Informatton Technology, and, TRANSFER
an extsttng vacant posttton to upgrade the Ctty's Financial
Management System.
The Ctty Manager advtsed Counctl Lady Wtlson thts posttton was related to the next phase of the VIBES
System (Ctty's Ftnanctal Management System)
ITEM it 47875
HO Resolutton re "Guidelines for Evaluation of Investment
Partnerships for Economic Development", and, utthze the
pohcy when evaluattng potenttal investment partnerships.
(Deferred January 23, 2001)
Counctl Lady McClanan wtll vote a VERBAL NAY
ITEM it 47876
I 11 Resolutton to direct the Ctty Manager and Ctty Attorney make
amendments to the Ctty Code, the Ctty Zontng Ordinance (CZO),
and the operattng budget to permtt tattooing and to ensure
regulation that will mtntmtze the rtsk of harm to the pubhc, and,
these recommendattons to Ctty Counctl be made tn suffictent ttme
for amendments to be adopted and made effecttve no later than
July 1, 2OOl
The Ctty Attorney advtsed the perceptton of the newspaper arttcle tnchcates tndtvtduals are ready to open
thetr tattoo business at the Oceanfront It overlooks the fact tattoo establishments are not permitted
anywhere tn the Ctty at the present time Asststant Ctty Attorney Macah shall advtse relattve a proposed
zontng ordtnance hmtttng the locatton of tattoo parlors.
ITEM it 47877
113 Resolutton re Vtrgtnta Beach Development Authortty's entertng tnto
a Termination Agreement wtth the Vtrgtnta Beach Sportsplex.
Counctl Members Jones, McClanan and Parker will vote a VERBAL NAY on thts ttem
ITEM it 47878
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTION
I 10rdtnances re the City Code
3~ 35-181, 35-182, 35-182 1, 35-182 2, 35-186and35-188 re
Admissions Tax and estabhshtng admmtstrattve procedures for
charitable purposes
18-108 re Business Licenses re transient merchants for
commumty and non-profit organtzattons
~ 2-136 re rtght to legal representation durtng the grievance
procedure
March 13, 2001
-9-
AGENDA RE VIEW SESSION
ITEM # 47878 (Continued)
12
13
14
15
16
17
18
19
HO
Or&nances re franchise agreements for open air cafes
(instruct 6- BEA CH)
LUNA SEA, INC. at 206 22na Street (Deferred March 6, 2001)
SURFSIDE RESORT, INC., t/a Ftshbones Restaurant at 1211
Atlanttc Avenue
Ordtnance to authorize the acquisition of property for the North
Lake Holly Watershed temporary and permanent easements,
etther by agreement or condemnattonj re constructton of
stormwater management.
Ordtnance re UNITED STATES FIELD HOCKEY
ASSOCIATION (USFHA) :
a ESTABLISH Capttal ProJect- Multi-Use Recreational Fields
b TRANSFER $1,100, O00from vartousprojects
APPROPRIATE $400,000 tn revenue from partnership wtth the
USFHA
APPROVE prehmtnary term sheet with the USFHA and
recommend approval by the Vtrgtnta Beach Development
Authortty
Or&nance to APPROPRIATE $631,983 to the FY2000-O1
operating budget of the Department of Conventton and Vtsttor
Development re expandmg the Ctty 's Tourism Advertising
program (Deferred March 6, 2001)
Ordinance to APPROPRIATE $474,067 from the federal
government and $33, 750 from the state to the FY 2000-01
operattng budget of the Department of Mental Health, Mental
Retardatton and Substance Abuse (MHMRSA) re tncreased
servtces to chents and esttmated revenue be adjusted
accordingly
Or&nance to TRANSFER $2,510,000 from the duvemle
Detentton Center to the Southeastern Parkway and Greenbelt
and authorize acquisition of property by agreement or
condemnatton
Ordinance to TRANSFER $233,834 from various sources wtthm
the FY 2001 operattng budget to the Department of
Communtcattons and lnformatton Technology, and, TRANSFER
an extsttng vacant posttton to upgrade the Ctty's Financial
Management System.
Ordtnance to TRANSFER $65, 750 wtthtn the Pohce
Department's FY 2000-01 operattng budget re purchase of
replacement video cameras at the Oceanfront
Resolutton re "Guidelines for Evaluation of Investment
Partnerships for Economic Development", and, utthze the
pohcy when evaluattng potential investment partnerships.
(Deferred January 23, 2001)
March 13, 2001
-lO-
AGENDA RE VIEW SESSION
ITEM # 47879 (Continued)
H2 Resolutton re tssuance by the Vtrgtnta Beach Development
Authortty for Industrtal Development Revenue Bonds not to
exceed $5-Mdhon for IMS Gear, Inc. re manufacturing
equtpment
H3 Resolutton re Vtrgtma Beach Development Authortty 's entertng
tnto a Termination Agreement wtth the Vtrgtma Beach
Sportsplex.
I14 License Refunds: $34,832.61
Councd Lady McClanan wtll vote NAY on Item 1 b, 4, 10 and 13
Item 2 a wdl be DEFERRED BY CONSENT, untd the City Councd Session March 27, 2001
Councd Members Parker and Wtlson wdl ABSTAIN on Item 3
Item 7 wtll be ADOPTED, AS AMENDED.
Councd Members Jones and Parker wtll vote NAY on Item 13
March 13, 2001
-ll-
AGENDA RE VIE W SESSION
ITEM # 4 7880
J 1 Apphcatton of RCR MANAGEMENT COMPANY, INC., for a
MODIFICATION to the Green Run Land Use Plan to allow
motor vehscle rentals (trucks) at the northwest corner of
Lynnhaven Parkway an Prsmrose Lane (1401 Lynnhaven
Parkway), containing 3 797 acres (DISTRICT 3 - ROSEHALL)
Thss stem wsll be dtscussed dursng the Formal Sessson
ITEM # 4 7881
J3 Apphcatson of TALC/NEWTOWN ASSOCIATES for a
Condttsonal Use Permst for a sel_f-storage_facsh_ty on the north
ssde of Newtown Road, west of Broad Meadows Boulevard (909
Newtown Road), contasmng 29, 620 8 square feet (DISTRICT4 -
BA YSIDE)
Thss stem wsll be &scussed dursng the Formal Sesston
ITEM # 4 7882
J 6 Apphcatson ofDRA GASASSOCIA TES VIII, L. C. fora Change
o_f Zonsng Dsstrsct Classtficatton from R-5D Ressdentsal Duplex
to Condstsonal A-12 Apartment Dsstrsct with PD-H2 Planned
Unst Development Overlay on the west ssde of Kempsvslle Road
and south of Monument Drtve, contasnsng 29 8231 acres
(DISTRICT 1 - CENTER VILLE)
Councd Lady Eure advssed thss ss the Csty 's firstproffered appropriation of gsvsngfunds for open space and
ss sn the amount of $300,000
Councd Lady Parker wsll ABSTAIN She and her husband own Parker Pools and George Dragas has been
a chent ofthesrsforyears
ITEM # 4 7883
B Y CONSENSUS, thefollowsng shall compose the PLANNING B Y CONSENT:
J2
Apphcatson of WILSON and ALICE BISHOP for a Varsance to
Sectton 4 4(b)of the Subchvtsson Ordsnance whtch requsres that
all newly created lots meet all requirements of the Ctty Zontng
Ordsnance (CZO) at 1409 Blue Heron Road (DISTRICT 5 -
L YNNHA VEN)
J4
Apphcatson of OCEANA DEVELOPMENT, L.P. for a
Con&ttonal Use Permstfor a bulk storage yard at the south stde
of Productton Road, east of Central Drtve (2649 Productson
Road), contasmng 2 2498 acres (DISTRICT 6 - BEACH)
Applscatson of BILLY W. CHAPLAIN on the west ssde of
Washsngton Avenue begsnntng at a posnt approxtmately140 feet
south of Vsrgsnsa Beach Boulevard (849 and 853 Vsrgsnta Beach
Boulevard) (DISTRICT 6 - BEACH)
Change of Zontng Dtstrsct Classtficatson from A-12 Apartment
Dsstrtct and RT-3 Resort Toursst Dsstrsct to Condttsonal B-2
Commumt¥ Bussness Dsstrsct, contasntng 23,850 square feet
b Condstsonal Use Permst for a bulk storage yard, contasntng
19, 000 square feet
March 13, 2001
- 12-
AGENDA RE VIEW SESSION
ITEM # 4 7883 (Continued)
J 6 Apphcatton ofDRA GASASSOCIA TES VIII, L. C. fora Change
ofZontng Dtstrtct Classtficatton from R5D Restdenttal Duplex to
Condtttonal A-12 Apartment Dtstrtct wtth PD-H2 Planned Umt
Development Overlay on the west side of Kempsvtlle Road and
south of Monument Drtve, contatmng 29 8231 acres (DISTRICT
1 - CENTER VILLE)
Item J 5 wtll be DEFERRED, BY CONSENT, until the Cay Counctl Sesston of March 27, 2001
Counctl Lady Parker wtll ABSTAIN on Item J. 6.
March 13, 2001
- 13-
CITY COUNCIL COMMENTS
1:13 P.M.
ITEM # 47884
Counctl Lady Henley referenced the Presentation of the Proposed FY2001-02 Resource Management Plan
on March 2 7, 2001. Counctl Lady Henley ts recetvtng an mcreased number of ctttzen concerns relattve the
number of unfilled postttons tn the Pohce Department Safe Communtty ts to be one of the first toptcs under
&scusston on Aprtl Thtrd She wtshes an tn-depth &scusston about thts parttcular aspect of the Pohce
budget
ITEM # 4 7885
Counctl La&es Eure and Wtlson attended the National League of Cities Conference tn Washtngton, D C
on March 8 thru March 12 Counctl Lady Wtlson advtsed they met wtth the Congresstonal Delegatton and
lobbted for the sand replenishment, btke tratls, 1-64 interchanges, Oceana, etc She attended a semtnar
relattve the me&a A film chp was shown of Mayor Oberndorfbetng tntervtewed rtght after "Greekfest" The
Mayor was presented as an example of the "proper way to conduct one's self durtng an tntervtew" Mayor
Oberndorf expressed apprectatton, but thts was a very sad and embarrasstng memory Responstble
tn&vtduals have rebutlt the trust tn thts Ctty
Counctl La&es Eure and Wilson advtsed meettng the Ctty Manager of Garland Texas, who was a former
employee of James Spore He satd Mr Spore was the "best Ctty Manager tn the whole country"
Counctl Lady Eure further advtsed they toured the State Department and were hosted for lunch by
Ambassador Mark Henley They &d have an agenda, whtch has been outhned by Rosemary, and was the
purpose for thetr vtstt However, tn the tntertm, Congressman Schrock called staff to have Robert Matthtas,
Asststant Ctty Manager, present maps on Ferrell Parkway John Stasko, Manager - Back Bay Nattonal
Wtldhfe Refuge, called staff and tnqutred what was the reason for the Counctl Members attendance, and
tf they were lobbytng concerntng FerrelIParkway This &sturbed Congressman Schrock Counctl Lady Eure
was offended that Counctl Lady Henley had also tnqutred relattve thetr attendance Congressman Shrock
tnqutred relattve Ferrell Parkway and she tnformed Congressman Schrock of City Counctl's acttons and
her posttton concerntng Ferrell Parkway
Council Lady Henley advtsed Mr Stasko had contacted Congressman Schrock last Thursday mormng
relattve another tssue He was calhng to make an appotntment as a Manager to &scuss general Refuge
tssues At that ttme, the Congressman's Atde began a &scusston concerntng Ferrell Parkway When Mr
Stasko called, he was not aware of the Counctl Members' attendance at the Nattonal League of Cities
Council Lady Henley &d not know of any delegatton betng tn Washtngton, D C
Mayor Oberndorf beheved Ctty Councd's Gutdeltnes and Code of Conduct should be revtewed The Ctty
Counctl should, as tn the past, delegate the Ctty Council representattves who wtll attend and represent a
parttcular tssue on behalf of the majority of Ctty Counctl
ITEM # 4 7886
Mayor Oberndorf referenced the beauttful Memortal Servtce on Saturday, March 17, 2001, for the 203rd Red
Horse Flight of the Virginia Air National Guard Representattves of the National Guard, Senator Allen,
Senator Warner and Congressman Schrock were tn attendance Mayor Oberndorf welcomed Senator
Warner to the Ctty of Vtrgtnta Beach Mayor Oberndorf advtsed Counctlman Man&go ss a de&cated
Repubhcan
Mayor Oberndorf and Counctlman Man&go expressed thetr gratttude to the Reverends Gtmenez for hosttng
the Memortal Servtce at Rock Church Counctlman Man&go also commended the Department of Defense
Nattonal Guard Bureau, the State Nattonal Guard, the local Guard Untts and the Ctty of Vtrgtnta Beach for
thetr hard work re the tmplementatton of thts solemn and &gntfied servtce The Asr Nattonal Guard of
Rtchmond, the 102~d Ftghter Wtng, performed the mtsstng man formatton
Mayor Oberndorf recogmzed the Ctty's professtonal staff who performed magntficently When the news
broke relattve the plane crash, the Pohce Officers asststed tn manntng the gates at Pendleton Mayor
Oberndorf expressed apprectatton to the Ctty Manager for hts endeavors Dtane Roche, Asststant to the Ctty
Manager for Me&a and Communtcattons, and thts department went out every stngle day to asstst tn wrtttng
news releases and any other form of support for the Nattonal Guard and the famthes Vtrgmta Beach values
tts mthtary famthes and makes extraor&nary sacrtfices
March 13, 2001
-14-
ITEM # 4 788 7
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 13, 2001, at 1 30
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, }Vtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Vgtlham D Sessoms, Jr and Rosemary l~tlson
Counctl Members Absent
None
March 13, 2001
- 15-
ITEM # 4 7888
Mayor Oberndorf entertatned a moaon to perm~t Ctty Councd to conduct ~ts CLOSED SESSION, pursuant
to Secaon 2 1-344(A), Code of V~rgm~a, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promoaon, performance, demotton, salaries, dtsctphmng, or restgnatton
of spectfic pubhc officers, appotntees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Commumty Servtces Board
Francts Land House Board of Governors'
Shore Drtve Advisory Commtttee
The Planning Counctl
Vtrgtnta Beach Health Services Advtsory Board
LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertatmng to actual or probable
hagatton, or other spectfic legal matters requtrtng the provtston of legal
advtce by counsel pursuant to Sectton 2 1-344(A)(7)
To- Wtt Sportsplex
Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Parker, City Councd voted to proceed
tnto CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts
R clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, .Ir and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III
(Time of Closed Session: 1:30 P.M. to 1:50 P.M.)
March 13, 2001
-16-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
March 13, 2001
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, March 13, 2001, at 2 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Absent
None
INVOCATION
The Reverend Andrew d MacBeth, D D
Eastern Shore Chapel Eptscopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, being a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Councd Vtce Mayor Sessoms' letter
of January 2, 2001, ts hereby made a part of the record
March 13, 2001
Item V-E.
-17-
CER TIFIC/I TION OF
CLOSED SESSION
ITEM # 4 7889
Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Parker, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meettng
requirements by Vtrgtnta law were &scussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motion
convening the Closed Session were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 47888, page 15, and in accordance with thc
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~th Hodges~mith, MMC
JCity Clerk
March 13,2001
Item V-F. 1.
- 18-
MINUTES
ITEM # 4 7890
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Mtnutes of the March 6, 2001
Vottng 9-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Vgtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf Nancy K Parker and Rosemary Wilson
Counctl Members Vottng Nay'
None
Counctl Members A bstatntng
Louts R Jones and Vice Mayor Wtlham D Sessoms, dr
Counctl Members Absent
None
Vtce Mayor Sessoms and Counctlman Jones ABSTAINED as they were not in attendance durtng the Ctty
Counctl Session of March 6, 2001
March 13, 2001
- 19-
Bem ~G
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4 7891
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 13, 2001
- 20-
Item V-G. 1.
INTR OD UCTION
ITEM # 4 7892
Mayor Oberndorf tntroduced the followtng Boy Scout tn attendance to earn hts Communtcattons Mertt
Badge
TROOP 362
John Bradley
March 13, 2001
Item V-H.I.a.
-21 -
MA YOR 'S PRESENTATION
ITEM # 4 7893
Mayor Oberndorf recogmzed J P Godsey, Vtce Prestdent of Investments - Ferrts, Baker and Watts, who
estabhshed the Richard Hassell Foundation tn conjunctton wtth Towne Bank
Mayor Oberndorf PROCLAIMED:
MARCH 13, 2001
RICHARD HASSELL DA Y
Mr Hassell's daughter and hts famdy ACCEPTED the Proclamatton
Thts Proclamatton was drafted also at the request of Councd Lady Rosemary Wdson
Rtchard Hassell passed away on January 22, 2001 Thts selfless man led an extraor&nary hfe feechng the
hungry, sheltertng the homeless, and gtvtng hope to the destitute tn our communtty through hts one-man
Chrtsttan Actton mtmstry The Rtchard Hassell Foundatton was estabhshed by local busmess and ctYtc
leaders to help Hampton Roads fill the void by carrytng on the legacy of thts ttreless ctttzen Richard knew
how to put the "actton" tnto communtty work
Mr Godsey advtsed Rtchard Hassell was hts very good frtend for twelve years and the greatest man he has
ever met The Foundation was estabhshed to conttnue hts legacy When a mtntmum of $5,000 ss recetved,
those funds wdl be turned over to the Vtrgtnta Beach Foundatton for management A Board conststtng of
members of the Hassell famdy, Joe Hoppel (WCMS) and Joe Flanagan (CHANNEL 13) and others wdl
dectde concermng the dtstrtbutton of funds Those who wtsh to donate may call hts office (757) 412-4614
March 13, 2001
P~r~~e~~~aw~ on ]anuary 22, 2001; and
Bis se~.vs man lalan extraordinary £~Ce--feeaCrng the hungry, sheltering the
homeless, andgiving hope to the destitute in our community through his one-
man c~ristianAction min~; and
Countless citiaens in 9lampton P~Oads are now wondering, 'What will we do.
without Pjc~rd~e~ ; and
The PJ~~ H'AX~-cf P~ABogf was estab~h~ ~ local business anac
civic leaders to help 21ampton POads fillt~ ~oid by carrying on the legacy of
tfiis m'reless citizen, wfio re4ffly knew flow to put t~ ~action" inW community
worl~
fimbj ~roclai~'
March 13, 2001
Rich a rd fi-la s s e ll a y
In Virginia $eacIi, anaC I cafl upon alf citiz~ and civic organizations to ~ maki~
a contribution to the Pdchardglasseplq~oundatio~
In ~'tness W~eof, I have hereunto set my hanacandcausedt~ OfficialSealof tfie O't~
of Pi'rginia ~Beacb~ g,i'rginia, to be affix~t~ TIiirteentfi day of Pdarcfi, Two qTwusandOne.
9~era B, 06ernd~
9elayor
- 22 -
Item V-H.I.b.
MA YOR 'S PRESENTATION
ITEM # 4 7894
Mayor Oberndorf recogmzed Robert Hall, Chtef Magtstrate and member of the EMS
Mayor Oberndorf PROCLAIMED:
MARCH 2001
NICK NICHOLSON MONTH
Mayor Oberndorf advtsed Ntck Ntcholson has demonstrated enthustasttc ttreless and ongotngfinanctal and
moral support of the Virginia Beach Volunteer Rescue Squad The Virginia Beach Volunteer Rescue
Squad Oyster Roast, estabhshed and orgamzed annually by Ntck Ntcholson informs the commumty of the
excellent service dehvered by the Squad and provtdes an tmportant connectton between the people of the
"old beach town" and those of the "new" Vtrgtnta Beach Marguertte Ntcholson has lovingly supported her
husband's personal commttment to our commumty
Mr Hdl ACCEPTED on behalf of Nick Nicholson, who ts recovering from an dlness and unable to attend
Captatn Davtd Whttley of the Vtrgtma Beach Rescue Squad was also unable to attend and requested Mr
Hall accept thts Proclamatton Twenty-five (25) years ago, Ntck became dl, he was transported to the
hospttal by the Rescue Squad and never recetved a bdl He wanted to do somethtngfor thetr ktndness, he
lard the foundatton for the first Oyster Roast, held tn the old Dome Over the past twenty-four (24)years,
Nick has ratsed over $1/2-MILLION, whtch has been presented to the Vtrgtnta Beach Volunteer Rescue
Squad
Vtce Mayor Sessoms satd Ntck has been a wonderful frtend and he has known htm all hts hfe
March 13, 2001
Procfamat 'on
~vow, ~nere~re, ~, ~eyera ~i. ob~, mayor oy t~ Oty oy
March 2001
Hi c k Hi c h o ls o n o n t h
In q, frginia $eac~ and I taft upon air cititens and chdc organir~tions to
acqua~t themselves wittf t~ good wor~4 per~ac 6y 5v'wk ~/'w~ofson amf
Virginia ~oach Volunteer P~scue Squad 14, and I encouraOe ail citOxas w
support the OJ~r Roast on the o~asion of its 29 anniversary.
