The URL can be used to link to this page

Home My WebLink AboutJUNE 3, 2003 AGENDA (2)CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Bawtde - Dt~trtct 4 HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2 MARGARET L EURE, Centervtlle - Dt~trtct 1 REBA ~ ,VlcCLANAN, Rose Hall - Dt~trtct 3 RICHARD A MADDOX, Beach - Dtvtrtct 6 JIM REEVE, Princess Anne - Dtatrtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-La~ ge JAMES L WOOD, Lynnhaven -Dtstrtct 5 JAMES K SPORE, Cttv Manager LESLIE L LILLEE Cttv Attorney RUTH HODGES SMITH, MMC, Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 3 June 2003 CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINI4 BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MA IL Ctycncl@ vbgov ~ om I CITY MANAGER'S BRIEFING - Conference Room - 1:30 PM Town Center Phase II - Rewew of Documents Leshe L. L~lley, C~ty Attorney CITY COUNCIL DISCUSSION 1. Pubhc/Pnvate Educational Faclht~es and Infrastructure Act of 2002 (PPEA) III. REVIEW OF AGENDA ITEMS IV COUNCIL LIAISON REPORTS V CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room - 4:00 PM B B CALL TO ORDER - Mayor Meyera E Oberndorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION · ! VII FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E Oberndorf B. INVOCATION: Reverend David Howard, Pastor Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1 INFORMAL AND FORMAL SESSIONS May 27, 2003 G. AGENDA FOR FORMAL SESSION H MAYOR'S PRESENTATION Proclamation - NATIONAL HUNGER AWARENESS DAY- June 5, 2003 Foodbank of Southeastern %rg~ma I. PUBLIC HEARING 1. Pubhc/Prlvate Educational Famht~es and Infrastructure Act of 2002 (PPEA) J. CONSENT AGENDA K ORDINANCES/RESOLUTIONS Ordinance AUTHORIZING the City Manager to execute and modify, as necessary, an Agreement and applicable documents with Town Center Associates supporting the %rg~ma Beach Development Authonty's obllganon re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority. 2. Ordinances to AMEND C~ty Code § 2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau § 10 5-1 and 10-5-2 to comply w~th recent legislation amending the Code of Virginia re Emergency Medical Services (EMS) C. § 21-72, 21-75 and 21-86 re local vehicle licences by clarifying "administrative provisions" for the Department of Motor Vehicles (DMV) d § 36-57 re parking or stopping of charter buses on streets in the Resort Area Ordinance to ACCEPT and APPROPRIATE $9,765 from the U.S. Justice Department to the Police Department's FY 2002-03 operating budget to support equipment purchases for the Bomb Squad . Ordinance to AUTHORIZE acqmsltlon of approximately 36 821 acres from DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 o Resolution re procedures for considering unsolicited requests form private entities re qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002; and, direct the City's Purchasing Agent to cause these procedures be available to the public and post same in the City's Purchasing office and on the web site Resolution to AUTHORIZE and direct the C~ty Manager implement the City Policy's re the use of Lake Wesley as an industrial anchorage or storage of construction equipment L. PLANNING o Application of NEW FELLOWSHIP BAPTIST CHURCH for a Conditional Use Permtt re a freestanding church at 3308 Continental Street (DISTRICT 3 - ROSE HALL) Deferred Recommendation May 27, 2003 APPROVAL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION EASTERN VIRGINIA MEDICAL SCHOOL FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL N UNFINISHED BUSINESS O NEW BUSINESS ADJOURNMENT City Council, in trying to be more responsive to the needs of citizens who attend the meetings, has adopted the following time limits for future Formal Sessions Applicant or Applicant's Representative 10 Minutes Attorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Applicant's Rebuttal 3 Minutes THESE TIMES WILL BE STRICTLY ADHERED TO. Agenda 06/03/03/bib www vbgov corn If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) I CITY MANAGER'S BRIEFING ii - Conference Room - ii 1:30 PM . Town Center Phase 11 - Revaew of Documents Leslie L. Lilley, City Attorney II CITY COUNCIL DISCUSSION II Public/Private Educational Facihties and Infrastructure Act of 2002 (PPEA) 111. REVIEW OF AGENDA ITEMS IV. COUNCIL LIAISON REPORTS V. CITY COUNCIL COMMENTS ii i i I E i i i i · VI. i ii i i i i i - I i Ii i ' i I i ii INFORMAL SESSION -Conference Room- i 4:00 PM Bo Bo Co CALL TO ORDER- Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION · i i i CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach 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 wi'ach 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. VII. I I Il I I Il ~ I FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Howard, Pastor Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 27, 2003 G. AGENDA FOR FORMAL SESSION i i ~ i i i i Ho ii i MAYOR'S PRESENTATION ii i i ii i i Ii ii . Proclamation - NATIONAL HUNGER AWARENESS DAY- June 5, 2003 Foodbank of Southeastern Vxrgania ii ii iii i i rocfamatz'on Whereas: Whereas: Whel'ea$: Whereas: It is ~vith deep concern for the thousands of citizens ~vho face increasing d~ficulties feeding their families that I join ~oith The Boodbank of Southeastern Virginia as they support America's Secondglaroest's National 9lungerAzvareness campaign to feed hungry children; and Because of the sharp doxtrnturn in the economy, 116, O00 families in South 9lampton P~oads on a daily basis are relying on the qroodbank to secure food for their families; and The qroodbank of Southeastern Virginia has seen an increase in demand for food-particularly among famibes ~ith children- and has launched a local campaign to secure additional resources to help ease child hunger;, and During the schoolyear there are over 78, 000 children enrolled in thejCree or reduced price lunch program, yet in the summer only 17 percent of these children participate in a summer feeding program - leaving many children xvithout the proper nutrition they need, let alone a fullstomach; and The qroodbank of Southeastern Virginia, along xvith over 300 partner agendes, is supporting the HationalglungerA~vareness Day campaign and plans to spread the ~vord, gather resources, and continue its groxving movement to endhunger, particularly affecting children, in this community; and Any additional donations, funding or volunteer support generated by this HationalCallto Action xeill benefit the more than 116, O00 famibes in need of assistance ~vithin South 91ampton ROads and the outlying areas; and The campaign willproxdde valuable foodresources to those in need of help to reduce hunger within the q:oodbank's community: How, Therefore, L Meyera B. Oberndo~ Mayor of the Oty of Virginia $each, Virginia, do hereby Proclaim: June $, 2003 Hational21untlerAwareness y In Virginia $each, and I encourage ali citizens to join me in supporting The qvoodbankof Southeastem Virginia during this nationalcampaign to provide summer meals for our children, secure additional resources for the communities it serves and for its year-long efforts to "Geed the 9~reed" In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the Oty of Virginia ~eaclg Virginia, to be affixedthis Twenty-fifth day of May, Two ffhousandThree. Meyera B. 06erndo9c Mayor · I II II III I I PUBLIC HEARING 1. Public/Private Educational Facilities and Infrastructure Act of 2002 (PPEA) I I I I I iii I I I ii I i i I i i i J. ORDINANCES/RESOLUTIONS Ordinance AUTHORIZING the City Manager to execute and modify as necessary an agreement and supporting documents w~th Town Center Associates supporting the Virginia Beach Development Authority's obligation re Town Center Phase II, and recommending approval and execution by the Virginia Beach Development Authority. 2. Ordinances to AMEND City Code' ao § 2-440, 2-441-, 2-442, 2-443 and 24-3 re changing the name of Department of Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau bo § 10.5-1 and 10-5-2 to comply w~th recent legislative amending the code of Virginia re Emergency Medical Services (EMS) C. § 21-72, 21-75 and 21-86 re local vehicle licences by clarifying "adm~mstrat~ve provisxons" for the Department of Motor Vehxcles (DMV) d. § 36-57 re parking or stopping of charter buses on streets m the Resort Area o Ordinance to ACCEPT and APPROPRIATE $9,765 from the U.S. Justice Department to the Police Department's FY 2002-03 operating budget to support eqmpment purchases for the Bomb Squad . Ordinance to AUTHORIZE acquisition of approximately 36.821 acres fi'om DAVID B HILL and LUKE H. HILL II at Princess Anne Road and Sandbridge Road for $1,260,000 ° Resolution to ADOPT procedures for cons~denng unsohcited requests form private entities re of qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002; and, d~rect the City's Purchasing Agent to cause these procedures be avmlable to the pubhc and post some in the City's Purchasing office and or the web site. o Resolution to AUTHORIZE and d~rect the City Manager implement the City Policy's re the use of Lake Wesley as an ~ndustnal anchorage or storage of construction equipment i i i i i i i i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approwng Documents for Phase II of the Town Center ProJect, Recommending Approval and Execution by the V~rglnfa Beach Development Authonty, and Authonzing the C~ty Manager to Execute an Agreement Supporting the Authonty's Obhgat~ons MEETING DATE: June 3, 2003 Background: The Town Center Project has been a long-term pnonty for the City The C~ty Council first recogmzed the importance of the Town Center project ~n the Central Bus~ness D~stnct of the Cfty when they adopted the Comprehensive Plan on November 4, 1997 S~nce th~s t~me, the C~ty Council has conbnued ~ts ongoing support of the Project and Phase I of the Project, comprised of a 254,000 square foot office tower, 107,000 square foot of commercial space, a 176-room hotel, a 17,000 square foot bank headquarters building, a 1,278-car pubhc parking garage, and pubhc streets, s~dewalks and ubht~es, has been substanbally completed On December 18, 2001, the C~ty Council approved a non-b~nd~ng Memorandum of Understanding for Phase II of the ProJect that outhned the proposed respons~b~ht~es of the C~ty, the C~ty of V~rgm~a Beach Development Authority, and the Developer Since that t~me, the C~ty Manager and C~ty Attomey have been developing the Phase II Documents Considerations: Phase II of the Town Center w~ll bnng a m~d-nse apartment complex consisting of the h~ghest rents ~n Hampton Roads; a un~que blend of upscale retail and restaurants, and the poss~b~hty of a performing arts theater In add~bon, an additional _+1,400 pubhc parking spaces w~ll be located m two separate pubhc parking fac~hbes Public Information: A pubhc heanng was held on December 11,2001 to prowde c~t~zens the opportunity to offer their ~nput on the Memorandum of Understanding As of May 23, 2003, the Phase II Documents have been accessible onhne through the C~ty's webs~te A pubhc heanng was provided on May 27, 2003 g~wng c~bzens the opportunity to prowde ~nput on the Phase II Documents The agenda for the June 3, 2003 meebng w~ll be handled through the normal Council agenda process. Alternatives: Approval of the Phase II Documents reflects the C~ty's on-going commitment to the long-term priority of developing Town Center There are certainly other alternabves to development of the Central Business Distnct; however, few, ~f any, alternatives accomphsh the Council's stated goals for th~s area or prowde the level of quahty proposed Recommendations: Approve the Phase II Documents for the Town Center Project, request approval and execution by the V~rgm~a Beach Development Authonty, and authonze the C~ty Manager to execute an Agreement supporting the Author~ty's obhgat~ons Attachments: Ordinance Recommended Action: Approval of attached ordinance , Submitting Department/Agency: Econ,orr~,~.l~.e.~elopment and Finance ~,,~'~v. City Manager: F \Data~T~Ordm\NONCOD~CA-8745 arf dol -'~ ORDINANCE APPROVING DOCUMENTS FOR PHASE II OF THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUPPORTING THE AUTHORITY'S OBLIGATIONS 10 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority"), the C~ty Manager and City staff have 12 engaged in extensive negotiations with representatives of Armada/Hoffier Development Company, 13 L.L.C., and its affiliates, regarding the development of a Central Business District Project known as 14 "The Town Center of Virginia Beach" (the "Project"); 15 WHEREAS, the Project is a development arrangement between the Authority and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial development 17 utihzing the structure of an economic development park in the B-3A Pembroke Central Business 18 Core District, an area of the City which is zoned to optimize development potential for a m~xed-use, 19 pedestrian-oriented, urban activity center w~th mid- to high-rise structures that contain numerous 2 0 types of uses, ~ncluding business, retml, residential, cultural, educational and other public and pnvate 21 uses; 22 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 2 3 2567B establishmg the Central Business District-South Tax Increment Financxng Fund (the "TIF 2 4 Fund"); 25 WHEREAS, by Ordinance No. 2570Q adopted February 8, 2000, after finding that 2 6 the Project would stimulate the City's economy, increase public revenues, enhance public amenities 2 7 and further the City' s development objectives for the Central Busxness District, the City Councd (a) 2 8 approved development documents for the Project (the "Phase I Project Documents") containing a 2 9 comprehensive development arrangement for the first phase of the Project and a conceptual outline 3 0 for future phases of the Project, (b) requested that the Authonty approve and execute the Phase I 31 Project Documents, and (c) authorized the City Manager to execute a Support Agreement between 3 2 the City and the Authority pursuant to whmh the C~ty agreed to support the obligations of the 3 3 Authonty under the Phase I Project Documents; 34 WHEREAS, by Resolution adopted February 15, 2000, the Authority approved the 3 5 Phase I Project Documents and thereafter executed the same; 36 WHEREAS, by Resolution No. RES-02908 adopted December 11, 2001, the City 3 7 Council endorsed the Town Center as the location for a potential new performing arts theatre for the 3 8 citizens of the City; 39 WHEREAS, Phase I of the Project, comprised of 254,000 square foot office tower, 4 0 107,000 square foot of commercial space, a 176-room hotel, a 17,000 square foot bank headquarters 41 building, a 1,278-car public parking garage, and public streets, sidewalks and utilities, is nearing 42 completion; 43 WHEREAS, on May 14, 2002, the City Council adopted Ordinance No. 2699B 4 4 creating the Town Center Special Service Distnct to provide additional, more complete and more 4 5 timely services to the Phase I public parking garage, the streets and sidewalks and other public 4 6 facihties and areas in the Project than those services desired in the City as a whole; 47 WHEREAS, Phase I of the Project is to serve as the catalyst for the development of 48 the rest of the Project by the Authority; 49 WHEREAS, the Developer has worked with the City Manager and City staffand has 5 0 proposed a more comprehensive development plan for Phase 11 of the Project than that currently 51 contemplated in the Phase I Project Documents; 52 WHEREAS, by Resolution RES-02909 adopted December 18, 2001, the City Council 53 approved a non-binding Memorandum of Understanding dated November 30, 2001 (the "Phase 11 54 MOLl"), which outlined, among other things, a more comprehensive development plan for Phase II 55 of the Project than that contemplated in the Phase I Development Agreement and the proposed 5 6 responsibilities of the City, the Authority and the Developer with respect to Phase II of the Project; 57 WHEREAS, as recommended by such Resolution, the Authority approved the Phase 5 8 11 MOU pursuant to its Resolution adopted December 18,2001; 59 WHEREAS, the City Manager and the City Attorney, on behalf of the City and the Authority, have pursued the development of a Phase 11 Development Agreement and other related Phase II Documents (collectively, the "Phase II Documents") in substantial conformity with the 62 terms outlined in the Phase 11 MOU; 63 WHEREAS, included as one of the Phase II Project Documents is a Support 64 Agreement between the City and the Authority (the "Phase I1 Support Agreement") pursuant to which the obligations of the Authority contained in the Phase 11 Project Documents are supported by the City, with the traditional pubhc infrastructure costs of Phase II of the Project to be funded in part 67 through the City's CIP and in part through the Authority's Economic Development Investment Program monies, and the other obligations of the Authority structured to be paid, subject to annual 6 9 appropriation, by the available revenue from the TIF Fund and the revenues generated by the special ? 