In q4h'tness ~here~ I lurve hereunto set nrJ hanacaadcausear the OfficialSeal
of the Cit~ of Virbinia ~eacl~ Virginia, to be affixedthis $i~h day of ~arcl~
Two Thousand One.
9~e~era ~ o~ern~c
5~la~or
Item V-H.I.c.
- 23 -
MA YOR 'S PRESENTATION
ITEM # 4 7895
ADD-ON
Mayor Oberndorf PROCLAIMED:
MARCH 10, 2001
203r't RED HORSE FLIGHT DA Y
On Saturday, Mach 18, 2001, Mayor Oberndorf attended the Memortal Servtces to the Amertcan ctttzen-
sol&ers who were ktlled on Saturday, March 3, 2001 when the C-23 Sherpa transport plan crashed tn
Unadtlla, Georgta, en route to Naval Atr Statton Oceana, Vtrgtnta Beach
Etghteen of the Reservtsts on board were members of the 203ra Red Horse Flight of the Vtrgtnta Atr Nattonal
Guard, based at Camp Pendleton Mayor Oberndorf called upon all ctttzens and civic organtzatlons to
extend their condolences to the famthes of the etghteen Vtrgtnta Atr Nattonal Guard reservtsts and the three
Flortda Army Nattonal Guard avtators who were ktlled tn thts tragtc acctdent She further called upon all
ct ttzens and bustnesses toffy the Amertcan flag and for all Cttyflags to be flown at half stafJ through Sunday,
March 11, 2001
March 13, 2001
¢V~ereas:
¢Vhereas:
irorlamatiott
Twenty-oneAmerican citizen-soldiers were killedon Saturday,
March 3, 2001 when the 023 Sherpa transport plane they
were aboardcrashedin ~)nadilla, Georgia, en route to Haval
Air Station Oceana, Virginia ~each, Virginia; and
Bi~hteen of the reservists on 6oardwere members of the 203~r
P~d271orse q~li~I~t of tlte Virginia Air 5hrational Guard, based
at Camp Pendleton, Virginia ~each, Virginia; and
Virginia ~each is a patriotic community that is proudof its
military hemage and its military families, including families
of the Virginia Air Hational Guard's 203~r PP, dylorse q~li~ht:
How, Therefore, I, Meyera ~. Oberndorf Mayor of the City of Virginia $each,
Virginia, do hereby Proclaim March 10, 2 0 01
2 03rd Redy-lorse q ligh t ®ay
In Virginia ~each, and I call upon all citizens and civic organizations to extend their
condolences to the families of the eighteen Virginia ~ir Hational Guard resemists and the
three q¥orida Army Hational Guard aviators who were killed in this tragic accident.
I further callupon allcitizens and6usinesses in Virginia $eacI~ to fly the Ameffcan flag,
andfor allCityflags to be flown at half staff through Sunday, fl4arch 11, 2001.
In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the Oty
of Virginia $each, Virginia, to be affixedthis Bighth day of March, Two Thousand One.
Mayor
- 24 -
Item V-I.
ORDINANCES/RES OL UTION
ITEM # 47896
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl APPROVED IN
ONE MOTION, Ordtnances/Resolutton la b c, 2 a (DEFERRED), 2b , 3, 4, 5, 6, 7 (AS AMENDED), 8,
9, 10, 12, 13 and 14 of the CONSENTAGENDA.
Item 2a was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of March 27, 2001
Item 7 was ADOPTED, AS AMENDED, BY CONSENT.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Councilman Jones wtll vote a VERBAL NAY on Item 13
Councd Lady McClanan wtll vote a VERBAL NA Y on lb ,4, 10 and 13
Counctl Lady Parker wtll ABSTAIN on Item 3 and vote VERBAL NAY on 13
Counctl Lady Wtlson wtll ABSTAIN on Item 3
March 13, 2001
-27-
Item V-I. 1. c.
ORDINANCES/RESOL UTION
ITEM # 4 7899
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED:
Ordmance to AMEND 3~ 2-136 of the Ctty Code re rtght to legal
representation durtng the grievance procedure
Votmg 11-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary ~tlson
Counctl Members Vottng Nay
None
Council Members Absent
None
March 13, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE RIGHT TO LEGAL REPRESENTATION DURING
THE GRIEVANCE PROCEDURE
SECTION AMENDED: 2-136
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-136 of the City Code is hereby amended and
$ reordained to read as follows:
9 Sec. 2-136. Legal representation.
10
The grievant may, at any step beyond thc sccond step ~ of this
11 procedure, be accompanied or represented by an~..~.~~~-=~"~"~ ~ hi-~ ~-
12 hcr ~h~ce a third party who may be legal counsel. Representation
13 of the grievant shall be at the expense of the grievant.
14 Management may likewise be represented by legal counsel at any step
15 beyond thc sccond step ~ of this procedure; provided, however, that
16 management may not be represented by legal counsel at (i) step 3 of
17
this procedure unless the grievant is also represented by legal
18 counsel, or (ii) step 4 of this procedure unless the grievant is
19 represented by a third party. The city attorney or a designated
20 alternate attorney may not simultaneously provide counsel to the
21 personnel board while serving management on the same grievance.
22
23
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13 day of March , 2001.
24
25
26
CA-7976
DATA/ODIN/PROPOSED/02 - 136ord. wpd
R2 - PREPARED: February 12, 2001
ICIENCY:
- 25 -
Item V-I. La.
ORDINANCES/RESOL UTION
ITEM # 47897
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordtnance to AMEND ~ 35-181, 35-182, 35-182 1, 35-182 2, 35-186 and
35-188 of the Ctty Code re Admissions Tax and estabhshlng
admtntstrattve procedures for charitable purposes
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, IlL Margaret L Eure, ~Vtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wllham D Sessoms, Jr and Rosemary VFllson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE ADMISSIONS TAX BY REORGANIZING THE
SECTIONS IMPOSING THE TAX AND ESTABLISHING
ADMINISTRATIVE PROCEDURES RELATING TO TAXES ON
EVENTS CONDUCTED FOR CHARITABLE PURPOSES
SECTIONS AMENDED: 35-181, 35-182, 35-182.1,
35-182.2,35-186 and 35-188
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
10
That Sections 35-181, 35-182, 35-182.1, 35-182.2, 35-186 and
11 35-188 of the City Code are hereby amended and reordained to read
12 as follows:
13 Sec. 35-181. Definitions.
14
The following words and phrases, when used in this article,
15 shall, for the purposes of this article, have the meanings ascribed
16 to them in this section, except where the context clearly indicates
17 a different meaning:
18
~-~'~'-~ "Admission charge" means the ..... ~ amount
A ........... chargc. ~ ....
amus ~ ~ ......... t event which is
19 paid for admission to any cmcnt or cnt~t~ ....
20 open to the qeneral public and to which admission is charqed,
21 exclusive of any federal tax thereon, including a charge made for
22
season
23 cntertainmcnt. In the case of season tickets, the basis for the
24 admissions tax shall be the price of comparable tickets or seats;
25 provided, however, that if there are no comparable tickets or
26 seats, the basis for the admissions tax shall be the price of a
27 season ticket divided by the number of events the season ticket
28 holder is entitled to attend. If an event is comprised of several
29 performances, and an admission charqe must be paid for each
30 separate performance, each performance shall constitute an "event"
31 for purposes of this article. "Admission charqe" shall not include
32 the reqistration fee paid by Dersons who attend a conference,
33 convention, seminar, symposium or similar event provided a majority
34 of the attendees are, prior to reqistration, members of the
35 orqanization conductinq the event.
36
City trcasurcr. "City treasurer" means the treasurer of the
37 city and any of his duly authorized deputies and agents.
38
Ccmmiss~ .... .............of ......... "Commissioner of the revenue" means
39 the commissioner of the revenue of the city and any of his duly
40 authorized deputies and agents.
41
42
44
.... du~d, ~ ..... m~=, cxhibitcd ....
45
46
47
48
49
50
51
52
53
54
..i. %.,~,4..i~ %..&A%.. ~.~..J.~..;~ ~AA%.A %..AA%.. .L..L. J%.%., I ~4.~.~.%.~. ~.~..J. %.~ %..AA%_.~_ ~./ %~A.;.&..&. %.. %.,4. LLLq~L~%--,LLL'~..L,L%~ ~ I
55
56
57
58
59
60
61
64
65 Sec. 35-182.
66
L ..... , ......... Levy of taxes; classification;
amount; administration.
67
68
69
70
72
73
74
76
77
78
79
81
82
83 ~' ~4
~ng ...... ttcd.
84
(a) Pursuant to Code of Virqinia ~ 58-3817, events to which
85 admission is charqed are divided into the followinq classes, and
86 there are hereby imposed and levied the followinq taxes:
87
(1) School-sponsored events. A tax of ten percent (10%) of
88 the admission charge for attendance at public and private school
89 elementary, secondary, and college school-sponsored events,
90 including events sponsored by school-recognized student organizations.
91
(2) Museums, gardens and zoos. A tax of ten percent (10%/ of
92 the admission charqe for entry into museums, botanical or other
93 similar qardens, and zoos.
94
(3) Participatory sports. A tax of five percent (5%) of the
95 amount charged to participate in the following participatory
96 sports: golf courses, tennis, bowling, swimming, roller skating,
97 billiards, and sport fishing boats. Admission charges for
98 spectators who observe, but do not participate in, these sports
99 shall be taxed at the rate imposed and levied by section 35-
100 182(a) (4). The tax levied by this subsection applies only to the
101 participatory sports enumerated above.
102
(4) Admissions; generally. A tax of ten percent (10%) of the
103 admission charqe for all other admissions, including admissions to
104 any place of amusement or entertainment. As used in this section,
105 ~place of amusement or entertainment" shall mean any place or event
106 open to the public and located in the city where amusements and
107 entertainments, including but not limited to the followinq, are
108 located, performed, exhibited or conducted:
109
(i) ~ny motion picture, play, concert, dance or staqe
110 show;
111
(ii) Any sportinq or athletic contest, exhibition or
112 event;
113
(iii) Any circus, carnival, fair or amusement park;
114
(iv) ~ny sportinq or recreational activity, excluding
115
~ny participatory sport enumerated in section 35-
116
182(a) (3), for which participants are charqed to
117
enter the arena or facility;
118
(v) Any lecture, speech or dissertation;
119 (vi) Any show, display or exhibition (e.q., antique
120
show, art exhibition, boat show, car show, computer
121
show, craft show, wine tastinq, etc.); and
122
(vii) Any restaurant, tavern, lounqe, bar, cabaret or
123 club.
124
(b) Admissions; gross receipts to charities. Subject to the
125 conditions set forth below in subsection (d), no tax shall be
126 imposed or levied on the admission charge to attend an event if, as
127 described in Code of Virginia section 58.1-3817, the gross receipts
128 from the event go wholly to charitable purposes.
129
(c) Admissions; net proceeds to charities. Subject to the
130 conditions set forth below in subsection (d), no tax shall be
131 levied on an event if, as described in Code of Virginia section
132 15.2-1104.1, its purpose is solely to raise money for charitable
133 purposes and the net proceeds derived from the event are
134 transferred to an entity exempt from sales and use tax pursuant to
135 Code of Virginia sections 58.1-609.4, 58.1-609.7, 58.~-609.9 or
136 58.1-609.10. For purposes of this subsection, "net proceeds" means
137 the gross receipts derived from an event less the direct, ordinary
138 and necessary costs associated with conducting the event. The
139 phrase "direct, ordinary and necessary costs," as used herein,
140 shall not include any allocable costs attributable to the event
141 organizer's ongoing expenses, such as accounting fees, insurance
142 premiums or the salaries of officers and staff.
143
(d) Conditions and procedures relating to subsections (b) and
144 (c). An "event", as described in preceding subsections (b) and
145 (c), is an occasional or irregular fund-raising activity, not
146 exceeding forty eight (48) hours in length, the gross zeceipts or
147 net proceeds of which go wholly to "charitable purposes" as defined
148 in Code of Virginia section 57-48. The following conditions and
149 administrative procedures shall apply to all such events:
150
(1) The gross receipts or net proceeds must go to an
151
entity (i)organized exclusively for charitable
152
purposes, as reflected in its articles of
153
incorporation, charter or bylaws, (ii)designated by
154
the Internal Revenue Service as a 501(c) (3)
155
organization to which contributions are tax
156
deductible under 26 U.S.C. §7701, and (iii)
157
registered with, or granted an exemption from
158
registration by, the Virginia Department of
159
Agriculture and Consumer Services, Division of
160
Consumer Affairs, Charitable Solicitation Section.
161
Furthermore, any professional solicitor conducting
162
or promoting any such event shall also be required
163
to provide evidence of registration with, or
164
exemption from registration by, the Virginia
165
Department of Agriculture and Consumer Services,
166 Division of Consumer Affairs, Charitable
167
Solicitation Section.
168
(2) Ail determinations concerning the taxable status of
169
events described in this subsection shall be made
170
by the commissioner of the revenue on an event-by-
171 event basis.
172
(3) Any person or organization seeking a determination
173
that an event is not subject to taxation pursuant
174
to this subsection shall apply to the commissioner
175
of the revenue's office at least thirty (30) days
176
prior to such event. Ail such determinations shall
177 be made only by the commissioner of the revenue.
178
The applicant shall supply, on forms provided by
179
the commissioner of the revenue, a description of
180
the event, the cost of admissions to the event,
181
documentation of the charitable purpose(s) for
182
which the proceeds will be used, a copy of any
183
exemption from sales and use tax (if applicable),
184
evidence of compliance with Code of Virginia
185
section 57-49, and such other information as may be
186
required by the commissioner of the revenue.
187
Within fifteen (15) days of receipt of an
188
application, the commissioner of the revenue shall
189
make a preliminary determination as to whether the
190
proposed event is subject to the admissions tax.
191
Within forty-five (45) days of conclusion of the
192
event, the applicant shall provide documentation
193
that the gross receipts or net proceeds of the
194
event have been utilized in accordance with the
195
requirements of subsection (b). The failure of any
196
person to obtain a determination that an event is
197
not subject to taxation, to supply evidence of
198
compliance with Code of Virginia section 57-49, or
199
to otherwise fail to comply with the requirements
200
of this subsection, shall subject the event to
201
being taxed at the rate provided by subsection
202
(a) (4).
203
(4) Within sixty (60) days after the end of each fiscal
204
year, the commissioner of the revenue shall provide
205
the city manager a list of all events benefitting
206 charity for which no admissions tax was paid, and
207
an estimate of the total amount of tax that would
208
have otherwise been paid.
209
(e) Ail taxes levied by this section shall be paid by the
210 person who pays the charge for admission or participation.
211
(f) Ail determinations concerning the classification of
212 events and the applicable tax rate shall be made by the
213 commissioner of the revenue.
214
215
216
Tax on amounts paid for refreshments, service or
merchandise; events subject to tax.
217
218
219
220
,,- 4 %-, .... "1 .4' .4' 4 1~- .4 ~ '
........ , ........ ~ , ............. ~ , roll~ bmll~'
................ s ....... ~, ~ard~, and sport
221
222
(5) ...... ~ ~ thc amount paid to
223
224
225
~^ -~^ ~ ..... ~ by ~^- '
............ ~ ....... t~on 36 182.
226
A tax equivalent to the rate charqed for the appropriate
227 classification is hereby imposed on all amounts paid for
228 refreshments, service or merchandise at any place to which
229 admission is charged or any place of amusement or entertainment, if
230 the purchase of such refreshments, service or merchandise is made
231 in lieu of an admission charqe and required for the privileqe of
232 beinq admitted.
233 Sec. 35-182.2. Barter or exchange.
234
(a) The tax levied
235
236 .... ~
~ .... , pursuant
scot~ ~: ~°~ ~ in section 35-182 is also
237 levied on the fair market value of ~ anN admission or right to
238 participate that is bartered or exchanged for compensation paid
239 other than in cash, if such non-cash compensation is taxable as
240 gross income to the person providing the admission oz' right to
241 participate, pursuant to Treasury Regulations sections 1.61-1 and
242 1.61-2 (d)(1) in effect on July 1, 1999.
243
(b) For the purposes of this section, the term "fair market
244 value" shall mean the face value of tickets or the posted price for
245
~~-~~ to attend an event,
~ ...... ~ ...... be admitted to a place of
246 amusement or entertainment, or participate in a sport enumerated in
247 subsection (a) (8) .
248 Sec. 35-186. Collection.
249
Every person receiving any payment= or any type of
250 compensation other than in cash~ for any admission~ to any placc of
251
.......... t, =~ participation in any sport
............. t ..... t~t~ .... =
252
........ "-'-"-: ":' .... "- ':' '""" ~ ~ '" °~ ~ refreshments rvice
............................... or f~ , se or
253 merchandise_ on which a tax is levied under this article, shall be
254 responsible for collecting the amount of tax imposed by this
255 article from the person making the payment at the time of the
256 payment or compensation for such admission, participation or
257 purchase, and shall be responsible for the payment of such tax if
258 he or she fails to collect same. If tickets or cards of admission
259 are issued, the tax shall be collected at the time for the issuance
260 of such tickets or cards. The taxes required to be collected under
261 this section shall be deemed to be held in trust by the person
262 required to collect the same until remitted as provided in this
263 article.
264 Sec. 35-188.
265
Reports, remittances and deposits by temporary or
transient places of amusement or entertainment.
266 . . .
267
(b) Before any temporary or transient place of amusement or
268 entertainment mentioned in subsection (a) above shall begin
269 operation and before any license shall be issued therefor, if a
270
license is required, the person operating the same shall may be
271 required by the commissioner of the revenue to deposit with the
272 city treasurer a sum of money, to be estimated by the e-~
273 trcasurcr commissioner of the revenue sufficient to cover the tax
274 required to be collected by such person under the provisions of
275 this article, as security for the collection and payment to the
276 city of such tax. At the conclusion of such temporary or transient
277 operation in the city, such person shall file with the commissioner
278 of revenue the report required by this article and pay such tax
279 collected to the city. Upon the filing of such report and the
280 making of such payment, the city treasurer shall refund such
281 deposit. Should any such person fail to file such report and pay
282 such amount of tax collected within five (5) days from the
283 termination of the operation of such amusement or entertainment,
284 the commissioner of revenue may thereupon assess such person with
285 such tax at the amount of such deposit and the city treasurer shall
286 retain such deposit in full payment of the tax collected by and due
287 the city by such person.
10
288 Adopted by the City Council of the City of Virginia Beach,
289
290
291
292
293
Virginia, on this 13th day of March, 2001.
CA-7471
DATA/ODIN/PROPOSED/35-182ORD2REV.wpd
R19
March 5, 2001
11
- 26-
Item V-I.l.b.
ORDINANCES/RES OL UTION
ITEM # 4 7898
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to AMEND 3~ 18-108 of the Ctty Code re Business Licenses to
transient merchants for communtty and non-profit organtzattons
Vottng 1 O- 1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor'
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
Jr and Rosemary Wilson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
March 13, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO BUSINESS LICENSES BY AUTHORIZING THE
ISSUANCE OF A LICENSE TO COVER ALL TRANSIENT
MERCHANTS AT EVENTS ORGANIZEDAND CONDUCTED BY
CERTAIN COMMUNITYAND NON-PROFIT ORGANIZATIONS
SECTION AMENDED: 18-108
WHEREAS, the City of Virginia Beach and its citizens host a
9 number of events in the City each year that boost civic pride and
10 enhance community involvement;
11
WHEREAS, many events are also hosted by non-profit
12 organizations for charitable purposes;
13
WHEREAS, such events are regulated by the City, and most of
14 the merchants participating in these events only do business in the
15 City for brief periods of time; and
16
WHEREAS, the current cost of a business license creates a
17 disincentive for merchants to participate in such events.
18
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
That Section 18-108 of the City Code is hereby amended and
21 reordained to read as follows:
22 Sec. 18-108. Temporary or transient businesses.
23
(a) Except as provided in subsection (b) of this chapter,
24
~e_very person who ~ engage~ in, do or transact~ any temporary
25 or transient business in the city for the sale of any goods, wares~
26 and merchandise or services and who, for the purpose of carrying on
27
such business, shall hire~, lease~, use~ or occupy occupies any
28 building or structure, motor vehicle, tent, car, boat or public
29 room, or any part thereof, including rooms in hotels, lodging
30
houses or house~ of private entertainment, or in any street, alley
31 or other public place, .... pc ...... loss ~..an one year, for the
32 exhibition of or sale of such goods, wares~ or merchandise or
33 services, shall pay for such privilege a tax of $500.00. Any such
34 person conductinq business in the city for thirty (30) consecutive
35 days or more shall obtain the license and pay the tax or fee
36 required by sections 18-5 and 18-5.2 of this chapter. The license
37
by
required this section shall not be
38 transferable.