0 tax district; 71 WHEREAS, the City Council finds that Phase II of the Project will stimulate the 72 City's economy, increase public revenues, enhance public amenities, further the City's development 73 object~ves for the Central Business District and promde necessary components to further the goals 74 contained ~n the City's "Guidelines for Evaluation of Investment Partnerships for Economic 7 5 Development"; 76 WHEREAS, the City Council hereby approves the Phase li Project Documents and 77 desires that the Authority approve and execute the Phase II Project Documents. 78 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIl. OF THE CITY OF 79 VIRGINIA BEACH, VIRGINIA; 80 1. The City Council approves the Phase li Development Agreement, a complete 81 copy of which has been provided to City Council and a complete copy of which is on file with the 82 City Clerk (the "Phase Ii Development Agreement"), which implements a development arrangement between the City of Virginia Beach Development Authority (the "Authority") and Town Center 84 Associates, L.L.C. (the "Developer"), for the development of Phase II of the mixed-use commercial 85 development project known as "The Town Center of Virginia Beach" in the Central Business District 86 of the City utilizing the structure of an economic development park (the "Project"). 87 2. The City Council recommends that the Authority adopt a Resolution (a) 88 approving the Phase 12[ Development Agreement and all other documents required to implement the 8 9 provisions ofthe Phase II Development Agreement (collectively, the "Phase II Project Documents"), 90 (b) authorizing the execution of the Phase II Project Documents, and (c) authorizing the City Manager and the City Attorney, on behalf of the Authonty, to proceed with the development of any 92 additional Phase II Project Documents necessary and appropriate or contemplated by the Phase II 93 Development Agreement to ~mplement Phase II of the Project, w~th the Phase II Project Documents 94 to be consistent with the terms outlined in the Phase II Development Agreement. 95 3. On behalf of the C~ty of Virginia Beach, the City Manager and the City 96 Attorney are hereby authorized and d~rected to proceed with the development of any additional Phase 97 II Project Documents necessary and appropriate or contemplated by the Phase II Development 9 8 Agreement to implement Phase II of the Project, with the Phase II Project Documents to contain such 99 terms as are consistent with the terms outlined in the Phase II Development Agreement. loo 4. The City Manager, or his designee, is authorized to execute and deliver (a) the Support Agreement between the City and the Authority supporting the Authority's obligations contained in the Phase II Project Documents, and (b) such other Phase II Project Documents to which the City is a necessary party to enable the Authority to proceed with its obligations in Phase II of the 10 4 Project. 105 5. The City Manager is authorized to modify the Phase 11 Project Documents to 10 6 which the City is a party to the extent such modifications may be technical in nature or may be necessary from time to time, provided that after such modifications, the Phase II Project Documents 108 shall remmn ~n substantial conformity with the Phase II Development Agreement and such 109 modifications are acceptable to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day 111 of ,2003 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 CA-8745 May 27, 2003 F ~Data~ATY~Ordm~ONCODE\CA8745 doc APPROVED AS TO CONTENT: Finance Department APP~~UFFICIENCY: C~ty Attorney CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM- Department Name Change: Virginia Beach Convention and Visitors Bureau MEETING DATE: June 3, 2003 Background: The Department of Convention and Visitor Development was established by City Council in 1988. At that bme the City Council established the position and duties of the Director of the department, as well as the general duties of the department, which included travel and tourism marketing, convention promobon, and operation and maintenance of event facilities. Considerations: For fifteen years the Department of Convention and V~sitor Development has performed all the duties set forth by City Council, has taken a strong leadership role in the tourism industry and has been an active participant in the International Association of Convention and Visitors Bureaus, and has formed alliances and partnerships w~th other Convention and Visitors Bureaus across the state and region. Travel and tounsm agencies around the world are recognized by the name = ... Convention and Visitors Bureau" The department has found its present name to be a source of confusion in its ~nteractlons with other public and private bureaus and its industry associations. Name recognition is important in any industry, and especially in travel and tounsm as the city strengthens its leadership role in national, state and regional affairs and its voice in the legislabve process Public Information: The department will notify appropriate agencies to ~mplement the name change and will update all promotional materials and industry listings Altematives: No other names are a standard in the travel and tounsm industry Recommendations: Change the name of the department from Convention and Visitor Development to Virginia Beach Convention and Visitors Bureau Attachments: Ordinance to amend City Code to reflect name change. Recommended Action: ADoroval Submitting DepartmentJ~gency: J~/e~~~s, D, rector, Convention and Visitor Development City Manager: ~..~~ ~ 10 11 12 13 14 AN ORDINANCE TO AMEND THE CITY CODE BY CHANGING THE NAME OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT TO THE VIRGINIA BEACH CONVENTION AND VISITORS BUREAU SECTIONS AMENDED' ~ 2-440, 2-441, 2-442, 2-443, and 24-3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-440, 2-441, 2-442, 2-443 and 24-3 of the City Code are hereby amended and re-ordained, to read as follows- Sec. 2-440. Creation. There is hereby created a department ~ that shall be known as the Virginia Beach convention and visitor~ development bureau. 15 16 17 18 19 20 Sec. 2-441. Office of director created; general duties of director. There shall be a director of the department of Virqinia Beach convention and visitor~ development bureau whose duties shall be as prescribed by the Charter or ordinance or by order of the city manager. 21 22 23 24 25 26 Sec. 2-442. General duties of the depaz~nt of Virginia Beach convention and visitor~ ~ .... ~ ...... bureau ~V~~AA~ . The department of Virqinia Beach convention and visitor~ development bureau shall be responsible for the following general duties, including any other duties which may be required, assigned or prescribed' 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (1) Travel and tourism, including, but not limited to, the solicitation of tourist attractions, the development of and coordination of advertising programs and solicitation of activities and events appropriate for departmental facilities. All monies received from departmental event facilities and related operations during each fiscal year shall be paid into the general fund or such other funds as determined by city council. (2) Convention promotion, including, but not limited to, the solicitation of conventions and the coordination of housing of convention delegates. (3) The operation, maintenance and management of departmental event facilities and public parking facilities including, but not ~ limited to, lots, on-street parking and garages, establishing and enforcing reasonable rules and regulations for the use of such facilities, as well as revenue and cost analysis, fee standards, and concession operations. 45 46 47 48 Sec. 2-443. Advertising program. The department of Virginia Beach convention and visitor~ development bureau shall develop an advertising program and shall have the authority to expend such funds as the city may appropriate 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 to promote the increase of travel, tourism and conventions within the city. Sec. 24-3. Fees, policies, procedures, rules and regulations pertaining to the use of city parks, recreational facilities, and parks and recreation equipment. · · (b) The director of the Virqina Beach convention and visitor~ development bureau is hereby authorized to (i) establish reasonable fees, and (ii) adopt and enforce reasonable policies, procedures, rules and regulations, pertaining to the use of city parks located in the resort area adjacent to the Atlantic Ocean, subject to the approval of the city manager. COMMENT The amendments reflect that the name of the Department of Convention and Visitor Development is being changed to the "Virginia Beach Convention and Visitors Bureau." Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2002. CA-8576 DATA/ODIN/PROPOSED/02-440etalord.wpd R2 May 22, 2003 APPROVED AS TO CONTENTS' ention and Visitor /~velopment APPROVED AS TO LEGAL SUFFICIENCY- Depart~e~tJ-Law CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Annual Permit Renewal for Area Pdvate, Municipal, and Non-Profit EMS Organizations MEETING DATE: June 3, 2003 Background: Section 10.5-2 of the City code requires renewal of all existing Emergency Medical Services agency permits which are issued throughout the year to the area pdvate, and non-profit orgamzat~ons operating emergency medical services agencies or vehicles within the city limits. Annual renewal begins July 1 of each year and expires June 30 of the following year. S~x emergency medical services agencies are requesbng renewal to continue their operations within the City of Virginia Beach providing those levels of care currently authorized. Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eastern Shore Ambulance; Lifeline Ambulance:, Children's Hospital of the Kings Daughters; Network Medical Systems, Inc.; Nightingale Regional Air Ambulance; and Medical Transport, Inc. Dudng the previous twelve months, the pdvate ambulance agencies performed non-emergency mterfacility transports which include both basic and advanced life support calls. Public Information: The public will be notified of the pending action via the Council Agenda as pdnted in the Beacon. Alternatives: This is an annual administrative action. Failure to renew permits would halt all non-emergency medical transport services in the City. Dozens of patients daily would be without transportation. This is not a function provided by the City's volunteer rescue squads Recommendations: The Department of EMS recommends approval of all permit applications. Attachments: Permit Applications. SubmittingDepartment/Agenc~ ~~'~ ~ ...,, ~ ~ Del~rtnlent of Emergency Medical services City Manager: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO DEFINITIONS AND PERMIT REQUIRED FOR EMERGENCY MEDICAL SERVICES SECTIONS AMENDED' ~ 10.5-1 and 10.5-2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 10.5-1 and 10.5-2 of the City Code are hereby amended and reordained to read as follows- Sec. 10.5-1. Definitions. Agency means any person engaged In the business, service or regular activity, whether or not for profit, of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless, or of rendering immediate medical care to such persons. Emergency medical service vehicle means any privately or ---L~-ly ..... ~ ---~-~ ....... ~ ' ' ly pu~ ~w~=~ v=~=, ~=oo=~ or a~rcraft that zs especial .... :---~ ..... ' ' and equzpped ..... z- intende-' to be used for and is maintained or operated to provzde z~,edzate m==~=~ ~=~= to or to transport pe=oons vehicle, vessel, alrcraf% or ambulance that holds a valid emerqency medical services vehicle permit issued by the Office of Emergency Medical Services that is equipped, maintained or operated to provide emergency medical care or transportation of patients who are sick, injured, wounded or otherwise incapacitated or helpless. COMMENT Amending §10.5-1 changes the current definition of "Emergency Medical Service Vehicle" so that it mirrors the definition ~und in the Code of Virginia. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 Sec. 10.5-2. Permit required. (a) In accordance with section 32.1-~-5~ 111.14 of the Code of Virginia, as amended, it shall be unlawful for any indlv!dual or organization to operate an emergency medical services agency, or any emergency medical services vehicle in the city for emergency transport purposes or nonemergency transport purposes, without first being granted a permit to do so by the city council. COMMENT Amending §10.5-2 (a) changes the reference from the old State Code section to the curren! State Code section that gives the City the authority to require permits, and clearly specifies these permits are required for emergency medical services vehicles. (b) The provisions of subsection (a) above shall not be applicable to the department of emergency medical services, any volunteer rescue squad formally recognized by such department as a provider of emergency medical services within the c~ty, aDy government operated emergency medical services aqency providing service under the authority of a mutual aid agreement or a memorandum of understandinq with the city, or any lifeguard service operating on the public beaches of the city pursuant to a contract with the city, or Virqinia Beach Emerqency Response Syste~ aQencies, includinq but not limited to, the Virgznla Beach Police Department, the Virqinia Beach Fire Department or the Vzrqznza Beach Parks and Recreation Department. COMMENT 54 55 56 57 Amending § 10.5-2 Co) exempts government operated emergency medical services vehicles from the permit requirement established in § 10.5-2 (a). This amendment also clearly exempts the Virginia Beach Fire Department from said permit requirements. 58 59 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8712 DATA/ORDIN/PROPOSED/10.5-1 and 10.5-2(a) May 15, 2003 ord2.pd APPROVED AS TO CONTENTS- ire Department E~rgency Medical Services APPROVED AS TO LEGAL SUFFICIENCY' ! Dep~t~ent of Law CITY OF VIRGINIA BEACH · .... AGENDA ITEM ,, ITEM: Annual Permit Renewal for Area Pdvate, Municipal, and Non-Profit EMS Organizations MEETING DATE: June 3, 2003 Background: SectJon 10.5-2 of the C~ty code requires renewal of all existing Emergency Medical Services agency permits which are issued throughout the year to the area pdvate, and non-profit organizations operating emergency medical services agencies or vehicles within the city limits. Annual renewal begins July I of each year and expires June 30 of the following year Six emergency medical services agencies are requesting renewal to continue their operations within the City of Virginia Beach providing those levels of care currently authorized Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Eastern Shore Ambulance, Lifeline Ambulance, Children's Hospital of the Kings Daughters; Network Medical Systems, Inc.; Nightingale Regional Air Ambulance; and Medical Transport, Inc. Dudng the previous twelve months, the pdvate ambulance agencies performed non-emergency interfacility transports which include both basic and advanced life support calls. Public Information: The public will be notified of the pending action via the Council Agenda as pdnted in the Beacon. Alternatives: This is an annual administrative action. Failure to renew permits would halt all non-emergency medical transport services in the City. Dozens of patients daily would be without transportation. This ~s not a function provided by the City's volunteer rescue squads. Recommendations: The Department of EMS fully supports th~s request Attachments: Permit Applications. Submitting Department/Agency: Ci~ Manager: PERMIT APPLICATION REVIEW SUMMARY Orgamzatlon Comments Children's Hospital of the King's Daughters (Roger Vaughan, Manager) 601 Children's Lane Norfolk, VA 23507 Recommend Approval Recommend Denial Organization Comments Eastern Shore Ambulance (Dennis Taylor, President) 8426 Sugarhill Lane Sanford, VA 23426 Recommend Approval Recommend Demal Organlzat~on: Comments Lifeline Ambulance Service, Inc. (James C. Jones, Jr., President) 310 Bell Road Chnstlansburg, VA 24073 Recommend Approval Recommend Demal Organlzat~on' Comments Medical Transport (Donald Jellig, President) 5792 Arrowhead Drive, State 200 V~rg~ma Beach, VA 23462 Recommend Approval Recommend Demal Organlzatlon Network Medical Systems, Inc. (Norman Pool, President) 1533 Technology Drive Chesapeake, VA 23320 Recommend Approval Recommend Demal Comments PERMIT APPLICATION REVIEW SUMMARY Orgamzanon Comments Nightingale Regional Air Ambulance (David Bernd, President) 600 Gresham Drive Norfolk, VA 23507 Recommend Approval Recommend Demal EMS Regulanon &~LLZnforcement D~v~sion Chief irector Comments Approval Denial FINAL DISPOSITION City Clerk. CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Chddren's Hospital of the K~ng's Daughters VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Inter-facility Emergency and Non-emergency) ADDRESS: 601 Chddren's Lane Norfolk, VA 23507 PHONE: 668-7453 MANAGER: Roger Vaughan NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? ~ES [] NO Nam~itle ~ Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Eastern Shore Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: P.O Box 6 8426 Sugarhlll Lane Sanford, VA 23426 PHONE: 787-824-5858 PRESIDENT: Dennis Taylor VICE PRESIDENT: Margaret A. Taylor ALS Ground Transport (Non-Emergency-Unrestricted and Emergency-Restricted) NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emerge, ncy Medical Services 1990 as amended? ~ES D NO Name/Title//,' Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Lifehne Ambulance Service, Inc. VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACIt AGENCY ,....ASS.. ,CA.ION. ALS Ground Transport (Non-Emergency-Unrestricted and Emergency-Restricted) ADDRESS: 310 Bell Road Christiansburg, VA 24073 PHONE: 540-382-1044 PRESIDENT: James C. Jones, Jr. VICE PRESIDENT: F__~ ~¢~_C ~' NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? g~ES [] NO Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ADDRESS: 5792 Arrowhead Drive, Suite 200 V~rg~ma Beach, VA 23462 PHONE: 671-9302 ALS Ground Transport (Non-emergency-Unrestricted) and Emergency-Restricted) / PRESIDENT: MANAGER: Donald Jelhg Russell Blow NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Govern.,ing Emergency Medical Services 1990 as amended? YES rn NO Name/Title Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES PRIVATE AMBULANCE AGENCY PERMIT APPLICATION In accordance with he provision of the Code of the City of Virginia Beach Chapter 10, Section 10 5-2, application is hereby made to operate an emergency medical agency or vehicle in the City of Virginia Beach REQUEST: New Application Renewal Other (Revision of agency, location, change of officer, etc ) Address City C~/~c,9 TYPE OF AGENCY: Sole Proprietor ~['~ Co~oration Partnership Other- Specify [~ Municipal MINIMUM REQUIREMENTS: Does your agency comply with minimum requirements as set forth ~n the Rules and Regulations of the Board of Health Commonwealth of Virg~ma Govermng Emergency Medical Services 1990 amended? [~[No OFFICERS OF ORGANIZATION: (List all owners Use back if necessary) Owner(s) Address//0:2 0 Oc~rvlDt, c)t r~ ~ ~~ City ~~~, ~ State d ~ Zip Z ~;VPhone President Address City State'__ Zip SSN DOB ~, l / 3 [ )- '} Phone Vice-President Address /i9A-.3 City ~.~ c~4t, SSN' State ~'j/~ Zip DOB ~ &~&)Phone 7_~ 7 5 q ?o$'0 ~ Secretary Address City State Zip Phone SSN DOB Treasurer~ 2~;"e Address City tx~ ~,/~ J~-cA State Zip Phone SSN DOB CLASSIFICATION OF SERVICES CURRENTLY AUTHORIZED BY CITY COUNCIL; Emergency First Responder (Class A) Basic Life Support (Class B) Advanced Life Support (Class C) Neonatal Transport (Class D) Medical Wheelchair Transport (Class E) Rotary Wing (Class E) Other (New Application) (Class F) CLASSIFICATION OF SERVICES PROVIDED: Emergency First Responder Basic Life Support IZl Neonatal Transport (ALS) 121 Medical Wheelchair Transport Advanced L~fe Support Other- Specify 121 Rotary Wtng (ALS) CLASSIFICATION OF PERSONNEL: Number of currently certified personnel employed [~[ F~rst Responder Emergency Medical Technician - Ambulance 121 Emergency Medical Techmcian - Shock Trauma [21 Emergency Medical Techmcian - Cardiac I~ Emergency Medical Technician - Paramedic 121 Other- Specify ~-J~ ~' AGENCY'S STATISTIC SHEET: Number of calls previous 12 months Date ~" 19 TIDEWATER REGION (TEMS & PEMS) ~ to VIRGINIA BEACIt Basic Life Support Basic Life Support Advanced Life Support Advanced Life Support Total Number of Calls INTERFACILITY TRANSPORTS: C ~' ]_~]')ft~r' Originating fi.om Sentara Bayside Hospital Total Number of Calls Originating from Virginia Beach General Hospital Originaung fi.om outside the City of %rginia Beach Total Number of Calls I hereby swear or affirm under penalty of permit revocation, that all of the above statements are true to the best of my knowledge, ~nformation and beliefs It is understood that my agency, upon approval of this permit, shall upon request, present and/or relinquish records, files, calls sheet(s) and/or d~spatching data Furthermore, I agree to adhere to all policies promulgated by the c~ty of Virginia Beach Department of Emergency Medical Services S~gned by - Subscribed and sworn to before me th~s My Co:ltmlSslon Exp,res f)~:<~ ~//ZOV~// Title CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: N~ghtingale Regional Asr Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: Air Ambulance (Emergency-Restricted) ADDRESS: 600 Gresham Drive Norfolk, VA 23507 PHONE: 668-2500 PRESIDENT: David Bemd MANAGER: Kathy Colantuono NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Rules and Regulations of the Board of Health Commonwealth of Virginia Governing Emergency Medical Services 1990 as amended? YES [] NO / Name/Title / O~t-~-~t~ ~..~ Date I I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Amendments to the Local Vehicle Registration Ordinance June 3, 2003 Background: On June 11, 2002, C~ty Council approved an ordinance to ~mprove the Local Vehicle Reg~strabon (LVR) process by combining the local vehicle reg~strabon fee w~th the state vehicle registrabon process The plan developed with the Department of Motor Vehicles (DMV) to implement this new program, as well as issues that have arisen, requires that certain minor changes be made to the earlier ordinance. Considerations: Dunng the course of plan development and implementation, DMV and City staff recognized that the following changes should be made: An additional vehicle type category, specialized motor vehicles, is addressed in the proposed ordinance to be consistent with the state registration process. Also, the amount of the fee for light pickup trucks is clarified. · Since the local registration fee now must to be paid at the same time the state registration fee ~s paid, the provision for a separate local grace penod is ehminated. · Since the decal has been eliminated, the registration issued by the DMV will serve as the local license, to the extent one is needed. · Specific language is added to address situations in which a vehicle owner moves to Virginia Beach after purchasing a local vehicle license in another locality. · Public Information: Informabon notices on the LVR program were mailed w~th the personal property tax bills to all V~rginia Beach vehicle owners on May 2. City Page article on the LVR program appeared on April 24 and on May 8. An article on the LVR program will appear in the May Member Update. · Recommendation: Adopt ordinance. · Attachment: Ordinance Recommended Action: AT~p~roval ~, ,~_ Submitting Depa~t/,Age~cy: Fij~ance City Manager: F.\Data~'l'Y~Ord~O~CODE\Local vehicle reg~strat~on.arf.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO LOCAL VEHICLE LICENCES BY CLARIFYING ADMINISTRATIVE PROVISIONS SECTIONS AMENDED' ~ 21-72, 21-75· AND 21-86 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH· VIRGINIA: That Sections 21-72, 21-75, and 21-86 of the City Code are hereby amended and reordained, to read as follows: Sec. 21-72. General procedure. (a) Pursuant to a contractual arrangement with the city· the state department of motor vehicles shall collect the local vehicle license fees required by this article, or portions thereof, for the city· as authorized by Code of Virginia, ~ 46.2-756. Local vehicle license fees shall be collected at the same time state vehicle registration fees are remitted. Coincident with the state's grace period purchaser .......................... ~-~ during which to pay the local vehicle license fee to ~-~= department of motor vehicles. COMMENT The language establishing a separate grace period for paying the local vehicle license fee is eliminated, since the local vehicle license fee must be paid at the same time state registration fees are paid. The state law requirement that vehicles be registered within thirty (30) days of purchase still ensures a grace period for new or used car purchasers. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 (c) ~n any ~o= zn which ~ vehzcle acquzres sztuo zn ~.~e city ~=~ ~ Iv~l vehzcle I~:~.~ has b~.. zssued ~-- .~ doe° not paztzcipate zn the depaz~,,:~ of .~oz vehmcle~' -- ' gi ' - ........ ~-~---~:-- =--- Io~=I vehzcle ze stzatzon pzogzam and the ~,~o ~=hz~l= ex zeo b=fo~= the tzng I e, ~=,~ then = pzozated - I~=,~o= fee, ~oztzon of the local ~ ..... ~i~,~ ~=~ , -- , · , 2 ' · zn the othez non-pa~tmczpatzng juz~sdzct~on, o~ b= due when the state zeglstzation is zenewed. The following shall govern situations in which a vehicle acquires situs in the city after a local vehicle license has been issued by a jurisdiction that does not participate in the department of motor vehicles' local vehicle registration program: (i) if the state registration expires before the local vehicle license, then a prorated portion of the local license fee, giving credit for the months paid in the other non-participating jurisdiction, shall be due when the state registration is renewed; and (ii) if the state registration expires after the local vehicle license, no local vehicle license fee shall be charged for the time period between the expiration of the local vehicle license issued by the non-participating locality and the expiration of the state registration. 52 COMMENT 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 The amendment makes clear that retroactive license fees will not be imposed on persons moving from jurisdictions that do not participate in the Local Vehicle Registration Program. Sec. 21-75. License requirement; imposition of fee. (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this article, on motor vehicles, trailers and semitrailers, regularly kept in the city and used upon public roadways of the city. The amount of the fee for this license shall be as set forth in the following subsections of this section, and shall be due annually at the same time the state registration is obtained, unless specifically provided for otherwise. A valid vehicle reqistration, issued by the state Department of Motor Vehicles after April 21, 2003, shall, as necessary, document compliance with the local vehicle license requirements imposed by this ordinance and serve as a license. (b) The license fee on a motor vehicle, designed and used for the transportation of passengers, which is self-propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this section, imposed in accordance with the following schedule: (1) Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a qross weiqht of four thousand (4,000) pounds or less . . . $25.00 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 (2) (3) (4) (5) Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a qross weiqht from four thousand and one (4,001) pounds to seven thousand five hundred (7,500) Motorcycle . . pounds . · _$.23. O0 · . _$_30.00 Antique motor vehicles licensed permanently pursuant to Code of Virginia, ~ 46.2-730 (motorcycles or cars) . . . ~i3.50 Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of Virqinia, ~ 46.2-700 . . . ~15.00 COMMENT At (a), the proposed amendment makes clear that a valid registration issued by the DMV shall serve as the local license. At (b)(1) and (2), the change clarifies how the fees will be applied to pickup trucks. Pickups with a gross weight of 4,000 pounds or less pay a $25 fee, and pickups with a gross weight between 4,001 and 7,500 pay a fee of $30. Under state law, pickup trucks are classified by gross weight. At (b)(5), the proposed amendment creates a separate category for "specialized mobile equipment," defined in Virginia Code § 46.2-700 as "any self-propelled motor vehicle manufactured for a specific purpose.., used on job sites and whose use on a highway is incidental to the purpose for which it was designed." 99 100 101 Sec. 21-86. Refund for unused portion of license fee. Any person who has paid a current license fee, and who moved out of state, or who disposes of the vehicle for which it was paid 102 103 104 105 106 107 108 109 110 111 112 =~ ~u=o ~u= purchase another vehzcle or otherwise surrenders its registration, may inform the state department of motor vehicles, and request a refund for the unused portion of the license fee paid under this article. The state department of motor vehicles shall refund to the applicant a prorated portion, in six-month increments, of the local vehicle license fee, if application for the refund is made when six (6) or more months are remaining in the license period, in the same manner as provided by Code of Virginia, 46.2-688. COMMENT The proposed amendment clarifies the circumstances under which a refund may be obtained. 