39
(b) (1) The sale of qoods, wares, merchandise and services
40 in the city by merchants and vendors at a community event or an
41 event conducted by a non-profit charitable orqanization is hereby
42 recoqnized as a distinct activity. Any organization conductinq
43 such an event may obtain an umbrella license from the commissioner
44 of the revenue that will satisfy the business license requirement
45 for business transacted by all reqistered merchants and vendors at
46 the event. For any other business conducted in the city by any
47 such merchant or vendor, the appropriate license required by this
48 chapter must be obtained.
49
(2) The cost of the umbrella license described in
50 subsection (b) (1) shall be ten dollars ($10.00) per merchant or
51 vendor; provided, however, that reqardless of the number of
52 merchants and vendors, the cost of such license shall not be less
53 than fifty dollars ($50.00) nor more than five hundred dollars
($500.00)
55
(3) As used in this section, a "community event" is any
56 fair, show, exhibition, or celebration conducted over a period of
57 less than thirty (30) consecutive days for which a permit is
58 required pursuant to section 4-1 or section 24-6 of this code, and
59 has been obtained. A "non-profit charitable orqanization" means a
60 non-profit corporation orqanized for charitable purposes that has
61 been desiqnated by the Internal Revenue Service as a 501(c) (3)
62 @.rganization.
63 (4) For purposes of this section, a person shall be
64 considered a merchant or vendor at a community or charitable event
65 only if he or she (i) has reqistered with the event orqanizer, and
66 (ii) only conducts business within the boundaries of the area in
67 which the event is held.
68
(5) Any orqanization issued an umbrella license pursuant
69 to subsection (b) of this section shall, within ten (10) days of
70 the last day of the event for which such license was issued, file
71 with the commissioner of the revenue on a form prescribed by the
72 commissioner of the revenue, a final accountinq of the merchants
73 and vendors who actually conducted business at the event.
74
(6) The provisions of this subsection are applicable
75 only to the activities of temporary or transient merchants and
76 vendors, and shall not be applicable to other licensable
77 activities, includinq but not limited to, persons operatinq
78 amusement and recreation parks, businesses or carnivals, street
79 fairs and tent shows. Any person who does business at a community
80 event or event conducted by a qualifying non-profit orqanization
81 and is not reqistered as a merchant or vendor for the event shall
82 be considered a temporary or transient merchant as described in
83 subsection (a), and shall be required to pay the tax required by
84 that subsection.
85
(~) Every person who has not been licensed for at least one
86 year to sell or to offer for sale goods, wares or merchandise, and
87 who shall apply for a license to offer or sell goods, wares or
88 merchandise within the city, shall file, with the application for
89 such license, an affidavit from the owner of the building,
90 structure or other property to be used by such applicant, showing
91 for what period of time the property to be used by such applicant
92 has been hired or leased by such applicant. No license, the license
93 tax for which is set out in this section~ shall be issued unless
94 such affidavit is attached to the application; provided, however,
95 that the commissioner of the revenue may, in lieu of such
96 affidavit, issue a regular merchant's or regular auctioneer's
97 license to any applicant upon the giving of a bond or security in
98 such amount as will equal the specific tax required by this section
99 for a period of one year from the date of the applicant for such
100 license. Such bond or security shall provide that such amount shall
101 be paid to the city in the event and at any time during any such
102 year that the commissioner or of the revenue shall receive
103 sufficient evidence showing that it was the applicant's intention
104 to engage in or transact a temporary or transient business in the
105 city.
106
(e_d) No person shall be exempt from the payment of the license
107 tax imposed by this section by reason of associating temporarily
108 with any local merchant, dealer, trader or auctioneer, or by reason
109 of conducting such temporary or transient business in connection
110 with or as a part of the business in the name of any local
111 merchant, dealer, trader or auctioneer.
112
(~) The provisions of this section shall not apply to the
113 sale, at an auction, or of any wagon, carriage, automobile,
114 mechanics' tools, used farming implements, livestock, poultry
115 (dressed or undressed), seafood, vegetables, fruits, melons,
116 berries, flowers or leaf tobacco; or to the sale of used household
117 furniture and used household effects, when being sold at the
118 residence of the housekeeper desiring to dispose of the same; or to
119 sales made to dealers by commercial travelers or selling agents or
120 regularly established merchants or manufacturers selling to the
121 trade by sample for future delivery from their established place of
122 business; or to the sale of products raised upon lands leased or
123 owned by the seller; or to the sale of vegetables, fruits or other
124 farm products; or to hawkers on the streets; or to the sale of any
125 goods by an assignee, trustee, executor, fiduciary, officer in
126 bankruptcy or other officer appointed by any court of this state or
127 of the United States; or to peddlers licensed under this chapter.
128
129
130
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13th day of March, 2001.
CA-6969
F:\Data\ATY\Ordin~PROPOSED\18-108umbrella.ord
R4
March 2, 2001
Item V-L2.a.
- 28 -
ORDINANCES/RES OL UTION
ITEM # 47900
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd DEFERRED to the
City Council Session of March 27, 2001.
Ordinance re franchise agreements for open air cafes (DISTRICT 6 -
BEACH)
LUNA SEA, INC. at 206 22"a Street (Deferred March 6, 2001)
Vottng 11-0 (By Consent)
Councd Members Votlng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
William D Sessoms, dr and Rosemary Wdson
Council Members Voting Nay
None
Councd Members Absent
None
March 13, 2001
Item V-I. 2. b.
- 29 -
ORDINANCES/RESOL UTION
ITEM # 4 7901
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance re franchise agreements for open air cafes (DISTRICT 6 -
BEACH)
Ordtnance re SURFSIDE RESORT, INC., t/a Ftshbones Restaurant
at 1211 Atlanttc Avenue
Voting 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
None
March 13, 2001
AN ORDINANCE GRANTING A FRANCHISE TO
SURFS IDE RESORT, INC. , FOR THE
OPERATION OF AN OPEN AIR BOARDWALK
CAFe. (NEW FRANCHISE)
WHEREAS, the City has adopted, and incorporated into a
6 Franchise Agreement, regulations for the operation of open air
7 cafes on public property in the Resort Area;
WHEREAS Surfside Resort, Inc. (t/a Fishbones Restaurant)
9 (hereinafter ~Grantee")has submitted an application for the
10 operation of an open air boardwalk caf~ at 1211 Atlantic Avenue,
11 and has paid the required application fee.
12
WHEREAS, the representations made in the Grantee's
13 application comply with the aforementioned regulations; and
14
WHEREAS, the Department of Convention and Visitor
15 Development and the Resort Advisory Commission have reviewed the
16 application and determined that the proposed caf~ will have no
17 detrimental effect on the public health, safety, welfare, or
18 interest, and will enhance the festive atmosphere in the Resort
19 Area.
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22
1. That a franchise is hereby granted to Surfside
23 Resort, Inc., to operate an open air boardwalk caf~ at 1211
24 Atlantic Avenue from May 1, 2001, to April 30, 2002, conditioned on
25 the Grantee's provision of an approved final site plan, liability
26 insurance coverage, a security bond, and the applicable franchise
27 fee, and on the Grantee's compliance with all of the terms and
28 conditions of the Franchise Agreement; and
29
2. That the City Manager, or his duly authorized
30 designee, is hereby authorized to enter into a Franchise Agreement
31 with the Grantee subject to the aforementioned conditions.
32
33
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of March
, 2001.
CA-8043
ORDIN\NONCODE\Surfside Resort, Inc.franchise ord
March 1, 2001
R2
APPROVED AS TO CONTENT:
Dev nVenti'on & Visitor
elopment
APPROVED AS TO LEGAL
SUFFICIENCY:
_~y ~%torney's Office
CVD RESORTT Fax : 4225666 Mar 07 16:54
PROPERTY FRONTING 175' ON EAST SIDE OF
ATLANTIC AVENUE, SOUTH OF 13TH STREET
BETWEE~ ATLANTIC AVEI~UE AND OCEAN AVENUE
REFEI~NCE D~,ED RECOILED IN D.B.2402 , PG.39 , IN THE CL~'S
OFFICE OF THE CIRCUIT COURT, VIRGIniA BEACH, VIRGINIA
VIRGINIA BEACH, VIRGINIA
FOR
8URFSIDE RESORTS, L.L.C.
8CA~: 1" = :tO*
JULY 28,
_ .m, i i .... iii _ _ _ imll i mm . __
.... ! _ II I _.1~._ I I I ____ I~ .....
Bill I ...... ~11 _ · · i _
Item VJ.$.
- 30-
ORDINANCES/RES OL UTION
ITEM # 4 7902
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Ordtnance to authorize the acquisition of property for the North Lake
Holly Watershed temporary and permanent easements, etther by
agreement or condemnatton re construction of stormwater management.
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf and Vice Mayor Wtlham D
Sessoms, Jr
Council Members Vottng Nay
None
Counctl Members Abstatntng
Nancy K Parker and Rosemary Wdson
Counctl Members Absent
None
Counctl Lady Parker ABSTAINED and DISCLOSED ownershtp of property tn thts area Although, the
Ctty Attorney has advtsed she would be a member ora group dtsclosmg ownershtp of property that mtght
affect the value of theproperty, she would have the rtght to vote However, Counctl Lady Parker, for the sake
of appearances, wtshed to ABSTAIN
Counctl Lady Wtlson wtshed to ABSTAINED as she had not recetved prtor tnformatton and was not
thoroughly knowledgeable with thts parttcular ttem She dtd not return to the Ctty unttl late last mght
March 13, 2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR
NORTH LAKE HOLLY WATERSHED (CIP 7-005)
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia,
a pubhc necessity exists for the construction of this important stormwater prqject to prowde
proper drmnage and for other public purposes for the preservation of the safety, health,
peace, good order, comfort, convemence, and for the welfare of the people in the C~ty of
V~rg~nia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the C~ty Council finds that there is a public necessity for this
stormwater project and authorizes the acquisition by purchase or condemnation pursuant to
Sections 15.2-1901, et seq., Code of V~rg~ma of 1950, as amended, of all that certain real
property in fee simple (the "Property") and temporary and permanent easements (the
"Easements") as shown on the plans (the "Plans") entitled "North Lake Holly Watershed, CIP
7-005" (the "Project"), and more specifically described on the acquisition plats for the ProJect
(the "Plats"), the Plans and Plats being on file ~n the Engineering D~vision, Department of
Public Works, City of V~rg~nia Beach, Virginia.
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the City of V~rg~ma Beach, to the extent that funds are avmlable, a reasonable
offer to the owners or persons having an interest in the Property and in the Easements. If
refused, the City Attorney ~s hereby authorized to institute and prosecute proceedings to
condemn the Property and the Easements.
Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma, on the
of t~rch ., 2001.
PREPARED February 20, 2001
REVISED February 26,2001
13t:h day
A~qp~OVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY ANI}~ORM
CI~Y A;FTORNE~' ~
LOCATION MAP SCALE : 1" -- 1,800'
LOCATION
NORFOLK AV
LOCATION
MAP
FOR
NORTH LAKE HOLLY
CIP #7-005
SCALE: 1" = 600'
~2
PREPARED BY P/W ENG. DRAFT. 21-FEB-2001
Item V-I.,t.
- 31 -
ORDINANCES/RES OL UTION
ITEM # 4 7903
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED:
Or&nance re UNITED STATES FIELD HOCKEY ASSOCIATION
(USFHA):
a ESTABLISH Capttal ProJect- Multi-Use Recreational Fields
b TRANSFER $1,100, O00from vartous projects
c APPROPRIATE $400,000 tn revenue from partnership wtth the
USFHA
d. APPROVE prehmtnary term sheet wtth the USFHA and
recommend approval by the Vtrgtnta Beach Development
Authortty
Vottng 10-1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
March 13, 2001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO (A) AMEND THE CAPITAL
BUDGET BY THE ESTABLISHMENT OF CAPITAL
PROJECT #4-028, MULTI-USE RECREATIONAL
FIELDS, TO TRANSFER $1,100,000 FROM VARIOUS
PROJECTS TO CAPITAL PROJECT #4-028, AND TO
APPROPRIATE $400,000 IN REVENUE FROM A
PARTNERSHIP WITH THE UNITED STATES FIELD
HOCKEY ASSOCIATION TO CAPITAL PROJECT #4-
028 TO CONSTRUCT A MULTI-USE COMMUNITY
RECREATIONAL FIELD AND (B) APPROVE A
PRELIMINARY TERM SHEET WITH THE UNITED
STATES FIELD HOCKEY ASSOCIATION
REGARDING THE CONSTRUCTION, USE AND
OPERATION OF THE MULTI-USE RECREATIONAL
FIELD AND RECOMMENDING APPROVAL BY THE
VIRGINIA BEACH DEVELOPMENT AUTHORITY AND
AUTHORIZING THE PREPARATION OF DEFINITIVE
AGREEMENTS IN FURTHERANCE THEREOF
19
WHEREAS, the Outdoors Plan 2000 update identified the need for additional
20 recreational fields for community use;
21
WHEREAS, the United States Field Hockey Association has agreed to enter ~nto a
22 partnership with the City for the construcbon, operation, and joint use of multi-use fields,
23 the preliminary terms of which are set forth in the Term Sheet attached to this Ordinance
24 (the "Term Sheet");
25
WHEREAS, the Association has indicated that they will require use of the facdity for
26 a limited number of days a year, with the remaining days being available for City
27 designated usage;
28
WHEREAS, since the community would benefit from the visibility of being the home
29 of the United States Field Hockey Olympic Team, the City proposes creating Capital
30 Project # 4-028, Multi-Use Recreational Fields, to construct a field hockey facdity, including
31 building an artificial-turf, multi-use field, for the use of the community as a whole and that
32 wdl accommodate the limited needs of the United States Field Hockey Assoc~abon;
33
WHEREAS, $400,000 is being provided by the United States F~eld Hockey
34 Association for the design and construction of new multi-use recreational fields;
35
WHEREAS, sufficient funding is available in the following Capital Projects to transfer
36 $1,100,000 to Capital Project #4-028, Multi-Use Recreational Fields, without affecting the
37 complebon of scheduled work:
38
(a) $357,500 from Capital Project #4-014, MT Trashmore District Park Capping
39 and Restoration;
40 (b) $29,588 from Capital Project # 9-004, TPC - Virginia Beach;
41
(c) $104,144 from Capital Project # 9-254, Heron Ridge Golf Course;
42
(d) $10,000 from Capital Project# 9-290, Nature-Based V~sitation Development;
43
(e) $98,768 from Capital Project # 9-198, Burton Station (Partial); and
44
(f) $500,000 from Capital Project # 3-024, Virginia Beach Juvenile Detenbon
45 Center; and
46
WHEREAS, the City Councd is ofthe opinion that the construction of multi-use fields
47 and the joint construction and use of such fields with the United States Field Hockey
48 Association will be beneficial to the City and is desirous that the City and the Authority
49 approve and execute the Term Sheet.
5O
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, Virginia:
52
1. That the Capital Budget is hereby amended by the establishment of Capital
53 Project # 4-028, Multi-Use Recreational Fields.
54
2. That $1,100,000 is hereby transferred to Capital Project #4-028, Mulb-Use
55 Recreational Fields, from the following sources:
56
(a) $357,500 from Capital Project #4-014, MT Trashmore District Park Capping
57
and Restoration;
58
(b) $29,588 from Capital Project # 9-004, TPC - Virginia Beach;
59
(c) $104,144 from Capital Project # 9-254, Heron Ridge Golf Course;
60
(d) $10,000 from Capital Project # 9-290, Nature-Based Visitation Development,
61
(e) $98,768 from Capital Project # 9-198, Burton Station (Partial); and
62
(f) $500,000 from Capital Project # 3-024, Virginia Beach Juvenile Detention
63 Center.
64
3. That $400,000 of anticipated revenue from the United States Field Hockey
65 Association is hereby appropriated to Capital Project # 4-028, Multi-Use Recreabonal
66 Fields.
67
4. That the City Manager is hereby directed that the funds transferred from Capital
68 Project #-4-014 and Capital Project #3-024 be reinstated in the FY 2001-02 Capital
69 Improvement Program.
70 5. The City Council approves the Term Sheet attached hereto which outlines the
71 preliminary and proposed terms of an agreement to be entered into between the City and
72 the United States Field Hockey Association regarding the construction, operation and joint
73 use of artificial-turf multi-use fields, and authorizes the execution of the Term Sheet by the
74 City Manager.
75
6. The City Council recommends that the City of Virginia Beach Development
76 Authority adopt a Resolution approving the Term Sheet, authorizing its execution, and
77 authorizing the City Manager and the City Attorney, on behalf of the City and the Authority,
78 to proceed with the preparation of definitive documents which are necessary and
79 appropriate to effectuate the terms contained in the Term Sheet.
80
7. The City Manager is further directed to return the definitive agreements in
81 furtherance of the Term Sheet for approval by City Council and the Authority and for
82 authorization to execute such definitive agreements so the City can then proceed with the
83 project.
84
Adopted by the Council of the City of Virginia Beach, Virginia, on the z3 day of
85 March, 2001.
APPROVED AS TO CONTENT:
a~agement Serv~s~
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
F \Data~ATY~Ord~n\NONCODE\ca8014 ord 1 wpd
Item V-I.$.
- 32 -
ORDINANCES/RESOL UTION
ITEM # 4 7904
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Ordtnance to APPROPRIATE $631,983 to the FY 2000-01 operating
budget of the Department of Conventton and Vtsttor Development re
expandmg the City's Tourism Advertising program (Deferred March 6,
2001)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Iftlham If Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, gtce Mayor
W~lllam D Sessoms, dr and Rosemary If llson
Counctl Members Voting Nay
None
Counctl Members Absent
None
March 13, 2001
AN ORDINANCE TO APPROPRIATE $631,983
FROM FUND BALANCE IN THE TOURISM
ADVERTISING PROGRAM FUND TO THE FY
2000-01 OPERATING BUDGET OF THE
DEPARTMENT OF CONVENTION AND VISITOR
DEVELOPMENT TO EXPAND THE CITY'S
TOURISM ADVERTISING PROGRAM AND TO
PROVIDE IMMEDIATE ACCESS TO FUNDS IN
CASE OF EMERGENCIES
10
WHEREAS, the Tourism Advertising Program Fund was
11 established by the City Council to provide a consistent funding
12 source for both the City's tourism advertising program and for the
13 Visitor Information Center;
14
WHEREAS, the Department of Convention and Visitor
15 Development wishes to increase funding in support of tourism
16 advertising programs such as sports marketing initiatives, regional
17 cooperative advertising campaigns and new marketing initiatives;
18
WHEREAS, the Department of Convention and Visitor
19 Development and the City's Advertising Advisory Committee also
20 recommend that emergency funds for advertising purposes be readily
21 available in case of a natural disaster or serious economic
22 conditions that impact the City's tourism industry; and
23
WHEREAS, there are sufficient funds within the fund
24 balance of the Tourism Advertising Program Fund to provide $631,983
25 to expand the tourism advertising program and to provide immediate
26 access to funds for advertising purposes in case of emergencies.
27
28
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
29
That $631,983 is hereby appropriated from the fund
30 balance in the Tourism Advertising Program Fund to the FY 2000-01
31 Operating Budget of the Department of Convention and Visitor
32 Development for the purpose of expanding the City's tourism
33 advertising efforts and providing immediate access to funds for
34 advertising purposes in case of emergencies.
35
3~
37
38
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 13th day of March, 2001.
Requires an affirmative vote by a majority of the members
of City Council.
39
40
41
42
CA8028
F: ~Data\ATY\Ordin\NONCODE\TAP. ord. wpd
February 27, 2001
R-2
43
44
45
46
APPROVED AS TO CONTENT:
Management Ser '
APPROVED AS TO LEGAL
SUFFICIENCY
~[~ At-to~ne~JT~ OffiCe
- 33 -
Item V-L6.