113 114 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2003. CA-8828 DATA/ODIN/PROPOSED/21-072etalord.wpd R6 May 22, 2003 APPROVED AS TO CONTENTS' Finance ! APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM Item: MEETING DATE: Ordinance to Amend Section 36-57 of the City Code, Pertaining to Parking or Stopping of Charter Buses June 3, 2003 Background: Currently, City Code Section 36-57 prohibits the parking or stopping of charter buses for the purpose of picking up or discharging passengers in municipal parking lots and on named public streets in the Resort Area, except in certain designated areas, between the Friday of Memorial Day weekend and the day after Labor Day. Considerations: The amendments extend the time during which the restrictions apply to the period between April 1 and September 30 so as to correlate more closely with the tourist season in the Resort Area. Public Information: The amendments will be advertised as a normal agenda item. Alternatives: By not adopting the ordinance, the status quo will be maintained. Recommendations' Adoption of ordinance. · Attachments: Recommended Action: Adoption of ordinance Submitting Department/Agency: Department of Convention and Visitor Development City Manager: ~__~___~Q~~~-'~ AN ORDINANCE TO AMEND SECTION 36-57 OF THE CITY CODE, PERTAINING TO PARKING OR STOPPING OF CHARTER BUSES SECTION AMENDED: Section 36-57 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 36-57 of the City Code is hereby amended and reordained to read as follows: Sec. 36-57. Parking or stopping of charter buses. (a) Except as otherwise provided herein, the parking of any charter bus or stopping of any charter bus for the purpose of picking up or discharging passengers shall be prohibited ~-~m--a~} ~===~ the Friday preceding Memor==l ~=y =~rough and incl ....... the Tuesday following Labor Day between April 1 and September 30, inclusive, of every calendar year on all municipal parking lots and all public streets in the following areas: (1) An area bounded on the west by Birdneck Road, on the south by Rudee Inlet and Lake Rudee, and on the east and north by the boundaries of the Beach District, except that charter buses may stop for no more than fifteen (15) minutes to pick up or discharge passengers on 19th Street at Arctic Avenue in a zone designated "15 Minute Charter Bus Loading and Unloading." Furthermore, the 4th Street Public Parking Lot located by Rudee Inlet Loop has been 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 designated as a pickup and discharge zone with fee parking for charter buses on a first-come, first-served basis. (2) An area bounded on the south by Bay Colony Drive, on the west by the Linkhorn Bay and Seashore State Park, on the north by 89th Street, and on the east by the Atlantic Ocean; including but not limited to those communities denoted as North Virginia Beach, Princess Anne Hills, Bay Colony and Cavalier Park. (3) An area bounded on the south by Camp Pendleton, on the west by Lake Rudee, on the north by Rudee Inlet, and on the east by the Atlantic Ocean; including but not limited to those communities denoted as Southside, Harbor Point and Croatan Beach. (b) The city manager or his duly authorized a~ent designee may authorize the parking or stopping of charter buses in locations and/or at times otherwise prohibited by subsection (a) e~m~e. Such authorization, if granted, shall be in writing, a copy of which shall be in the possession of the charter bus driver. COMMENT The amendments to subsection (~ extend the stated prohibitions on cha~er bus paring to the period between April 1 and September 30, inclusive, so as to correlate more closely with the tourist season. The amendments to subsection ~) are not substantive in nature. 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the day of CA-8871 wmm\ordres \ 36-057ord. wpd May 5, 2003 R-1 APPROVED AS TO CONTENT- , 2003. APPROVED AS TO LEGAL SUFFICIENCY- City~.~t~c&rney' s Of£ice II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Anti Terrorist Assistance Fund Grant MEETING DATE: June 3, 2003 · Background: The Virginia Beach Police Department was awarded a $9,765 grant from the U.S. Department of Jusbce, to purchase equipment to provide the department's Bomb Squad w~th the capability to safely handle both conventional and improvised explosIve devices that pose a potenbal threat of chemical, biological and radiological hazards to officers and the c~t~zens of Virginia Beach. The funding will specifically be used to purchase bomb tool k~ts and protective apparel to approach these hazardous dewces. · Considerations: This funding will enhance officer safety by providing personal protective equipment rated with maximum effectiveness ~n responding to and mitigating these types of hazards. There is no local cash or ~n-kmd match. · Public Information: Public ~nformation w~ll be handled through the normal Council agenda process. · Alternatives: Th~s funding provides the Police Department the capacity to enhance officer safety in a Weapons of Mass Destruction event. These purchases would otherwise require sh~fbng funds from everyday police needs. · Recommendations: It is recommended that the Council accept and appropnate $9,765 to help accommodate this need. · Attachments: Award Letter Recommended Action: Approval Submitting Department/Agency: Pohce Department City Manager: ~:~,. ~,,..~ ~ AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,765 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2002-03 OPERATING BUDGET TO SUPPORT EQUIPMENT PURCHASES FOR THE BOMB SQUAD 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 Virginia: 8 That $9,765 in grant funds from the U.S. Department of Justice 9 is hereby accepted and appropriated to the Police Department's FY 10 2002-03 Operating Budget, to support equipment purchases for the 11 bomb squad, with federal revenue increased accordingly. 12 Adopted by the Council of the City of Virginia Beach, Virginia 13 on the day of , 2003. CA-8884 Ordin/Noncode/antiterrorord. wpd R-1 May 21, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: U.S. Department of Justice United States Attorney F. astern District of Virginia Paul J. McNulty United States Attorney 22 oo J~rm~saon A~rrue (703) 299-$ 700 Ale. r, andna, Flrglnta 22314 Fax: 705.549-$202 April 21, 2003 Mr. Alfred M_ Jacocks, Ir Chief of Police Virginia Beach Police Departmem 2509 Princess Anne Road Virginia Beach, Virginia 23456 Dear Chief Jacoeks: I am pleased to advise you that your application to the U.S. Attorney's Anti-Terrorism Assistance Fund (ATAF) has been approved in the amount of $9,765.00. You will receive a check from the Prince Willia_ m County Police Department, our fisc~ agent for this program, in the near future. Response to this anti-terrorism initiative was very enthusia~c. Because we received more applications than we were able to fund, we reduced the award for each of the eleven success~l applicants by 2.25% from the amount requested ] hope you agree this was the best way to use these limited resources. I want to thank the Prince William County Police Department for its help in administering this program~ as well as the members of the Selection Committee who reviewed the applications: Chief Charlie Dearie, Prince W'flliam Police Department, Chief John T. White, Poquoson Police Department; Richard E. Trodden, Commonwealth's Attorney for Arlington County, Paul Lanteigne, Sheriff of Virg/~'nia Beach; and W. Gerald Massen~ll, Superintendent of Vlrg/nia State Police. Thank you for your interest in this program. I look forward to working closely with you to make Eastern Vir~nia a safer place for its citizens. Sincerely, U~fited States Attorney CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Purchase of 36.821 Acres of Property Located Southwest of the Intersection of Pnncess Anne Road and Sandbridge Road from David B. Hill, Jr. and Luke H. H~II, II for $1, 260, 000. MEETING DATE: June 3, 2003 Background: In December 2001, Dawd B. Hill, Jr. sent a letter to the City, offering to sell the City of Virginia Beach approximately 36.821 acres of real property located southwest of the intersecbon of Princess Anne Road and Sandbridge Road. The City's Open Space Subcommittee, which is tasked with the responsibility of screening, evaluating and recommending parcels of property to be acquired ~n furtherance of the open space initiative, recommended acqu~sibon of the property. After ten months of staff evaluation and initial due dihgence, the C~ty Council directed staff to proceed w~th the next steps in negotiating w~th the property owner to acquire the site. To date, all necessary due diligence has been complete in order to proceed with closing on th~s real estate transaction. Considerations: The City's Outdoors Plan, a document accepted by City Council in February 2001 as a guidance document for open space and recreational planning, identifies a City-wide need for 68 ball fields and soccer/mulb-purpose fields. Acquinng th~s property will begin to address this idenbfied need by providing the City with an area for future athletic facilities. The property is adjacent to a future elementary school site and can be coordinated with the development of the school; encouraging shared resources (parking, playground and athletic field development) and ~ncreasing the efficiency of future community facihties. Public Information: Nobce of this ordinance will be handled through the normal agenda process. Alternatives: Purchase the property or reject Messrs. Hill offer to sell the property to the City. Recommendations: Staff recommends that Council adopt the ordinance and authorize the City Manager to purchase the property from David B. H~II, Jr. and Luke H. Hill, II for $1,260,000 in accordance with the terms contained in the Purchase Agreement. Attachments: Ordinance, Plat. Recommended Action: Approval Submitting Departmen~gency: Public Works~)~ City Manager: .,/~/,~ (- . ~ j /, 1 ORDINANCE NO. AN ORDINANCE TO AUTHORIZE ACQUISITION OF APPROXIMATELY 36.821 ACRES OF PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF PRINCESS ANNE ROAD AND SANDBRIDGE ROAD FOR $1,260,000 FROM DAVID B. HILL, JR. AND LUKE H. HILL, I1. WHEREAS, David B. Hill, Jr. and Luke H. Hill, II (collectively, the 'Hills") own 36.821 acres of real estate located southwest of the intemection of Princess Anne Road 11 and Sandbridge Road (the "Property"), and the Hills desire to sell the Property to the City 3. 2 of Virginia Beach (the "City"); 13 WHEREAS, the City's Open Space Subcommittee has identified the Property as a parcel to be considered for acquisition as part of the City's open space initiative, and has recommended that the Property be acquired for such purposes; WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City Council") is of the opinion that the acquisition of the Property would further the City's open 18 space initiative; and 19 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 20 21 CIP account (CIP 4-004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 1. That the City Council authorizes the acquisition of the Property by 24 purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is shown on Exhibit A attached hereto. 2. That the City Manager or his designee is authorized to execute on 28 behalf of the City of Virginia Beach, a Purchase Agreement for the Property, for the sum of $1,260,000 and in accordance with the terms contained in the Purchase Agreement. 3. That the City Manager or his designee is further authorized to execute 3 0 all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are acceptable to the City Manager and the City 32 Attorney. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of 2003. CA-8840 F:\Users\Walldej~W F~ZA~-hll.ord.wpd date:May 28, 2003 R-1 APPROVED AS TO CONTENT: Public Works/Real Estate APPROVED AS TO LEGAL Ci jAttorn-' y d '- S~' E~ress May 13, 2003 M~YOR OBERNDORF ' Thank you, Mrs. Smith. Mr. Wood. COUNCI~WOOD- I would just move that we defer this Item until June 3rd. COUNCILMAN SC~IDT · Second. COUNCILMAN REEVE- Second. MAYOR OBERNDORF- Motion by Mr. Wood and seconded by Mr. Schmzdt and Mr. Reeve at the same time that we defer this until June 3rd. Are we ready for the questzon? CITY CLERK- Hearing. By a vote of 11 to 0 you have deferred untzl June the 3rd the Resolution and a Public May 13, 2003 FORMAL SESSION CITY CLERK: The next Item is the Resolution to adopt procedures for considering unsolmcited requests from private entities. I do have a speaker, Your Honor. Robert O'Connor. MAYOR OBERNDORF: Mr. O'Connor, we welcome your remarks. I understand that during the Informal Session the Council has decided not to vote on this tonight. It will be deferred until a later time for a more in-depth discussmon by the Council. ROBERT O'CONNOR: Well, fine. That was the basic premise that I would ask you folks to defer that. As you recall you did make a promzse years ago, maybe two years ago, for a three-step process. Pardon my voice this evening. As long as you are going to defer it. And you will have a Public Hearing next week? VICE MAYOR JONES: On the 3rd. ROBERT O'CONNOR: MAYOR OBERNDOP. F: On the 3rd. Okay. June the 3rd. ROBERT O'CONNOR: June the 3rd. Ail right. Thank you very much. MAYOR OBERNDORF: Thank you. CITY CLERK: Those are all the speakers registered. COUNCILMAN MADDOX · May 13, 2003 When are we going to have an opportunity to talk about it? COUNCIL LADY EURE- Yeah. COUNCILMAN MADDOX ' VICE MAYOR JONES' COUNCILMAN MADDOX · Can we set a little tzme asmde, you know, back here next week to kick it around agazn? I thznk that's a good zdea, yeah. Okay. COUNCIL LADY McCLANAN- I thznk we ought to hear anyone who zs here today and set a Public Hearing next week as well as -- we need to hear zf there is public input and so forth, but we do need to discuss it before it's on here to vote. COUNCIL LADY EURE- COUNCIL LADY McCLANAN- Wzth the theater comzng up -- Yeah. COUNCIL LADY EURE- mndustry. And that proposal zs not -- I think we're gozng to hear some loud cr~es from the VICE MAYOR JONES: It's on the Agenda. There may be somebody here today to speak on the Item. In any event, somebody will make a motion to have Public Hearing next week and put zt back on the Agenda next week. Okay. week you know but -- COUNCIL LADY EURE- May 13, 2003 How about notifymng the public of the Hearing? CITY CLERK' VICE MAYOR JONES' Hearing, Mrs. Smith? CITY CLERK' VICE MAYOR JONES' It wzll only be on the Agenda. How long do you have to have to set up a Publmc Hearzng, notzflcatmon for a Public You're talking about advertmsing? Yeah. CITY CLERK' Three weeks. COUNCIL LADY EURE: Three weeks? CITY ATTORNEY: You can have a Public Hearing and place zt on your Agenda, but what Mrs. Smzth is tellzng you is if you want to advertise specifically zn a speczfzc newspaper advertisement, she needs that kind of lead time to get mt in the paper. VICE MAYOR JONES: We can have a Public Hearing in the Agenda, rzght? CITY ATTORNEY' Yes, sir. VICE MAYOR JONES- Okay. Let's 3ust do that. May 13, 2003 VICE MAYOR JONES: front. Ail right. We won't put that on Consent then. We wmll wait and talk about it out COUNCIL LADY EURE: I would like to almost see it pulled and set up a Publzc Hearzng. VICE MAYOR JONES: Well, we can defer it out front. COUNCIL LADY EURE: Because this sort of eliminates bmd processing -- COUNCIL LADY McCLANAN: It does. COUNCIL LADY EURE: I have a problem with that. That's an American Right almost and I would like to have a Public Hearing before we put it -- defer it off of this Agenda. VICE MAYOR JO1FES: Okay. We can defer it if everybody wants to defer it until another week if you would like to do that and then we can set a Public Hearing on the Item. COUNCILMAN SCHMIDT: I would like to see us not defer it too terribly long. VICE MAYOR JO1FES: We have some other things and this needs to be decided on. COUNCILMAN SCHMIDT: Yes, sir. VICE MAYOR JONES: I don't have a problem deferring it for a May 13, 2003 Agenda Review VICE MAYOR JONES: Item 4, Resolution to adopt procedures for considering unsolicited requests from private entities. Mr. Schmidt. COUNCII/~AN SCHMIDT: I'm really in favor of this, but I'm still having a struggle over the fee issue. CO UNCII/qAN~DOX: I agree. COUNCILMAN SCHMIDT: I mean, I don't know if we've ever gotten -- I've submitted these, you know, over my career to municipalities. I don't know how many of these we've gotten. Maybe some maybe none, but it seems to me that mf someone is coming to the City to try to save them money and we're going to charge them a fee for the right to then compete with someone, if we decide that we would like their proposal, I just have a real problem with that. COUNCIL LADY McCLANAN: Well, this has not been discussed by the public and I really don't think we ought to even consider putting it on the Consent Agenda. It was discussed in here last -- MAYOR JONES: Yeah, we discussed it last week, but we haven't had any public comment -- COUNCIL L~DY McCLANAN: Public comment or publzc discussion, you know, among ourselves and my thought would be that we probably ought to see what kind of discusszon among us and from the public. Virginia Beach City Council May 27, 2003 4:00 p.m. CITY COUNCIL: Meyera E. 0berndorf, Mayor Vice Mayor Louis R. Jones Harry E. Diezel Margaret L. Eure Reba McClanan Richard A. Maddox Jim Reeve Peter Schmidt Ron A. Villanueva Rosemary Wilson James L. Wood At -Large Bayside - District 4 Kempsville- District 6 Centerville - District 1 Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At -Large Lynnhaven - District 5 CITY M~%NAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lzlley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Resolution to adopt procedures for considering unsolicited requests from private entities under the Public-Private Education Facilities and Infrastructure Act of 2002 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Adopt Procedures regarding requests made pursuant to be The Public-Private Education and Facilities Infrastructure Act of 2002 MEETING DATE: June 3, 2003 · Background: The Public-Private Education and Facilities Infrastructure Act of 2002 (PPEA) became effective July 1, 2002. The Act provides that a public entity may consider proposals by private entities for qualifying projects pursuant to the PPEA. The public entity must adopt procedures that enable the public entity to comply with the PPEA. · Considerations: The proposed procedures are required for the City to be able to consider "Unsolicited Proposals" for qualifying projects submitted under the PPEA. The Act provides that the City may still consider "Solicited Proposals" for qualifying projects without adoption of these procedures. · Public Information: Public Hearing to be conducted at June 3rd meeting. In addition, adopted procedures must be made publicly available. · Alternatives: Do not adopt the proposed procedures, which will prohibit the submission of "Unsolicited Proposals" for qualifying projects. · Recommendations: Adopt procedures. · Attachments: Resolution and letter of May 15 to Council Recommended Action: Approval Submitting DepartmentJ,~y: City Manager: ~~.._~~ . 