ORD INANCES/RES OL UTION
ITEM # 4 7905
Upon morton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED:
Ordmance to APPROPRIATE $4 74, 06 7from the federal government and
$33, 750 from the state to the FY 2000-01 operating budget of the
Department of Mental Health, Mental Retardatton and Substance Abuse
(MHMRSA) re mcreased servtces to clients and estimated revenue be
adJusted accordingly
Vottng II-0 (By Consent)
Council Members Votlng Aye
Llnwood 0 Branch, III, Margaret L Eure, IVdham I4' Harrison, Jr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Mandlgo, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D Sessoms, dr and Rosemary I/Vtlson
Council Members Voting Nay
None
Council Members Absent
None
March 13, 2001
AN ORDINANCE TO ACCEPT AND APPROPRIATE $33,750
FROM THE STATE AND $474,067 FROM THE FEDERAL
GOVERNMENT TO THE FY 2000-01 OPERATING BUDGET
OF THE DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE SERVICES TO
PROVIDE INCREASED SERVICES TO CLIENTS
WHEREAS, the City has received $33,750 in extra state
8 funding to provide additional services to clients in its Jail
9 Initiative Program; and
10
WHEREAS, the City also has received $474,067 in
11 additional federal funding to develop and implement outreach
12 efforts, treatment and support to Virginia Beach residents
13 suffering from mental illness and substance abuse problems, which
14 requires the addition of 5.0 full-time equivalents.
15
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
17
1. That $33,750 is hereby accepted from the State
18 Department of Mental Health, Mental Retardation and Substance Abuse
19 Services, and appropriated to the FY 2000-01 Operating Budget of
20 the Department of Mental Health, Mental Retardation and Substance
21 Abuse Services to provide additional services through its Jail
22 Initiative Program.
23
2. That $474,067 is hereby accepted from the U. S.
24 Department of Health and Human Services, Substance Abuse and Mental
25 Health Services Administration, and appropriated to the FY 2000-01
26 Operating Budget of the Department of Mental Health, Mental
27 Retardation and Substance Abuse Services to develop and implement
28 outreach efforts, treatment and support to Virginia Beach residents
29 suffering from mental illness and substance abuse problems.
30
3. That 5.0 full-time equivalent positions are hereby
31 added to the Department of Mental Health, Mental Retardation and
32 Substance Abuse Services' FY 2000-01 Operating Budget.
33 4. That funding for the state-funded and federal-funded
34 services and programs described in this ordinance is contingent
35 upon continued state and federal funding, respectively, and if this
36 funding is reduced or eliminated, then the programs or services, as
37 well as the positions added to provide the programs or services,
38 will be reduced accordingly.
39
5. That estimated revenue in the Department of Mental
40 Health, Mental Retardation and Substance Abuse Services' FY 2000-01
41 Operating Budget is hereby adjusted to reflect $33,750 in
42 additional revenue from the Commonwealth of Virginia and $474,067
43 from the federal government.
44
45
Adopted by the Council of the City of Virginia Beach,
Virginia, on the. 13th day of March , 2001.
46
47
Requires an affirmative vote by a majority of members of
City Council.
48
49
50
51
CA8040
F: \Data\ATY\Ordin\NONCODE\ csb. ord. wpd
March 6, 2001
R-3
52
53
54
55
APPROVED AS TO CONTENT:
~a~ices
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorn~/~s OffiCe '
Community Services Board
City Council Agenda Item Brief Sheet
February 27, 2001
Background:
CSB has non-budgeted revenue from 2 Sources that needs to be appropriated
by council into the FY 2001 Budget
Details
· New State Dollars
PATH Funds(S7,748) additional funds These are funds added to our
Letter of Notification in January
Additional funding for SA Jail Initiative ($26,002) to be used for support
to 132 inmates These funds also show on our January Letter of
Nobficabon.
· Federal Grant
New 3 year grant awarded to the CSB from US Department of Health and
Human Services, Substance Abuse and Mental Health Adm~nlstrabon
($474,067 per year) to provide outreach, treatment, and supports to VB
residents dually d~agnosed w~th Mental Illness and Substance Abuse
Problems Requires 5 new FTE's
· Pos~bons Summary
5 0 Full-time equivalents
· All clinical pos~bons
· 4 Clinician II
· 1 Clinician III
C~ty of V~rg~n~a Beach Community Services Board
Mental Health/Substance Abuse Division
FY01 Appropriations, February, 2001
Fund #
Budget¢
Grant#
Budget Unit Name
(la) (lb) (lc) (lc)
185
23971
050760O
SA Jail
Initiative
185
23952
0501600
Path
Grant
185
23975
XXXXXXX
SAM H SA
137
23101
Program
Suppo~
TOTAL
Expenditure Line Items:
PERSONAL SERVICES
601130 Professional Salanes
601401 Contracted Manpower
TOTAL
FRINGE BENEFITS
602101 FICA
602104 FICA - Medicare
602201 Rebrement - VRS
602301 Health & Dental Insurance
602302 L~fe Insurance - VRS
TOTAL
CONTRACTUAL SERVICES
603103 Other Professional Services
603407 Other Purchased Services
TOTAL
INTERNAL SERVICES
604101 Mainframe Computer Services
604201 City Garage Charges
Fuel Charges
TOTAL
OTHER CHARGES
605203 Telecommunications
605402 Lease/Rent of Buddings & Land
605501 Professional Improvement
605502 Routine Travel
TOTAL
SUPPLIES
606001
606OO4
606O11
606110
606412
606420
606427
0 0 205,000 0 205,000
0 0 9,526 22,000 31,526
0 0 214,526 22,000 236,526
0 0 12,710 0 12,710
0 0 2,973 0 2,973
0 0 28,393 0 28,393
0 0 10,500 0 10,500
0 0 718 0 718
0 0 55,293 0 55,293
0 0 78,300 0 78,300
7,748 12,180 0 19,928
0 7,748 90,480 0 98,228
0 0 4,320 0 4,320
0 0 8,200 0 8,200
0 0 0 0
0 0 12,520 0 12,520
0 0 780 0 780
0 0 960 0 960
550 0 3,680 0 4,230
0 0 4,200 0 4,200
550 0 9,620 0 10,170
Office Supphes
Medical Supplies
Instructional Supplies
M~crocomputer
Books & Subscriptions
Food and Food Service Supphe',
Recreational Supphes
TOTAL
OUTLAY
CAPITAL
607105
8,052 0 2,500 0 10,552
0 0 18,500 0 18,500
13,000 0 1,000 0 14,000
0 0 5,600 0 5,600
4,400 0 0 0 4,400
0 0 15,518 0 15,518
0 0 2,800 0 2,800
25,452 0 45,918 0 71,370
TOTAL 0 0 36,230 0 36,230
TOTAL EXPENDITURES:
26,002 [ 7,748 1452,067 [ 22,000 J 507,817
Revenue Line Items:
433033 Substance Abuse Federal
433267 MH PATH Grant
7,748 0 0 7,748
2~ECK ONE _e:te~ ct Not~fica[~o~
< Letter of Notification ~ews,oa ,Date
CSB VIRGINIA BEACH COMMUNITY SERVICES BOARD
REVENUES FOR SERVICES DETAIL
2 280,450 MH General Funds
Regional Deaf Serwces
2 000 NGRI- gmchargeAssmtance
Wa~tmg Ust
MH/SA Jarl Services
One T~me General Funds
6,5 181 Residential Ser',aces
01122/01
COST OF SERVICES
1 Personnel Expense
"Operating Expense
3 Program Suppocl Exr3ense
"TOTAL Expenses
FY2001
Local Gov't
Contnbubons
In-K~nd
Other Local
O~rec Cl~ent
Blue Cross
Other insurance
Mec]~care
Med~caid SPO
Medicaid Clinic
Medicaid Other
SSBG
CHAMPUS
Courts
ORS Chent
Schools
Other Fees
Transfer (To)f rom
2 389 676
25,075
223,510
8,558
PATH 3)
PATH Housing
S'vVVM H Board
FBG / SED C and A 4)
FBG t SMi
Other Federal
Restricted Federal
Federal Retained Earnings
One 'l'~me F~deral Funds
Access Demo Project
VA Comp Comm Care
Shelter Plus
St Retain Earmngs
Other
TOTAL REVENUES FOR SERVICES
STATE LOCAL
2,347,631
FEE
COLLECTIONS
FEDERAL OTHER TOTAL
20i8 461 MH GF
6629 FY00MH SPOMatchOwedCSB
4 922 FY 01 COLAAdj
250 438 HPR V Pharmacy Pilot
2,280,450 Revised MH GF
2 000 NGRI-D~schargeAsslstance Itr 8/15/00
2 728
1,444
20 903
25,075
138 510
85 000
223,510
8 558
8,558
PATH
Incen'~ve FY99 & FYOS 2nd Qtr
New Award
Revised PATH ¢
FBG/SED C&A
Children W/& At R~sk Contract
Revised FBG/SED C&A
PATH
Federal Retained Earnings
REVISED 1/22/01 4/24/00
RICHARD E KELLOGG
COMMISSIONER
Department Of .~ ,4 ~ ..... :~,~ ~
~ental Hea~h, Mentd R~arda~n and Sub~ance Ab~e Se~es
Tel:phone (8~) 78~3921
Po~ O~e Box 1797 Vo '.e~DD (8~) 3714977
R~n& ~~ 23218-1797 wwv' dmhmrsas state va us
August 30, 2000
Terry. Je -nkms, Ph D, Executa~e Dtrector
Vtrgtma Beach CSB
Pembroke Stx, State 208
Vu'~mma Beach, Vtr~mma 23462-289
Dear Dr Jenkins
The purpose of flus letter ~s to advme you of the tr:,'mt~on of your Res~dennal Substance Abuse
Treatment Program for State Pnsoners (RSAT) Project to o 'ntmued funding under the Department's Jad
Servmes Imnauve The Department, m cooperation w-tth fl~c )epartment of Criminal Jusnce Servvzes (DCJS)
has created fi:us trutmuve by combining General Funds allocated to the Department for th~s purpose w~th
funds appropriated to DCJS The total amount of funding available for the JM Serwces Imaaavc m SFY
2001 ~s $925,000, $700,000 of these funds were allocated' ~ the General Assembly from the fedcral
Intensified Drug Enforcement Junsdictmns Fund (IDEA) tn vach year of the Nenmum (SFY 200 i- 2002) to
DCJS and are not obbgated be~'ond tlms tmae Thc reminder, $225,000, are State General Funds and were
allocated to the Department spemfically for tNs purpose
You have been allocated $192,363 for SFY 2001 fr'r the Jarl Servtces lnmanye Tbs amount
mcludes $145,5 72 m federal DEA funds and $46,791 m state general funds from the Department These
funds and the consumer, service and ~cpencbture mformatio assoctated wnth them should be reflected m a
remsed performance contract and subsequent associated re[. ~ts on Form 100 A revised letter o~ notgScaUon
'¢,nll be forwarded m the near future Much wall reflect tNs a, ard
Please note that the quarterly meetings and project ~ ports uall continue to be reqmred I1~ ou have
any quesuons regarding fiscal ~ssues, contact Brad Bradfor<, at (804) 786-3454 or call Ken Batten m the
Office of Substance Abuse Servmes at (804) 786-3906
Sincerely,
/kbb
pc
Cathleen J Newbanks
Joy Ych
Lev, ns E Gallant, ?h D
Rmhard E Kellogg
Paul R G~ldmg
Bob Schrmd
Pm,1 Cole
Arthur W B),d. Jr
Brad Bradfor(t
S~,tvta Campt. cll
"ATE SSL, Er~ '~o.D~y,¥rl 0 ~ '-' "/ · il.) L I 2 C=DA,'~U q~ '-' 30
I
3 SLPERSEOES AWARD NOTICE oared 0 9 / 2 0 / .7 0 0 0 excep( lhal any additions or
restnchons prewously ~mposed remam ~n effecl unless specifically rescinded
4GRANTNO 6 H79 TI12382-01-1 5-~0MINISTRATIVEC00ES
TI-H79 / TCE
Fon~erly
PROJECT PERI00 Mo ,Oay/'Yr Mol0 ay/¥r
From 09 / 30 / 2000 [ Throuqh 09 / 2 9 / 2003
8UOGET PERIOD Mo ,Oay/Yr Mo IDaylYr
From 0 9 / 3 0/2 0 0 0 J Through 0 9 / 2 9 / 2 0 0 1
OEPARTMENT OF HEALTH AND HUMAN SERVICES
PUBLIC HEALTH SERVICE
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
REVISED
NOTICE OF GRANT AWARD
AUTHORIZATION (Legislation/Regulation)
Sectmon 501 (D) (5) , PHS Act
As Amended (42 USC 29044)
Funded by CSAT
TITLE OF PROJECT (OR PROGRAM) (Um~t to 56 spaces)
24-Hour Dual Dmagnosms Assertmve Communmty-Based Srvs
gGRA~EEN~EANDAOORESS
City of Vlrgmn~a Beach
Pembroke 6, Suzte 208
d Vzrgznza Beach
e VA f 23462
t0 01RECTOR OF PROJECT fPROGRAM OlREC FO~PRINCIP~ IN~SDGA~R) (~ST N~{E FIRST AN0 AODRESS)
Keenan, Doris "Dee"
C~ty of Vmrg~nma Beach
Pembroke 6, Suite 208
Virginia Beach, VA 23462
APPROVED BUDGET fExcludes PHS O~rect ;,,ss~stancel
PHS Grant Funds Only
Torn prelect costs ,nc'udmg grant ~unds and all other ~,nanclal
(Select one and place NUMERAL m box )
I J
a Salanes and Wages S 1 7 8, 7 7 6
b Fr,nge 8enefils S 1 3, 6 7 6
c Total Personnel Costs S ! 9 2 , 4 5 2
d Consultanl Costs 0
e Equ,pmem 44 , 23 0
f Supphes 74, 850
g Travel 4, 200
h PeDant Care Inpabent 0
, Outpatient 0
I Altera[~ons and Renovations 0
k Other 126, 815
I consortium/contractual Costs 3 'L, 5 2 0
m Tramee Related Expenses 0
n Tramee Shpe~ds 0
o Trainee Tu~hon and Fees 0
p Tramee Travel 0
q TOTAL DIRECT COSTS -~ $ 4 7 4, 0 6 7
r INOIRECT COSTS (~m 0 0 % of S&W/'TAOC) S 0
$ TOTAL APPROVED BUDGET S & 7 ~ , 067
[. S81R Fee S
u Federal Share S 474 , 067
,~ Non Feceral Share $ 0
REMARKS (~er Te~s and Cond,~ons A~ached Yes / No )
Th~s award ~s revmsed to approve key staff
Dorms ( Dee ) A Keenan as the Program
refects total cost ( Dmrect ~ Indirect
AWARD COMPUTATION FOR FINANCIAL ASSISTANCE
a Amount of PHS F,nanc,al Ass,stance (from ,tern flu) $ 4 ? 4, 067
o Less Unobhga~ed Balance From Prior Budget Periods S 0
c Less Cumulahve Prior Award(s) Th~s Budget Period $ 4 7 4 , 0 6 7
d AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION S 0 J
RECOMMENDED FUTURE SUPPORT ISUBJEC r rD rile AVmL~elUrY OF rUNGS AND SA TISFAC tORY PROGRES'; OF FNE PROJEC T)
~R J
a 02J 474,067
TOTAL COSTS (OlRFCT and INDIRECT)
TOTAL COSTS (DIRECT and INOIRECT~
YEAR J
14 APPROVED DIRECT ASSISTANCE BUOGET (IN LIEU OF CASH)
a Amount of PHS Direct Assistance
b Less Unobllgated Balance From Prior Budget Periods
c Less Cumulabve Pr,or Award(s) Th~s Budget Period.
d AMOUNT OF DIRECT ASSISTANCE THIS ACTION
N/A
15 PROGRAM INCOME SUBJECT TO 45 CFR PART 74 SUBPART F OR 45 CFF' 32 25 SUALL BE USED IN ACCORD WITH ONE OF
THE FOLLOWING ALTE 'NATIVES (Select One and Place LETTER m box )
a DEDUCTION
b ADDITIONAL COST3
d OTHER RESEARCH (Addvl~educfOpt~on)
e OTHER (See REMARKS)
18 THIS AWARO IS BASED ON AN API:~ICATION SUBMI'rrED TO AN0 AS APPROVED BY THE ~HS ON THE ABOVE TI~-':D; r'OJECi' ANO IS Sbg~EC'
fO TNE TEI~MS AN0 CONOITIONS INCORPORATED EITHER DIRECTLY OR 8Y ~EFE~E~'ICE ~ti D'c FOLLOWING
a The grant program leg~slahon cted above b The grant program regul'~hon oted abo,'~
c The award notice .ncludmg terms and condR~ons ~f any noted b.,Iow um .r REMARKS
d PHS Grants Policy Statement ~ncludlng addenda ~n effect as of the begin mg date of 'he budget p~'rlcd
e 45 CFR Part 74 or 45 CFR Part 92 as apphcabte
In the event there are confhctlng or otherwise ~nconslstent oohcles ]~[31t~.3[ TM ~O the gr3nt Il .~ above order of
orecedence shatl prevml Acceptance of the grant terms and cond,hons ts .~, knowledged by 'he g-antee when
~unds are drawn or cther,.wse obramed from the grant payment s¢slem
changes~Der your letter of ~,/-'0/0~_=, . to mnclude
Dzrector Recommended future support ( lzne 13 )
) Ail prevmous terms and condzt~ons rgmamn ~:~ effect
GMS S~ (301) 443-9667
PHS GRANTS (Name- Typed./P'~nt)
Hudak, Stephen J
,~ o~J c~,ss / 41 ~5 j,~ CRS
P'CAN OOCUMENT
2oa 2000C96T032 ~ HgTI12382A
21a b c
PO Rulz, Jane F (301) 44? -8237
(~tle)
Grants Management Of L~cer
154072206141 j t~ LIST N['
,.tCMI',IIS T P.A'rI~ COOE
AMT ACTION Flq AS,ST
AMT ACT CN OIR AS,ST
e
e
PHS S 152 3 (REV 7192) (Note 3Pe re ~erse for payment ,ntormal:on )
Item V-I. 7.
- 34-
ORDINANCES/RESOL UTION
ITEM # 47906
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED, AS
AMENDED:
Ordtnance to TRANSFER $2,510, O00 from the Juvende Detentton Center
to the Southeastern Parkway and Greenbelt and authorize acquisition of
property by agreement or condemnation
Votmg 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wilson
Council Members Vottng Nay
None
Councd Members Absent
None
March 13, 2001
AN ORDINANCE TO TRANSFER $2,510,000
FROM CAPITAL PROJECT #3-024 JUVENILE
DETENTION CENTER TO CAPITAL PROJECT
#2-089 SOUTHEASTERN PARKWAY AND
GREENBELT AND TO AUTHORIZE
ACQUISITION OF PROPERTY BY AGREEMENT
OR CONDEMNATION
WHEREAS, the Virginia Department of Transportation and the City of Virginia Beach
9 recognize, through their respective Capital Improvement Programs, that a new expressway is needed
10 in the vicinity of the Castleton Subdivision as part of the overall improvement of the Southeastern
11 Parkway and Greenbelt;
12
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
13 necessity exists for the construction of this important roadway project and intersection Improvements
14 to provide transportation and for other public purposes, and for the preservation of the safety, health,
15 peace, good order, comfort, convenience, and welfare of the people in the City of Virginia Beach;
16
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
17 necessity exists for the public purposes set forth above to acquire in fee simple the property now or
18 formerly owned by Taylor Farm Associates, L.L.C., and Castleton London Bridge Community
19 Association, Inc., a Virginia non-stock corporation (the "Property"),ldentlfied on the map entitled
20 "THE TAYLOR FARM. PART OF 2404-09-2457 · GPIN 2404-19-5441 · GPIN 2404-39-1492,"
21 attached hereto as "Exhibit A";
22
WHEREAS, $2,510,000 1s needed to acquire the Property necessary to build the Parkway
23 and Greenbelt, and is available to be transferred from Capital ProJect #3-024 Juvenile Detention
24 Center.
25
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
1. That the City Council finds that there is a public necessity for this roadway project
28 and authorizes the acquisition, in fee simple, by purchase or condemnation pursuant to Sections
29 15 2-1901, et seq., Code of V~rglnla of 1950, as amended, of all that certain real property as shown
30 on the plans (the "Plans") entitled "Southeastern Parkway and Greenbelt, CIP 2-089" (the "Project"),
31 and more specifically described on the acquisition plats for the ProJect (the "Plats"), the Plats and
32 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia
33 Beach, Virginia and identified on the map entitled: "THE TAYLOR FARM · PART OF 2404-09-
34 2457 · GPIN 2404-19-5441 · GPIN 2404-39-1492, attached hereto as "Exhibit A ,.
35
2. That the City Manager is hereby authorized to make or cause to be made on behalf
36 of the C~ty of V~rginia Beach, to the extent that funds are available, a reasonable offer to the owners
37 or persons having an interest in the Property. If refused, the City Attorney is hereby authorized to
38 ~nstltute and prosecute proceedings to condemn the Property and the Easements.
39
3. That $2,510,000 is hereby transferred from Capital ProJect //3-024, Juvemle
40 Detention Center, to Capital Project//2-089, Southeastern Parkway and Greenbelt, to acquire the
41 Property necessary to build the Parkway and Greenbelt.
42
4. That the City Manager is hereby d~rected that the funds transferred from Capital
43 ProJect//3-024 be reinstated ~n the FY 2001-02 budget.
44
Adopted by the Council of the City of Virg~ma Beach, V~rg~nia, on the ~ day of March,
45 2001.
46
47
48
49
CA-8012
odin/noncode/castletonord.wpd
R-1
March 6, 2001
50
51
52
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
!
I
,,, P
V s,T qTqx~I
- 35 -
Item I/-1.8.
ORDINANCES/RESOL UTION
ITEM # 4 790 7
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, GlO; Councd ADOPTED:
Ordtnance to TRANSFER $233,834 from various sources wtthtn the FY
2001 operattng budget to the Department of Commumcattons and
Informatton Technology, and, TRANSFER an extsttng vacant posltlOn to
upgrade the Ctty's Financial Management System.
Voting 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wilson
Councd Members Vottng Nay
None
Councd Members Absent
None
March 13, 2001
AN ORDINANCE TO TRANSFER $233,834
FROM VARIOUS SOURCES WITHIN THE FY
2001 OPERATING BUDGET TO THE FY 2001
OPERATING BUDGET OF THE DEPARTMENT
OF COMMUNICATIONS AND INFORMATION
TECHNOLOGY TO UPGRADE THE CITY'S
FINANCIAL MANAGEMENT SYSTEM.
WHEREAS, the existing VIBES financial management system was
9 purchased in 1998, and at that time the City purchased an upgrade
10 to this software that allows it to operate on the Internet;
11
WHEREAS, there is additional hardware, consulting, and staff
12 required to install and maintain the new upgrade; and
13
WHEREAS, there is sufficient funding available from within the
14 FY 2001 Operating Budget to pay for this upgrade project.
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
1. That $233,834 is hereby transferred within the FY 2001
18 Operating Budget from the sources and in the amounts set forth
19 below to the FY 2001 Operating Budget of the Department of
20 Communications and Information Technology for the upgrade of the
21 City's financial management system:
22
(a) $50,000 from within the Finance Department's Operating
23 Budget;
24
(b) $65,188 from completed Capital Project #3-277, "Finance
25 Accounting System Replacement";
26
(c) $10,940 from the General Fund Reserve for Contingencies;
27
(d) $38,956 from the General Fund Financial Management
28 Reserve; and
29
(e) $68,750 within the Communications and Technology
30 Department's Operating Budget.
31
2. That the City Manager is hereby authorized to transfer an
32 existing vacant City position to the Communications and Information
33
34
Technology Department to provide needed staffing for this upgrade
of the City's financial management system.
35
36
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of March
, 2001.
37
38
39
4O
41
42
43
44
CA-8050
Odin\noncode\ViBES Upgra it. Ord. wpd
March 6, 2001
R-2
APPROVED AS TO CONTENT:
Management wServi ces
APPROVED AS TO LEGAL
SUFFICIENCY:
~y Attorney~'Office~/ '
- 36-
Item V-L 9.
ORDINANCES/RESOL UTION
ITEM # 47908
Upon motton by I~tce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnance to TRANSFER $65, 750 wtthtn the Pohce Department's FY
2000-01 operattng budget repurchase of replacement video cameras at the
Oceanfront
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, PVdham W Harrtson, dr,
Barbara M Henley, Louts R dones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, dr and Rosemary Wdson
Councd Members Voting Nay
None
Councd Members Absent
None
March 13, 2001
AN ORDINANCE TO TRANSFER $65,750
WITHIN THE POLICE DEPARTMENT'S FY
2000-01 OPERATING BUDGET FOR THE
PURPOSE OF PURCHASING REPLACEMENT
VIDEO CAMERAS FOR USE IN THE
OCEANFRONT AREA OF THE CITY
WHEREAS, for the past eight years, video cameras have
8 been located along Atlantic Avenue, Pacific Avenue, and the
9 Oceanfront Boardwalk area to provide various City departments with
10 the ability to monitor crowd size, crowd behavior, and vehicle
11 traffic flow, and now these cameras need to be replaced; and
12
WHEREAS, sufficient funds to replace these cameras are
13 available in unused funds from vacant positions in the Police
14 Department's FY 2000-01 operating budget;
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That $65,750 is hereby transferred within the Police
18 Department's FY 2000-01 operating budget for the purpose of
19 purchasing replacement video cameras for use in the Oceanfront area
20 of the City.
21
Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 13 day of March
, 2001.
CA-8047
ODIN\NONCODE\videocameraord.wpd
R1
March 6, 2001
APPROVED AS TO CONTENT:
~~a~ement Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's' ~ffice
City of Virginia Beach
Report Number:
Agenda Date March 13, 2001
Date Submitted February 16, 2001
Policy Report on
Oceanfront Video Camera System Upgrade
Background
--
In the early 1990s, video cameras were installed along Atlantic Avenue from 17th Street to 27th Strect, 22nd and
Pacific Avenue, 264 and Parks Avenue, 17th and the Boardwalk, and 24th and the Boardwalk These cameras
provide various City departments with the abihty to monitor crowd size, crowd behavior, and vehicle traffic
flow. They are particularly useful during the summer evenings and holidays when crowds tend to peak. The
cameras are now e~ght years old
Over the years, some camera units have become inoperable due to damage caused by water and salt air, and
general wear and tear Both cameras along the Boardwalk are inoperable. The cameras that cover 17th Street
at Atlantic and 24th Street at Atlantic have been malfunctioning. Parts for the current camera system are
becoming hard to obtain due to the age of the current units and the advancement of th~s technology.
Considerations
The Police Department has received a quote from the current vendor to replace all ten cameras w~th state-of-
the-art video technology, upgrade the monitoring equipment, and install a digital recording system.
The new cameras and domes are considerably smaller and sealed, which should reduce the degenerative effect
of water and salt air. They are also all aluminum and use stainless steel strips and screws '['he newer
technology ~s also easier to service according to the vendol
The newer cameras provide an enhanced ability to zoom and will prowde a sharper image. The upgraded
monitoring equipment will provide more flexible control of the domes. A digital storage system will ehminate
the need to maintain a large catalog of video tapes and provide the option of taking digital st~ll images from the
wdeo and copying them to another platform or sending them electronically This option also provides the
capability to momtor the cameras from other sites.
The current fiber hnes will be utd~zed. The Police Department currently leases five fiber hnes fi'om Verizon
and five from Cox Cable The cost of these leased hnes has been about $12,000 annually
The warranty will include one year parts and labor on all new materials An extended warranty will also be
included
Pohce Department I
Policy Report on the Oceanfront Video Camera System
Page 2
The current vendor indicates that installation could be completed within sixty days after the purchase order is
issued
Alternative Courses of Action
This proposal is thought to be the best alternative. The camera system has proven to be very effective. Without
replacement units, the camera system will not perform to its potential.
Budgetary_
The estimated cost to replace the cameras, upgrade the monitoring equipment, upgrade to digital recording and
storage, and provide an extended warranty for five years is $65,750.
There is sufficient funding available through unfilled vacant positions in the Police Department's FY 2000-01
operating budget to cover this cost
Recommendations
It is recommended that $65,750 be transferred within the Police Department's FY 2000-01 operating budget
to pay for the upgrade the current video camera system.
~Prep~ ~iiv~ef.w/~ed ~iic°cks' J~"/
Catheun ~lteJell, Director Management Se~ices
C Ora~Lambe~, Chief Operating Officer
James K'. Spore, CiW Manager
Date
Date
Date
Date
Police Department 2
-37-
Item V-L 10.
ORDINANCES/RESOL UTION
ITEM # 47909
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd ADOPTED:
Resolutton re "Guidelines for Evaluation of lnvestment Partnerships for
Economic Development", and, utilize the pohcy when evaluatmgpotenttal
investment partnerships. (Deferred January 23, 2001)
Vottng 10-1 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Robert C Mandtgo, dr, Mayor
Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms,
Jr and Rosemary Wdson
Councd Members Vottng Nay
Reba S McClanan
Council Members Absent
None
March 13, 2001
RESOLUTION ADOPTING A CITY COUNCIL
POLICY: "GUIDELINES FOR EVALUATION
OF INVESTMENT PARTNERSHIPS FOR
ECONOMIC DEVELOPMENT"
WHEREAS, the City of Virginia Beach faces demands to
6 provide new services to its growing population that cannot be met
7 through its existing tax base;
WHEREAS, the per capita income of Virginia Beach
9 residents has declined in relation to the state and nation;
10
WHEREAS, the ratio of non-residential to residential
11 property needs to be increased to reduce the tax burden on the
12 City's residents;
13
WHEREAS, these factors point to the need to pursue
14 economic development projects that will increase the tax base and
15 provide jobs that increase per capita income through the creation
16 of higher-paying jobs;
17
WHEREAS, a sound way for the City to accomplish these
18 goals is to selectively enter into investment partnerships for
19 economic development;
20
WHEREAS, participation in such partnerships combines the
21 legal, financial, and entrepreneurial resources of the private
22 sector or other public sector entities with those of the City in
23 order to enable the partners to pursue economic development
24 projects that neither partner is capable of achieving on its own;
25 and
26
WHEREAS, when evaluating potential investment
27 partnerships, it is prudent for the City to follow guidelines
28 designed to ensure that any such partnership is in the best
29 interest of the City.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
31 CITY OF VIRGINIA BEACH, VIRGINIA:
32
1. That City Council hereby adopts the policy
33 "Guidelines for Evaluation of Investment Partnerships for Economic
34 Development," a copy of which is attached hereto as Exhibit A; and
35
2. That the City Manager and staff are hereby directed
36 to use the process outlined in the policy when evaluating potential
37 investment partnerships.
38
Adopted by the Council of the City of Virginia Beach,
39 Virginia on the 13 day of March, 2001.
CA-7936
data\aty~ordin\noncode~Guidelines Eval Invest Partnership. res
December 7, 2000
R4
APPROVED AS TO CONTENT:
Chief Financial Officer
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
Exhibit A
City Council Policy
Title: Guidelines for Evaluation of Investment Partnerships for
Economic Development
Date of Adoption:
Date
of
Revision:
Index Number:
Page I of 4
1.0 Purpose and Need
As Virginia Beach continues its transition from a growing city to a mature city, it
faces demands for continuation of existing services and commencement of new services that
cannot be adequately met through its existing tax base. In addition, several trends have been
identified: Per capita income of Virginia Beach residents has declined in relation to per
capita incomes of the state and nation; the ratio of non-residential to residential assessed
values for real estate has declined and should be increased to reduce the tax burden on the
City's residents; and the credit rating agencies have stated the need to further diversify the
City's economy. These critical factors point to the need to combine the legal, financial, and
entrepreneurial resources of the private sector and the public sector, in order to achieve
capabilities unattainable by either individually. In some cases, there is also the need to
combine the resources of different entities within the public sector to achieve synergistic
results. One excellent way to do this is by selectively engaging in investment partnerships
for economic development.
2.0 Policy Statement
This policy sets forth guidelines for the case-by-case evaluation of each proposed
investment parmership for economic development. These guidelines are organized in two
tiers:
Tier I Guidelines are used to determine if the project is desirable. If the project
"passes" this desirability test, then it must also be evaluated based on its community,
economic and fiscal impacts, as indicated in the Tier II Guidelines.
Tier II Guidelines are used to determine the significance ofthe economic and fiscal
impacts of a proposed investment partnership. These Tier II Guidelines can also be
used for creating the structure of the partnership and negotiating with the City's
partner (i.e., other agencies or private developers).
i
Tier I Guidelines determine the desirability of a project:
2.1
An Investment Partnership should contribute to the achievement of the City's overall
goals as envisioned in the Comprehensive Plan, ,4 Strategy to ,4chieve City
Council's Vision, and other planning documents and strategies.
Strategy: To diversify the tax base in strategic areas to create economic growth.
2.2
An Investment Partnership should provide jobs that will increase per capita income,
or target a sector or area of the City important to future economic growth.
Strategy: To increase per capita income, which is currently below state and national
averages.
2.3
An Investment Partnership should create a synergy that helps attract other private
sector development.
Strategy: To act as a building block for future beneficial development, thereby'
continuing to increase direct and indirect economic and fiscal benefits.
If it is determined that a project is desirable, then Tier II Guidelines will be applied:
2.4
An Investment Partnership should result in the fiscal, economic, and/or social
benefits greater than those which would occur without public participation.
Strategy: To provide a return on investment to the City over time, which can be used
to provide services to the citizens. (Includes evaluation of number of jobs, type of
jobs, salaries, as well as direct and indirect economic impacts.)
2.5
An Investment Partnership should provide a fair and reasonable return to the City's
partners, commensurate with the amount of risk assumed.
Strategy: To provide a fair return to the City's partners, thereby enabling the City to
attract quality partners.
2.6
The project would not proceed at ali, or would not proceed at the desired level of
quality, "but for" public sector involvement.
3.0
Strategy: To participate only in projects where City participation makes thc project
feasible and desirable.
Definition
3.1
For purposes of this policy, an "Investment Partnership" shall mean as an investment
of the City's capital and other resources, leveraged with those of a private or another
public entity, so as to achieve a significant public benefit that could not otherwise be
achieved.
4.0 Characteristics of an Investment Parmership
5.0
Any project brought to the attention of City Council will possess these basic characteristics:
4.1 The structure and proposed agreements are legally permissible
4.2
It is a desirable project from the standpoint that it meets one or more City Council
goals.
4.3 The business arrangement has financial integrity.
4.4
The project would not proceed at all, or would not proceed at the desired level of
quality, "but for" public sector involvement.
Process
5.1
The City Manager, the City Attorney, the Chief Financial Officer, and the Directors
of Economic Development, Planning, Finance and Management Services, as needed,
have a preliminary meeting (or a series of meetings) with the prospective partner.
Through this meeting(s), an evaluation is made to determine if the project is a
"desirable city project", i.e. that the project passes the Tier I Guidelines.
5.2
If the project meets the Tier I Guidelines, then the prospective partner is directed to
submit, on a form prepared by the Department of Finance, such additional
information as the City may require to ennble it to evaluate, among other things, the
qualifications of the developer and the significance of the economic and fiscal
impacts of the project as called for in the Tier II Guidelines.
5.3
A preliminary timeline is developed for submitting the required information to the
City, for completion of the City's analysis and evaluation of the project, for public
input, and ultimately for the submission of a recommendation to City Council for
consideration.
5.4
The City Manager will brief City Council and request the appointment of Council
liaisons for the project. The City Council liaisons will assist in developing the
Council briefings, reviewing the timeline, and taking other actions necessary to
develop recommendations.
5.5
The City Manager (or CFO as the City Manager designee) shall assign a Project
Manager. The Project Manager is responsible for assisting the partner in submitting
the additional information, and connecting the partner with the appropriate people
within the City organization as needed.
5.6
A Memorandum of Understanding is developed in concert with the City Attorney.
5.7
Upon submission of the additional information, City staffdetermine~ the economic,
fiscal and social impacts of the project per the Tier H Guidelines. This includes
number of jobs, type of jobs, salaries paid, as well as economic, community and
other impacts. There will also be an evaluation regarding the project in relation to
other potential projects.
5.8
A public presentation is made based on the six guidelines for investment partnerships
and on the proposed Memorandum of Understanding.
5.9 A process for the solicitation of public input is developed and implemented.
5.10 A Memorandum of Understanding is presented to City Council for approval.
5.11 A Development Agreement is prepared in concert with the City Attorney.
5.12
The City Manager may change the process as needed, on a case-by-case basis, in
concert with the Council liaisons, and shall advise City Council of any such change.
6.0. Investment Partnershlu Advisory Committee
6.1 In order to enhance accountability and public information regarding the performance
of Investment Partnerships, the City Council shall appoint members to an Investment
Partnership Advisory Committee that will include representatives from the Chamber of
Commerce, the Virginia Beach School Division, the Virginia Beach Development Authority,
Council of Civic Organizations and others as deemed necessary.
6.2 The Investment Partnership Advisory Committee shall issue an annual report to City
Council that assesses the results of the partnerships approved by the City. Such report shall
include the costs and fiscal, economic and other benefits produced by each partnership
entered into by the City.
to Content: ,/ (~
Director 0~' Finance, - -"
Approved as to ~
Legal Sufficiency:
CITY COUNCIL: Ma~or h ' /Y-~'
F ~ATY~Ordm~NONCODL~juJddines for Eul Investment. policy wpd
Man:h 8, 2001
Date
Item V-L I1.
- 38-
ORDINANCES/RES OL UTION
ITEM tt 47911
The followmg spoke tn SUPPORT:
Davtd Heydn, 1027 Prtncess Anne Road, Professtonal Tattoo Arttst, Phone 721-7651
Drew E Sundtn, Sr, 2332 Enchanted Fore~ ane, Phone 468-0547
Shawn M Brown, 1407 Veau Court, Phone 491-0818, Owner - Ocean Mysttque
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl DENIED:
Resolution to direct the Ctty Manager and Ctty Attorney make amendments'
to the Ctty Code, the Ctty Zoning Ordinance (CZO), and the operatmg
budget to permtt tattooing and to ensure regulation that wtll mlntmtze the
rtsk of harm to the pubhc, and, these recommendattons to Ctty Councd be
made tn suffictent ttme for amendments to be adopted and made effecttve
no later than July 1, 2001
Voting 9-2
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlllam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Vice Mayor Wtlham D
Sessoms, Jr
Counctl Members Votmg Nay
Reba S McClanan and Rosemary Wtlson
Counctl Members Absent
None
March 13, 2001
Exhibit A
City Council Policy
Title: Guidelines for Evaluation of Investment Partnerships for Index Number:
Economic Development
I Date of Revision: Page I of 4
Date
of
Adoption:
I
1.0
2.0
Purpose and Need
As Virginia Beach continues its transition from a growing city to a mature city, it
faces demands for continuation of existing services and commencement of new services that
cannot be adequately met through its existing tax base. In addition, several trends have been
identified: Per capita income of Virginia Beach residents has declined in relation to per
capita incomes of the state and nation; the ratio of non-residential to residential assessed
values for real estate has declined and should be increased to reduce the tax burden on the
City's residents; and the credit rating agencies have stated the need to further diversify the
City's economy. These critical factors point to the need to combine the legal, financial, and
entrepreneurial resources of the private sector and the public sector, in order to achieve
capabilities unattainable by either individually. In some cases, there is also the need to
combine the resources of different entities within the public sector to achieve synergistic
results. One excellent way to do this is by selectively engaging in investment partnerships
for economic development.
Policy Statement
This policy sets forth guidelines for the case-by-case evaluation of each proposed
investment partnership for economic development. These guidelines are organized in two
tiers:
Tier I Guidelines are used to determine if the project is desirable. If the project
"passes" this desirability test, then it must also be evaluated based on its community,
economic and fiscal impacts, as indicated in the Tier II Guidelines.
Tier II Guidelines are used to determine the significance of the economic and fiscal
impacts of a proposed investment partnership. These Tier II Guidelines can also be
used for creating the structure of the partnership and negotiating with the City's
partner (t.e., other agencies or private developers).
3.0
Tier I Guidelines determine the desirability of a project:
2.1
An Investment Partnership should contribute to the achievement of the City's overall
goals as envisioned in the Comprehenstve Plan, A Strategy to Achieve City
Council's Vtsion, and other planning documents and strategies.
Strategy: To diversify the tax base in strategic areas to create economic growth.
2.2
An Investment Partnership should provide jobs that will increase per capita income,
or target a sector or area of the City important to future economic growth.
Strategy: To increase per capita income, which is currently below state and national
averages.
2.3
An Investment Partnership should create a synergy that helps attract other private
sector development.
Strategy: To act as a building block for future beneficial development, thereby
continuing to increase direct and indirect economic and fiscal benefits.
If it is determined that a project is desirable, then Tier II Guidelines will be applied:
2.4
An Investment Partnership should result in the fiscal, economic, and/or social
benefits greater than those which would occur without public participation.
Strategy: To provide a return on investment to the City over time, which can be used
to provide services to the citizens. (Includes evaluation of number ofjobs, type of
jobs, salaries, as well as direct and indirect economic impacts.)
2.5
An Investment Partnership should provide a fair and reasonable return to the City's
partners, commensurate with the amount of risk assumed.
Strategy: To provide a fair return to the City's partners, thereby enabling the City to
attract quality partners.
2.6
The project would not proceed at all, or would not proceed at the desired level of
quality, "but for" public sector involvement.
Strategy: To participate only in projects where City participation makes the project
feasible and desirable.
Definition
3.1
For purposes of this policy, an "Investment Partnershtp" shall mean as an investment
of the City's capital and other resources, leveraged with those of a private or another
public entity, so as to achieve a significant public benefit that could not otherwise be
achieved.