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION ADOPTING PROCEDURES FOR CONSIDERING UNSOLICITED REQUESTS FROM PRIVATE ENTITIES FOR APPROVAL OF QUALIFYING PROJECTS UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 ("Act") has the potential, in certain cases, to provide for the construction of public facilities more quickly and at a lower cost; and WHEREAS, for the City Council to be able to consider unsolicited proposals from private entities for approval of qualifying projects under the Act, procedures must be established that permit the City to comply with the provisions of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, as required by Virginia Code ~ 56-575.16, the City Council hereby adopts the "City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002," attached as Exhibit A, as the procedures that will be followed in considering all unsolicited requests from private entities for approval of qualifying projects under the Act. 27 28 29 30 2. That the City's Purchasing Agent is hereby directed to make these procedures publicly available, which shall include posting them in Purchasing Division offices and on the City's website. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 27~h day of May, 2003. CA-8885 ORDIN\NONCODE \PPEARes. wpd May 22, 2003 R2 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: / City Attorn~§ Of fide EXHIBIT A City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 Adopted by the Council of the City of Virginia Beach, Virginia on May 27, 2003 Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures Io III. IV. V° VI. Table of Contents Introduction .................................................................................................... p. 3 General Provisions ........................................................................................ p. 3 A. Proposals .................................................................................................. p. 3 B. Affected Local Jurisdictions .................................................................... p. 4 C. Virginia Freedom of Information Act ...................................................... p. 4 D. Use of Public Funds ................................................................................. p. 5 E. Applicability of Other Laws .................................................................... p. 5 Solicited Bid/Proposals .................................................................................. p. $ Unsolicited Proposals ..................................................................................... p. 5 A. Decision to Accept and Consider Unsolicited Proposal; Notice ............. p. 6 B. Contents of Initial Submission ................................................................ p. 6 C. Review Fees ............................................................................................. p. 7 D. Initial Review at the Conceptual Stage ................................................... p. 7 E. Format for Submissions at the Conceptual Stage ................................... p. 8 F. Format for Submissions at the Detailed Stage ........................................ p. 10 Proposal Evaluation and Selection Criteria .................................................. p. 12 A. Qualifications and Experience ................................................................ p. 12 B. Project Characteristics ............................................................................. p. 12 C. Project Financing ..................................................................................... p. 13 D. Project Benefit and Compatibility ........................................................... p. 13 Comprehensive Agreement ............................................................................ p. 14 -2- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures I. INTRODUCTION The Public-Pnvate Education Facilities and Infrastructure Act of 2002, Va. Code Ann. §§ 56-575.1 to -575.16 (LNMB Supp. 2002) (the "PPEA"), grants a public entity the authority to create public-private partnerships for the development of a wide range of projects for public use ("qualifying projects") if the public entity determines that there ~s a need for a project and that private ~nvolvement may provide the project to the public ~n a timely or cost-effective fashion. The definition of"public entity" in § 56-575.1 of the PPEA includes, inter alia, any politmal subdivision of the Commonwealth. Section 56-575.16 of the PPEA provides that a public entity having the power to acqmre, design, construct, improve, renovate, expand, equip, maintain, or operate a qualifying project (a "responsible public entity") may not consider any unsolicited proposal by a private entity for approval of the qualifying project pursuant to the PPEA until the responsible public entity has adopted and made publicly available procedures that are sufficient to enable the responsible public entity to comply with the PPEA. Accordingly, these procedures (the "Procedures") have been adopted by the City Council (the "Council") as the goveming body of the City of V~rginia Beach (the "City "). II. GENERAL PROVISIONS A. Proposals 1. Pursuant to Section 56-575.4 of the PPEA, a proposal to provide a qualifying project to a responsible public entity may be either solicited from private entities by the public entity (a "Solicited Bid/Proposal") or delivered to the public entity by a pnvate entity on an unsolicited basis (an "Unsolicited Proposal"). In either case, any such proposal shall be clearly identified as a "PPEA Proposal." 2. The requirements for any particular Solicited Bid/Proposal shall be as specified in the solicitation by the City for that particular proposal and shall be consistent with all apphcable provisions of the PPEA 3. Any Unsolicited Proposal shall be submitted to the City by delivering six complete copies, together with the reqmred initial review fee as provided below in {} IV(C), to the Purchasing Agent, Department of Finance, Purchasing Division, 2388 Court Plaza Drive, Virginia Beach, VA 23456. Other requirements for an Unsolicited Proposal are as set forth below in § IV. A working group may be designated by the City Manager to review and evaluate all unsolicited proposals. 4. The City may require that any proposal be clarified. Such clarification may include but is not limited to submission of additional documentation, responses to specific questions, and interviews w~th potential project participants. -3- Pubh'c-Private Educational Facilities and Infrastructures Act of 2002 Procedures B. Affected Local Jurisdictions 1. The term "affected local jurisdiction" includes any county, city or town in which all or a portion of a qualifying project is located. 2. Any private entity submitting a Solicited Bid/Proposal or an Unsolicited Proposal to the City as the responsible pubhc entity for a qualifying project must provide any other affected local jurisdiction with a copy of the proposal by certified mail, express delivery, or hand delivery within five (5) business days of submission of the proposal to the City. Any such other affected local jurisdiction shall have 60 days from the date it receives its copy of the proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with the affected local jurisdiction's local comprehensive plan, local infrastructure development plans, capital improvements budget, or other government spending plan. The City will consider comments received within the 60-day period prior to entering into a comprehensive agreement pursuant to the PPEA regarding the proposal. However, the C~ty may begin or continue its evaluation of any such proposal during the 60-day period for the receipt of comments from affected local jurisdictions. C. Virginia Freedom of Information Act 1. Any confidential and proprietary information provided to a responsible public entity by a private entity pursuant to the PPEA shall be subject to disclosure under the Virginia Freedom of Information Act ("FOIA") except as provided by § 56-575.4(G) of the PPEA. 2. To prevent the release of any confidential and proprietary information that otherwise could be held in confidence pursuant to § 56-575.4(G) of the PPEA, the private entity submitting the information must (i) invoke the exclusion from FOIA when the data or materials are submitted to the City or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the City as to the anticipated scope of protection prior to submitting the proposal. The City is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from d~sclosure if the entire proposal has been designated confidential by the private entity without reasonably differentiating between the proprietary and non-proprietary information contained therein. 3. Upon receipt of a request from a private entity that designated portions of a proposal be protected from d~sclosure as confidential and proprietary, the City will determine whether such protection ~s appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the private entity. If the determination regarding protection or the scope thereof differs from the private entity's request, then the City will accord the private Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures entity a reasonably oppommity to clarify and justify its request. Upon a final determination by the City to accord less protection than requested by the private entity, the private entity will be given an opporttm~ty to withdraw its proposal. A proposal so withdrawn will be treated in the same manner as a proposal not accepted for publication and conceptual-phase consideration as provided below ~n § IV(A)(1). D. Use of Public Funds Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural reqmrements associated with the expenditure or obligation of public funds shall be incorporated into planning for any PPEA project or projects. E. Aoolicabilitv of Other Laws Nothing in the PPEA shall affect the duty of the City to comply with all other applicable law not in conflict with the PPEA. The applicability of the Virginia Public Procurement Act (the "VPPA") is as set forth ~n the PPEA. III. SOLICITED BID/PROPOSALS The procedures applicable to any particular Sohcited Bid/Proposal shall be specified ~n the solicitation for that proposal and shall be consistent with the requirements of the PPEA and any other applicable law. All such solicitations shall be by issuance of a written Invitation to Bid ("IFB") or Request for Proposal ("RFP") within the meaning of those terms as used in the City of Virginia Beach Procurement ordinance. Any proposal submitted pursuant to the PPEA that is not received in response to an IFB or RFP shall be an Unsolicited Proposal under these procedures. Such Unsolicited Proposals include but are not limited to (a) proposals received in response to a notice of the prior receipt of another Unsolicited Proposal as reqmred by the PPEA and provided for below in § IV(A)(2) and Co) proposals received in response to publicity by the City concerning particular needs when the City has not issued a corresponding IFB or RFP, even if the City otherwise has encouraged the submission of proposals pursuant to the PPEA that address those needs. IV. UNSOLICITED PROPOSALS The process for evaluating an Unsolicited Proposal, described in detail below, consists of four steps. Briefly stmunarized, upon receipt of an Unsolicited Proposal the City's first step will be to determine whether to accept it for consideration at the conceptual stage. If so, then in step two the City will give public notice of the Unsolicited Proposal, and allow for submission of other competing proposals. In step -5- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures three the City will proceed with a review at the conceptual stage of the original Unsolicited Proposal and/or any proposal received in response to the public notice and accepted for consideration at the conceptual stage. Step four ~s an in-depth review at the detailed stage of the original Unsolicited Proposal and/or any proposal received in response to the pubhc notice and accepted for consideration at the detailed stage. The City shall be afforded sufficient t~me as it deems necessary for complete review and evaluation of all proposals submitted; proposals shall remain valid and not revised, other than by the stated procedure, during this period. However, the City may, at its sole discretion, discontinue its evaluation of any proposal at any t~me. Furthermore, if the City determines that it is in the City's interest to do so with respect to any Unsolicited Proposal, the City may ehm~nate review at the conceptual stage and proceed directly to a review at the detailed stage. A. Decision to Accept and Consider Unsolicited Proposal~ Notice 1. Upon receipt from a private entity of any Unsolicited Proposal accompanied by payment of any reqmred fees, the City will determine whether to accept the Unsolicited Proposal for publication and conceptual-phase consideration, as described below. If the City determines not to accept the proposal at this stage, it will return the proposal and the accompanying imtial review fee to the private entity. 2. If the City chooses to accept an Unsolicited Proposal for conceptual-phase consideration, it shall give public notice of the proposal in accordance with the PPEA and shall specify a period of time not less than 45 days during which it will receive competing Unsolicited Proposals pursuant to § 56-575.4(A) of the PPEA. Although not required by the PPEA, at the discretion of the City such notice may be given consistent with the requirements for public notice as set forth in the Virginia Beach City Procurement ordinance. During the 45-day period for receiving competing Unsolicited Proposals, the City may continue to evaluate the original Unsolicited Proposal. B. Contents of Initial Submission 1. An Unsolicited Proposal must contain information on the private entity's qualifications and experience, project characteristics, project financing, anticipated public reaction, and project benefit and compatibihty. The information should be adequate to enable the C~ty to evaluate the practicality and sufficiency of the proposal. The private entity may request that the City consider a two-step proposal process, consisting of an initial conceptual submission to be followed by a more detailed submission. 