4.0 Characteristics of an Investment Partnership
Any project brought to the attention of City Council will possess these basic characteristics:
4.1 The structure and proposed agreements are legally permissible
4.2
It is a desirable project from the standpoint that it meets one or more City Council
goals.
4.3 The business arrangement has financial integrity.
4.4
The project would not proceed at all, or would not proceed at the desired level of
quality, "but for" public sector involvement.
5.0 Process
5.1
The City Manager, the City Attorney, the Chief Financial Officer, and the Directors
of Economic Development, Planning, Finance and Management Services, as needed,
have a preliminary meeting (or a series of meetings) with the prospective partner.
Through this meeting(s), an evaluation is made to determine if the project is a
"desirable city project", i.e. that the project passes the Tier I Guidelines.
5.2
If the project meets the Tier I Guidelines, then the prospective partner is directed to
submit, on a form prepared by the Department of Finance, such additional
information as the City may require to enable it to evaluate, among other things, the
qualifications of the developer and the significance of the economic and fiscal
impacts of the project as called for in the Tier II Guidelines.
5.3
A preliminary timeline is developed for submitting the required information to the
City, for completion of the City's analysis and evaluation of the project, for public
input, and ultimately for the submission of a recommendation to City Council for
consideration.
5.4
The City Manager will brief City Council and request the appointment of Council
liaisons for the project. The City Council liaisons will assist in developing the
Council briefings, reviewing the timeline, and taking other actions necessary to
develop recommendations.
5.5
The City Manager (or CFO as the City Manager designee) shall assign a Project
Manager. The Project Manager is responsible for assisting the partner in submitting
the additional information, and connecting the partner with the appropriate people
within the City organization as needed.
5.6 A Memorandum of Understanding is developed in concert with the City Attorney.
5.7
Upon submission of the additional information, City staff determines the economic,
fiscal and social impacts of the project per the Tier II Guidelines. This includes
number of jobs, type of jobs, salaries paid, as well as economic, community and
other impacts. There will also be an evaluation regarding the project in relation to
other potential projects.
5.8
A public presentation is made based on the six guidelines for investment partnerships
and on the proposed Memorandum of Understanding.
5.9 A process for the solicitation of public input is developed and implemented.
5.10 A Memorandum of Understanding is presented to City Council for approval.
5.11 A Development Agreement is prepared in concert with the City Attorney.
5.12
The City Manager may change the process as needed, on a case-by-case basis, in
concert with the Council liaisons, and shall advise City Council of any such change.
6.0. Investment Partnership Advisory_ Committee
6.1 In order to enhance accountability and public information regarding the performance
of Investment Partnerships, the City Council shall appoint members to an Investment
Partnership Advisory Committee that will include representatives from the Chamber of
Commerce, the Virginia Beach School Division, the Virginia Beach Development Authority,
Council of Civic Organizations and others as deemed necessary.
6.2 The Investment Partnership Advisory Committee shall issue an annual report to City
Council that assesses the results of the parmerships approved by the City. Such report shall
include the costs and fiscal, economic and other benefits produced by each partnership
entered into by the City.
to Content: __ _.. _ __.~ (~ D ~ [
Director of Finance Date
Approved as to
Legal Sufficiency:
Reviewed by:
APPROVED BY
CITY COUNCIL:
Ma3or h ' -
F ~d)ata~ATY~OrchnhNONCODE\Guldehne~ for Eval Inve~ment pohcy wpd
March 8, 2001
Date
/Dat~
/Dat~/
- 39-
Item V-L12.
ORDINANCES/RESOL UTION
ITEM # 47912
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Resolutton re tssuance by the Vtrgtnta Beach Development Authortty for
Industrtal Development Revenue Bonds not to exceed $5-Mdhon for IMS
Gear, Inc. re manufacturing equtpment
Voting 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Voting Nay
None
Council Members Absent
None
March 13, 2001
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
IMS GEAR, INC
WHEREAS, the C~ty of V~rg~ma Beach Development Authority (the "Authority") has held
a pubhc heanng on February 20, 2001, w~th respect to the apphcatlon of IMS Gear, Inc (the
"Company") for the ~ssuance of the Authonty's Industrial Development Revenue Bonds ~n an
amount not to exceed $5,000,000 00 (the "Bonds") to assist the Company ~n acqmnng and ~nstalhng
certmn manufactunng equipment ~nclud~ng assembly hne eqmpment, automated metal working
machinery, automated mject~on molding machinery and other related property and ~mprovements
to be used in the manufacture of automotive seat adjustor mechanisms at the Company's
manufacturing facility located on 3 99 acres of land at 949 Seahawk C~rcle, V~rg~nla Beach, Virginia
(collectively, the "Fac~lities"), and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides that
the Nghest elected governmental officials of the governmental units hawng junsdict~on over the
~ssue of private act~wty bonds and over the area in which any facility financed with the proceeds of
private actiwty bonds ~s located shall approve the ~ssuance of such bonds, and
WHEREAS, the Authority ~ssues ~ts bonds on behalf of the City of V~rglnla Beach, Vlrgtma
(the "C~ty"), the Facilities are or will be located in the C~ty and the members of the C~ty Council of
the City (the "Council") constitute the highest elected governmental officials of the C~ty, and
WHEREAS, Section l 5 2-4906 of the Code of Virg~ma of 1950, as amended (the "V~rglma
Code"), provides that the Council shall w~tlun 60 calendar days from the date of the public hearing
with respect to industrial development revenue bonds rather approve or disapprove the issuance of
such bonds; and
CORP~773005 4
WHEREAS, the Authority has favorably considered the Company's apphcatlon and a copy
of the Authonty's resolution approwng the ~ssuance of the Bonds, subject to terms to be agreed on,
a reasonably detailed summary of the comments expressed at the public hearing with respect to the
Bonds and a statement ~n the form prescribed by Section 15.2-4907 of the V~rg~ma Code have been
filed with the Council, together w~th the Authonty's recommendation that the Council approve the
~ssuance of the Bonds,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA'
1. The recitals made ~n the first preamble to this Resolution are hereby adopted as a part
of th~s resolution
2. The City Council approves the ~ssuance of the Bonds by the Authority to assist ~n the
financing of the Facfllt~es for the benefit of the Company to the extent of and as
required by Section 147(0(2) of the Tax Code and Section 15.2-4906 of the Virgima
Code. The approval of the ~ssuance of the Bonds, as required by Section 147(0(2)
of the Tax Code and Sectton 15.2- 4906 of the Virginia Code, does not constitute an
endorsement of the Bonds or the creditworthiness of the Company, but, as reqmred
by Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds shall
provide that nmther the C~ty nor the Authority shall be obhgated to pay the Bonds
or the interest thereon or other costs ~nc~dent thereto except from the revenues and
monies pledged therefor and neither the faith, credit nor taxing power of the
Commonwealth of V~rglma, the C~ty or the Authority shall be pledged thereto.
2 CORP~773005 4
3. In adopting th~s Resolution, the C~ty, ~nclud~ng ~ts elected representatives, officers,
employees and agents shall not be liable and hereby d~sclaims all habllity for any
damages to any person, d~rect or consequential, resulting from the Authonty's fmlure
to ~ssue the Bonds for any reason.
4. Th~s Resolution shall take effect immediately an ~ts adoption.
Adopted by a quorum of the Council of the C~ty of Vlrglma Beach, Vlrgmla, on
March
13,2001
City Clerk
3 CORP\773005 4
VIRGINIA
Virglma Beach
Deveiopmen! Authorfly
One Columbus Center, State 300
VIrginIa Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www ~qrgm~a-beach va us/dept/econdev
L-mad ecdev(~c~ty mrgmm-beach va us
February 20, 2001
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re'
IMS Gear, Inc, a Georgia corporation
Industrial Revenue Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following In connection with project IMS Gear, Inc. located at 949 Seahawk
Circle, Virginia Beach, Virginia.
(1) Evidence of publication of the 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 Authonty's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authonty's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E
(4) The Fiscal hnpact Statement is attached as Exhibit F
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
February 20, 2001
Page 2
(5) Attached as Exhibit G ~s a summary sheet setting forth the type of~ssue, and identifying
the ProJect and the pnncipals.
(6) Attached as Exhibit H ~s a letter from the appropriate C~ty department commenting on
the ProJect.
RGJ/GLF/rab
Enclosures
Very truly yours,
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED
INDUSTRIAL REVENUE BOND FINANCING
OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice ts hereby given tl~at the City ofVirgiu~a Bcach Development Authority (the
"Authority") will hold a public heating on the application of IMS Gear, Inc (the "Company") the
address of wlnch ts 949 Seahawk Circle m V~rgtn/a Beach, Virg~ma for tl~e Authority to issue,
pttrsuat-~t to Chapter 643 of the Virginia Acts of Assembly of 1964 as amended (the "Act"), up to
$5,000,000 of ~ts industrial developmcnt revenue bonds to assist tlm Compm~y tn the acqulsmon
and installation of certain eqtupment, mach/nery and related pt opcrty for usc m the manufacture,
production and d~stnbuhon of automotive parts at the Company's rnanufactm-~ng facility locatcd
at 949 Seahawk Circle in Vu-gmia Beach, Virginia. Thc public l~earing, which may be continued
or adjourned, wtI1 be held at 8:30 a.m. on Tuesday, February 20, 2001, before the Authority, at
the Authonty's office, One Columbus Center, State 300, Vlrgnma Beach, Vn'ginia As requh-ed
by the Acl, the bonds will not pledge the credit or the taxing power of the Ctty of Vu'ginm Beach,
Vtrgmla, or the Authority but will be payable solely from revenues derived fi.om the Company
and pledges therefor Any person interested m thc issuance of the bonds or the location or nature
of the ploposed project may appear and be hcard. A copy of the Compai~y's applicatton ~s on file
m-~d ~s open for inspectnon at the Authority's office at One Colttmbus Center, Suite 300, Virgirfia
Beach, Vlrgima, during bus,ness hours
CITY OF VIRGI~A BEACH
DEVELOPMENT AUTHORITY
C OKP\767640 3
I
bmzth Oambreli
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The vkrg~n~an-Pllot
.................... .... .......... .....~ .......... +__----.........--~ .............
SMITH, GAMBRELL & RUSSELL LLP
BENJAMIN BROOKS
1230 PEACHTREE ST NE
SUITE 3100 PROMENADE
ATLANTA GA 30309
REFERENCE' 10136568
796140 NOTICE OF PUblIC
State of Virginza
City of NOrfolk
Th~S day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavxt clerk of The Virginian-Pilot,
a n~w~p&~m~ pu~limhm~ ~y ~&ndmark C~mun~cat~ons
Inc., in the citzes Of Norfolk, Poytsmouth,
Chesapeake, ~uffolk, and Virginia Beach, State of
v~in~a. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBliSHED ON: 02/05 02/12
TOTAL COST: 395 56 AD SPACE'~62 LINE
FILED_~
..... .................... ...........................
subscribed and swo~ %0 b~.fore m~ ~n my o~ty and s~ate on the day an~ year
aforesaid this
.~...~.~~.~~~ My co~iss~on expmres ~, 2004
EXHIBIT B
CiD' of Virginia Beach Development Authority
Record of Public Hearing on
Februm'y 20~ 2001 (IMS Gear, Inc, Project)
The cha~m~an of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a pubhc homing on the request of IMS Gear, Inc. (the
"Borrower"), and that a not, ce of the heating was published once a week fm two consecutwe
weeks m the Va gm,an Pilot, a newspaper hawng general ctrculat~on tn the C~ty of Virginia
Beach, V zrgmia. Such public hemng was held not less than s:x days and not more than 21 day's
after the second notice appeared in such newspaper A copy of the notice and cmtfficate of
pubhcanon of such nonce have been filed with the records of the City Council of the C~ty of
Vn'gm~a Beach
The Chaum convened the pubhc healmg, and no member of the pubhc appeared to
provide any statement with respect to the bond issuance ~equested by Borrowe~ Pt-lot to
adjourning the pubhc hearing, the Chairman noted that ~ep~esentatives fi'om Bon owm (including
Nh' Clmstoph Hn't, %ce President of the Borrower, and Mi' Cn'eg Vitek, Vice President of the
Bonowm, as well as Mi'. Doug Patterson flora Wachoma Bank, N A ) appeared before the
Authority on January 16, 2001 and outlined the pm'poses for which the proceeds of the proposed
~ssuance ofbon~ (the "Bonch") would be used and the economic benefits acc:uing to the
citizens of City of%rgm~a Beach and the Conm'~onwealth as a result of tho issuance of the
Bonds The Chaff'man then closed the public hearing
EXHIBIT C
RESOLUTION OF THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
AUTHORIZING THE ISSUANCE OF UP TO $5,000,000
INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR THE PURPOSE OF FINANCING EQUIPMENT AND
RELATED PROPERTY AT A MANUFACTURING FACILITY
LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the C~ty of V~rg~ma Beach Development Authority (the "Authority") IS empowered by
Chapter 643 of the V~rglma Acts of Assembly of 1964, as amended (the "Act") to ~ssue ~ts revenue bonds
for the purpose of promoting ~ndustry, developing trade and ~nduc~ng ~ndustrlal and commermal enterprises
to locate ~n or remain ~n th~s Commonwealth for the benefit of the ~nhab~tants of th~s Commonwealth and
for the ~ncrease of their commerce, and to promote safety, health, welfare, convemence, and prosperity of
the c~t~zens of V~rg~ma,
WHEREAS, the Authority has received an apphcat~on on behalf of IMS Gear, Inc, a Georgia
corporation (the "Apphcant"), dated January !.6th, 2001, requesting that the Authority ~ssue ~ts revenue
bonds to assist ~n the financing of the acqms~tlon of certain eqmpment, machinery and related property for
use ~n the manufacture, production and d~stnbut~on of automotive parts at the Apphcants' manufactunng
facility located at 949 Seahawk C~rcle ~n V~rg~ma Beach, V~rg~ma (the "Project"), and to pay certmn costs
of ~ssuance of the Bonds The ProJect will be owned by the Apphcant and used ~n the Apphcant's
manufactunng bus~ness,
WHEREAS, after careful study of the nature of the aforesmd undertaking, the Authority has
determined that such assistance will ~nduce the Apphcant to locate or mmntmn the Project ~n the C~ty of
V~rg~ma Beach, V~rg~ma (the "C~ty") and to create and mmntmn jobs and employment and thereby benefit
the ~nhab~tants of the C~ty and the Commonwealth of V~rg~ma, rather through the ~ncrease of their commerce
or through the promotion of their safety, health, welfare, convemence or prosperity,
WHEREAS, the Apphcant has represented that the estimated cost of the acqms~t~on and ~nstallat~on
of the ProJect and certmn of the expenses of ~ssue will reqmre an ~ssue of revenue bonds ~n the aggregate
pnnc~pal amount not to exceed $5,000,000 00,
WHEREAS, the Apphcant has acknowledged the necesmty of requesting, prior to the ~ssuance of
the Bonds, the approval of the ProJect by the C~ty Council of the City (the "C~ty Council"), ~n accordance
w~th the requirements of Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code")
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY.
1 It ~s hereby found and determined that the acqmsltlon and ~nstallatlon of the Project will be
the pubhc ~nterest of the C~ty, will bring additional revenues and employment ~nto the C~ty and will
CORP\IMS Gear V~rgmta Beach Inducement Resolutton WPD
benefit the C~ty and the Commonwealth of V~rgima and ~ts ~nhab~tants through the increase of thmr
commerce or through the promotion of their safety, health, welfare, convemence or prosperity
2 To ~nduce the Applicant to locate or mmntaln the ProJect in the Commonwealth of Vlrgima,
and particularly in the City, the Authority hereby agrees to assist the Applicant in financing the acqmsitmn
and installation of the Project by undertaking the ~ssuance of its revenue bonds ~n an amount not to exceed
$5,000,000 (the "Bonds"), upon terms and con&tions to be mutually agreed upon between the Authority and
the Apphcant The Bonds will be issued pursuant to documents satisfactory to the Authority. The Bonds
shall not be sold in a manner which constitutes a public offering w~thout the further specific approval of the
Authority
3 It having been represented to the Authority that ~t is necessary to proceed immediately with
the acquisition and installation of the ProJect, the Applicant may proceed with plans for the acquisition and
installation of the ProJect, and enter into contracts for the same, and to take such other steps as ~t may deem
appropriate ~n connection therewith, including the location of a purchaser or purchasers for the Bonds,
provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority, without
its consent, in each instance, to the payment of any moneys or the performance of any acts in connection w~th
the ProJect. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for
all costs so incurred by it, provided such expenditures and costs are properly reimbursable under applicable
federal and state laws
4. All costs and expenses in connection with the financing and the acquisition and installation
of the Project, including the fees and expenses of counsel to the Apphcant, counsel to the purchaser of the
Bonds or credit facility provider, counsel to the Authority and Bond Counsel, shall be paid from the proceeds
of the Bonds, to the extent permitted under the Code, and otherwise by the Applicant The Apphcant further
agrees to comply with all pohmes of the Authority now in effect or hereafter adopted with respect to the sale
of the Bonds or the financing of the ProJect.
5 The Applicant having requested the appointment of Smith, Gambrell & Russell, LLP, as
Bond Counsel in connection w~th the issuance of the Bonds, the Authority hereby appoints Smith, Gambrell
& Russell, LLP, as Bond Counsel to supervise the procee&ngs and approve the issuance of the Bonds
6. The Bonds shall be issued only after (1) approval of the issuance of the Bonds by the City
Council within sixty (60) days of a public hearing to be held by the Authority with respect to the Bonds in
accordance with the Act, (il) receipt of an allocation for the issuance of the Bonds, if required by the Vlrglma
Private Activity Bond Act, and (m) receipt by the Authority of the approving oplmon of Bond Counsel as
to the qualification of the Bonds under the Act.
7 The Chairman, Secretary or Assistant Secretary of the Authority is hereby authorized and
directed to dehver to the City Council 0) a reasonably detailed summary of the comments expressed at the
public hearing to be held by the Authority with respect to the Bonds in accordance with the Act, (ii) a fiscal
~mpact statement concerning the ProJect in the form specified ~n Section 15 2-4907 of the Act, and (iii) a
copy of this Resolution, which constitutes the recommendation of the Authority that the C~ty Council
approve the financing of the ProJect and the ~ssuance of the Bonds
8. The Authority intends that the adoption of this resolution be considered as a declaration of
"official ~ntent" within the meamng of Treasury Regulations § 1.150-2 promulgated under the Code The
2 CORP\IMS Gear V.glma Beach Inducement Resolution WPD
Authority reasonably expects that the Apphcant may receive reimbursement from the proceeds of the Bonds
for certain costs of the ProJect paid prior to the issuance of the Bonds and not paid from the proceeds of any
other borrowing. The officers of the Authority are directed to make a copy of this Resolution continuously
available for inspection by the general public during normal business hours at the main admimstrative offices
of the Authority from the date of adoption hereof through the date of the issuance of the Bonds.
9 This Resolution shall take effect immediately upon its adoption and shall remain in full force
and effect until the next regularly scheduled meeting of the Authority occurring one year after the date of
adoption of this Resolution, at which time it shall terminate unless specifically extended by the Authority
10 The Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit of the
Commonwealth, or any political subdiv~sion thereof, including the City of the Authority, but such bonds
shall be payable solely from the revenues derived from the ProJect, proceeds of the Bonds, insurance
proceeds and/or condemnation awards. Neither the officers, directors, agents, attorneys or employees of the
Authority, past, present or future, nor any person executing the Bonds shall be liable personally on the Bonds
by reason of the issuance thereof Bonds issued pursuant to this Resolution shall not constitute an
~ndebtedness within the meaning of any debt limitation or restriction
3 CORP\IMS Gear V~rgm~a Beach Inducement Resolution WPD
CERTIFICATE
The undersigned Secretary or Asststan! Secretary of the C~ty of Vlrgmm Beach Development
Authority, hereby certifies that the foregoing is a true, correct and complete copy of a resolutmn duly
adopted by a majority of the directors of the Authority pt escnt and votmg at a meetmg duly called and held
on January 16, 2001, in accordance with law, and that such resolutmn has not been repealed, revoked,
rescinded, or amended, but is m full force and efiect on the date hereof
WITNESS my hand tins day of_...~2_~ January, 2001.
[Ass,sttmt] Secretary,
C~ty of V~rgmia Beach Development Authority
EXHIBIT D
DISCLOSURE STATEMENT
Applicant's Names(s) IMS GEAR, INC
All Owners (tf dtfferent from apphcant)
Date February 1, 2001
Type of Application
Rezoning From
Conditional Use Permit
Street Closure
To
Subdivtsion Variance
Other Bond Issue
The following is to be completed by or for the Applicant
If the apphcant is a CORPORATION, hst all the officers of the corporation
Norbert Willmann, President
Clemens Rosenstlel, Treasurer
Hans M~chael Kraus, Secretary
Christoph Hirt, Vice President
Gregory V~tek, Vice President
Ifthe applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or
partners in the organization
The following is to be completed by or for the Owner (if different from the apphcant)
If the owner is a CORPORATION, hst all the officers of the Corporation
If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, hst all members or
partners in the organization
775578
IMS GEAR, INC. ~
By ~~Q~~~
G~~~icVe President
VIRGINIA
BF CH
V~rg~ma Beach
Development Aulhonty
One Columbus Center, State 300
V~rgm~a Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www virginia-beach va us/dept/econdev
E-mall ecdev@c~tywrgm~a-beach va us
EXHIBIT E
IMS GEAR, INC.