2. Unsolicited Proposals should provide a concise description of the private entity's capability to complete the proposed qualifying project and the benefits to be derived from the project by the City. Project benefits to be considered may occur during the construction, renovation, expansion or improvement phase and during the life -6- Public-Pn'vate Educational Facilities and Infrastructures Act of 2002 Procedures cycle of the project. Proposals also should include a comprehensive scope of work and a financial plan for the project, containing enough detail to allow an analysis by the City of the financial feasibility of the proposed project, including but not limited to (a) the identity of any parties expected to provide financing for the project and (b) a statement indicating whether the private entity ~ntends to request the City to provide resources for financing the project and the nature and extent of any such resources. The scope of work shall be of sufficient detail to identify the level of quahty of the project commensurate with recognized design standards or by project qualities established or prescribed by the City of Virginia Beach for a given project. 3. The City may require additional submissions to clarify information previously provided or to address other areas of concern to the City. C. Review Fees · 1. A review fee will be charged a private entity submitting an Unsolicited Proposal to the City, to cover the City's costs of processing, reviewing, and evaluating the proposal, including the cost to compare ~t to any competing proposals. Such costs include but are not limited to City staff time, the cost of any materials or supplies expended, and the cost of any outside advisors or consultants, including but not hmited to attorneys, consultants, and financial advisors, used by the City in its sole discretion to assist ~n processing, reviewing, or evaluating the proposal. Such fees generally shall be in the amount necessary to completely cover all of the City's costs. 2. Such fees shall be imposed based on the reasonably anticipated costs to the C~ty in accordance with the following schedule: a. Initial fee. Payment of an initial fee must accompany the submission of the Unsolicited Proposal to the City in order for the City to proceed with its review. The ~mt~al fee shall be one percent (1%) of the reasonably anticipated total cost of the proposed quahfying project, but shall be no less than $2,500 nor more than $25,000, regardless of the anticipated total cost. b. Additional fees. Additional fees shall be imposed on and paid by the private entity throughout the processing, review, and evaluation of the Unsolicited Proposal if and as the City reasonably anticipates incurring costs in excess of the initial fee paid by the private entity. The City will notify the private entity of the amount of such additional fees as and when it anticipates incurring such costs. Prompt payment of such additional fees is required before the City will continue to process, review, and evaluate the proposal. c. Reimbursement of excess fees paid. In the event the total fees paid by the private entity exceed the City's total costs incurred in processing, reviewing, and evaluating the proposal, the City shall reimburse the difference. Otherwise, the City shall retain all fees paid. -7- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures D. Initial Review at the Conceptual Stage 1. Only proposals complying with the requirements of the PPEA and these Procedures that contain sufficient information for a meaningful evaluation and that are provided in an appropnate format, as described below, will be considered by the C~ty for further review at the conceptual stage. 2. The City will determine at this initial stage of review whether it will proceed using procurement through competitive sealed bidding as defined in the VPPA or procedures developed by the City that are consistent with procurement of other than professmnal services through competitive negotiation as defined in the VPPA. 3. After reviewing an Unsolicited Proposal and any competing Unsolicited Proposals submitted dunng the notice period, the City may determine (a) not to proceed further with any proposal, (b) to proceed to the detailed phase of review with the original proposal, (c) to proceed to the detailed phase w~th a competing proposal, or (d) to proceed to the detailed phase with multiple proposals. At all times the City retains the right to reject any proposal at any time for any reason whatsoever. E. Format for Submissions at the Conceptual Stage Unsolicited Proposals at the conceptual stage shall contain the following information in the following format, plus such additional information as the Caty may request: 1. Qualification and Experience a. Identify the legal structure of the firm or consortium of firms making the proposal. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team. b. Describe the experience of the firm or consortium of firms making the proposal and the key principals involved in the proposed project including experience with projects of comparable size, value, quality and complexity. Describe the length of time in business, business experience, public sector experience and other engagements of the firm or consortium of firms. Include the identity of any finns that will provide design, construction and completion guarantees and warranties and a description of such guarantees and warrant~es. Provide resumes of the key individuals who will be involved in the project. c. Provide the names, addresses, and telephone numbers of persons within the firm or consortium of firms who may be contacted for further information. -8- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures d. Provide a current or most recently audited financial statement of the firm or firms and each parmer with an equity interest of twenty percent or greater. e. submitting the proposal. Identify the officers and directors of the firm or firms f. Identify all businesses that have a parent-subsidiary or affiliated business entity relationship with the firm or firms submitting the proposal. The State and Local Government Conflict of Interests Act, at Virginia Code § 2.2- 3101, defines "parent-subsidmry relationship" as "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." In the same Code section, the Act defines "affiliated business entity relationship" as "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner ~n one entity is also a controlling owner in the other entity, or (fii) there is shared management or control between the business entit~es. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." g. Identify all known contractors or service providers, including but not limited to the providers of architectural services, real estate services, financial services, and legal servmes. 2. Project Characteristics a. Provide a descnption of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type, quality, value and intent of the project, the location, preliminary value of the land necessary to be acquired, and the communities that may be affected are clearly identified. b. Identify and fully descnbe any work to be performed by the City or any other public entity. c. Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. -9- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures d. Identify any anticipated adverse social, economic and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts of the project. e. Identify the projected positive social, economic and environmental impacts of the project. f. Identify the proposed schedule for the work on the project, including the estimated time for completion. g. Propose allocation of risk and liability for work completed beyond the agreement's completion date, and assurances for timely completion of the project. h. State assumptions related to ownership, legal liability, law enforcement and operation of the project and the existence of any restrictions on the public entity's use of the project. i. Provide information relative to phased or partial openings of the proposed project prior to completion of the entire work. j. Describe any architectural, building, engineering, or other applicable standards that the proposed project will meet. Define applicable quality standards to be adhered to for achieving the desired product outcome(s). 3. Project Financing a. Provide a prehminary estimate and estimating methodology of the cost of the work by phase, segment, or both. b. Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds. c. Include a list and discussaon of assumptions underlying all major elements of the plan. with these factors. d. Identify all anticipated risk factors and methods for dealing e. Identify any local, state or federal resources that the private entity contemplates requesting for the project. Describe the total commitment, if any, expected from governmental sources (and identify each such source) and the timing of any anticipated commitment. -10- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures f. Identify any third parties that the private entity contemplates will provide financing for the project and describe the nature and timing of each such commitment. 4. Project Benefit and Compatibihty a. Describe the anticipated benefits to the commumty, region or state, including anticipated benefits to the economic condition of the City, and identify who will benefit fi.om the project and how they will benefit. b. Identify any anticipated public support or opposition, as well as any anticipated government support or opposition, for the project. c. Explain the strategy and plans that will be carried out to involve and inform the general public, business commumty, and governmental agencies in areas affected by the project. d. Explain whether and, ~f so, how the project ~s critical to attracting or maintaimng competitive ~ndustnes and businesses to the City or the surrounding region. e. Explain whether and, if so, how the project is compatible with the City's comprehensive plan, infrastructure development plans, capital improvements budget, or other government spending plan. fi Explain how quality standards of the project will be satisfied in comparison w~th the qualities anticipated or proposed by the City of Virginia Beach for the project. F. Format for Submissions at the Detailed Stage If the C~ty decides to proceed to the detailed phase of review with one or more Unsolicited Proposals, then the following information must be provided by the private entity unless waived by the City: 1. A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project. 2. A list of pubhc utility facilities, ~f any, that will be crossed by the qualifying project and a statement of the plans of the private entity to accommodate such crossings. 3. A statement and strategy setting out the plans for securing all necessary property. The statement must include the names and addresses, if known, of -11- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures the current owners of the subject property as well as a list of any property the private entity intends to request the public entity to condemn. 4. A detailed listing of all firms that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties. 5. A total life-cycle cost specifying methodology and assumptions of the project or projects and the proposed project start date. Include anticipated commitment of all parties; eqmty, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The hfe-cycle cost analysis should include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses. 6. A detailed discussion of assumptions about user fees or rates, and usage of the projects. 7. Identification of any known government support or opposition, or general public support or opposition for the project. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 8. Demonstration of consistency with appropriate local comprehensive or infrastructure development plans or lndmation of the steps required for acceptance into such plans. 9. Sufficient design and engineering detail to establish floor plans, elevations, and site characteristics. 10. Explanation of how the proposed project would impact local development plans of each affected local jurisdiction. 11. the proposal. Identify the officers and directors of the firm or firms submitting 12. Identify all businesses that have a parent-subsidiary or affiliated business entity relationship with the finn or firms submitting the proposal. The State and Local Government Conflict of Interests Act, at Virginia Code § 2.2-3101, defines "parent-subsidiary relationship" as "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." In the same Code section, the Act defines "affiliated business entity relationship" as "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling -12- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entit~es share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." 13. Identify all known contractors or service providers, including but not limited to the providers of archttectural services, real estate services, financial services, and legal services. 14. Detailed analysis of the financial feasibility of the proposed project, including its impact on similar facilities operated or planned by the City. Include a detailed description of any financing plan proposed for the project, a comparison of that plan with financing alternatives that may be available to the City, and all underlying data supporting any conclusions reached in the analysis or the selection by the private entity of the financing plan proposed for the project. 15. Additional material and information as the City may request. V. PROPOSAL EVALUATION AND SELECTION CRITERIA Some or all of the following matters may be considered in the evaluation and selection of PPEA proposals. However, the City retains the fight at all times to reject any proposal at any time for any reason whatsoever. A. Qualifications and Experience Factors to be considered in either phase of the City's review to determine whether the private entity possesses the requisite qualifications and experience may include but are not necessarily limited to: 1. Experience with similar projects of comparable scope & value; 2. Demonstration of ability to perform work at the appropriate level of quality standards; 3. Leadership structure; 4. Project manager's experience; 5. Management approach; -13- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 6. Financial condition; and 7. ProJect ownership. B. Proiect Characteristics Factors to be considered in determining the project characteristics may include but are not necessarily limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology; technical feasibility; 5. Conformity to laws, regulations, and standards; 6. Environmental impacts; 7. Condemnation impacts; 8. State and local permits; and 9. Maintenance of the project. 10. Quality standards to meet proposed project quality. C. Pro,iect Financing Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project may ~nclude but are not necessarily limited to: 1. Cost and cost benefit to the City; 2. Financing and the impact on the debt or debt burden of the City; 3. Financial plan; 4. Estimated cost; 5. Life-cycle cost analysis; and -14- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 6. The identity of any third party that will provide financing for the project and the nature and timing of their commitment. 