INDUSTRIAL DEVELOPMENT REVENUE BONDS
SERIES 2001
The Authority recommends approval of this finanmng. The proceeds of the Bonds to be
~ssued will be used to assist the Borrower In acqumng new manufacturing eqmpment for Borrower's
manufacturing famhty located m V~rginla Beach. The capital investment, promotmn of tndustry,
development of trade, inducement of industrial and commercial enterprises and creation of jobs
constitute the basis for tlus recommendation
EXHIBIT F
FISCAL IMPACT STATEMENT
DATE
January 25, 2001
TO:
THE CITY COUNCIL OF VIRGINIA BEACH. VIRGINIA
PROJECT NAME:
IMS Gear, Inc. Virginia Beach Expansion
TYPE OF FACILITY: Manufacturing
1. Maximum amount of financing sought $ 5,000,000
,
Estimated taxable value of the facility's
real property to be constructed in the
municipality
Value of Existing Building -- $1.6 million
$ No new construction for this Project.
.
Estimated real property tax per year
using present tax rates
$ $~5,000
,
Estimated personal property tax per
year using present tax rates
$ $25,000
,
Estimated merchant's capital(business
license) tax per year using present
tax rates
$, 0
*6.
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 9400,000 by 2003
,
Estimated number of regular employees
on year round basis
75 by 2003
8. Average annual s~lary per employee
$ ~40~000
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto
City of~ent Authority
*Please see attached page for further
ESTIMATED BREAKDOWN OF PURCHASES OF GOODS AND SERVICES
Estimated dollar value per yem' of goods that
wdl be pm chased fi'om Vn'g~ma companies
within the locality
$75,000 00
Estimated dollar value per yem' of goods that
wdl be purchased fi'om non-%rgima compames
w~tNn the locahty
$75,000 00
Estimated dollar value per year of services that
will be purchased fi om Vn'g~ma companies wltNn
the Iocahty
$200,000 O0
Estimated dollar value per year of se~ vices that
will be purchased fi om non-Vu gm~a compames
w~thm the locahty
$50,000 00
777057 I
EXHIBIT G
2.
SUMMARY $ttF, I~T
CITY OF VIRGINIA BEACH DEVELOPMENT A JT OR1TY
]]qDUSTRIAL DEV~ ;OPMENT RI~~ BOND
PROJECT NAME:
LOCATION:
AMOUNT OF BOND ISSUe: $
PRINCIPALS:
ZONING CLASSIFICATION:
Present zonin8 classification
of the Property
b. Is rezoning proposed? Yes No ~
c. If so, to what zoning
classification?
NOTE:
THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPIR;L
·
·
City of B aeh
March 16, 2000
EXHIBIT H
Smith, Gambrell & Russell
Attention: Dorothy Reyelts
1230 Peachtree Street, N. E.
Suite 3100, Promenade~ II
Atlanta, GA 30309-3592
Parcel 22, Seahawk Circle
(JPIN # ! 496-654560-0000
Virginia Beach, VA
Dear Ms, Reyclts:
The abovo refcrcnced property is zoned I-1 (Light Industrial District) which permits wholesaling,
,torage, packaging, distribution, and office ~ace as allowed uses.
To the best of my knowledge, thc property complies with all applicable zoning regulations
related to use and occupancy thereof.
IfI can be of further assistance, please feel fi'cc to give me a call.
Terry R. Kemp
Zoning lnsp~tor Supervisor
TRK/Imr
c: Robert Scott, Planning Director
P. A. Janez~k, Zoning Administrator
c:l ffle,/seahawk2.00
VIRGINIA
BEACH
EXHIBIT H
¥
E: v e I ~ ILt h~9~ t. Ly__...._t '
· ~t l.m:.yil~,iIIY CH _.,
(757) 437-6~4
FAX (757) 49%9894
Webs~te www vlrgima-~ach va us/depfeconde~
E-mad ecdev~c,tyvirgmm-~ach va us
January 16, 2001
Mr. Robert G. Jones
Chmrman
Virgima Beach Development Authority
One Columbus Center, State 300
Virginia Beach, VA 23462
Re: IMS Gear Industrial Development Revenue Bonds
Dear Bob:
IMS Gear ~s a manufactunng facility that will benefit our citizens by creating high paying
jobs in addition to promoting industry, developing trade and inducing industrial and commercial
enterprises.
I will be happy to answer any questions you may have after our meeting of January 16th.
Sincerely,
Mark R. Wawner
Project Development Manager
MRW'IIs
ii [ i[
· _
II I I I I I I i ii iii i i ii iii
VICINITY MAP
SCALE : 1" = 2,000'
'.000 ZONE
- 40-
Item V-L13.
ORDINANCES/RESOL UTION
ITEM # 4 7913
Upon motton by l/tce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED:
Resolutton re Vtrgtnta Beach Development Authortty's entertng tnto a
Termination Agreement wtth the gtrgtnta Beach Sportsplex.
Vottng 8-3 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf,
Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
Louts R Jones, Reba S McClanan and Nancy K Parker
Counctl Members Absent
None
March 13, 2001
A RESOLUTION TO REQUEST THE
VIRGINIA BEACH DEVELOPMENT
AUTHORITY TO APPROVE AND ENTER
INTO A TERMINATION AGREEMENT
REGARDING THE USE AND OPERATION OF
THE VIRGINIA BEACH SPORTSPLEX
WHEREAS, pursuant to a ground lease dated as of October 6, 1997, the City of
8 Virginia Beach ("City") ground leased a parcel of land containing approximately 150 acres to the
9 City of Virginia Beach Development Authority ("VBDA"), 50 acres of which was for the
purpose of constructing a multi-purpose stadium known as the Virginia Beach Sportsplex
q 1 ("Sportsplex");
12
WHEREAS, pursuant to a Multi-Purpose Stadium Operating and Use Agreement
13 dated as of October 6, 1997 (as amended, the "Operating Agreement"), the VBDA has entered
14 into an agreement with Hampton Roads Sports, L. L. C., a Virginia hmited habihty company
("Operator") for the use and operation of the Sportsplex as a soccer facdity;
16
WHEREAS, the Operator has advised the VBDA and the City that it will no
longer use or operate the Sportsplex for the purposes contemplated in the Operating Agreement,
18
WHEREAS, the parties have engaged in negotiations in an attempt to amve at
acceptable terms under which the Operating Agreement, and the Operator's right to use and
2 0 operate the Sportsplex, will be terminated;
21
WHEREAS, the City Councd believes that the Summary of Terms previously
2 2 provided Council in the Agenda package accompanying this Resolution, as well as the definitive
23 documents implementing such Summary of Terms on file in the City Clerk's Office, represent a
24 reasonable proposal to resolve all issues in d~spute between the parties; and
25
WHEREAS, the City Council desires to request the VBDA to approve the
2 6 proposal set forth in the Summary of Terms and to enter into a Termination Agreement
2 7 Regarding the Use and Operation of the Vlrglma Beach Sportsplex and other definitive
2 8 documents in accordance therewith and in furtherance thereof.
29
THEREFORE BE IT RESOLVED, by the Council of the City of Virginia Beach,
3 0 V~rg~nla, that the City of Virglma Beach Development Authority ~s requested to approve and
31 enter into defimtlve documents that include those terms and comdltlons contained in the
32 Summary of Terms, including a Termination Agreement Regarding the Use and Operation of the
3 3 V~rgima Beach Sportsplex, and other definitive documents in form substantially as those on file
35
~n the City Clerk's Office.
Adopted by the Council of the City of Virginia Beach, V~rgima, on the 13 day
of March, 2001
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
City Attorney's Office
CA-8015
ORDINLNONCODE\CA8015.Res
March 6, 2001
R1
Sportsplex - Proposed Termination Agreement
Summary of Terms
$713,000 payable by the Operator to the Authority, in increments, w~th the final payment
due November 15,2001
$300,000 payable by the Operator to the Authority either (a) ~n ~ncrements, with the final
payment due November 15, 2001, if an acceptable substitute team owner Is not found, or
(b) in increments of $60,000 per year for five years if an acceptable substitute team owner
is found by July 15, 2001.
Operator to deposit $100,000 earnest money with Authority (to be credited against
$713,000 obligation at settlement)
Operator to post $500,000 letter of credit to secure its obligations under this proposed
agreement.
Operator's principals to provide personal guarantees of all indebtedness, with acceleration
of debt upon default
Operator to quit-claim to the Authority any rights it has to all fixtures, equipment, and
improvements at the Sportsplex (Operator estimates depreciated value of at least
$942,489)
· City to become operator upon execution of agreement.
· Operator to vacate Sportsplex within 60 days of execution of agreement.
- 41 -
Item V-I. 14.
ORDINANCES/RESOL UTION
ITEM # 4 7914
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
License Refunds: $34,832.61
Votmg 11-0 (By ConsenO
Council Members Votmg Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Votmg Nay
None
Councd Members Absent
None
March 13, 2001
FORM NO C A 8 REV ~/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
CACl INC FEDERAL
CLUB SOFTWARE & COMPUTER WAREZ
FINANCIAL EXCHANGE CO OF VA INC
FINANCIAL STAFFING 2000 INC
GENUINE PARTS COMPANY
GLENROCK CORPORATION
LIKOURIS, VASSILIS & WOOTON NORA
STRATEGIC SYNERGY LLC
TABBATH CORPORATION
TATUM WILLIAM A
TIDEWATER VETERINARY ASSOC
21 ST CENTURY REMODELING INC
WASH SYSTEMS UNLTD INC
02/14/01 AUDIT 17,299 48 4,055 52 21,355 00
02/08/01 AUDIT 861 81 18318 1,044 99
02/12/01 AUDIT 832 07 83 17 915 24
2001 02/14/01 130 00 0 00 130 00
2001 02/14/01 100 00 0 00 100 00
12/29/00 AUDIT 592 48 43 18 635 66
02/14/01 AUDIT 10 61 1 17 11 78
02/08/01 AUDIT 20 00 1 92 ° 21 92
2001 02/16/01 32 24 0 00 ' 32 24
02/12/01 AUDIT 460 00 130 28 590 28
02/08/01 AUDIT 100 00 28 32 128 32
02/14/01 AUDIT 48 58 0 00 48 58
02/08/01 AUDIT 25 28 4 47 29 75
~omm~s~ofie~ of tile Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng
C~ty of Virginia Beach on the
25,043 76 were approved by the Councd of the
13 day of March ,20 O1
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcatlons for hcense refunds, upon cert,flcatlon
of the CommissIoner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
ADVANCE HAULING INC
ADVANCE STORES COMPANY INC
AMERICAN MULTI CINEMA INC
AUGUST ROSALYN L
B BRUCE TAYLOR CO INC
BLOCKBUSTER INC
COASTAL CREDIT LLC
FAMILY DOLLAR STORES OF VA INC
FANTON IVAN BRET
GOT SOME DECISIONS INC
HOLLYWOOD ENTERTAINMENT CORP
INTERIORS UNLIMITED INC
MAKE IT SEW INC
SATURN OF VIRGINIA BEACH INC
SOLAR SERVICES INC
SUPPORT SERVICES OF VA INC
2001 02/16/01 31 93 0 00 31 93
2001 02/19/01 25 19 0 00 25 19
2001 02/20/01 100 00 0 00 100 00
2001 02/20/01 410 00 0 00 410 00
02/16/01 AUDIT 10 18 0 00 10 18
2001 02/21/01 20 82 0 00 20 82
2001 02/15/01 50 00 0 00 50 00
2001 02/16/01 907 11 0 00 907 11
2001 02/15/01 6 80 0 00 6 80
02/19/01 AUDIT 726 08 72 62 798 70
2001 02/20/01 180 82 0 00 180 82
02/16/01 AUDIT 377 43 49 57 427 00
2001 02/15/01 39 19 0 00 39 19
2001 02/15/01 150 00 0 00 150 00
2001 02/21/01 12 25 0 00 12 25
02/16/01 AUDIT 6.588 04 30 82 6,618 86
Ce ~fled s P
e
/City Attorney's Office
Th~s ordinance shall be effective from date of
adopbon.
The above abatement(s) totahng
City of Virginia Beach on the
9,788 85 were approved by the Councd of the
13 day of March ,20 01
Ruth Hodges Smith
City Clerk
- 42 -
Item V-J.
PLANNING
ITEM # 4 7915
1. RCR MANAGEMENT COMPANY, INC.
MODIFICATION TO THE GREEN
R UN LAND USE PLAN
2. WILSON AND ALICE BISHOP
SUBDIVISION VARIANCE
3. TAL C/NE WTO WN ASSOCIATES
CONDITIONAL USE PERMIT
4. OCEANA DEVELOPMENT, L.P.
CONDITIONAL USE PERMIT
5. BILL Y W. CHAPLAIN
CONDITIONAL CHANGE OF ZONING
And
CONDITIONAL USE PERMIT
6. DRA GAS ASSOCIATES VIII, L. C.
CONDITIONAL CHANGE OF ZONING
March 13, 2001
- 43 -
Item V-J.
PLANNING
ITEM # 4 7916
Upon motton by V~ce Mayor Sessoms, seconded by Councdman Branch, Ctty CouncdAPPROVED in ONE
MOTION Items 2, 4, 5 (DEFERRED) and 6 of the PLANNING AGENDA
Item 15 was DEFERRED until the City Council Session of March 27, 2001, BY CONSENT
Votmg 11-0
Councd Members Vottng Aye
Lmwood 0 Branch, III, Margaret L Eure, Wllham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandlgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor Wdliam D Sessoms, Jr and Rosemary Wdson
Council Members Voting Nay
None
Councd Members Absent
None
Council Lady Parker ABSTAINED on Item 6 (DRA GAS ASSOCIATES VIII, L. C.)
March 13, 2001
Item V-J. 1.
- 44 -
PLANNING
ITEM # 4 7917
Attorney Leshe R Watson, One Columbus Center, Sutte 1100, Phone, 497-6633, represented the apphcant
Ralph Joyner, 1936 Ashmont Drtve, Phone 471-5676, the apphcant, represented htmself
The followtng regtstered tn OPPOSITION
Mtchael d Sprangers, Executtve Dtrector- Green Run Homes Association, 1408 Powder Ridge Court,
Phone 427-2600
Upon motton by Councd Lady McClanan, seconded by Councd Lady Parker, Ctty Councd DENIED the
Apphcatton of RCR MANAGEMENT COMPANY, INC.,for a MODIFICATION to the Green Run Land
Use Plan to allow motor vehtcle rentals (trucks)
ORDINANCE UPON APPLICATION OF RCR MANAGEMENT
COMPANY, INC FORA MODIFICATION TO THE GREENR UN LAND
USE PLAN TO ALLOW MOTOR VEHICLE RENTALS (TRUCKS)
Ordtnance upon apphcatton of RCR Management Company, Inc for a
modtficatton to the Green Run Land Use Plan to allow motor vehtcle
rentals (trucks) at the northwest corner of Lynnhaven Parkway and
Prtmrose Lane (GPIN #1485-78-3134) Satd parcel ts located at 1401
Lynnhaven Parkway and contatns 3 797 acres ROSE HALL -
DISTRICT 3
Councd Lady Parker requested the Ctty Attorney draft a Resolutton to be scheduled for the Ctty Councd
Sesston of March 2 7, 2001, for revtew by the Planmng Commtsston re regulattng locattons of motor vehtcle
rentals
Vottng 9-2
Councd Members Vottng Aye
Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera
E Oberndorf Nancy K Parker, and Rosemary Wdson
Councd Members Vottng Nay
Ltnwood 0 Branch, III and Vtce Mayor Wdham D Sessoms, Jr
Councd Members Absent
None
March 13, 2001
Item V-J.2.
- 45-
PLANNING
ITEM # 47918
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED
Apphcatton of WILSON and ALICE BISHOP for a Vartance to Sectton 4 4(b)of the Subdtvtston Ordinance
whtch requtres that all newly created lots meet all requtrements of the Ctty Zonmg Ordtnance (CZO)
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordtnance, Subdtvtston of Wtlson and Ahce
Btshop Property ss located at 1409 Blue Heron Road (GPIN 1498-.59-
4016) DISTRICT 5 - L YNNHA VEN
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
Item V4.3.
- 46-
PLANNING
ITEM # 47919
Cratg Allen, Property owner, 1604 Htlltop West #240, Phone 491-2048, represented the apphcant
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED an
Ordtnance upon apphcatton of TALC/NEWTOWNASSOCIA TES for a Condtttonal Use Permtt for a self-
storage facthty wtth redesigned landscaptng
ORDINANCE UPON APPLICATION OF TAL C/NE WTO WN
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A SELF-
STORA GE FA CILITY R03013038
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of TALC/Newtown Assoctates for a
Condtttonal Use Permtt for a self-storage facdtty on the north stde of
Newtown Road, 320feet more or less west of Broad Meadows Boulevard
(GPI #1468-63-4020) Satd parcel ts located at 909 Newtown Road and
contatns 29, 620 8 square feet more or less BA YSIDE - DISTRICT 4
The followtng condtttons shall be requtred
The destgn of the butldtngs shall be conststent wtth the
photographs submttted wtth the apphcatton and on file tn the
Department of Planntng
The stte shall be developed substanttally as tnchcated on the
submttted stte plan entttled, "Prehmtnary Layout of Amertcan
Classtc Self-Storage Butldmg Addttton, Vtrgtnta Beach,
Vtrgtnta," dated 9-22-00, and prepared by Stte Improvement
Assoctates, Inc Modtficattons to the plan may be made to
comply wtth the provtstons of the condtttons of thts Condlttonal
Use Permit
The proposed butldtngs shall meet the mtntmum front yard
setback (35 feeO as requtred tn Sectton 902 (a) of the City's
Zontng Ordtnance
Etghty feet (80') of Category VI landscaptng shall be tnstalled
along the eastern property hne begtnntng at the northeast corner
of thts phase of the complex
All outdoor hghts shall be shtelded to &rect hght and glare onto
the mtnt-warehouse premises, satd hghttng and glare shall be
deflected, shaded and focused away from all adjotmng property
Any outdoor hghttngfixtures shall not be erected any htgher than
fourteen (14) feet
Any fencing iitstalled parallel shall be wrought iron s_tyle to
Newtown Road and~r tn front of the proposed butldtngs s,'ial!
~iot be~,,..,-' ..... ,,,,~'---'- No barbed wtre, razor wtre, or any other
stmtlar device shall be installed on the fencmg, roof or walls
surroun&ng the property
7 No stgnage shall be tnstalled on thts property
8 There shall be no electric or &eselpower generator or generator
fueled by any other source of energy located outstde the butldtng
The storage umts shall be used only for the storage of goods
The umts shall not be used for office purposes, band rehearsals,
restdenttal dwelhngs or any otherpurpose not conststent wtth the
storage of goods
March 13, 2001
Item V-d. 3.
-47-
PL,4NNING
ITEM It 4 7919 (Continued)
10 A stormwater management facthty shall be adequately stzed and
tnstalled as to meet or exceed the requirements set forth tn both
the Ctty of Vtrgtnta Beach Chesapeake Bay Preservation Area
Or&nance and the Stormwater Management Or&nance
11 There shall be no storage of motortzed vehicles on the property
12
A 6-foot htgh wrought-tron style fence shall be tnstalled along
the Newtown Road frontage of thts stte and the Newtown Road
frontage of the adjotntng sttes to the west owned by the apphcant
and developed wtth mtnt-warehouse structures The fence may
be of matertal other than wrought-iron but shall be "wrought-
iron" tn style Trees and shrubs shall be planted m front of the
wrought-tron style fence conststent wtth the plan entttled,
"Prehmtnary Landscape Plan for American Classtc Self-
Storage But[dtng Addttton, Vtrgtnta Beach, Vtrgtnta," dated 3-5-
01, by Stte Improvement Assoctates
Thts Or&nance shall be effective tn accordance wtth Section 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth qf March, Two Thousand
One
Vottng 7-4
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlltam W Harrtson, Jr, Barbara M Henley,
Louts R Jones, Robert C Mandtgo, Jr, Vtce Mayor Vgtlham D
Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan, Nancy K Parker and Mayor
Meyera E Oberndorf,
Counctl Members Absent
None
March 13, 2001
Item V-J.4.
- 48-
PLANNING
ITEM # 4 7920
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of OCEANA DEVELOPMENT, L.P. fora Condtttonal Use Permtt, fora bulk
storage yard
ORDINANCE UPON APPLICATION OF OCEANA DEVELOPMENT,
L P, FOR A CONDITIONAL USE PERMIT FOR A BULK STORA GE
YARD R03013039
BE IT HE. BY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Oceana Development, L P, for a
Con&ttonal Use Permtt for a bulk storage yard on property located at
the south stde of Productton Road, east of Central Drtve (GPIN 1496-
78-8011, part of 1496-78-1063) Satd parcel ts located at 2649
Production Road), contatmng 2 2498 acres (DISTRICT 6 - BEACH)
The following condtttons shah be reqmred
1 The reqmred stx (6)foot fence shall meet the mtmmumfront yard
setback as requtred tn the City Zontng Or&nance
The street frontage landscaptng, parallel to Productton Road,
shall match that of the landscaping tnstalled tn front of the
extsttng office warehouse and shall meet the Ctty of Vtrgtma
Beach Parktng Lot and Foundatton Landscaptng Spectficattons
and Standards for street frontage landscaptng
The extsttng property hne dtvwhng the proposed storage yard
from the property wtth the office warehouse shall be vacated and
the re-subdtvtston of these two (2) parcels shall be recorded wtth
the Clerk of the Ctrcutt Court prtor to commencement of any land
dtsturbtng acttvtty
Category VI landscaping, as spectfied tn the Landscape,
Screemng and Buffertng Spectficattons and Standards of the Ctty
of Vtrgtnta Beach, shall be tnstalled around the perimeter of the
storage yard
5 No tngress or egress tnto the storage yard shah be permttted
chrectly off of Productton Road
Calculattons shall be submttted to the Planntng Department,
Development Servtces Center, that tn&cate the extsttng storm
water management facthty ts suffictently stzed to accept and treat
theproposed contractor's storage yard These calculattons shall
constder the yard to be constructed of tmpervtous materzal In
the event that the extsttng stormwater management facthty ts not
adequately stzed to treat the stormwater runoff from the
proposed contractor's storage yard, the contractor's storage
yard shall be reconfigured to accommodate the necessary
stormwater management factltty
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgmta, on the Thtrteenth Of March, Two Thousand
One
March 13, 2001
- 49-
Item V-J. 4.
PLANNING
ITEM # 4 7920 (Continued)
Votmg 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
Item V-J. 5.
- 50-
PLANNING
ITEM # 47921
Upon morton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl DEFERRED to
March 27, 2001, Ordtnances upon apphcatton of BILLY W. CHAPLAIN a for a Con&ttonal Change of
Zomng and Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO
CONDITIONAL B-2
Ordinance upon apphcatton of Btlly W Chaplatn for a Condtttonal
Change of Zoning from A-12 Apartment Dtstrtct and RT-3 Resort Tourtst
Dtstrtct to Condtttonal B-2 Communtty Bustness Dtstrtct on the west stde
of Washtngton Avenue beginning at potnt 140feet more or less south of
Vtrgtnta Beach Boulevard, 849 and 853 Vtrgtnta Beach Boulevard
(GPIN #2417-86-2074) and contatns 23,850 square feet BEACH-
DISTRICT 6
AND,
ORDINANCE UPON APPLICA TION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD
Ordtnance upon apphcatton of Billy W Chaplatn for a Condtttonal Use
Permtt for a bulk storage yard at the southwest corner of Vtrgtn ta Beach
Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satdparcel
ts located at 849 & 853 Vtrgtma Beach Boulevard and contatns 19,000
square feet BEACH - DISTRICT 6
Vottng 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
Item V-J. 6.
- 51 -
PLANNING
ITEM # 4 7922
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED
Or&nance upon apphcatton of DRAGAS ASSOCIATES VIII, L.C. for a Condtttonal Change of Zomng
ORDINANCE UPON APPLICATION OF DRA GAS ASSOCIATES VIII,
L C, A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO
CONDITIONAL A- 12 Z03011196
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Dragas Assoctates VIII, L C, a Vtrgtma
Ltmtted Ltabthty Company, for a Change o_f Zontng Dtstrtct
Classt_ficatton from R-5D Restdenttal Duplex to Condtttonal A-12
Apartment Dtstrtct w~th PD-H2 Planned Untt Development Overlay on
certatn property located on the west stde of Kempsvtlle Road, begtnntng
at a potnt 1300feet more or less south of Monument Drtve (GPIN #1455-
50-2073,1454-59-2582) The proposed zomng classtficatton change to
Condtttonal A-12 ts for multt-famtly land use at a denstty no greater than
12 dwelhng umts per acre The Comprehenstve Plan recommends use of
this parcel for open space/parkland use tn accordance wtth other Plan
pohctes Said parcel contatns 298231 acres (DISTRICT 1 -
CENTER VILLE),
The followtng conthttons shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Thtrteenth qf March, Two Thousand
One
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Vice Mayor Wtlham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Nancy K Parker
Counctl Members Absent
None
Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools
thetr chent for years
George Dragas has been
March 13, 2001
P.S. I B
City of Virginia Reach
In Reply Refer To Our File No. DF-5256
TO:
FROM:
DATE: M~ch 2, 2001
Leslie L. Lilley
William M. Macali ~
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application
Dragas Associates VIH, L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 13, 2001. I have reviewed the subject proffer agreement, dated
December 15, 2000, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
:'REPARED BY
GARNES. BCXJRDON
& AHERN. PC
'OFINEY~ AT LAW
DRAGAS ASSOCIATES VIII, L.C., a Virginia limited liability company
HAZEL M. MOSELEY, STEPHEN B. QUICK, HI and OLGA C. QUICK
TO [PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 15m day of December, 2000, by and between
DRAGAS ASSOCIATES VIII, L.C., a Virginia limited liability company, party of the
first part, GRANTOR; HAZEL M. MOSELEY, STEPHEN B. QUICK, III and OLGA C.
QUICK, parties of the second party, GRANTORS; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Vir~i-i~, GRANTEE.
WITNESSETH:
WHEREAS, the party of the first part is the owner of a certain parcel of
property located in the Centerville District of the City of Virginia Beach, containing
approximately 20.5 acres as more particularly described as Parcel I in Exhibit 'A"
attached hereto and incorporated herein by this reference which parcel, along with
Parcel 2 is herein referred to as the "Property'; and
WHEREAS, the parties of the second part are the owners of a certain parcel of
property located principally in the Centerville District of the City of Virginia Beach,
containing a total of approximately 11.6 acres as more particularly described as
Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference, which
parcel along with Parcel 1 is referred to herein as the "Property"; and
WHEREAS, the party of the first part as contract purchaser of Parcel 2 has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the GRANTEE so as to change the Zoning
Classification of the Property from R-5D to A-12 with PD-H2 Overlay; and
WHEREAS, the GRANTEE'S policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
GPIN: 1455-50-2073
1454-59-2582
-1-
'AIRED BY:
INES. BOURDON
EFIN. PC
IEYS AT LAW
WHEREAS, the GRANTOR acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally appUcable to
land similarly zoned are needed to cope with the situation to which the GRANTOR~J
rezoning appUcation gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of
and prior to the pubUc hearing before the GRANTEE, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the A-12
Zoning District by the existing overall Zoning Ordinance, the foUowing reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable
to the Property, which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning.
NOW, THEREFORE, the GRANTOR, for itself, its successors, personal
representatives, assigns, GRANTEE, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or quid p.ro .quo for zoning,
rezoning, site plan, building permit, or subdivision approval~ hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons cl_~imlng under or through the GRANTOR, its successors, personal
representatives, assigns, GRANTEE, and other successors in interest or title:
1. The aDEVELOPMENT CONCEPT for the Tarleton Oaks at Tallwood THE
Dragas COMPANIES', prepared by Thomas J. Steele, landscape architect, dated
December 15, 2000 (aConcept Plan'), which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning,
-2-
P~ BY
& .N'41EFgd. RG.
shall be substantially adhered to so that there shall be coordinated design and
development of the site in terms of vehicular circulation, parking, buffering,
landscaping, tree preservation, building location, building orientation, stormwater
management facilities as landscape features, w~lldng trails and recreational
amenities to better foster a sense of community. In addition to the depicted
improvements, no less than eight (8) parking spaces shall be provided at each of the
swimming pools.
2. Vehicular Ingress and Egress shall be limited to one (1) entrance with
median break from Kempsville Road. GRANTOR shall install both fight and left
turn lanes on Kempsville Road of 150 feet in length with additional 150 foot
transition/taper sections.
3. Walking trails, two (2) swimming pools and two (2) cabanas serving the
residents shall be constructed in the areas depicted on the Concept Plan.
4. Except as expressly set forth herein, all landscaping, berming and
fencing along Kempsville Road as well as the landscaped entrance feature with a
monument style sign shall be substantially as depicted and described on the
Concept Plan. The six foot (6~ privacy fencing and side wall of the storage sheds
attached to the two (2} buildings north of the entrance shall be setback a minimum
of eighteen feet (18~ from the ed§e of curb. The buildings located south of the
entrance shall be setback a minimum of forty feet (40~ from the edge of curb with
the six foot (6) privacy fence setback thirty feet (30~ from the edge of curb.
5. Each of the ttgrty.-nine (39} residential four-plex condominium
buildings shall be two (2) story with four (4) units per buildin§ and no unit shall
have more than two {2) bedrooms. Each of the twenty-eight (28) townhome
condominium buildings shall be two (2) story with three (3) to six (6) residential
units per buildin§. No townhome unit shall have more than three (3) bedrooms.
6. The GRANTOR acknowledges that the GRANTEE has an adopted Open
Space Plan which identifies a need for, and seeks to foster the preservation and
creation of, areas of open space within the City. In addition to the open space
provided on the Concept Plan, the GRANTOR agrees to contribute the sum of
-3-
~mED BY.
~ BOURDON
IERN. PC.
IEYS AT LAW
$300,000.00 to GRANTEE to be utilized by the GRANTEE to acquire land north of
that portion of the City identified in the Comprehensive Plan as the 'Transition
Area' for open space preservation. GRANTOR agrees to make a per unit payment of
One Thousand Six and 72/100 Dollars ($1,006.72) for each residential unit shown
on any approved Site Plan prior to the issuance by GRANTEE of a bufldin§ permit
for said residential unit. If the funds proffered by the GRANTOR in this Paragraph
are not used by the GRANTEE anytime within the next twenty (20) years for the
purpose for which they are proffered, then any funds paid and unused may be used
by the GRANTEE for any other public purpose.
7. The architectural design of the residential buildings will be as depicted
on the two (2) exhibits entitled 'Architectural Elevations Tarleton Oaks at Tallwood
THE DRAGAS COMPANIES', dated August 11, 2000 ('Elevations'), with brick as the
predominant exterior building material. The Elevations have been exhibited to the
Virginia Beach City Council and are on ~e with the Virginia Beach Department of
Planning. The colors used may vary from those on the exhibits but all will be earth
tones.
8. The total number of living units permitted to be constructed on the
Property shall not exceed two hundred ninety-eight (298).
9. Further conditions may be required by the GRANTEE during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the GRANTOR and allowed
and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent _~mendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
-4-
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the GRANTEE, after a public hearing before the GRANTEE
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded alone
with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Vir~nia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the govern/ng body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to brinE le§al action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunc.tion,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet All conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the GRANTOR shall petition the governing body for
the review thereof prior to instituting proceeriings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the name of the GRANTOR and the
GRANTEE.
-5-
~M:IEDBY
.qNES. BOURDON
HERN, PC
NEYS~W
WITNESS the following signature and seal:
GRANTOR:
Dra§as Associates VIII, L.C.,
a Virginia limited liability company
By:
Dragas Management Corp.,
a Virginia corporation, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing /nstrument was acknowledged before me this &'~day of
December, 2000, by Helen E. Dragas, President of Dra§as Management Corp., a
Virginia corporation, Managing Member of Dragas Associates VIII, L.C., a Virginia
limited liability company.
My Commission Expires:
Notary Public
-6-
PREPAR~ BY'
. r.N:INES. BOURDON
A AHEFIN. P.C
~S AT LAW
WITNESS the following signature and seal:
GRANTOR:
STATE OF VIRGINIA-,.
C~TY O ~ ~','~-,~'~"~ Z~-,,~' ,~-~o_~t:
The foregoing instrument was acknowledged before me this
December, 2000, by Hazel M. Moseley.
My Commission Expires: ////~~-'~
-7-
(SEAL)
/~ l[~-day of
~ BY
~IES. BOURDON
IERN. PC
IEYS AT LAW
WITNESS the following siEnature and seal:
GRANTOR:
STATE OF VIRGINIA,__
CITY O I~/~ ~/~/~-~o-wit:
The foregoing instrument was acknowledged before me this
December, 2000, by Stephen B. Quick, III.
Public
My Commission Expires:
-8-
(SEAL)
~ .~ay of
REPARED BY
CAI~E~. BOURDON
, AHERN. P.C.
~ AT I.AW
WITNESS the foUowing signature and seal:
GRANTOR:
Olg~/C. Quick
(SEAL)
STATE OF VIRGINIA, .~ . __.
c: T~ 0 ~ ~//~~/~~o-~:
The foregoing instrument was acknowledged before me this ~~"day of
December, 2000, by Olga C. Quick.
Notary Public
My Commission Expires: ~r~p/~F
-9-
~ BY.
I~F.S. BOURDON
'El:IN. P.C.
~IEYS AT LAW
PARCEL ONE:
ALL THAT certain lot, tract or parcel of land together with improvements thereon,
belonging, lying, situate and being in the City of Virgirda Beach, Virginia, and
designated and described as: "AREA = 911,420 SQ. FT. = 20.923 ACRES', as
shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED
BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM JOSEPH ALFRED
ROBERTSON KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINA Scale 1' = 200'
JANUARY 17, 1980 REVISED THROUGH DEC. 05, 1988 BUREAU OF SURVEYS
AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS, CITY
OF VIRGINIA BEACH, VIRGINIA."
GPIN: 1455-50-2073
PARCEL TWO:
ALL THAT certain lot, piece or parcel of property, together with the improvements
thereon and the appurtenances thereunto belonging, lying situate and being in the
Kempsville Magisterial District of the City of Virginia Beach (formerly Princess Anne
County), Virginia, described as follows:
Bounded on the north side by the land of Kather/ne Bunch, on the west by the land
of R. E. Thrasher, on the south by the land of Sarah Shepherd and on the East by
the County Road leading from Oak Grove to Kempsville and being on the west side
of the road.
Said property also being described and referenced in the Deed recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 2639, Page 0881.
GPIN: 14454-59-2582
CONDREZN/DRAGAS/TARLETON! PROFFER
-10-
- 52 -
Item V-K. 1.
APPOINTMENTS
ITEM # 4 7923
BY CONSENSUS, City Counctl RESCHEDULED the followtng Appotntments
COMMUNITY SER VICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
March 13, 2001
- 53 -
Item V-K. 2.
APPOINTMENTS
ITEM # 4 7924
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council APPOINTED
Norman W. Carrick
Unexpired Term thru 6/30/03
SHORE DRIVE AD VISOR Y COMMITTEE
Vottng 11-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
- 54 -
Item V-K. 3.
APPOINTMENTS
ITEM # 4 7925
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd REAPPOINTED
Kenneth F. Palmer
I-Year Term
4/1/01 - 3/31/02
THE PLANNING COUNCIL
Vottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
March 13, 2001
Item V-K. 4.
- 55 -
APPOINTMENTS
ITEM # 47926
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED
Gene Earl Feuerhahn
William A. Hearst
Terry Jenkins, Ph.D
H. June Robertson
Glenn Charles Snyders
3-Year Terms
4/1/01 - 3/31/04
VIRGINIA B EA CH HEAL TH SER VICES AD VIS OR Y BOARD
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 13, 2001
- 56-
Item V-M. 1.
NE W BUSINESS
ITEM # 4 792 7
Mayor Oberndorf tntroduced Deputy City Attorney Randall M. Blow, newly appointed Judge of Juvenile
and Domestic Court Mayor Oberndorf advtsed the Ctty Counctl ts proud of btm He ts a very responstble
gentleman and all are fond of his marvelous famtly
Randy extended apprectatton to the Mayor and Members of Ctty Council, Ctty Manager, Ctty Attorney, the
Ctty Clerk and her staff for the great experience Randy has been wtth the Ctty 18 and ~/; years The two
smartest career moves of hts hfe were accepting employment wtth the Ctty Attorney's office and "dttchtng"
hts ortgtnal game plan to rematn wtth the Ctty Attorney's office for two or three years, retammg expertence
and then movmg on The Judgeshtp ts a wonderful opportuntty Randy was born and ratsed tn Vtrgmta
Beach and loves thts Ctty He looks forward to servtng out hts career and rettrtng tn Vtrgtnta Beach Thts
move "to the Bench" ts effecttve 2 Aprt12001
March 13, 2001
Item V-M. 2.
-57-
NE W BUSINESS
ITEM # 4 7928
At 10 OO A M, the Sixth day of March, Two Thousand and One, tn the Ctty of Vtrgtnta Beach, &ster Ctttes
Internattonal chartered the unton of Virginia Beach, Virginia, and North Down, Bangor, Northern
Ireland The Charter Statement was sealed by the stgnatures of the Mayor of the Ctty of Vtrgmta Beach,
Meyera E Oberndorf, and the Mayor of the Borough of North Down, Alan Chambers
Mayor Oberndorf extended apprectatton to all members of Ctty Counctl for welcomtng North Down, Bangor,
Northern Ireland, and especially to Ruth Hodges Smith, MMC, Ctty Clerk and Ltatson to the Mayor's Sister
City Commtsston, for her unselfish endeavors on behalf of our newest Sister Ctty Mrs Smtth coordmated
the venture and all acttvtttes, tncludtng meettng thetr fltght, school exchange vtstts, vtstt to the USS Churchtll
and Vtrgtma Martne Sctence Museum tours, attendtng the Vtrgtnta Beach Symphony rehearsal as well as
arrangtng all dtnners and recepttons She ts an excellent orgamzer
The North Down-Bangor Mayoral Delegatton conststed of
Mayor Alan Chambers
,41derman Leslie Cree
Councillor Marsden FitzSimons
Councillor Roberta Dunlop
Chief Executive Trevor Polley
Reporter Helen {McDowell} Boyd
Mayor Oberndorf further advised the shtpment contatmng the ceremomal wtg and robes as well as gtfts of
the delegatton was detoured by Customs tn Ctnctnnatt The reason for the delay was the wtg contained
"horse hatr", as all are concerned wtth mad cow and hoof and mouth dtseases Mayor Oberndorf satd the
shtpment arrtved the morntng of thetr departure Mayor Chambers agatn called on the Ctty Clerk to asstst
tn dehvery to those who could be reached Frtday morntng and to make dehvertes to others after thetr
departure
March 13, 2001
- 58-
Item V-M. 3.
NE W BUSINESS
ITEM # 4 7929
B Y CONSENSUS,
CLERK TO RECORD the ABSTRACT OF LEGAL CIVIL CASES -
Resolved by the Ctty Attorney - February 2001
March 13, 2001
- 59-
Item V-N. 1
ADJOURNMENT
ITEM # 47930
Mayor Meyera E Oberndorf DECLARED the City Councd Meeting ADJOURNED at 4:12 P.M.
Hooks, CMC
Chtef Deputy Ctty Clerk
C~ty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
March 13, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE RIGHT TO LEGAL REPRESENTATION DURING
THE GRIEVANCE PROCEDURE
SECTION AMENDED: 2-136
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-136 of the City Code is hereby amended and
8 reordained to read as follows:
9 Sec. 2-136. Legal representation.
10
The grievant may, at any step beyond thc sccond step ~ of this
11 procedure, be accompanied or represented by an~=~.~==~~~~ ~f his or
12 hcr choicc a third party who may be legal counsel. Representation
13 of the grievant shall be at the expense of the grievant.
14 Management may likewise be represented by legal counsel at any step
15 beyond thc sccond step ~ of this procedure; provided, however, that
16 management may not be represented by legal counsel at (i) step 3 of
17
this procedure unless the grievant is also represented by legal
18 counsel, or (ii) step 4 of this procedure unless the qrievant is
19 represented by a third party. The city attorney or a designated
20 alternate attorney may not simultaneously provide counsel to the
21 personnel board while serving management on the same grievance.
22
23
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 13 day of March , 2001.
24
25
26
CA-7976
DATA/ODIN/PROPOSED/02-136ord.wpd
R2 - PREPARED: February 12, 2001
- 59-
Item V-N. 1
AD JO URNMENT
ITEM # 4 7930
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 4:12 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
h, MMC
Ctty Clerk
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
March 13, 2001