7. Comparable costs of other project delivery methods. D. Proiect Benefit and Compatibility Factors to be considered in detennimng the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include but are not necessarily limited to: 1. Community benefits; 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and 5. Compatibility with local, regional, and state economic development efforts. . and expenditures. Fiscal impact to the City of V~rginia Beach in terms of revenues 7. Economic output of the project ~n terms of jobs and total economic impact on the local economy. VI. COMPREHENSIVE AGREEMENT Prior to acquinng, designing, constructing, improving, renovating, expanding, equipping, maintaining, or operating any qualifying project, a selected private entity shall enter into a comprehensive agreement with the City as provided by the PPEA. Any such comprehensive agreement, and any amendment thereto, must be approved by the City Council before it is entered into on behalf of the City. As provided by the PPEA, the terms of the comprehensive agreement shall include but not be limited to: 1. Delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, in the forms and amounts satisfactory to the City; -15- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 2. Review and approval of plans and specffications for the qualifying project by the City; 3. The right of the City to inspect the qualifying project; 4. Maintenance of a policy or policies of hability insurance or self- insurance in from and amount satisfactory to the City and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project; 5. Monitonng of the practices of the operator by the City to ensure proper maintenance; City; o Reimbursement to be prod to the City for services provided by the periodic basis; Filing by the operator of appropriate financial statements on a 8. Policies and procedures governing the rights and responsibilities of the City and the operator in the event that the comprehensive agreement is terminated or there is a material default by the operator, including the conditions governing assumption of the duties and responsibilities of the operator by the City and the transfer or purchase of property or other interests of the operator by the City; 9. Providing for such user fees, lease payments, or service payments, if any, as may be established from time to time by agreement of the parties, which shall be the same for persons using the facilities under like conditions and shall not materially discourage use of the qualifying project. Classifications according to reasonable categories for assessment of user fees may be made. 10. Requiring a copy of any service contract to be filed with the City and providing that a schedule of the current user fees or lease payments shall be made available by the operator to any member of the public upon request. 11. The terms and conditions under which the responsible public entity may contribute financial resources, if any, for the quahfying project; and 12. Any other provisions required by applicable law. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. -16- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures VII. GOVERNING PROVISIONS In the event of any conflict between these provisions and the PPEA, the terms of the PPEA shall control. -17- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MEETING DATE: Resolution Expressing City Policy with Respect to the Use of Lake Wesley for Certain Activities and Authorizing and Directing the City Manager to Implement Such Policy June 3, 2003 Background: The use of Lake Wesley as a site for the placement of large barges, marine cranes, sections of dredge pipe and related equipment has resulted in increased noise levels and has disrupted the tranquility of nearby neighborhoods. Owners of adjacent residential property, fishermen, boaters, swimmers, and environmental groups have expressed concerns about the continuing impact of such activity on the public safety and quiet enjoyment of the persons living near Lake Wesley. Councilmembers Richard A. Maddox and Peter W. Schmidt have requested that this Resolution be brought forward. Considerations: The Resolution expresses that it shall be the policy of the City of Virginia Beach that Lake Wesley shall not be used as an industrial anchorage, including the placement by contractors of barges, marine cranes, sections of dredge pipe and related marine construction equipment, except in cases of bona fide emergency or when other sites cannot be used. It also authorizes and directs the City Manager to implement the policy by taking certain actions set forth in the Resolution. Public Information: No special advertising or public hearing is required for this item. Recommendations: Adoption of Resolution · Attachments: Recommended Action: Adoption of Resolution Submitting Department/Agency: Requested by Councilmembers Richard A. Maddox and Peter W. Schmidt City Manager: REQUESTED BY COUNCILMEMBERS RICHARD A. MADDOX AND PETER W. SCHMIDT A RESOLUTION EXPRESSING CITY POLICY WITH RESPECT TO THE USE OF LAKE WESLEY FOR CERTAIN ACTIVITIES AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT SUCH POLICY WHEREAS, the City of Virginia Beach has allowed contractors 8 employed either directly or indirectly by the City of Virginia 9 Beach to utilize Lake Wesley to conduct certain industrial 10 activities related to beach replenishment, channel dredging, and 11 other related marine construction projects; and 12 WHEREAS, the placement of large barges, marine cranes, 13 sections of dredge pipe, and related equipment has hampered boat 14 navigation; and 15 WHEREAS, the activity attendant thereto has resulted in 16 increased noise levels and has disrupted the tranquility of nearby 17 neighborhoods and; 18 WHEREAS, owners of residential property adjacent to Lake 19 Wesley, fishermen, boaters and swimmers have expressed concerns 20 about the continuing impact of such activity on the public safety 21 and quiet enjoyment of the persons living near Lake Wesley; and 22 WHEREAS, it is the sense of the City Council that prompt and 23 decisive action be taken to comprehensively address those concerns; 24 and 25 WHEREAS, the City Council supports the efforts of property 26 owners and concerned civic organizations to maintain the uniqueness 27 of Lake Wesley and to conserve the waterway for residential and 28 recreational use; and 29 WHEREAS, there is existing infrastructure at the City's dredge 30 operation facility on Lake Rudee which may be used to support 31 marine construction projects; 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That City Council hereby expresses the policy of the City of 35 Virginia Beach that, except in cases of actual, bona fide emergency 36 or as provided below, Lake Wesley shall not be used as an 37 industrial anchorage, including the placement by contractors of 38 barges, marine cranes, sections of dredge pipe and related marine 39 construction equipment therein. 40 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 41 BEACH, VIRGINIA: 42 That as a means of reestablishing and preserving the quiet 43 enjoyment of property in proximity to Lake Wesley, the City's 44 Dredge Operations Facility shall be used, to the greatest extent 45 possible, for placement of large barges, marine cranes, sections of 46 dredge pipe, and related equipment as the site for industrial 47 activities related to beach replenishment, channel dredging, and 48 other related marine construction projects. Furthermore, 49 utilization of the commercial facilities located at the Dredge 50 Operations Facility shall be conducted in a manner which minimizes 51 the effect on adjacent residents. In cases in which necessary 52 equipment cannot be transported to the Dredge Operations Facility 53 because of the size of such equipment, the commercial marina 54 located on Southside Road or the Turning Basin shall be used. If, 55 and only if, the City's Dredge Operations Facility, the Southside 56 Road marina and the Turning Basin cannot be used for such purposes, 57 and no other reasonable alternative site is available, shall such 58 activity be allowed to take place in Lake Wesley, and in such 59 event, hours of operation shall be limited to the period between 7 60 a.m. and 7 p.m. and the placement of crewed vessels and fossil 61 fueled generators or other equipment shall be prohibited except 62 during these hours. 63 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 64 BEACH, VIRGINIA: 65 That the City Manager is hereby authorized and directed to 66 implement the aforesaid policy by taking all necessary or 67 appropriate action, to the extent allowable under any existing 68 contractual agreements, to discontinue current utilization of Lake 69 Wesley for industrial purposes by contractors employed directly or 70 indirectly by the City, and to require that future City contracts 71 contain sufficient provisions effectuating the above policy. 72 73 74 Virginia, on the Adopted by the Council of the City of Virginia Beach, day of , 2003. CA-8883 wmmordres \lakewesleyres. wpd R-7 May 27, 2003 APPROVED AS TO LEGAL SUFFICIENCY: I ii I i - - I K. PLANNING o Apphcatlon of NEW FELLOWSHIP BAPTIST CHURCH for a Con&t~onal Use Permzt re a freestanding church at 3308 Continental Street. (DISTRICT 3 - ROSE HALL) Deferred: Recommendation: May 27, 2003 APPROVAL May 13, 2003 MAYOR OBERNDORF: There's a motion and a second deferring indefznitely, but expecting to bring it back on June 3rd. Are we ready for the question? CITY CLERK: By a vote of 11 to 0 you have deferred indefinitely with the intent to be heard on 6/3 the Application of New Fellowship Baptist Church. May 13, 2003 COUNCIL LADY MCCLANAN: Mr. Warnstaff will check that out and if we don't have that finalized before the Agenda goes out next week we'll put it off until another time. But, in the meantime you can just continue. PASTOR AMOS: Okay. And one of the reasons -- and this is the final comment that I've been looking forward to coming to C~ty Council is because for the last three years that we've been there, we've been paying City taxes although we've been a Church and that's one of the reasons why we're here, because they were saying we had to get everything taken care of. So, the sooner the better. I appreciate your help. Thank you. Mrs. McClanan and all of the Officials, God Bless. MAYOR OBERNDORF: Pastor Amos, would you do us a favor. The Clerk has a card and if you will just make that out so we'll have your phone number and how to get in touch with you. You can sit right there at that desk for a second -- behind you. PASTOR AMOS: Okay. MAYOR OBERNDORF: Thank you. Would you like to make a motion? COUNCIL LADY McCLANAN: Yes. I'm sorry. Madam Mayor, if we could -- let's defer it indefinitely with the intention to bring it back next week. MAYOR OBERNDORF: Okay. COUNCIL LADY WILSON: Second. May 13, 2003 today to give time to get it fixed up, but it sounds like it is up to us to get that straight. So if you don't mind, we wzll just have you come back and then grant the Permit at that time. PASTOR AMOS: Yes, ma'am. COUNCIL LADY McCLANAN: If that ' s okay. MAYOR OBERNDORF: Are we asking the Pastor to come back next week or June 3rd? COUNCIL LADY McCLANAN: June 3rd. I think that will gzve us time. Mr. Warnstaff can certainly tell us. CLARENCE WARNSTAFF: Yes, ma'am. In fact, the drawing in the package indicates that's an mngress-egress easement. It does not indicate that it's City property, but we will be more than glad to double-check to make sure. COUNCIL LADY McCLANAN: Well, I think that business uses that and that's why I think we need to check it. CLARENCE WARNSTAFF: We will be glad COUNCIL LADY McCLANAN: Yeah, I don't think it's all the City's fault. Because I remember when that was a church many, many years ago and then it's been used as other -- you know before you-all came in to lt. So, if you will just let us get that straight. PASTOR AMOS: Also, Advance Auto Part as well. That's the trucks that use that particular entrance. PASTOR AMOS: May 13, 2003 Yes, there's one more. COUNCIL LADY McCLANAN: But we won't pass it until we get it stramght. He's entitled. If the City should be taking care of it, Then, we should do that. PASTOR AMOS: I appreciate it. MAYOR OBERNDORF: Pastor, please, if you have anything else. PASTOR AMOS: Yeah, I wanted to comment because -- and I thank you-all very much for allowing me to have an opportunity to speak to you. I wanted to comment regarding the building. I have personally put over $60,000 into renovation. There was a church previous there. They were not noted on record for nine years and when I purchased the building from Dan Poston, where the church formally was, the building was kind or tore up from the floor up -- excuse the expression -- and I put a $10,000 roof on mt with a lifetime warranty. I put over $60,000 inside the building. The outside does not do it justice. It's very very beautiful. I like stuff first-class. The grass was never cut, tree limbs laying around but I wanted -- you know when you represent God, you want something that's going to be very nice. So, everything we try to do I try to make mt first-class. So, I ]ust want to say that the Condition of the one year -- really, you can come check out the building and come inside and you will see how beautiful it is. COUNCIL LADY McCLANAN: No, the intent is to get this taken care of. Then, when we hear it again we just give you the Use Permit. So, it won't be for just a year. That was just for May 13, 2003 is where the gas trucks go through. It's not our area. I would like the pothole fixed ourselves. We have called the City on many occasions to fix that area. Also, too, regarding the building -- COUNCIL LADY McCLANAN: What? PASTOR AMOS: We've called the City on many occasions to fix the same -- COUNCIL LADY McCLANAN: Why don't we defer this for a week. Then you and I can talk about it, because I dmdn't know who owned it. I knew that the fence had been put up on this side and then the landscapmng on this side. In all of that good effort, The City has done a lot over there mn the apartments. PASTOR AMOS: They have made it beautiful over there. The only way the trucks can come through is through that area and so that driveway right in front of the Church, I know we have such a small area, is where they come through. As a matter of fact, Advance Auto, when we did try and fix it at one point they told us we were violating City property; so, we couldn't do anything to lt. COUNCIL LADY McCI2%NAN: Well, I think you would have been better to talk to Mr. Warnstaff. We'll discuss this and we will see if we can't -- it sounds like the Condmtion may be our Condition. In the meantime, you continue meeting and going right along. If you will leave your phone number with Mrs. Smith. PASTOR AMOS: Yes, ma'am. CITY CLERK: Your Honor, there is another Condition. May 13, 2003 FOR~2tL SESSION CITY CLERK: The next Item would be the New Fellowship Baptist Church. M~%YOR 0BERNDORF: I now declare a Public Hearzng for the Planning Items and welcome the Presenter for the New Fellowship Baptist Church. CITY CLERK: Would you state your name, sir, since you are not registered. PASTOR AMOS: M~%YOR 0BERNDORF: My name is Pastor J.L. Amos. Thank you. PASTOR AMOS: The "J" stands for John. COUNCIL LADY McCLANAN: Pastor Amos. PASTOR AMOS: Yes, ma'am. COUNCIL I2%DY McCLANAN: I wanted to ask you -- there is one Condition listed in the Agenda. I wanted to ask you if you would be agreeable to these two additIons: One is that the potholes and the asphalt areas on site shall be filled and repa!red and that th~s Conditional Use Permit shall be for a period of one year. During that one year that will give you time to do that. PASTOR AMOS: No, ma'am, not being disrespectful. The pothole area is a City area. That pothole VICEMAYOR JONES: a motion. May 13, 2003 And if they want to agree to it then fine and if they don't then you will have to make COUNCIL LADY McCLANAN: VICE MAYOR JONES: Okay. Because they've been in operation for, as I understand, a long long time. Ail right. Mr. Diezel. COUNCII/~AI~ DIEZEL: Can we do this? Because it is a Conditional Use Permit, attach that as a Condition? VICE MAYOR JONES: We have to make sure they agree to it though. COUNCIL LADY McCLANAN: Yeah. Because if you look at the pictures in here -- you don't have to go look at it. The pictures will sustain what I'm telling you. COUNCIL LADY EURE: I'm agreeing with Harry, but I think staff should draw up a Condition that should be added to this that says exactly whatever she needs done, because if you don't say it in black and white and make it a Condition at the end of the year there will be a reason. VICE MAYOR JONES: Okay. Les, do you have that? CITY ATTORNEY: Yes, sir, we will do that. COUNCIL LADY McCLANA/~: Okay. That sounds good. May 13, 2003 Agenda Review VICE MAYOR JONES: Okay. Under Planning, the Application of New Fellowshzp Baptist Church for a Conditional Use Permit. Rose Hall, Mrs. McClanan. COUNCIL LADY McCLANAN: This has been in existance and you-all saw the pictures in your Agenda what it looks like. The City has done a marvelous job over there with those Plaza Apartments. They have improved that area. The two businesses on both sides of this have put things up so they can't see it. But, what I would like to do -- if you-all will work with me on this, since it's not the way it ought to look. It's not anything we should encourage. If you would agree to approve th~s for one year wzth the requzrement that they fill those potholes. I mean, they told themto start the parking lot, but they didn't tell them to fill the potholes and I went in there today. I mean, we shouldn't allow things if we're going to improve and upgrade. So, if you-all will be so kind as to go along with me on this and simply approve it for a year and if at the end of the year it has been upgraded and improved so that it is an improvement ~n the neighborhood continue and if not let them come back. I can't really make a motion to approve it today the way it looks. VICE MAYOR JONES: Well, why don't we pull it and we can ask them if they want to agree to it. COUNCIL LADY McCLANAN: Okay. Virginia Beach City Council May 27, 2003 4:15 p.m. CITY COUNCIL: Meyera E. 0berndorf, Mayor Vice Mayor Louis R. Jones Harry E. Diezel Margaret L. Eure Reba McClanan Richard A. Maddox Jim Reeve Peter Schmidt Ron A. Vmllanueva Rosemary Wilson James L. Wood At-Large Bayside - Distrmct 4 Kempsville - District 6 Centerville - District 1 Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - Dzstrmct 5 CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of the New Fellowship Baptist Church Ma~ 1-5 Sentara Beach General Hos C~m 2408-63-3987 ZONING HISTORY 1. 10/15/-84- CONDITIONAL USE PERMIT (Hospital Expansion) - Granted 08/10/87 - REZONING - R-4 Residential Distnct to 0-2 Office District- Granted 2. 10/15/84- CONDITIONAL USE PERMIT (Nursing Home)- Granted 3. 09/23/97 - REZONING - 0-2 Office Distnct to Condibonal A-18 Apartment D~str~ct- Granted 4. 09/08/92- CONDITIONAL USE PERMIT (Nursing Home)- Granted 5. 03/12/84 - REZONING - R-4 Res~denbal District to 0-2 Office Distr~ct - Granted 6. 03/09/87 - REZONING - A-2 Apartment D~strict to 0-2 Office D~strict - Granted II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: New Fellowship Baptist Church- Conditional Use Permit MEETING DATE: June 3, 2003 · Background: An Ordinance upon Apphcation of New Fellowship Baphst Church for a Condibonal Use Permit for a church on property located at 3308 Conbnental Street (GPIN 1487828654). DISTRICT 3- ROSE HALL The purpose of th~s request ~s to establish the ex~sting church as a legal use on this site. This request was deferred by the City Council on May 27 to clarify an ~ssue regarding the ownership of a portion of the parcel. Considerations: There is a 2,500 square foot one-story building on the s~te and pavement area that ~s not marked for parking. No alterations to the existing site are planned. The church is requesting to establish ~tself as a legal use on this s~te. On March 11, 1968, a Conditional Use Permit for a billiards center was approved on the subject site. The building was later sold to a church that operated at the site for a number of years without a Conditional Use Permit. The current church bought the building from the prewous church and did not know that a Conditional Use Permit was needed unhl recently. The request for a freestanding church at this location is acceptable. Staff has noted that the 8,700 square foot site ~s significantly less than the three-acre s~te s~ze required by the City Zoning Ordinance for freestanding churches; however, th~s use has been established on the site for a number of years and has had no known negabve impact on the surrounding properties. There ~s no permanent staff on the s~te. Members use the church only occasionally dunng the week and for Sunday services. The church does not operate during the peak hours for the commercial uses that are located to the north and west of the s,te. There ~s an existing six-foot wooden fence on the eastern property line that separates the apartment complex from the church s~te. New Fellowship Page 2 of 2 The Planning Commission placed th~s item on the consent agenda because it is an existing use and is compatible with the surrounding neighborhood. Staff recommended approval. There was no opposition to the proposal. After the May 27 meeting, research ~nto the ownership and maintenance responsibility of the 18 foot ~ngress/egress easement on the parcel indicates that the easement is a private one and not the responsibility of the City. The creation of the easement as recorded in Deed Book 4188, Pages 75 to 81. The language in that document notes "the upkeep and maintenance of said easement and right of way shall be borne by the grantors, their successors and assigns, which shall be kept in good condition and repair." It is, therefore, the respons~b~hty of the owner of the property on which the church ~s located to maintain the easement area. · Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions. Condition 2 and 3 have been added per the recommendahon of the Rose Hall Distnct Councdperson. 1. The asphalt ama on-site shall be marked for standard parking spaces, with at least one van accessible handicap space marked. 2. Any potholes located with the paved area shall be filled and sealed. . Th~s use permit is valid for one (1) year and shall be m-evaluated at that time by the C~ty Council to ensure that the conditions above have been satisfied. · Attachments: Staff Review D~sclosure Statement Planning Commission M~nutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ~i~~n~att~~~e~~ pa~A~P ~lann'ng Department NEW FELLOWSHIP BAPTIST CHURCH/ #5 April 9, 2003 General Information: APPLICATION NUMBER: REQUEST: ADDRESS: G07-210- CUP-2003 Conditional Use Permit for a free-standing church 3308 Continental Street Map G-7 New Mo No~ Scol-~ Ba Church Gp~n: see apphcaton GPIN: 14878286540000 Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH / # 5 Page I ELECTION DISTRICT: SITE SIZE' STAFF PLANNER' PURPOSE: 3- ROSE HALL 8,700 square feet Barbara Duke To estabhsh the ex~sting church as a legal use on this site Major Issues: Degree to which the proposal ~s compatible w~th the surrounding area. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoning There is a 2,500 square foot one-story building on the site and pavement area that is not marked for parking. Surroundinq Land Use and Zoning North: South: East: West: · Commercial Uses / B-2 Community Business D~strict · Church / R-7.5 Residential Distnct · Apartment Complex/A-18 Apartment District · Auto Repair and Tax~ Bus~ness / B-2 Community Bus,ness D~stnct Zoninq History On 03/11/68, a Conditional Use Permit for a bdhards center was approved on the subject site. The budding was later sold to a church that operated at the site for a Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH ! # 5 Page 2 number of years without a Conditional Use Permit for the church operabon being granted. The current church bought the building from the prewous church and did not know that a Cond~bonal Use Permit was needed until recently. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Public Facilities and Services Water and Sewer C~ty water and sewer currently serve the building on the s~te. Transportation The traffic generated at th~s s~te for the church use ~s less than what would be generated were the site developed w,th a commercial use allowed by-nght in the B-2 Bus~ness zoning district. Public Safety Police: Not reviewed Fire and Rescue: Adequate - no further comments. Comprehensive Plan The Comprehensive Plan recognizes th~s area as a small commercial node serving the surrounding residential neighborhoods. Uses in th~s area should stnve to eliminate negative impacts on the community. Summary of Proposal Proposal · There is an ex~sting 2,500 square foot one-story budding on the s~te as well as asphalt paved areas ~n front of the building and behind the building. The s~te Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH/# 5 Page 3 ~s totally ~mperv,ous w,th the only green space being around the free-standing sign for the church. No alterahons to the emsting s~te are planned. The church ~s simply asking to estabhsh itself as a legal use on this site. Evaluation of Request The request for a freestanding church at this location is acceptable. Staff has noted that the 8,700 square foot s~te ,s s~gnificantly less than the three-acm site size required by the City Zoning Ordinance for freestanding churches; however, th~s use has been estabhshed on the site for a number of years and has had no known negative impact on the surrounding properties. There is no permanent staff on the s~te. Members use the church only occasionally dunng the week and for Sunday services. The church does not operate during the peak hours for the commercial uses that are located to the north and west of the site. There ~s an existing six-foot wooden fence on the eastern property line that separates the apartment complex from the church s~te. It ~s recommended that the Condibonal Use Permit for the church be approved with the following cond~bon. Condition 1. The asphalt area on-site shall be marked for standard parking spaces, w~th at least one van accessible handicap space marked. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet afl applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH / # 5 Page 4 LINK FENCE P4RCEL B ~0.0' .PARCEL B _ PHYSICAL SURVEY ASPHALT PAI~K I NI~ R'.2400.00' A.50,2r CONTINEHTAL STREET ~50'~ Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH / # 5 Page 5 Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH ! # 5 Page 6 APPLICATION PAGE 4 OF 4 CONDITIONAL USE PERMIT CITY OF VIRGINIA BEACH DISCLOSURE STATEMENT Apphcant'shame' NCI~ qO~OtO~oq ~ ~r~~D~ C ~l~C_~ Property O~em: ~g ~ D PROPERTY OWNER DISCLOSURE ff the propert~ owner ~s a CORPORATION, hst all officers of the Corporation belov~ (Attach hrt tfnecessary) If the propert~ owner ~s a PARTNERSItIP, FIRM, or other UNINCORPOIL&TED ORGANIZATION, hst all members or partners m the orgamzauon below (Attach ltst ~fnece~sao) ,2] Check here ff the property owner ~s NOT a corperatmn, parmershxp firm, or other umneorporated organlzatlon If the trpphcant ts not the current owner of the propert), complete the Apphcant Dtsclosure sectzon below' APPLICANT DISCLOSURE If the appl[caat is a CORP.ORATION, hst all officers of the Corporauon below (Ar'ach ltst tfnecessar>.) 5 If the apphcant ~s a PARTNERSI-IIP, FIR-M, or other UNINCORPORATED ORGANIZ&TION, list ah membe~ or partners m the orgamzauon below (Anach hst Cnecessar3,) Check here ~f the apphcant Is NOT a corporalaon, parmersh~p, firm, or other umncorporated orgamzat~on CERTIFIC&TION !certtfy that the information conntained hereto, j4 true and accurate. jo (,.,,.,, Print N~me Planning Commission Agenda April 9, 2003 NEW FELLOWSHIP BAPTIST CHURCH / # 5 Page 7 Item #5 New Fellowship Baptist Church Conditional Use Pernut 3308 Continental Street District 3 Rose Hall April 9, 2003 CONSENT Dorothy Wood. The second item will be New Fellowship Baptist Church. It's an Ordinance upon Apphcanon of New Fellowship Baptist Church for a Use Permit for a Church at 3308 Continental Street ~n the Rose Hall D~strict. There are two conditions on this applicanon. Another one has been added. Have you read both conditions? Tara Davis' I only see one condition. No area in the asphalt area shall be marked. Dorothy Wood Would you please read the second condition Tara Davis: The Conditional Use Permit shall be subject to a bi-annual admimstrat~ve issue reviewed by Zoning. Dorothy Wood. Would you please state your name? Tara Davis: Tara Daws Dorothy Wood: Thank you Ms. Davis. Pastor J L. Amos: I'm Pastor Amos. Dorothy Wood: I'm sorry, your name? Pastor J.L. Amos: I'm Pastor J.L. Amos. Dorothy Wood: Okay Thank you. Is them any opposition to this consent item for the New Fellowship Baptist Church in the Rose Hall District? Hearing none. Thank you. Pastor J L. Amos: Thank you. Dorothy Wood: Gene, would you please comment on this before we go to the next item? Gene Crabtree: The New Fellowship Baptist Church, we felt like once agmn that it was compatible with the neighborhood and the use of the neighborhood. Even though ~t ~s not on a site that normally would be large enough for a free standing church. We th~nk that ~n th~s area and the fact that it serves the apartments that are adjacent to this that ~t is a good site for ~t It has been operating for some years as a church even though they did Item 4/5 New Fellowship Baptist Church Page 2 not realize they had to have a permit to do so, we just feel like it will be an addition to the neighborhood and it won't impact on any of the surrounding businesses, etc And, it IS secluded from the other sites around the businesses and the apartments by a SlX-foot wooden fence so there won't be any impact on the neighborhood whatsoever from there Therefore, we felt it was a simple item for consent. Dorothy Wood Thank you Gene Mr. Ripley, I would move to approve this item on the consent agenda, number five, the New Fellowship Baptist Church with two conditions. I'd like to move to approve this item Ronald Ripley. We have a motion made to approve the ~tems read. Do I have a second? Seconded by Don Horsley. Any discussion9 Ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. New Fellowshi Ba Church R-7o5 Gpin: see applicaton ZONING HISTORY 1 03111168- CONDITIONAL USE PERMIT (family billiards) - Granted 2 05112169 - CONDITIONAL USE PERMIT (live entertainment) - Granted 3 04/15/85 - CONDITIONAL USE PERMIT (auto repair) - Granted 4 03~28~60 - REZONING - R,S-4 Residential S~ngle Family to RM Res~denhal Mulbfam~y - Granted 24 25 26 27 28 29 30 31 32 33 2. That this task force will be made up of eleven (11) Virginia Beach citizens, with one (1) member to be appointed by each Council member. 3. That this task force will conclude its study and make its recommendations no later than November 1, 2003. 4. That the City Attorney is hereby d~rected to provide staff support to the task force for legal research needs and general assistance. 5. That the City Manager and Real Estate Assessor are hereby directed to provide assistance to the task force as needed. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of May 2003 , CA-8849 ORDIN\NONCODE\seniorresl .wpd R-4 May 6, 2003 APPROVED AS TO LEGAL SUFFICIENCY: ,-~/-~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Revised Version Requested by Councilmembers Jim Reeve, Richard A. Maddox and Ron A. Villanueva A RESOLUTION CREATING A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS ON REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS WHEREAS, the City of Virginia Beach currently promotes itself as a "Community for a Lifetime;" WHEREAS, it is the goal of the Virginia Beach City Council to make this statement a reality; WHEREAS, the Council recognizes that our senior citizens provide a tremendous benefit to our community; WHEREAS, the Council understands that many of our senior citizens have loyally contributed to the tax base for years and now may require fewer City services than in the past; and WHEREAS, the Council further realizes that many senior citizens may feel overwhelmed by the continued increase in real estate assessments and corresponding tax burden while living on a fixed income and facing other rising costs, such as medical bills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Virginia Beach Council hereby creates a task force, to be known as the "Senior Citizen Real Estate Tax Relief Task Force," to study the impact of rising real estate assessments on senior citizens. - 26- Item V-K. 3. RES OL UTIONS/ORDINANCES ITEM # 51134 Upon motzon by Vtce Mayor Jones, seconded by Council Lady Wdson, City Councd ADOPTED, AS RE VISED: Resolutton CREATING a Commissioii Task Force to study and make recommendattons on Real Estate Tax Relief for Senior Citizens Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Councd Members Votmg Nay None Councd Members Absent None May 6, 2003 L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION EASTERN VIRGINIA MEDICAL SCHOOL FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REAL ESTATE TAX RELIEF FOR SENIOR CITIZENS SHORE DRIVE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT