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HomeMy WebLinkAboutJUNE 24, 2003 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Bayslde - Dlstrlct 4 HARRY E DIEZ,EL, KempsvIlle - DlstTlct 2 MARGARET L EURE, Centervllle - DIstrIct I REBA S McCLANAN, Rose Hall - D,vtrlct 3 RICHARD A MADDOX, Beach - Dlstrlct 6 JIM REEVE, Prmcess Anne - Dlstrlct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -DIStTlct 5 CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 EMAIL Ctycncl@vbgov com JAMES K SPORE, CIty Manager LESLIE L LILLEY, CIty Attorney RUTH HODGES SMITH, MMe, CIty Clerk 24 June 2003 I. CITY COUNCIL'S DISCUSSION - Conference Room - 2:00 PM A. TALENT BANK APPLICATION-CITY COUNCIL APPOINTIVE AGENCIES Council Lady Reba S. McClanan CouncIl Lady Rosemary Wilson II CITY ATTORNEY'S BRIEFING A. CONFLICT OF INTEREST ACT Roderick R. Ingram, Assistant City Attorney III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3. Resolution re procedures for consIdering unsolicited requests from private entities re qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA); 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. 4. Resolution to endorse the application for Federal TransportatIon Enhancement Funds for the Ferry Plantation House Restoration (Phase 1) 5. Resolution to AUTHORIZE the promulgatIon of Amendment Number 7 to the Specifications and Standards Manual of the EngIneering Division, Department of Public Works. K. ORDINANCES 4. OrdInances to AMEND the CIty Code: a. 99 5-5 and 5-12 and REPEAL 9 5-11 re domestic animals. b. 9 2-78 re background investigations of applicants for publIc employment c. 9 7.1 re definition of a bicycle d. 9 23-7 re interference with City officers in the performance of their dutIes; and, ADDING 9 23-7.3 re resisting lawful arrest e. 9921-3,21-199,21-29,21-323.1,21-323 and 21-344 to reflect reVIsions to the State Code re motor vehicles, farm machinery, highway signs, work area speed limits, electrical devices, reimbursement of expenses f. 9 35-11 to reflect revisions to the State Code re admInistratIve collection of delinquent taxes or charges 5. OrdInance to AUTHORIZE the Department of Museums and Cultural Arts to ACCEPT two (2) bronze statues, for display at the Judicial Center, from the Council of Garden Clubs of Virginia Beach and the VIrginia Beach Child Advocacy Network (VBCAN). 6. OrdInance to AUTHORIZE temporary encroachment into a portion of the City's property a1 Lake Rudee In Shadowlawn HeIghts by PAUL S. and DENA HIGH SAWYER to construct and maintain a fixed pier, aluminum ramp, floating pier, boat lift and four (4) piles at 7 Caribbean Avenue. (DISTRICT 6 - BEACH) 7. OrdInance to ACCEPT and APPROPRIATE $1,599,750 from the VIrginia Comprehensive Services Act office to the FY 2002-03 operating budget of the Comprehensive Services Act (CSA) specIal revenue fund re mandated special education and foster care servIces. 8. Ordinance to APPROPRIATE $145,569 in additIonal State revenue and $128,760 of fund balance within the Sheriff's Department SpeCIal Revenue Fund in the FY 2003-04 operatIng budget re compensation and purchase of additional equipment. 6. Ordinance to APPROPRIATE $5,450 In cIvil charges collected from the Wetlands and Coastal Primary Sand Dune ordinance violations to the Department of Agnculture's FY 2002-03 operating budget re environmental restoration and habitat enhancement projects 7. Ordinance to TRANSFER $18,000 to the FY 2002-03 Municipal Council Donations account in behalf of the Virginia Beach Public Schools Education Foundation L. PLANNING 1. ApplIcatIon of TRACY REDBURN re exoanszon of a nonconformzng use to construct a garage for the one story structure at 615 Twenty-Sixth Street. DISTRICT 6 - BEACH Recommendation DENIAL 2. ApplIcatIon of KEMPSVILLE BUILDING MATERIALS, INC. re dzscontznuance. closure and abandonment of a portIon of Denn Lane on the north side of Southern Boulevard, west of Jersey Avenue, to create a consolIdated parcel of approxImately 5.5 acres. DISTRICT 2 - KEMPSVILLE RecommendatIon APPROV AL 3. Application ofRACHAEL A. SPRINGER for a Condztzonal Use Permit re a residential kennel for up to seven (7) dogs at 5544 Hatteras Road. DISTRICT 2 - KEMPSVILLE Recommendation APPROV AL 4. Application ofMOSE MAST - VIRGINIA BEACH MARBLE CO. for a Condztzonal Use Permzt re a bulk storage yard to store raw materials and finIshed marble products In Oceana West Corporate Park at 506 Viking Drive. DISTRICT 6 - BEACH Recommendation APPROV AL 5. Application of GRAND SLAM USA for a Condztzonal Use Permzt re a commercial recreational facility to operate three (3) indoor batting cages, instructional and practice facilities, glove repair and a retail business at 3636 VirgInIa Beach Boulevard, SUIte 107. DISTRICT 5 - L YNNHA VEN Recommendation APPROV AL 6. Application ofWAL-MART REAL ESTATE BUSINESS TRUST for a Condztzonal Use Permzt re a bulk storage for pallets, recyclable cardboard materials and seasonal sales area at 1149 Nimmo Parkway. DISTRICT 7 - PRINCESS ANNE Recommendation APPROV AL 7. ApplIcations of JOSEPH G. PIPER to subdivide the existing lot Into three (3) lots, wIth two (2) flag lots, at 2332 Seaboard Road re: DISTRICT 7 - PRINCESS ANNE a. Varzance to ~ 4 4(b) of the SubdIvision OrdInance b. Change ofZonzng Dzstrzct Classzficatzon/rom AG-2 Agricultural District to R-15 ResidentIal District Recommendation DENIAL 8. Application of TRITON PCS/SUNCOM for a Modzficatzon to the Green Run Land Use Plan re a wireless communication tower on the east side of Independence Boulevard, southeast of Nesbitt Dnve, within an eXIsting VIrginIa Power substation area. DISTRICT 3 - ROSE HALL Recommendation APPRO V AL 9. Ordinance to AMEND 9 5.6 of the City's Subdivision Ordinance re the width of sidewalks. Recommendation APPROV AL M. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LffiRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 24 June 2003 Mayor Meyera E Oberndorf announced an emergency sztuatzon has occurred and znvzted Don Clark, Chazrman of Sentara to brzef Czty Counczl re the status of the Board's recent actIOn to elzmznate the TRAUMA LEVEL II DESIGNATION at SENTARA VIRGINIA BEACH GENERAL HOSPITAL on Tuesday, June 24,2003, at 2 00 P M Counczl Members Present Harry E Dzezel, Vzce Mayor LoUls R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt and James L Wood Counczl Members Absent Margaret L Eure [Entered 2-15 P MJ Rzchard A Maddox [Entered 2 30 P M J Ron A Vzllanueva [Entered 2 10 PM J Rosemary Wzlson [Entered 2 10 PM J - 2- MA YOR'SCOMMENTS STATUS re SENTARA VIRGINIA BEACH GENERAL HOSPITAL TRAUMA LEVEL III DESIGNATION 2:00 P.M. ITEM # 51312 Mayor Oberndorfmtroduced Donald Clark, Chairman of the Sentara Board. to respond to concerns relative the article m the Vlrgmlan-Pllot concernzng Sentara Vlrglnza Beach General Hospztal 's Trauma Center, their Board actIOn and designatIOn bemg reducedfrom Level II to Level III effective Frzday, June 27, 2003, at 7 00 A M Mr. Clark advised on Friday, June 27, 2003, at 7:00 A.M. the designatIOn of Sentara Vlrgmza Beach General Hospital Will be changed from a Level II to a Level III Trauma Center This actIOn was unanzmously approved yesterday (Monday. June 23.2003) at the monthly meetmg of the Sentara Board of Directors This change IS due to the mabllzty to secure the approprzate number of phYSlczans to cover trauma cases m the Emergency Department An Ad Hoc Committee was appomted prIOr to thiS actIOn composed of James Crocker, Chair (formerly Managmg Partner, local office of Merrzll, Lynch), John Malbon (CEO of PAPCO), Frank Dorsey (former CEO ofHQ), Dr John Clarke (General Surgeon - Sentara Vlrglnza Beach General), Dr Thomas Scott (Internzst - Sentara Bayslde), and, Dr Richard Clark (retired Pathologist) This Committee met With the surgeons and the emergency department physlczans over a perIOd of several months This Committee conferred With two natIOnally recognzzed experts m the Trauma area and the Emergency Medical Services staff A Level II Trauma Center requzres phYSICian coverage m certam categorzes (orthopediC, general and neuro surgery) These physlczans must be available Immedzately or m-house To be classified as a Level II Trauma Center, the only requirement IS the general surgery must be available Sentara Vlrglnza Beach General Hospital has been recognzzed by the State as a Level II Trauma Center smce 1993 Sentara Norfolk General Hospital has the Level I Trauma Center designation since 1985. There are five (5) hospitals in the Commonwealth of Virginia with this designation. There IS only one (1) Level I Trauma Center in Northern Virginia. Sentara Vlrglnza Beach General Hospital IS a 274-bed hospital. dedicated to provldmg a comprehenSive array of services mcludmg open heart surgery Sentara Norfolk General and Vlrglnza Beach General Hospitals are the only facllztles m the southslde which currently prOVide these capabllztles Sentara Vlrgmza Beach General has the Coastal Cancer Center, mnovatlve technology m the area of orthopedics and neurOSCience, stroke treatment, total Jomt replacements. dzabetes center and an accredited sleep disorder centers, along With extensive communzty wellness Sentara IS committed to provldmg the best health care for thiS communzty, as well as the entire RegIOn Smce the date of the merger, which was 1998, Sentara has prOVided a total capital mvestment of almost $59-MILLION. $12-MILLION of this capital was utllzzed to purchase the land at Prmcess Anne Commons Sentara Vlrgmza Beach General's new patient tower (costmg approximately $29-MILLION) has been approved Mr Clark admonzshed City Counczl to expedite constructIOn of the Southeastern Parkway and Greenbelt to assure that Sentara Will bUild the medical facllztles already committed at Prmcess Anne Commons m the City of Vlrglnza Beach Emergency Medical Services co-ordmates With the Emergency Department physlczans to establish protocols regardmg which hospital to take a particular patient This regIOn contams the lowest medlcazd reimbursement rate of any area m the Commonwealth of Vlrgmia The mdlgent and umnsured populatIOn also affects the abllzty to retam and recruit physlczans. Sentara Health Care Will now actively assist or recruit additIOnal speCialists to the area Eight to twelve years ago there was a shortage of przmary care doctors as all the physlczans Wished to be speclalzsts Now. there IS a przmary care reSidency program establzshed at Eastern Vlrglnza Medical School (EVMS) and the cycle has shifted June 24,2003 -3- MA YOR'SCOMMENTS STATUS re SENTARA VIRGINIA BEACH GENERAL HOSPITAL TRAUMA LEVEL III DESIGNATION ITEM # 51312 (Continued) Mr Clark adVIsed that prior to the Sentara Board of D,rectors' declslOn, a detaIled Brzefing was conducted on Monday, June 23, 2003, WIth the CIty Manager, Counczlman Dlezel and Bruce Edwards, Chlef- Emergency MedIcal ServIces The Ad Hoc CommIttee also met WIth ChIef Edwards and staff to receIve comments concernmg the ambulance transportatlOn Mr Clark adVIsed Sentara WIll take on the responslbllzty of recrultmg physlczans to "th,s area" by subsidizing them whIle they buzld a medIcal practIce A longer term approach IS to establzsh a reSIdency program m orthopedIcs or anesthesiology at Eastern Vlrglnza MedIcal School (EVMS) Through experzence, young people tend to stay in the 10catlOn of theIr reSIdency program W,th the mdlgent, uninsured populatlOn, medIcaId cutback and the reductlOn m reImbursement through MedIcare, recruItment becomes difficult Mayor Oberndorf referenced approxImately twenty (20) years ago, Norfolk General HospItal refused to accept mdlgent expectant mothers from Vlrglnza Beach. The babIes must be delzvered m theIr reSIdency CIty of V, rgl nz a Beach ThIs CIty Counczl had tofinance two (2)full tIme obstetrzczansforat least three (3) years to provIde delzvery of these babIes to mdlgent mothers C,t,zens concerns can be regIstered by callmg Sentara The Mayor adVIsed the CIty'S populatlOn of cItIzens 85 years and older has grown by J 00% , only a 36% mcrease m the entIre Unzted States and a 42% mcrease in the Commonwealth of Vlrglnza Mr Clark adVIsed trauma usually mvolves an automobIle aCCIdent or a gunshot wound Mr Clark emphaSIzed the Importance of the 10catlOn of a Trauma I designated hospital existing in Hampton Roads June 24, 2003 - 4- MA YOR'SCOMMENTS 2:32 P.M. ITEM # 51313 Mayor Oberndorf expressed sympathy for the loss ofPollce Officer Rodney F Pocceschl, mortally wounded early Monday mornzng, June 23, 2003 A letter has been sent to Officer Pocceschl 's wife The Mayor spoke to Mrs Pocceschl and she vlslted her last evenzng The Mayor has transmltted the regrets and respect of the Clty Councll to Mrs Pocceschl and thelr nzne-month old son Contrzbutzons may be made in hls memory at the Virgmia Beach MUniclpal Employees Federal Credlt Union, located at 2501 Courthouse Drzve and 4164 Vlrgznla Beach Boulevard June 24,2003 -5- C IT Y A T TOR N E Y'S B R I E FIN G CONFLICT OF INTEREST ACT 2:37 P.M. ITEM # 51314 The City Attorney mtroduced Assistant City Attorney Roderzck (Rod) R Ingram, legal representative re the Freedom of InformatIOn and Conflict of Interests Act Commenczng July First, Rod will be workmg predomznatelyon City Council Issues Rod has become an expert throughout the state, authormg the sectIOn of the local government attorney's handbook on the Conflict of Interest Act and has served on a Polzcy Committee makzng the new changes to the Act (effective July First) Rod has brzefed the varIOus Boards and CommiSSIOn re the Conflict of Interest Act: Wetlands Board June 9, 2003 Planning Commission June 11,2003 Virginia Beach Development Authority June 17, 2003 Virginia Beach School Board June 17, 2003 Board of Zoning Appeals June 18, 2003 Chesapeake Bay Preservation Area Board June 23, 2003 Open Space Committee June 23, 2003 Assistant City Attorney Ingram, dlstrzbuted a summarzzatzon relative the Conflict of Interest Act in the presentform (depicted in the left column) and the revisions (depicted in the right column), as well as a copy of the legislatIOn effective July 1,2003 Said znformatzon IS hereby made a part of the record Conflict of Interests Act Polzcy Statement May led citizens to belzeve that an officzal cannot Now less sweepzng, and accurately descrzbes vote on any transactIOn which he has a personal COlA as prohlbltzng acts and reqUlrzng the znterest disclosure of economic znterests Virglma Code SectIOn 2 2-3100 Gifts Prohibits the acceptance of gifts that "reasonably Now a localzty may adopt an ordznance tends to znfluence him zn the performance of his publzc duties " To set a dollar lzmlt on the value of gifts Vlrglma Code SectIOn 2 2-3104 2 that can be accepted and Require the disclosure of any gift, whether or not It "reasonably tends to Influence" the recipient Member of a group "Member of a group" exceptIOn allows Now explzcltly states that a group consists of at partiCipatIOn after disclosure, but no defimtzon of least three members. a "group" Vlrglma Code SectIOn 22-3112(A)(2) June 24, 2003 - 6- C IT Y A T TOR N E Y'S B R I E FIN G CONFLICT OF INTEREST ACT ITEM # 51314 (Continued) Conflict of Interests Act PartlclpatlOn If an officzal has a "personal znterest zn a Now the Act explazns the prohlbltlOn transactlOn, " then he IS prohlbzted from "partlclpatzng" zn the transactlOn. Cannot attend the closed seSSlOn on the matter Vlrgznla Code SectIOn 2 2-3112(A)(1) Cannot discuss the matter with any governmental officer or employee (staff) Disclosure of Interests Must disclose their znterests zn land or buszness, Now if the disclosure IS for land, the address or but does not say how specific the disclosure must parcel number must be given be Vlrglma Code SectlOn 2 2-3115 When the znterest is zn a buszness, then the full name and address of the buszness must be prOVided Governmental Employers An offiCial has a "personal znterest" zn her Now an offiCial can have a "personal znterest" zn employer and her spouse's employer, but the Act governmental employers, which can trzgger a does not znclude governmental employers "personal znterest zn a transactIOn" that requzres abstentlOn or disclosure "Governmental agency" not a "buszness" Vlrglma Code SectlOns 2 2-3101, 3112(A) OptlOn Contracts Act does not speCifically prOVide that an optlOn Now the Act explzcltly prOVides that an optlOn contract results zn a "personal znterest" zn the contract results zn a "personal znterest" zn the property or buszness buszness or property Vlrglma Code SectlOn 2 2-3101 RepresentatlOn An officer has a "personal znterest zn a Now the Act expliCitly zncludes "provldzng transactlOn" if she "represents" an znd,v,dual or services to" an znd,v,dual or buszness, such as a buszness,' unclear what 'representation" architectural, engzneerzng or decoratzng services zn clu des Vlrglma Code SectlOn 2.2-3101 June 24,2003 - 7- C IT Y A T TOR N E Y'S B R I E FIN G CONFLICT OF INTEREST ACT ITEM # 51314 (Continued) Conflict of Interests Act Representation by Firm or Busmess No dlstmctwn between personal representatIOn Now if there IS personal representation, then the and representatIOn by a member's firm or member must abstam busmess If representatIOn IS solely by the member's firm Vlrglma Code SectIOns 2 2-3112(A)(3), 3115(H) or busmess, then the member can participate after disclosure Related Busmess Entitles The Act does not address related entitles, even if Now the Act explzcltly provides that an officzal they share the same prmclples or have a parent- with a personal mterest m a bus mess also has a subsldzary relatIOnship with a bus mess m which personal mterest m any related bus mess entity an officzal has a "personal mterest " Parent-Subsldzary - own more than 50% of Vlrglma Code SectIOn 22-3112(A)(1) votmg power Affilzated - controllmg mterest, both have controllmg owner m common, share management or control Disclosure of Wrztten Oplmons Fazlure to release a COlA adVISOry opmwn of Now the request for an adVISOry opmwn from the Commonwealth's Attorney may erode publzc Commonwealth's Attorney must be in wrztmg, confidence and the resultmg opmzon IS a pubic record that must be released upon request Vlrglma Code SectIOns 22-3121,3126(B) Not applzcable to an opmwn of the City Attorney Ethics m PubZzc Contractmg No reference m the Act to the Ethics m Public Now the Conflict of Interests Act cross-references Contractmg prOVISIOns of the Procurement Act the Ethics m Public Contractmg prOVISIOns of the Procurement Act Vlrgmza Code SectIOn 2 2-3100 The City Attorney did not beZzeve there was a prohibition, but ASSistant City Attorney Ingram Will provide InformatIOn "m wrztmg" relative appearance by a CounCil Member before any Counczl Appomted Board, I e Wetlands Board, Vlrglma Beach Development Authorzty June 24, 2003 -8- C IT Y A T TOR N E Y'S B R I E FIN G CONFLICT OF INTEREST ACT ITEM # 51314 (Continued) Relatzve an officzal wzth a "personal interest" zn hzs or her employer and the spouse's employer, now an officzal can have a "personal znterest" zn governmental employers, whzch can trzgger a "personal znterest zn a transactzon " that requzres abstentzon or dzsc/osure If one zs a School Board Member and the spouse zs a School Board employee, the member would have a personal znterest zn any transactzon z e grantzng a razse to all School Board employees. However, if one zs a member of a group, one would dzsc/ose that znterest, state membershzp of a group, and be able to partzczpate fazrly and zn the publzc znterest and then the member may vote Relatzve related business entities, as these usually znvolve land sztuatzons, the Plannzng Department can AMEND the Dzsc/osure Statement to denote znformatzon relatzve servzce provzders z e real estate agent The Czty Attorney advzsed a blanket letter can be placed on file advzszng the partzcular Counczl Member zs "an agent wzth a certazn company and wzll do (hzs/her) best zn each znstance to follow the Conflzct of Interests Act and dzsc/ose, however, because of the szze of the company, there may be situatzons of conjlzct ofwhzch the (Counczl Member) zs not aware" Asszstant Czty Attorney Ingram advzsed attorneys, zn addztzon to the Conflzct of Interests Act, are governed by a separate set of standards Those legal, ethzcal oblzgatzons mzght prohzbzt votzng on a partzcular applzcatzon June 24, 2003 -9- CITY COUNCIL'S DISCUSSION TALENT BANK APPLICATION - CITY COUNCIL APPOINTIVE AGENCIES 3:18 P.M. ITEM # 51315 Counczl Members Reba S McClanan and Rosemary Wzlson dzstrzbuted a proposed TALENT BANK APPLICA TION whzch cztzzens znterested zn City Council Appointive Agenczes may file wzth the Czty Clerk Counczl Ladzes McClanan and Wzlson conferred with Asszstant Czty Attorney Roderzck Ingram and Czty Clerk Ruth Hodges Smzth, to revzew the Resume Form The State ofVzrgznza utzZzzes a szmzlar form On page 2, relatzve relatzonshzp to a partzcular ethmc group (optIOnal, answer if you des z re), the zntent of thzs statement zs to assure proper dzverszty of the Boards and Commzsszons ' membershzp Thzs zs meant to be a posztzve addztzon to the form. Thzs statement can be zncluded, as the form does not concern employment, but rather volunteerzsm Mayor Oberndorf expressed concern re appozntment to Boards and Commzsszons that a quota mzght be estabZzshed based on the percentage of the populatIOn zn the Czty to assure a partzcular natzonaZzty zs appoznted Counczl Lady Wzlson advzsed there zs no znterest to establzsh a "quota" Assistant Czty Attorney Ingram concurred a quota system would probably not be feaszble, however, advzsed Counczl could conszder race as one of many factors in attempting to have Boards and Commzsszons reflect the populatIOn generally zn Vzrgzma Beach Counczl Lady Eure requested a comment be zncluded "In order to assure dzverszty among appozntees to Boards and Commzsszons, we ask thefollowzng" and then the statement "Your relatzonshzp to what Ethmc Group - - optIOnal, answer if your deszre - - The reason for this questIOn should be zncluded zn the appZzcatzon Counczl Lady Eure expressed concern and requested elzminatzon of Date of Birth and Place of Birth. Counczlman Reeve referenced the statement under znstructzons ((If you have any financzal or other znterest(s) that may be percezved as a "conflzct ", please zndzcate that clearly on the form or an attachment" Counczlman Reeve beZzeves the appZzcants should abzde by the same specific znterests (z eland, financzal holdings zn a company, greater than 5%) as the Czty Counczl Members must dzsclose Asszstant Czty Attorney Ingram advised he zs preparzng an ordznance at the request of Counczl Members McClanan and Wzlson to zmplement some of the recommendatIOns of the Cztzzens Commzttee on Boards and Commzsszons (Adopted February 11, 2003) AppZzcants shall be requzred to dzsclosefinanczal znterest A tzered system wzll be estabZzshed where the maJorzty of the appozntees wzll complete the Fznanczal Dzsclosure Statement "shortform ", however, certazn posztzons, such as the Development Authorzty, wzll complete the Statement of Economzc Interests "longform" and Dzsclosure of Real Estate Holdzngs Counczlman Dzezel beZzeves attendance should be emphaszzed Thzs zs not to be a resume enhancer Counczl Lady Wzlson advzsed an orzentatzon vzdeo wzll be prepared re Conflzct of Interest, attendance and allztems of znterest pertazmng to every Board and Commzsszon June 24,2003 -10 - CITY COUNCIL'S DISCUSSION TALENT BANK APPLICATION - CITY COUNCIL APPOINTIVE AGENCIES ITEM # 51315 (Continued) The CIty Clerk referenced Code SectIOn 2-3 1 "no member of any such board, commISSIOn or agency shall accumulate an annual total of more than three (3) absences, or be absent from more than one-fourth of the total number of meetmgs held by such board, commISSIOn or agency wahm a gIven calendar year, for reasons other than person Illness, the Illness or death of a relatIve, or other CIrcumstances beyond the member's control " Councilman Wood suggested the applzcatzon be placed on the CIty'S webslte (pdf format), allowmg the applzcant to complete on-lme and prmt out rather than havmg to submIt the form by so may means of commumcatzon CouncIl Lady McClanan saId the mtent of thIS applzcatzon IS to utl/zze, on a trazl baSIS, for a year and then CIty CouncIl re-evaluate BY CONSENSUS, the app/zcatzon shall be REVISED to mclude "In order to assure dIversIty among appomtees to Boards and CommIssIOns, we ask the followmg " CouncIl Lady McClanan referenced appomtments to the Vlrglma Beach Development Authonty, as a result of the new legIslatIOn CouncIl Members McClanan and W,lson proposed each CouncIl Member suggest a member and from those eleven (11) names, the Mayor and CIty CouncIl would chose four (4) members Two CouncIl Members (CouncIl Members McClanan and Wilson) have volunteered to mtervlew these prospectIve members. Counczl Members would be chosen at random for subsequent appomtments of the Development Authonty I e draw names out of a bowl, so all CouncIl Members would eventually be chosen for the mtervlew process CouncIl Members McClanan and W,lson would mform CIty Counczl of theIr mtervlews Two (2) members of the Development Authonty shall also partIcIpate m the screemng process WIth Council Members ASSIstant CIty Attorney Ingram adVIsed one member WIll be appozntedfor four (4) years, one for three (3) years, one for two (2) years and onefor one (1) year ASSIstant CIty Attorney adVIsed if a formal body IS created for a screemng process, thIS body IS subject to the Freedom of InformatIOn Act and WIll have to meet and convene mto Closed SeSSIOn to accomplIsh the purpose of interviews If only two Counczl Members conducted the screemng of Development Authonty pOSItIOns, there would be no formalItIes V,ce Mayor Jones adVIsed at the last Development Authonty meetmg, ChaIrman Robert Jones and Douglas EllIS, Member, requested a meetzng WIth V,ce Mayor Jones and CouncIl Lady Eure, CIty CouncIl's LIaISOnS, to suggest names The CIty Attorney adVIsed thIS would not be a VIOlatIOn of the COnflICt of Interests Act ASSIstant CIty Attorney Ingram WIll d,stnbute a lIst of the Ordmance changes requzred relatIve the adoptIOn of the Boards and CommISSIOns recommendatIOns June 24, 2003 - 11 - AGE N DA REV I E W S E S S ION 4:07 P.M. ITEM # 51316 J 3 ResolutIOn re procedures for conslderzng unsolicited requests from private entities re qualifyzngprojects under the Public-Private Education Facilities and InfrastructureActof2002 (PPEA); and, direct the City's Purchaszng Agent to cause these procedures be avazlable to the publlc and post same zn the City'S Purchaszng office and on the web site Councilman Villanueva referenced his suggestion for an oversight committee Patrzcza Phillips, Director of Fznance, referenced the GUldelznes for EvaluatIOn of Investment Partnerships for Economic Development adopted March 2001 S'x (6) crzterza were establlshed to evaluate publlc-przvate partnerships I e Town Center Contrzbuted to the achievement of the City'S overall goals as envIsIOned In the Comprehensive Plan A Strategy to achieve City Council's VISIOn and other planmng documents and strategies An Investment Partnership should provide jobs that will Increase per capita Income or target a sector or area of the City Important to future economic growth An Investment Partnership should create a synergy that helps attract other przvate sector development An Investment Partnership should result zn the fiscal, economic and/ or soczal benefits rather than those which would reoccur without publlc partlclpatlOn An Investment Partnership should provide a fair and reasonable return to the City's partners, commensurate with the amount of rzsk assumed The project would not proceed at all, or would not proceed at the deSired level of quallty, Hbut for" public sector involvement The last page of the pollcy references the Investment Partnership Advisory Committee. The City Counczl shall appoint members to an Investment Partnership AdvIsory Committee that will Include representatives from the Chamber of Commerce, the Vlrglma Beach School DivisIOn, the Vlrglnza Beach Development Authorzty, Counczl of C,VIC Orgamzatzons and others as deemed necessary ThIS CommIttee shall Issue an annual report to City Counczl that assesses the results of the partnerships approved by the CIty CouncIl Lady Eure requested the VIrgIma Beach Development Authorzty also reVIew these proposals June 24,2003 - 12- AGE N DA REV I E W S E S S ION ITEM # 51316 (Continued) Counczl Lady Wzlson suggested members of Vzszons be encompassed wzthm thzs Commzttee This Committee could be utzlzzedfor the overszght commzttee of the PPEA Vzce Mayor Jones belzeves thzs Commzttee should be an overszght commzttee szmzlar to an audzt commzttee Counczlman Vzllanueva concurred Counczlman Vzllanueva wzshed a member of the Mmority Busmess Counczl be a member ofthzs Commzttee Counczlman Reeve referenced addztional dzscusszon relatzve crzterza for evaluatzon of proposals Further mformatzon wzll be dzscussed durmg the Formal Sesszon Mrs Phzllzps mentzoned the last lme of the PPEA legzslatzon. lilt is the mtent of the General Assembly for the Audztor of Pubhc Accounts to perzodzcally revzew comprehenszve agreements for comphance wzth the Act " Mrs Phzllzps advzsed the Mayor the Act allows should City Counczl deczde to sohczt a proposal, wzth that sohcztatzon, the crzterza would be outlmed, the expectatzons, the terms, and mformatzon relatzve all recezvmg fazr conszderatzon. Chesapeake has done a sohczted proposal only for thezr Communzty Servzces Board buzldzng and have recezved five (5) proposals, narrowed zt down to one, wzth whzch they are currently under negotzatzon Terms were defined zn thezr process, crzterza and sohcztatzon. ITEM # 51317 K 1 Ordmances to AMEND the Czty Code. b J 2-78 re background investigations of applzcants for pubhc employment The Czty Attorney advzsed the Czty Code currently requires background znvestzgatzons vza the Vzrgznza Central Crzmmal Record Exchange for persons applymg for Czty employment or volunteer servzce for specified types of Jobs The 2003 Sesszon of the General Assembly now requzres apphcants who are offered or accept employment to also provzde personal descrzptzve mformatzon, along wzth finger prznts for submzsszon to the FBI for further background znformatzon Asszstant Czty Attorney Kathy Rountree, Pubhc Safety Attorney, advzsed what thzs change does and the new Code requzres zs that m addztion to the Crzmmal Record Check, fingerprznts have to be sent to the FBI for mvestzgatzon for all except Volunteers Volunteers wzll stzll have a Crzmmal Record Check, but wzll not be requzred to undergo the FB/fingerprznt check Unofficzally, Ms Rountree has been advzsed the FBI wzshes to have a large bank of fingerprmts The actual Auxzlzary Pohce Chaplams, etc (who carry guns) stzll wzll undergo the regular background checks of pohce officers Susan Walston, Chzef of Staff, advised the Volunteer Counczl has recommended thezr background checks be expanded There would be a hzgher level of background check of Volunteers, ifworkmg where sensztzvzty may be mvolved as access to publzc records, supervzszon of youth and zssues of confidentzally Concern was expressed relatzve the $35 fee for the crimmal background check Ms Rountree advzsed the Pohce Department has always pazd for the FBI check and wzll probably contmue There zs nothmg m the Code that mdzcates what wzll happen if the departments, rather than the mdzvidual, pay for the background checks June 24,2003 - 13- AGE N DA REV I E W S E S S ION ITEM # 51317 Mayor Oberndorf advzsed there was a lzmzt ofwhat the Czty can request of the Volunteers m havmg to pay for thzs background check The Czty Attorney advzsed he was certam the funds are forthcommg ITEM # 51318 BY CONSENSUS, the followmg shall compose the CONSENT AGENDA: RESOLUTIONS 1 Resolutzon concurrmg wzth a Revenue Bond zssuance by the Industrial Development Authority of Mathews County and the Industrial Development Authority of Northampton County and Towns: UJFT Communzty Campus, L L C Not to exceed $20,000,000 2 Resolution re Revenue Bond zssuance by the City of Virginia Beach Development Authority: LifeNet Not to exceed $21,000,000 3 Resolutzon to endorse the applicatzon for Federal Transportatzon Enhancement Funds for the Ferry Plantation House Restoration (Phase 1) 4 Resolutzon to AUTHORIZE the promulgatzon of Amendment Number 7 to the Specificatzons and Standards Manual of the Engmeermg Dzvzszon, Department of Public Works. ORDINANCES K 1 Ordmances to AMEND the Czty Code a 33 5-5 and 5-12 and REPEAL 3 5-11 re domestzc anzmals b ~ 2-78 re background investigations of applzcantsfor publzc employment c 3 7 1 re dejinztzon of a bicycle d 3 23-7 re interference wzth Czty officers In the performance ofthezr dutzes, and, ADDING 3 23-7 3 re resisting lawful arrest June 24, 2003 - 14- AGE N DA REV I E W S E S S ION ITEM # 51318 (Continued) e 9~' 21-3,21-199,21-29,21-323 1, 21-323 and 21-344 to reflect reVISIOns to the State Code re motor vehicles, farm machinery, highway signs, work area speed limits, electrical devices, reimbursement of expenses f 9 35-11 to reflect reVISIOns to the State Code re admlmstratlve collectIOn of delinquent taxes or charges 2 Ordznance to A UTHORIZE the Department of Museums and Cultural Arts to ACCEPT two (2) bronze statues, for display at the Judicial Center, from the Council of Garden Clubs of Vlrgznla Beach and the Vlrgznla Beach Child Advocacy Network (VBCAN) 3 Ordznance to A UTHORIZE temporary encroachment znto a portIOn of the City'S property at Lake Rudee zn Shadowlawn Heights by PAUL S. and DENA HIGH SAWYER to construct and mazntazn a fIXed pier, aluminum ramp, floating pier, boat lift and four (4) piles at 7 Canbbean Avenue. (DISTRICT 6 - BEA CH) 4 Ordznance to ACCEPT and APPROPRIATE $1,599,750 from the Vlrglma ComprehenSive Services Act office to the FY 2002- 03 operatzng budget of the ComprehenSive Services Act (CSA) speczal revenue fund re mandated special education and foster care services 5 Ordznance to APPROPRIATE $145,569 zn additIOnal State revenue and $128,760 of fund balance wlthzn the Sheriff's Department Speczal Revenue Fund zn the FY 2003-04 operatzng budget re compensation and purchase of additIOnal equipment. 6 Ordznance to APPROPRIATE $5,450 zn cIvil charges collected from the Wetlands and Coastal Pnmary Sand Dune ordznance VIOlatIOns to the Department of Agnculture's FY 2002-03 operatzng budget re environmental restoration and habitat enhancement projects 7 Ordznance to TRANSFER $18,000 to the FY 2002-03 Mumclpal CounCil DonatIOns account zn behalf of the Virginia Beach Public Schools Education Foundation June 24, 2003 - 15 - AGE N DA REV I E W S E S S ION ITEM # 51319 L 1. Applzcatzon of TRACY REDBURN re expansIOn of a nonconformmf! use to construct a garage for the one story structure at 615 Twenty-Szxth Street DISTRICT 6 - BEACH Counczlman Maddox advzsed the applicant has requested WITHDRA W AL. ITEM # 51320 L 2 Apphcatzon of RACHAEL A. SPRINGER for a ConditIOnal Use Permzt re a residential kennel for up to seven (7) dogs at 5544 Hatteras Road DISTRICT 2 - KEMPSVILLE Counczlman Dzezel advzsed the nezghbors support thzs apphcatzon. Counczl Lady Eure expressed concern re the petztzon whzch states. "I am aware that my nezghbors at 5544 Hatteras Road wzsh to obtam a "Condztzonal Use Permzt ", whzch would allow them to own more than the four (4) dogs Vzrgmza Beach Reszdents are currently permztted " Counczl Lady Eure would be for comfortable if the petztzon state seven (7) dogs. Counczl Lady Eure and Counczlman Schmzdt dzd not beheve they could support thzs apphcatzon Counczlman Dzezel advzsed a kennel allows the application to have a certain number of dogs. Thzs ztem shall be dzscussed durmg the Formal SessIOn ITEM # 51320 K 4 Apphcatzon of MOSE MAST - VIRGINIA BEACH MARBLE CO. for a Condztzonal Use Permzt re a bulk storage yard to store raw materzals and finzshed marble products m Oceana West Corporate Park at 506 Vzkmg Drzve DISTRICT 6 - BEACH Stephen Whzte, Plannmg, advzsed relatzve Condztzon No 3 The last sentence should be deleted as requested by the Plannmg Commzsszon 3 ConstructIOn of the bulk storage yard shall be completed wzthm 90 days ofCondztzonal Use Permzt approval The Je,1li-ba~:el'j CUI I elltly Jto, ed HI the pa, kt,tg aI ea Oil the Jtte J}~aS be, emoved y~itl~l1l 38 duy3 vi COmpletion althe bl:4lk sio, age yal d June 24,2003 -16 - AGE N DA REV I E W S E S S ION ITEM # 51321 K 5 Applzcatzon of GRAND SLAM USAfor a Condltzonal Use PermIt re a commercial recreational facility to operate three (3) indoor batting cages, instructional and practice facilities, glove repair and a retail business at 3636 Virgmza Beach Boulevard, SUIte 107 DISTRICT 5 - LYNNHA VEN Counczl Lady McClanan wIll vote NA Y relatIve thIs Item as she IS concerned relatIve the nOIse Vice Mayor Jones wIll ABSTAIN as the applzcation is adjacent to hIs funeral home property ITEM # 51322 K 7 Applicatzons of JOSEPH G. PIPER to subdIvIde the eXlstmg lot mto three (3) lots, wIth two (2) flag lots, at 2332 Seaboard Road re DISTRICT 7 - PRINCESS ANNE a Vanance to ~ 4 4(b) of the SubdIvision Ordmance b Chanf!e ofZomng Dlstnct Classlficatzon from A G-2 AgrIcultural Dlstnct to R-15 ReSIdential Dlstnct CounCIlman Reeve advised thIS Item has been requested for WITHDRA W AL. Mr WhIte adVIsed the applzcant wIshes to WITHDRA W the entIre applzcatzon and will resubmIt a new plan ITEM # 51323 BY CONSENSUS, the followmg shall compose the PLANNING BY CONSENT AGENDA: L 1 Appllcatzon of TRACY REDBURN re expanszon of a nonconformmf! use to construct a garage for the one story structure at 615 Twenty-SIxth Street DISTRICT 6 - BEACH L 2 Application of KEMPSVILLE BUILDING MATERIALS, INC. re d,scontmuance. closure and abandonment of a portzon of Denn Lane on the north sIde of Southern Boulevard, west of Jersey Avenue, to create a consolzdated parcel of approxImately 5 5 acres DISTRICT 2 - KEMPSVILLE June 24, 2003 - 17 - AGE N DA REV I E W S E S S ION ITEM # 51323 (Continued) L 4 AppIzcatzon of MOSE MAST - VIRGINIA BEACH MARBLE CO. for a Condztzonal Use Permzt re a bulk storage yard to store raw materzals and finzshed marble products m Oceana West Corporate Park at 506 Vzkmg Drzve DISTRICT 6 - BEACH L 5 Application of GRAND SLAM USAfor a Condztzonal Use Permzt re a commercial recreational facility to operate three (3) indoor batting cages, instructional and practice facilities, glove repair and a retail business at 3636 Vzrgznza Beach Boulevard, Suzte 107 DISTRICT 5 - LYNNHA VEN L 6 Applzcatzon ofW AL-MART REAL ESTATE BUSINESS TRUST for a Condztzonal Use Permzt re a bulk storage for pallets, recyclable cardboard materials and seasonal sales areas at 1149 Nzmmo Parkway DISTRICT 7 - PRINCESS ANNE L 7 AppIzcatzons of JOSEPH G. PIPER to subdzvzde the exzstmg lot mto three (3) lots, wzth two (2) flag lots, at 2332 Seaboard Road re DISTRICT 7 - PRINCESS ANNE a Varzance to 94 4(b) of the Subdzvzsion Ordmance b Chanf!e of Zoning Distrzct Classzficatzon from A G-2 Agrzcultural Dzstrzct to R-15 Residentzal Dzstrzct L 8 Applzcatzon of TRITON PCS/SUNCOM for a Modzficatzon to the Green Run Land Use Plan re a wireless communication tower on the east szde of Independence Boulevard, southeast of Nesbztt Drzve, withm an exzstmg Vzrgmia Power substatIOn area DISTRICT 3 - ROSE HALL L 9 Ordmance to AMEND 9 5 6 of the Czty's Subdzvzszon Ordmance re the width of sidewalks. Item L 1 wzll be WITHDRA WN, BY CONSENT Item L 7 wzll be WITHDRA WN, BY CONSENT Vzce Mayor Jones wzll ABSTAIN on Items L 2 (Kempsvzlle Buddmg) and L 5 (Grand Slam) Counczl Lady McClanan wzll vote NA Y on Item L 5 (Grand Slam) June 24, 2003 - 18- CITY COUNCIL LIAISON REPORTS 4:47 P.M. ITEM # 51324 Councll Members Wood and Reeve dlstrzbuted a report relatlve Police Department Training Facility Expansion Sald znformatzon lS hereby made a part of the record On June 18, 2003, the Councll Members met wlth representatlves to d,scuss the status of the slte selectzon process Wlthzn the next two weeks an znternatzonal renowned acoustics expert will be in the area around Creeds The Vlrgznla Beach Po/zce Department wlll conduct "live" tests at Creeds Utl/zZzng every weapon zn thelr znventory Therefore, a base lzne acoustlcal samplmg wlll be determmed A matrzx has been developed for conslderzng the purchase of property and another matrzx wlll be developed to determzne the financzal stabl/zty of any prlvate entlty wh,ch wlshes to provlde trammg at a non-clty owned slte Recommended sltes wlll be provlded to Clty Councz! m late November or early December Councll Members Reeve and Wood wlll brzef Clty Councll przor to the consultants returnzng wlth recommended sltes ITEM # 51325 Councll Lady W,lson referenced the proposed Performing Arts Theatre/Academy wlth the Vlrgznza Beach Clty Schools She spoke wlth a School Board Member and they were not aware of th,s Academy concept Mayor Oberndorf advlsed durmg the course of a conversatzon School Board Chalr Edwards suggested the names of School Board Members Nez! Rose and Jim DeBellls as Lzalsons to the Performing Arts Theatre/Academy However, th,s was a suggestzon and had not been d,scussed At the present tlme,funds are not avallable CouncIlman Schmldt advlsed the Vlrgznia Beach School Board's next meetzng will be July Flrst The Issue of an Academy wIll be d,scussed The Clty Manager referenced a Joznt Staff Level Commlttee, of which Dr Jenney, Superzntendent - Vlrglma Beach Clty Schools, has appointed many of h,s School representatlves as members CouncIl Members Wood and SchmIdt, Councll Llalsons, advlsed if the School Lzalsons are appoznted at thelr July Flrst School Board meetzng, Councll Members Wood and Schmldt wlll confer wlth those representatlves and advlse Clty Counczl by July 8, 2003 June 24,2003 -19 - COUNCIL COMMENTS ITEM # 51326 Councllman Vlllanueva mVlted members to attend the "Muscle Cars" (Super Tuners) showmg at the PavlllOn th,s weekend ThlS lS a major event on the West Coast Approxlmately 20,000 attendees are expected Councllman Vlllanueva wlll provlde tlckets to those advlsmg thelr need ITEM # 51327 Councll Lady McClanan commended Dr Jenney and the Vlrglma Beach School Board relatlve thelr news publzcatlOn On page 2, the Benefits Executive Committee appomted employees from several different facets, whlch mc/uded teachers, teachers' asslstants, bus drzvers, professlOnals, retlrees and admlmstratlve support ThlS lS very lmportant to addressmg the overall health care Susan Walston, Chlef of Staff, advlsed the City lS represented on th,s Benefits Executive Committee and have comparable posltlOns from Clty employees This Commlttee was created th,s Sprmg and has had one meetmg (a combmatlOn of both Clty and School employees) The Executlve Benefits Commlttee lS composed of Steve Thompson - ChlefFmanclal Officer, Fagan Stackhouse - Dlrector of Human Servlces, and Susan Walston - Chlef of Staff Then, there lS an Employee Insurance Input Commlttee conslstmg of both Clty and School employees InformatlOn relatlve th,s Commlttee appeared m The BEAM June 24,2003 - 20- ITEM # 51328 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL zn the City Council Conference Room, City Hall Buddzng, on Tuesday, June 24 2003, at 5 20 PM Council Members Present Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Absent. None June 24,2003 - 21 - ITEM # 51329 Mayor Meyera E Oberndorf entertamed a motlOn to permit City Council to conduct Its CLOSED SESSION, pursuant to SectlOn 2 1-344(A), Code of VI rgl nz a, as amended, for thefollowmg purpose PERSONNEL MA TTERS DlscusslOn, conslderatlOn or mtervlews of prospective candidates for employment, assignment, appomtment, promotlOn, performance, demotlOn, salarzes, dlsclplznzng, or reslgnatlOn of specific publzc officers, appomtees, or employees pursuant to SectlOn 2 2-3711 (A) (1) To Wit Appomtments. Boards and CommlsslOns Arts and Humanztles CommlsslOn Beaches and Waterways CommlsslOn Hampton Roads Economic Development Alliance Hampton Roads Plannzng DIStrzCt CommlSSlOn Parks and RecreatlOn CommisslOn Performmg Arts Theatre AdvIsory Committee Publzc Library Board Shore Drive AdVISOry Committee Towmg AdVISOry Board Youth Services Coordmatmg Council Annual ReView of Performance of Counczl Appomtees PUBLICLY-HELD PROPERTY D,scusslOn or conslderatlOn of the acqUlsltlOn of real property for a publzc purpose, or of the dlspositlOn of publicly-held real property, where d,scusslOn m an open meeting would adversely affect the bargammg posltlOn or negotlatmg strategy of the publzc body pursuant to SectlOn 22-3711(A)(3) Agricultural Reserve Program - Prmcess Anne District AcqulsltlOn/DlsposltlOn of Property - Bayslde District - Beach Dlstrzct - Lynnhaven District - Prmcess Anne DIStrzCt Upon motlOn by Vice Mayor Jones, seconded by CounCilman Reeve, City CounCil voted to proceed mto CLOSED SESSION. Votlng 11-0 CounCil Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LOUIS R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Counczl Members Votmg Nay. None CounCil Members Absent None (5:20 P.M. - 6:00 P.M.) June 24, 2003 - 22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 24, 2003 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the Council Chamber, City Hall BUlldmg, on Tuesday, June 24, 2003, at 6 00 P M Council Members Present Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood CounCil Members Absent. None INVOCA TION Reverend Kevm 0 'Brzen Sun of the Sea Catholzc Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Reverend 0 'Brzen memorzalzzed the deaths of two Civil servants and an 8-year old son These officers have served and protected the citizens With thelr lzves. Police Officer Rodney F Pocceschl, Clty of Vlrgmla Beach, and Vlrglnza State Trooper Anthony Campbell and hls young son (8 years old) Reverend O'Brlen prayed for the famllzes to find the strength, reassurance and courage needed to sustam through these tragic times June 24, 2003 - 23- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 51330 Upon motion by Counczlman Wood, seconded by Vzce Mayor Jones, Czty Counczl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only publzc busmess matters lawfully exempted from Open Meetmg reqUlrements by Vzrgznla law were dzscussed m Closed SessIOn to whlch thls certificatIOn resolutIOn applzes, AND, Only such public bus mess matters as were ldentified m the motIOn convenmg the Closed SessIOn were heard, dlscussed or consldered by Vlrgznla Beach Clty Counczl. Votmg' 11-0 Councll Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmldt, Ron A Vlllanueva Rosemary Wllson and James L Wood Counczl Members Votmg Nay None Councll Members Absent None June 24, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VirginIa Beach CIty CouncIl convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51329, page 21, and In accordance WIth the prOVISIons of The Virginia Freedom of Information Act, and, WHEREAS: SectIon 2 2-3711 (A) of the Code ofVIrgmIa 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 busmess matters lawfully exempted from Open MeetIng reqUIrements by VIrgInIa law were dIscussed In Closed SeSSIOn to whIch thIS certIficatIOn resolutIon applIes, and, (b) only such publIc bUSIness matters as were IdentIfied In the motIon con\'enIng thIS Closed SeSSIon were heard, dIscussed or conSIdered by VIrgInIa Beach CIty CounCIl. ~~,~- uth Hodges SmIth, MMC CIty Clerk June 24, 2003 - 24- Item V-F. 1. MINUTES ITEM # 51331 Upon motlOn by Counczl Lady Eure, seconded by Vzce Mayor Jones, Czty Counczl APPROVED the Mznutes of the INFORMAL and FORMAL SESSIONS of June 10, 2003, and the RESOURCE MANAGEMENT PLAN FISCAL YEAR 2003-04 WORKSHOPS: April 15, April24, April29, and, May 01, 2003. Votzng 11-0 Counczl Members Votzng Aye Harry E Dzezel, Margaret L. Eure, Vzce Mayor Louzs R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A. Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Voting Nay None Counczl Members Absent. None June 24,2003 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, Czty Counczl ADOPTED: - 25- ITEM # 51332 AGENDA FOR THE FORMAL SESSION June 24,2003 - 26- Item V-H.I. PUBLIC COMMENT ITEM # 51333 Steven Thompson, Chief Fmanclal Officer, advised this IS a Consolidated Vending Machine Contract, not a sponsorship Issue This IS basically an Issue of control and accountability of cashfunds created by the sale of soft drmks on pub/zc property Pnvate sector solutIOns are suggested to be app/zed to control and prOVide accountability of these funds The City has a total of thirty-sIx (36) contracts for the one hundred nmety- three (193) vendmg machmes The average sales are approximately $160 per machme This IS a cash system which IS unaudited and uncontrolled There IS an opportunity through the conso/zdatzon of these contracts to generate additIOnal funds A Committee would be appomted to serve as an administrator of an Employee Moral Recognition Fund, these entail activities that benefit employees I e Relay for Life, chanties and could also mclude offsettmg the expense of the soft drmks and a City CounCil directed project I e Performmg Arts Theatre Allocation of Marketing Revenues 10% of the gross would go to the Employee Morale Fund The remaining funds would be allocated through the budget process as follows 40% Dlstnbuted proportIOnally to all departments 30% D,v,ded among departments based on value Impact mdlcated m the property analysIs 30% Placed mto the General Fund to be approprzated by the City CounCil Mayor Oberndorf DECLARED A PUBLIC HEARING: CONSOLIDATED VENDING MACHINE CONTRACT: The followmg registered to speak. Bill Bailey, 4841 Rosecroft Street, Phone 495-0637, registered m OPPOSITION He be/zeves the employees should choose There bemg no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING June 24,2003 -27- Item V-J/K. RESOLUTIONS/ORDINANCES ITEM # 51334 Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Counczl APPROVED IN ONE MOTION Resolutions J1, 2, 4 and 5 and Ordmances K 1 a/c/e/f, 2, 3, 4, 5, 6 and 70fthe CONSENT AGENDA. V otmg 11-0 (By Consent) Council Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LouIs R Jones, Reba S McClanan, RlchardA. Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Votmg Nay None Council Members Absent None June 24, 2003 - 28- Item V-J.1. RESOLUTIONS/ORDINANCES ITEM # 51335 Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Resolutzon concurrzng wzth a Revenue Bond zssuance by the Industrial Development Authority of Mathews County and the Industrial Development Authority of Northampton County and Towns: UJFT Communzty Campus, L 1. C Not to exceed $20,000,000 V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor Louzs R Jones, Reba S McClanan, RzchardA Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24, 2003 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA, AND THE INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE UJFT COMMUNITY CAMPUS, L.L.C. WHEREAS, there has been descnbed to the CIty of VIrgInIa Beach Development Authonty (the Authonty), the plans ofUJFT CommunIty Campus, L.L C , a VIrgInIa non-stock, non-profit corporatIon (the Company) the pnncipal bUSIness address of whIch IS 5041 Corporate Woods Dnve, SUIte 150, VIrgInIa Beach, VIrgInIa 23462, for the Issuance by (a) the Industnal Development Authonty of Mathews County, VIrgInIa (the Mathews Authonty) of its revenue bond In an amount not to exceed $10,000,000 and (b) the JOInt Industnal Development Authonty of Northampton County and Towns (the Northampton Authonty) of ItS revenue bond In an amount not to exceed $10,000,000, In each Instance, to aSSIst the Company In finanCIng a campus complex to be located on an approxImately 20 acre parcel east of the Intersection of WItchduck and Grayson Roads in VIrgInIa Beach, VIrgInIa, to prOVIde facilItIes for educatIonal, SOCIal and recreatIonal actIVItIes, IncludIng an approxImately 126,000 square foot two-story buIldIng and outdoor recreatIonal faCIlItIes to be owned by the Company (the Project), and used by the TIdewater JeWIsh Foundation, the Hebrew Academy of TIdewater, JeWIsh FamIly ServIces of TIdewater, the Jewish CommunIty Center of Southampton Roads and the UnIted Jewish FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUISItIon and sIte preparatIon costs and the cost of ISSUIng the bonds; and WHEREAS, the above faCIlItIes WIll be owned by the Company and WIll be located In VIrgInIa Beach, VIrgInIa; and WHEREAS, a public hearing WIth respect to the bonds as reqUIred by VIrgInIa law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authonty on May 20, 2003, and WHEREAS, the Mathews Authonty so held a publIc heanng WIth respect to ItS bond on Apnl 29, 2003, and the JOInt Industnal Development Authonty of Northampton County and Towns so held a publIc heanng WIth respect to ItS bond on May 19, 2003, and, in each instance, adopted apprOVIng resolutions (the Authonty ResolutIons) WIth respect to the bonds on that date, and WHEREAS, the Authonty has adopted a resolutIon recommendIng that the CIty Council of the CIty of VIrgInIa Beach (the CounCIl) concur WIth the Authonty ResolutIons; and WHEREAS, SectIon 15.2-4905 of the Code of VIrgInIa of 1950, as amended (the VIrgInIa Code), prOVIdes that the CouncIl must concur WIth the adoptIon of the Authonty ResolutIons pnor to the Issuance of the bonds, and WHEREAS, the Internal Revenue Code of 1986, as amended (the Code), provIdes that the hIghest elected governmental officials of the governmental unIt havIng Junsdiction over the area In whIch any facIlIty financed wIth the proceeds of pnvate activIty bonds IS located shall approve the Issuance of such bonds; and WHEREAS, the property is located In the CIty of VirginIa Beach and the members of the CouncIl constItute the hIghest elected governmental officials of the CIty of VIrgInIa Beach; and WHEREAS, a copy of the Authonty ResolutIons, the Authonty's resolutIon and a statement in the form prescnbed by SectIon 15.2-4907 of the VIrgInIa Code have been filed wIth the CouncIl. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The Council concurs WIth the adoptIon of the Authonty Resolutions, and approves the Issuance of Its bond by the Mathews Authority and the issuance of its bond by the Northampton Authonty, In each case to the extent requIred by the Code and Section 15.2-4905 of the VIrgInIa Code. 2. The concurrence WIth the Authonty ResolutIons, and the approval of the Issuance of the bonds, as required by the Code and Section 15.2-4906 of the VIrgInia Code, does not constitute an endorsement to a prospective purchaser of the bonds of the credItworthIness of the Company and the bonds shall prOVIde that the CIty of VIrgInIa Beach shall not be oblIgated to pay the bonds or the Interest thereon or other costs inCIdent thereto and neIther the faIth or credit nor the taxing power of the Commonwealth of VirginIa or the CIty of VIrgInIa Beach shall be pledged thereto 3 This resolutIon shall take effect ImmedIately upon Its adoption. #832410 vI Adopted by the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa on the 24th day of June , 2003 ,_eo ~ '1' ,';S!. , APPROVED AS TO LEGAL SUFFICleNCY ~~~ PROJECT NAME UJFT CommunIty Campus, L.L.C Revenue Bond PROJECT LOCATION IntersectIon of WItchduck and Grayson Roads. VIrgInIa Beach, VA TYPE OF PROJECT FacIlItIes for educational, SOCIal and recreatIonal actIVItIes VIRGINIA BEACH VlIglnl<l Bedeh De\'clopment ;\ lIthOllty 222 Centrdl Park Avenue, SUite 1000 VirgInia Beach, vA 23462 (757) 437-6464 FAX (757) 499-9894 Webwe www vbgov com In Reply Refer to Our FIle No DA1553 May 20, 2003 The Honorable Meyera E Obemdorf, Mayor Members of CIty CouncIl MunICIpal Center VIrgInIa Beach, VA 23456 Re UJFT Communzty Campus, L L C, A Vzrgznza non-stock. non-profit corporatzon Industnal Development Revenue Bonds Dear Mayor Obemdorf and Members of CIty CounCIl We submIt the followIng In connectIon WIth project UJPT CommunIty Campus, L L C, a VIrgInIa non-stock, non-profit corporatIon, located at the IntersectIon of WItchduck and Grayson Roads In V uglnla Beach, V uglnla (1) EVIdence of publIcatIon of the notIce of heanng IS attached as Exhibit A, and a summary of the statements made at the publIc heanng IS attached as Exhibit B The CIty of VIrgInIa Beach Development Authonty's (the "Authonty") resolutIon recommendIng CouncIl's approval IS attached as Exhibit C (2) The DIsclosure Statement IS attached as Exhibit D (3) The statement of the Authonty's reasons for ItS approval as a benefit for the CIty of VIrgInIa Beach and ItS recommendatIon that CIty CounCIl approve the modIficatIon of the bonds descnbed above IS attached as Exhibit E. The Honorable Meyera E. Obemdorf, Mayor Members of CIty CouncIl May 20, 2003 Page 2 (4) The FIscal Impact Statement IS attached as Exhibit F (5) Attached as Exhibit G IS a summary sheet settIng forth the type of Issue, and IdentIfYIng the Project and the pnncIpals. (6) Attached as Exhibit H IS a letter from the appropnate CIty department commentIng on the ProJ ect .7 RGJ/GLF/rab Enclosures EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Vlrginlan-Pllot --------------------------------------------------+--------------------------- KAUFMAN & CANOLES, 150 W MAIN ST NORFOLK VA 23510 P C REFERENCE 10236406 1.0303367 836191.v2 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk ThlS day, D Johnson personally appeared before and after belng duly sworn, made oath that 102 I I I I I I I I I I I I I I I I I me\ I I I I I I I I I I I I I I I I I I I I I I I I I I I LINE I I 1) She is affidav1t clerk of The Virg1nian-Pilot, a newspaper published by Landmark Communications Inc in the c1tles of Norfolk, Portsmouth, Chesapeake, Suffolk, and Vlrginia Beach, Common- wealth of Virgin1a and in the state of North Carollna 2)That the advertlsement hereto annexed has been published in sald newspaper on the date stated PUBLISHED ON 05/06 05/13 TOTAL COST: FILED ON AD SPACE _ r,UTlCE OF PUBLIC HEARING TO BE HELD BY T r t elTl OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS Notice IS hereby given that the City of Virginia Bea h D ,L L C ~u~o;lty (the Virginia Beach Authonty), whose add~ss ~;~~~C~~\ral a bl ~E'nue SUite 1000, Virginia Beach, VIrginia 23462 will hold a rUL dC eavnng on the plan of finanCing of UJFT Community Campus a Irglnla non stock, non profit corporation (th C I ~rlnclPal bUSiness address of which IS 5041 Corpora~e ~~6;~~' the I ~~~~t;I~? D~~:!~~~~~~c:ut~~~;~I~?~:~~:~~~~n~s~~r~~~I~~t~~I~~~ at ews Authonty) of ItS revenue bond In an amount not to exceed N$lrtOhOOO ODD, and (b) the JOint Industnal Development Authonty of o ampton County and Towns (the Northam t A h enue bond In an amount not to exceed $10 ogo030o\00~~il~: ~~~ rev Company In finanCing a campus complex to be located on an a roxI mat~y 20 acre parcel east of the Intersection of Wltchduck ang~ray son oads In Virginia Beach, Virginia, and near the Virginia Beach Fre Will Baptist Church, to provide facllrtles for educational social and re e reatlonal activities, irIcludlng an approximately 126 000 square foot c ~wo-story bUilding and outdoor recreational faCllrtles to be owned by the thomJa~y (the Project) and used by the Tidewater Jewish Foundation Ie; th~ ~~:I~~ag~~~~,~d~:~:er, {e;lsh Family Services of Tldewa- United Jewish Federation of Tld:~~er o~~~mPton Roads and the af/so finance land acqUiSItion and site prepa!:t~~~~;t~f ~~~ ?~~~~s~11I o IssUIng the bonds The publrc hearing h h adjourned, will be held at 8 30 a m on M:y ~O,~~O~ ~~~:~~~~ ~~r gs'n1ta B1eOOacoh AuthOrity at ItS offices located at 222 Central Park Avenue ! UI e Virginia Beach Virginia 23462 A the Issuance of the bonds Should appear and ;~ ~~~~~n ~terested In who IS disabled and will reqUire an accommodation In orde~~6e~s~I~1 ~~~ ~~~~e pUblrc hearing may call the Virginia Beach Authonty ~t Please place such call at least three (3) days In advance of t~edmeetlng and publrc hearing The bonds will not constitute a debt I or p e ge of the faith and credIt of the Commonwealth f V ~nyt~OIr~I;aICSUbdIVlslon thereof, Including the Virginia ~ea~~g~r:h~~lty el er e ommonwealth of Virginia nor any pofltlcal SUbdiVISion ~~er~~f ~ncludlng the Virginia Beach AuthOrity, shall be obligated to e y tef onds, or the Interest thereon or other costs inCident thereto t~;~~lt~~~dt~~e~~~~~~~~ea~dx~~~~;~'~~~~~ ~~~e~~n:~~I~~~~r ' fin;; n~r any political subdiVISion thereof including the Vlrglrlla Beach o~ S~~;l\~~~~~~~~~~~~~t~h,~:~~te~~e~~t~e principal of or Interest VP Ma- 6 2003 Cd/TYT OF VIRGINIA BEACH DEV~LOPMENT A.UTHORITY _~_ an uesday May 13 20'13 10303357 \ ------------------+--------------------------- (1'1- sion expires January 31, 2004 ExhIbit B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF UJFT COMMUNITY CAMPUS, L.L C. NotIce IS hereby gIven that the CIty of VIrgInIa Beach Development Authonty (the VIrgInia Beach Authority), whose address IS 222 Central Park Avenue, SUIte 1000, VIrginIa Beach, VIrgInIa 23462, WIll hold a publIc heanng on the plan of financIng ofUJFT CommunIty Campus, L L C, a VIrgInIa non-stock, non-profit corporatIon (the Company), the pnncIpal bUSIness address of whIch IS 5041 Corporate Woods Dnve, SUIte 150, VIrgInIa Beach, VIrgInIa 23462, for the Issuance by (a) the Industnal Development Authonty of Mathews County, VIrgInia (the Mathews Authonty) of ItS revenue bond In an amount not to exceed $10,000,000, and (b) the Joint Industnal Development Authority of Northampton County and Towns (the Northampton Authonty) of ItS revenue bond in an amount not to exceed $10,000,000 to aSSIst the Company In financIng a campus complex to be located on an approxImately 20 acre parcel east of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa, and near VIrgInIa Beach Free WIll BaptIst Church, to provIde faCIlItIes for educatIonal, socIal and recreatIonal actIVItIes, IncludIng an approxImately 126,000 square foot two-story bUIldIng and outdoor recreatIonal facIlItIes to be owned by the Company (the ProJect), and used by the Tidewater Jewish FoundatIon, the Hebrew Academy of TIdewater, JewIsh FamIly ServIces of TIdewater, the JewIsh CommunIty Center of Southampton Roads and the UnIted JewIsh FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUIsItIon and SIte preparatIon costs and the cost of ISSUIng the bonds. The public heanng, whIch may be contInued or adjourned, WIll be held at 8.30 a.m. on May 20, 2003, before the VIrgInIa Beach Authonty at its offices located at 222 Central Park Avenue, SUIte 1000, VIrgInIa Beach, VIrgInIa 23462. Any person Interested In the Issuance of the bonds should appear and be heard Any person who IS dIsabled and WIll reqUIre an accommodatIon In order to partIcipate In the publIc heanng may call the VIrgInIa Beach Authonty at 437-6464. Please place such call at least three (3) days In advance of the meetIng and publIc heanng The bonds WIll not constItute a debt or pledge of the faIth and credIt of the Commonwealth of VIrginIa or any polItIcal subdIVIsIon thereof, IncludIng the VIrgInIa Beach Authonty. NeIther the Commonwealth of VIrgInIa nor any polItIcal subdIVIsIon thereof, IncludIng the VIrgInIa Beach Authonty, shall be oblIgated to pay the bonds, or the Interest thereon, or other costs InCIdent thereto, except from the revenues and monIeS pledged therefor, and neIther the faIth and credIt nor the taXIng power of the Commonwealth of VIrgInIa nor any polItical subdIVIsIon thereof, Including the VIrgInIa Beach Authonty, WIll be pledged to the payment of the pnncIpal of or Interest on such bonds or other costs InCIdent thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be published in The Vir!!inian Pilot on Tuesday~ May 6~ 2003~ and Tuesday~ May 13~ 2003 ExhIbIt C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (UJFT COMMUNITY CAMPUS, L.L.C. REVENUE BOND) At 8:30 a m. on May 20, 2003, the ChaIrman of the CIty of VIrgInIa Beach Development Authonty (the "Authonty") announced the commencement of a publIc heanng on the request of UJFT CommunIty Campus, L L.C., a VIrgInIa non-stock corporatIon ("UJFT"), and that a notIce of publIc heanng was publIshed once a week for two consecutIve weeks In The VIrgInIan-PIlot, the second publIcatIon beIng not less than SIX (6) days nor more than twenty-one (21) days pnor to the heanng. The ChaIrman indIcated that a copy of the notIce and a certIficate of publIcatIon of such notIce have been or WIll be filed WIth the records of the Authonty and WIll be provIded to the Clerk of the City CouncIl of the CIty of VIrgInIa Beach. The follOWIng IndIvidual appeared and addressed the Authonty Mr. George Consolvo appeared on behalf of UJFT. Mr. Consolvo descnbed the revenue bond of UJFT whIch IS utIlIzed to finance the constructIon of a campus complex to be located on an approxImately 20 acre parcel east of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa, to prOVIde facIlItIes for educatIonal, SOCIal and recreational actIvItIes, IncludIng an approxImately 126,000 square foot two-story buildIng and outdoor recreatIonal faCIlItIes to be owned by the UJFT, and used by the TIdewater JeWIsh FoundatIon, the Hebrew Academy of TIdewater, JeWIsh FamIly ServIces of TIdewater, the JeWIsh Community Center of Southampton Roads and the UnIted JeWIsh FederatIon of Tidewater Mr Consolvo further added that it IS necessary under federal and VIrgInIa law that the Authonty hold a publIc heanng and that the Issuance of the Bonds by the Industnal Development Authonty of Mathews County, VIrgInIa, and the JOInt Industnal Development Authonty of Northampton County and Towns be approved by the City CouncIl of the CIty of VIrgInIa Beach. Mr. Consalvo closed hIS remarks by notIng that the presence of the campus complex WIll enhance educatIonal, SOCIal and recreatIonal actIVItIes In VIrgInIa Beach. No other persons appeared to address the Authonty and the ChaIrman closed the pubhc heanng The Authonty then adopted a resolutIon (a) recommendIng that the CouncIl of the CIty of VIrgInia Beach approve the Issuance of the Bonds In an amount up to $20,000,000, (b) dIrectIng the transmISSIon of a Fiscal Impact Statement WIth respect to the Bonds to the CouncIl of the CIty of VirgInIa Beach and (c) requestIng that its recommendatIon be receIved at the next regular or specIal meetIng at whIch thIS matter can be properly placed on the CounCIl's agenda for heanng. #836199 v2 ExhIbIt D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been descnbed to the CIty of VIrginIa Beach Development Authonty (the Authonty), the plans of UJFT CommunIty Campus, L.L.C., a VIrgInia non-stock, non-profit corporatIon (the Company) the pnncIpal bUSIness address of whIch IS 5041 Corporate Woods Dnve, Suite 150, VIrgInIa Beach, VirgInIa 23462, for the Issuance by (a) the Industnal Development Authority of Mathews County, VirginIa (the Mathews Authonty) of Its revenue bond in an amount not to exceed $10,000,000 and (b) the Joint Industrial Development Authority of Northampton County and Towns (the Northampton Authonty) of ItS revenue bond In an amount not to exceed $10,000,000, In each Instance, to aSSIst the Company In finanCIng a campus complex to be located on an approxImately 20 acre parcel east of the IntersectIon of WItchduck and Grayson Roads In VIrginIa Beach, VIrgInIa, to prOVIde facIlItIes for educatIonal, SOCIal and recreatIonal actIVIties, IncludIng an approximately 126,000 square foot two-story buIlding and outdoor recreatIonal facIlItIes to be owned by the Company (the ProJect), and used by the TIdewater Jewish FoundatIon, the Hebrew Academy of TIdewater, Jewish Family ServIces of TIdewater, the JewIsh CommunIty Center of Southampton Roads and the United JewIsh FederatIon of TIdewater. The proceeds of the bonds WIll also finance land acqUISItion and SIte preparation costs and the cost of ISSUIng the bonds; and WHEREAS, the above faCIlItIes wIll be owned by the Company and WIll be located In VIrgInIa Beach, VirgInIa; and WHEREAS, a publIc hearing WIth respect to the bonds as requIred by VIrgInIa law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on May 20, 2003; WHEREAS, the Mathews Authonty so held a publIc heanng WIth respect to ItS bond on April 29, 2003, and the JOInt Industnal Development Authonty of Northampton County and Towns so held a public heanng WIth respect to Its bond on May 19, 2003, and, In each Instance, adopted apprOVIng resolutions (the Authority Resolutions) WIth respect to the bonds on that date, and WHEREAS, the Company has elected to proceed WIth a plan of finance pursuant to whIch the bonds WIll be pnvately placed with a group of banks led by Bank of Amenca, N A. (the Lender), for ItS own account and for Investment purposes, and WHEREAS, the Company In ItS appearance before the Authonty has descnbed the debt service cost savings relating to the Issuance of the bonds as qualIfied tax-exempt oblIgatIons WIthIn the meanIng of 9265(b )(3) of the Code and the SOCIal, educatIonal, recreatIonal and other benefits to the CIty of VIrgInIa Beach to be denved [rom the Issuance of the bonds to finance the ProJect, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY. 1. It IS hereby found and determIned that the Issuance of the bonds wIll benefit the InhabItants of the CIty of VIrgInIa Beach and promote theIr safety, health, welfare, convenIence and prosperity. 2 To assist the Company, the Authority hereby recommends that the CIty CouncIl of the CIty of VIrgInIa Beach, VIrginIa (the CouncIl), concur wIth the ApprovIng ResolutIons, the forms of whIch have been presented at thIS meetIng, as requIred by 915.2-4905 of the Code of VirgInIa of 1950, as amended (the VIrginIa Code), and hereby dIrects the Chairman or Vice ChaIrman of the Authonty to submIt to the CouncIl the statement in the form prescnbed by 915.2-4907 of the VirgInIa Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authonty pursuant to 915.2-4906 of the VirgInIa Code, and a copy of thIS resolutIon. 3. All costs and expenses In connectIon with the financing plan shall be paid from the proceeds of the bonds to the extent permItted by law or from funds of the Company and the Authority shall have no responsibilIty therefor. 4. All acts of the officers of the Authority which are In conformIty WIth the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 5 ThIS resolutIon shall take effect Immediately upon its adoption. The underSIgned hereby certIfies that the above resolutIOn was duly adopted by a roll call vote of the commISSIoners of the CIty of VIrgInIa Beach Development Authonty at a meetIng duly called and held on May 20, 2003, and that such resolutIon IS In full force and effect on the date hereof. Dated: \'f\c-,,- ~ ~L 0 \ , 2003 ~ \\~~'~~~'~~~~~~ment Authon ty #832409 v2 2 ExhIbIt E DISCLOSURE STATEMENT Date. May 20, 2003 ApplIcant's Name(s). UJFT Community Campus, L.L.C. All Owners (If dIfferent from applIcant): N/A Type of Application: RezonIng. From To CondItIonal Use PermIt: Street Closure. SubdIVISIon Vanance. Other. Revenue Bonds issued through the Industrial Development Authority of Mathews County, Virginia, and the Joint Industrial Development Authority of Northampton County and Towns ****************************************************************************** The following is to be completed by or for the Applicant: 1. If the applIcant IS a CORPORATION, lIst all the officers of the CorporatIon See attached schedule. 2 If the applIcant IS a PARTNERSHIP, FIRM or other UnIncorporated OrganIzatIon, lIst all members or partners In the organIzatIon. N/ A The follOWIng IS to be completed by or for the Owner (If dIfferent from the applIcant) 1 If the Owner IS a CORPORATION, lIst all the officers of the CorporatIon: N/A 2 If the Owner IS a PARTNERSHIP, FIRM or other UnIncorporated OrganIzatIon, lIst all members or partners In the organIzatIon: N/ A UJFT~UNITY CAMPUS, L.L.C. /~ Hi:, t:t! { ,~--- Its: , JC-CIt.&7i1P'r BOARD OF DIRECTORS AND OFFICERS OF UJFT COMMUNITY CAMPUS. L.L C. Robert o. Copeland, Manager Robert H J osephberg, Manager Ron Kramer, Manager PhIlIp S. Rovner, Secretary TIdewater JewIsh FoundatIon, Inc. - SIngle Member #836180 vI Schedule to DIsclosure Statement VIRGINIA BEACH VllglIlld Beach Development <\uthonty 222 Central Park Avenue, SuIte 1000 VlrglOla Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webslte www vbgov com I EXHIB IT F CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BONDS (UJFT COMMUNITY CAMPUS, L.L.C.) The Authonty recommends approval of the captIoned financIngs. The financlngs WIll benefit the cItIzens of the CIty of VIrgInIa Beach, VIrgInIa, by prOVIdIng Improved educatIonal SOCIal and recreatIonal facIlItIes whIch promotes the health and welfare of the CIty'S cItIzens. ,EXHIBIT G FISCAL IMP ACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersIgned applIcant, m order to pernut the CIty of V rrgmm Beach Development Authonty subnnssIOn of the followmg mformatIOn m complIance WIth SeCTIon 152-4907 of the Code ofVrrg1Illa of 1950, as amended, states Name of applIcant UJFT Commuruty Campus, L L C FacIlIty Located m Vrrg1Illa Beach, Vrrg1Illa Maxrmum amount of fmancmg sought $20,000,000 2 Estunated taxable value of faCIlIty's real property to be constructed m the localIty 23,000,000 3 Estunated real property tax per year usmg present tax rates -0- 4 Estunated personal property tax per year usmg present tax rates -0- 5 Estlmated merchant's capItal tax per year usmg present tax rates -0- 6 a Estlmated dollar value per year of goods that WIll be purchased from V rrg1Illa compames WIthm the localIty 300,000 b Estlmated dollar value per year of goods that WIll be purchased from non- V rrg1Illa compames WIthm the localIty 100,000 c Estunated dollar value per year of servIces that WIll be purchased from V rrg1Illa compames WIthm the localIty 100,000 d Estunated dollar value per year of servIces that WIll be purchased from non- V rrg1Illa compames WIthm the localIty -0- 7 Estunated number of regular employees on year round baSIS 120 8 Average annual salary per employee 20,750 Dated May 20, 2003 UJFT COMMUNITY CAMPUS, L L C (; ........')1.A.- Authonzed RepresentatIve CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By #836179 vI EXHIBIT H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA, AND JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS UJFT COMMUNITY CAMPUS, L L C. REVENUE BONDS 1. UJFT COMMUNITY CAMPUS, L L C. PROJECT NAME. 2. LOCATION. WItchduck and Grayson Roads V IrgInIa Beach, V A 3. FaCIlItIes for educational, SOCIal and recreatIonal actIvIties DESCRIPTION OF PROJECT: 4. $20,000,000 AMOUNT OF BOND ISSUE: 5 See attached lIst of officers and dtrectors PRINCIPALS. 6 ZONING CLASSIFICATION a Present zonIng classIficatIon of the Property b. Is rezoning proposed: Yes No~ c If so, to what zonIng classIficatIon? N/ A BOARD OF DIRECTORS AND OFFICERS OF UJFT COMMUNITY CAMPUS. L L C Robert 0 Copeland, Manager Robert H J osephberg, Manager Ron Kramer, Manager PhIlIp S Rovner, Secretary TIdewater JewIsh FoundatIon, Inc. - SIngle Member #836182 vI Schedule to Summary Sheet VIRGINIA BEff~CH Vlrglllla Beach Development Authonty 222 Centlal Park Avenue, SUite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webslte www vbgov com EXHIBIT I May 20, 2003 Mr. Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: UJFT Community Campus, L.L.C. Industrial Development Revenue Bonds Dear Bob: It is the finding of the Department of Economic Development that the proposed purchase of an approxImately 20 acre parcel located east of the intersection of Witchduck and Grayson Roads in Virginia Beach to construct an approximately 126,000 sq. ft. two-story building and outdoor recreational facilities will be in the public's best interest and benefit the citizens of Virginia Beach. This proposed project will increase annual employment, stimulate the local economy, increase the tax base, and prOVIde educational, social and recreational facilities that WIll promote the health and welfare of the City's citizens I will be happy to answer any questions you may have. S incerel y, -~O-,~ Mark R. Wawner Proj ect Development Manager MRW:lls . t EXHIBIT J RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS WHEREAS, there has been descnbed to the Industnal Development Authonty of Northampton County and Towns (the Authonty) the plans of the UJFT CommunIty Campus, L.L.C (the Company) for the Issuance of the Authonty's revenue bond (the Bond) In an amount not to exceed $10,000,000; and WHEREAS, the Company has elected to proceed wIth a plan of finance pursuant to which the Bond WIll be pnvately placed wIth a group of banks lead by Bank of Amenca, N A (the Lender), for Its own account and for Investment purposes, and WHEREAS, the Company In Its appearance before the Authonty has descnbed the debt servIce cost savIngs relatIng to the Issuance of the Bond as a "qualIfied tax-exempt oblIgatIon" wIthIn the meanIng of SectIon 265(b )(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Company IS a corporatIon descnbed In SectIon 501(c)(3) of the Code whIch IS not organIzed and operated exclUSIvely for relIgIOUS purposes and whIch IS exempt from federal Income taxatIon pursuant to SectIon 501(a) of the Code; and WHEREAS, the Company In ItS appearance before the Authonty has descnbed the educatIonal, health, recreatIonal and other benefits to the CIty of VIrgInIa Beach (the CIty) and the Commonwealth of VIrgInIa to be denved from the Issuance of the Bond and has requested the Authonty to agree to Issue the Bond under the Industnal Development and Revenue Bond Act, Chapter 49, TItle 15.2, Code of VIrgInIa of 1950, as amended (the Act), to aSSIst the Company In permanently finanCIng a campus complex to be located on an approxImately 20 acre parcel east of the IntersectIon of WItchduck and Grayson Roads In VIrgInIa Beach, VIrgInIa, to prOVIde faCIlItIes for educatIonal, SOCIal and recreatIonal actIVItIes, IncludIng an approxImately 126,000 square foot two-story buIldIng and outdoor recreatIonal facIlItIes to be owned by the Company (the "ProJect"), and used by the TIdewater JeWIsh FoundatIon, the Hebrew Academy of TIdewater, JeWIsh FamIly ServIces of TIdewater, the JeWIsh CommunIty Center of Southampton Roads and the UnIted JeWIsh FederatIon of TIdewater; and WHEREAS, the proceeds of the bond WIll also finance land acqUISItIon and SIte preparatIon costs and the cost of ISSUIng the bond, and WHEREAS, a publIc hearIng has been held by the Authonty as requIred by the Act and SectIon 147(f) of the Code on the date hereof; WHEREAS, there have been presented to thIS meetIng the forms of the follOWIng documents and Instruments whIch the Authonty proposes to execute to carry out the transactIons descnbed above: (a) Bond Purchase and FInanCIng Agreement (the Bond Purchase Agreement), dated as of June 1, 2003, among the Authonty, the Company and the Lender, together WIth the Company's promISSOry note (the Note) payable to the Authonty, and (b) The Authonty's $10,000,000 Revenue Bond (UJFT CommunIty Campus ProJect) Senes 2003 (the Bond), In regIstered form, and payable and beanng Interest as set forth thereIn BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY AND TOWNS: 1. It IS hereby found and determIned that the plan of finance descnbed above IS In accordance wIth the purposes of the Act and WIll benefit the InhabItants of Northampton County, V IrgInIa, and the Commonwealth of VIrgInIa and promote theIr safety, health, educatIon and welfare 2. To aSSIst the Company In such plan of finance, the Authonty hereby agrees to undertake the Issuance of the Bond. As the Company and the Lender have not finalIzed the term and rate of Interest on the Bond, the ChaIrman or VIce ChaIrman of the Authonty IS hereby authonzed to approve such matters; prOVIded that the term of the Bond shall not exceed twenty-five (25) years and the InItIal rate of Interest on the Bond, whIch WIll bear Interest at a vanable rate, shall not exceed SIX percent (6%) per annum 3 Concurrently WIth the Issuance of the Bond, the ChaIrman or VIce ChaIrman of the Authonty IS hereby authonzed and dIrected to execute and to delIver the Bond Purchase Agreement to the other partIes thereto 4. Subject to the lImItatIons set forth In paragraph 2 hereof, the ChaIrman or VIce ChaIrman of the Authonty IS hereby authonzed and dIrected to execute, the Secretary or ASSIstant Secretary IS authonzed and dIrected to affix and attest the seal of the Authonty, and eIther IS authonzed and dIrected to delIver the Bond to the Lender upon the terms prOVIded In the Bond Purchase Agreement; provided, however, that delIvery of the Bond shall not occur (a) untIl the Bond has been approved by the Board of SupervIsors of Northampton County, VIrgInIa (the Board), (b) untIl the CIty ofVugInIa Beach Development Authonty has conducted a publIc heanng In accordance WIth the Act and the Code WIth respect to the Bond and (c) untIl the CIty CouncIl of the CIty of VIrgInIa Beach by resolutIon (the Concumng ResolutIon) concurs WIth the adoptIon of thIS resolutIon In accordance WIth the Act. All terms of the Bond are by thIS reference thereto Incorporated hereIn as a part of thIS resolutIon 5. The ChaIrman or VIce ChaIrman of the Authority IS hereby authonzed and dIrected to execute and delIver to the Lender an aSSIgnment of the Note and of the nghts of the Authonty under the Bond Purchase Agreement (except for the reserved nghts set forth thereIn) 6. The Bond Purchase Agreement, the Note and the Bond shall be In substantIally the forms presented at thIS meetIng whIch are hereby approved, WIth such completIons, omISSIons, InsertIons and changes as may be approved by the ChaIrman or V Ice ChaIrman of the Authonty, hIS executIon to constItute conclUSIve eVIdence of hIS approval of any such omISSIons, InsertIons and changes. 2 7 The officers of the Authonty are hereby authonzed and dIrected to execute and delIver all certIficates and instruments, IncludIng Internal Revenue Service Form 8038, and to take all such further actIon as they may consIder necessary or deSIrable In connectIon WIth the Issuance and sale of the Bond and the undertakIng of the plan of finance descnbed hereIn 8 The Authonty hereby agrees to the recommendatIon of the Company that Kaufman & Canoles, P.C., Norfolk, VIrgInIa, be appoInted as bond counsel and hereby appOInts such firm to supervIse the proceedIngs and approve the Issuance of the Bond The Authonty hereby further appOInts McGUIre Woods LLP as the Authonty's counsel to approve the Issuance of the Bond. 9 All costs and expenses In connectIon with the finanCIng, IncludIng the Authonty's admInIstratIve fees, the fees and expenses of bond counsel, counsel for the Authonty and counsel for the Lender, shall be paId from the proceeds of the Bond or from funds of the Company. If for any reason the Bond IS not Issued, It IS understood that all such fees and expenses (other than the Authonty's admInIstratIve fee whIch IS payable only If the Bond IS Issued) shall be paId by the Company and that the Authonty shall have no responsIbIlIty therefor 10. In adoptIng thIS resolutIon, the Authonty Intends to eVIdence "officIal Intent" WIthIn the meanIng of Treasury RegulatIons SectIon 1 150-2. The Authonty, IncludIng ItS dIrectors, officers, employees, agents and counsel, shall not be lIable and hereby dIsclaIms all lIabIlIty to any person for any damages, dIrect or consequentIal, resultIng from the Authonty's faIlure to Issue the Bond or for any other reason, and the Company shall agree to IndemnIfy and hold harmless the Authonty and ItS dIrectors, officers, employees, agents and counsel from and agaInst all lIabIlItIes, claIms, penaltIes, losses, costs and expenses In any way connected WIth the Project or the Issuance of the Bond 11. The Authonty hereby deSIgnates the Bond a "qualIfied tax-exempt oblIgatIon" WIthIn the meanIng of SectIon 265(b )(3) of the Code for calendar year 2003 12. The Authonty's officers shall perform such other acts and adopt such further resolutIons as may be requIred to Implement ItS undertakIngs as hereInabove set forth 13. The Authonty hereby recommends that the Board approve the Issuance of the Bond and hereby dIrects the ChaIrman or VIce ChaIrman to submIt to the Board the statement In the form prescnbed by SectIon 15 2-4907 of the Act, to prOVIde to the Board a reasonably detaIled summary of the comments expressed at the publIc hearIng requIred by SectIon 15 2-4906 of the Act, and to prOVIde a copy of thIS resolutIon and, upon ItS receIpt, a copy of the Concumng ResolutIon 14. NeIther the Authonty nor the County have endorsed the credItworthIness of the Company or the abIlIty of the Company to repay the Note and any purchaser of the Bond shall agree to purchase the Bond at theIr sole nsk and that no representatIons of any kInd have been made to the Lender by eIther the Authonty or the County 15. ThIS resolutIon shall take effect ImmedIately upon ItS adoptIon. 3 '" . The undersIgned hereby certIfies that the above resolutIon was duly adopted by roll call vote by a maJonty of the dIrectors of the Industnal Development Authonty of Northampton County and Towns, at a meetIng duly called and held on May 19, 2003, and that such resolutIon IS In full force and effect on the date hereof Dated. j11A if /1 , 2003 tflgo~ Se tary, Industnal Development Authonty of Northampton County and Towns #838314vl 4 EXHIBIT K RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA WHEREAS, there has been described to the Industrial Development Authority of Mathews County, Virginia (the Authority), the plans of the UJFT Community Campus, L.L.C. (the Company) for the issuance of the Authority's revenue bond (the Bond) in an amount not to exceed $10,000,000; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with a group of banks lead by Bank of America, N.A. (the Lender), for its own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relatIng to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the Code which is not organized and operated exclusively for religious purposes and which is exempt from federal income taxation pursuant to Section 501(a) of the Code; and WHEREAS, the Company in its appearance before the Authority has described the educational, health, recreational and other benefits to the City of Virginia Beach (the City) and the Commonwealth of Virginia to be derived from the issuance of the Bond and has requested the Authority to agree to Issue the Bond under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act), to assist the Company in permanently finanCIng a campus complex to be located on an approximately 20 acre parcel east of the Intersection of Witchduck and Grayson Roads in Virginia Beach, Virginia, to prOVIde facilities for educational, social and recreatIonal activIties, including an approximately 126,000 square foot two-story building and outdoor recreational facilities to be owned by the Company (the "Project"), and used by the Tidewater Jewish Foundation, the Hebrew Academy of Tidewater, Jewish Family ServIces of Tidewater, the Jewish Community Center of Southampton Roads and the United Jewish Federation of Tidewater; and WHEREAS, the proceeds of the bond will also finance land acquisition and site preparation costs and the cost of issuing the bond; and WHEREAS, a public hearing has been held by the Authority as required by the Act and Section 147(f) of the Code on the date hereof; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: (a) Bond Purchase and Financing Agreement (the Bond Purchase Agreement), dated as of June I, 2003, among the Authority, the Company and the Lender, together with the Company's promissory note (the Note) payable to the Authority; and (b) The Authority's $10,000,000 Revenue Bond (UJFT Community Campus Project) Series 2003 (the Bond), in registered form, and payable and bearing interest as set forth thereIn. BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA: I. It is hereby found and determined that the plan of finance described above is in accordance with the purposes of the Act and will benefit the inhabitants of Mathews County, Virginia, and the Commonwealth of Virginia and promote their safety, health, education and welfare. 2. To assist the Company in such plan of finance, the Authority hereby agrees to undertake the issuance of the Bond. As the Company and the Lender have not finalized the term and rate of interest on the Bond, the Chairman or Vice Chairman of the Authority is hereby authorized to approve such matters; provided that the term of the Bond shall not exceed twenty-five (25) years and the initial rate of interest on the Bond, which will bear interest at a variable rate, shall not exceed six percent (6%) per annum. 3 Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and to deliver the Bond Purchase Agreement to the other parties thereto. 4. Subject to the limitations set forth in paragraph 2 hereof, the Chairman or VIce Chairman of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Bond Purchase Agreement; provided, however, that delivery of the Bond shall not occur (a) until the Bond has been approved by the Board of Supervisors of Mathews County, Virginia (the Board), (b) until the City of Virginia Beach Development Authority has conducted a public hearing in accordance with the Act and the Code with respect to the Bond and (c) until the City Council of the City of Virginia Beach by resolutIon (the Concurring Resolution) concurs with the adoption of this resolution in accordance with the Act. All terms of the Bond are by this reference thereto incorporated herein as a part of this resolution. 5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and deliver to the Lender an assignment of the Note and of the rights of the Authority under the Bond Purchase Agreement (except for the reserved rights set forth therein). 6. The Bond Purchase Agreement, the Note and the Bond shall be in substantially the forms presented at thIS meeting which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or Vice Chairman of the Authority, his 2 execution to constitute conclusive evidence of his approval of any such omissions, insertions and changes. 7. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Internal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the undertaking of the plan of finance described herein. 8. The Authority hereby agrees to the recommendation of the Company that Kaufman & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bond. The Authority hereby further appoints McGuire Woods LLP as the Authority's counsel to approve the issuance of the Bond. 9. All costs and expenses in connection with the financing, including the Authority's administrative fees, the fees and expenses of bond counsel, counsel for the Authority and counsel for the Lender, shall be paid from the proceeds of the Bond or from funds of the Company. If for any reason the Bond is not issued, it is understood that all such fees and expenses (other than the Authority's administrative fee which is payable only if the Bond is issued) shall be paid by the Company and that the Authority shall have no responsibility therefor. 10. In adopting this resolution, the Authority intends to evidence "official intent" within the meaning of Treasury Regulations Section 1.150-2. The Authority, including its directors, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's failure to issue the Bond or for any other reason, and the Company shall agree to indemnify and hold harmless the Authority and its directors, officers, employees, agents and counsel from and against all liabilities, claims, penaltIes, losses, costs and expenses in any way connected with the Project or the issuance of the Bond. 11. The Authority hereby designates the Bond a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2003. 12. The Authority's officers shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 13. The Authority hereby recommends that the Board approve the issuance of the Bond and hereby directs the Chairman or Vice Chairman to submit to the Board the statement in the form prescribed by Section 15.2-4907 of the Act, to provide to the Board a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act, and to provide a copy of this resolution and, upon its receipt, a copy of the Concurring Resolution 14. Neither the Authority nor the County have endorsed the creditworthiness of the Company or the ability of the Company to repay the Note and any purchaser of the Bond shall agree to purchase the Bond at their sole risk and that no representatIons of any kInd have been made to the Lender by either the Authority or the County. 3 15. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by roll call vote by a majority of the directors of the Industrial Development Authority of Mathews County, Virginia, at a meeting duly called and held on April 29, 2003, and that such resolution is in full force and effect on the date hereof. Dated: . /IA' 11~ 'I , 2003 -- , Secr ry, Industrial Development Authority of Mathews County, Virginia #832407 v2 4 - 29- Item V-J.2. RESOLUTIONS/ORDINANCES ITEM # 51336 Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Resolutzon re Revenue Bond zssuance by the City of Virginia Beach Development Authority: LifeNet Not to exceed $21,000,000 V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24, 2003 LOCATION MAP Applicant: LifeNet, a Virginia non-stock corporation Project: Construction and equipping of tissue bank facllity and office building, and purchase of the property at the southeast quadrant of the ~ntersection of Princess Anne Road and Concert Drive, virginia Beach, Virg~nia consisting of 15.82 acres. Bonds: Not to exceed $21,000,000 revenue bonds RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR LIFENET WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provIdes that the hIghest elected governmental officIals of the governmental unIts haVIng JunsdIctIon over the Issue of private actIVIty bonds and over the area In whIch any faCIlIty financed WIth the proceeds of pnvate actIVIty bonds IS located shall approve the Issuance of such bonds; and WHEREAS, the CIty of VirgInIa Beach Development Authonty (the "Authonty") Issues ItS bonds on behalf of the CIty of VIrgInIa Beach, VIrgInIa (the "CIty") and the members of the CIty CouncIl of the CIty (the "CouncIl") constitute the hIghest elected governmental offiCIals of the CIty; and WHEREAS, SectIon 15.2-4906 of the Code of VIrgInia of 1950, as amended (the "VIrginIa Code"), prOVIdes that the Council shall WIthin 60 calendar days from the date of the public hearing WIth respect to industrial development revenue bonds eIther approve or dIsapprove the Issuance of such bonds; and WHEREAS, the City of VirginIa Beach Development Authonty (the "Authonty') held a publIc hearIng on May 20, 2003 WIth respect to the applIcatIon of LIfeNet (the "Company") for the Issuance of the Authonty's Industnal Development Revenue Bonds In an amount not to exceed $21,000,000.00 (the "Bonds") to assist the Company In finanCIng (A) the acqUISItIon of an approxImately 15.82 acre tract of land at the eastern end of a 22.39 acre tract and a five-year optIon to purchase the addItIonal 6.57 acres, all located In the southeast quadrant of the IntersectIon of Pnncess Anne Road and Concert Dnve, VIrgInIa Beach, VIrgInIa, (B) the development, constructIon and eqUIppIng on the Property of an organ procurement and tissue processIng facIlIty containIng approxImately 40,000:i: square feet and an office and admInIstratIon facIlIty contaInIng approxImately 58,000:i: square feet, and (C) the costs of Issuance of the Bonds (collectIvely, the "Project"), and WHEREAS, follOWIng the publIc heanng held May 20, 2003, the Authonty approved the Issuance of the Bonds In an amount not to exceed $21,000,000 for the benefit of the Company to finance the ProJ ect; and WHEREAS, the AuthOrIty has favorably conSIdered the Company's applIcatIon and a copy of the Authonty's resolutIon apprOVIng the Issuance of the Bonds, subject to terms to be agreed on, a reasonably detaIled summary of the comments expressed at the publIc hearIng WIth respect to the Bonds and a statement In the form preSCrIbed by SectIon 15.2-4907 of the VIrgInia Code have been filed WIth the CouncIl, together WIth the Authonty's recommendatIon that the CouncIl approve the Issuance of the Bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made In the preambles to this Resolution are hereby adopted as a part of this ResolutIon 2 The CIty CounCIl approves the Issuance of the Bonds by the AuthOrIty to aSSIst In the finanCIng of the Project for the benefit of the Company to the extent of and as required by SectIon 147(f)(2) of the Tax Code and SectIon 15.2-4906 of the VIrgInIa Code. The approval of the Issuance of the Bonds, as requIred by SectIon 147(f)(2) of the Tax Code and SectIon 15.2- 4906 of the VIrgInIa Code, does not constItute an endorsement of the Bonds or the credItworthIness of the Company, but, as requIred by SectIon 15.2-4909 of the VIrgInIa Code, the Bonds shall prOVIde that neIther the CIty nor the AuthOrIty shall be oblIgated to pay the 2 Bonds or the Interest thereon or other costs InCIdent thereto except from the revenues and monIes pledged therefor and neIther the faIth, credIt nor taxIng power of the Commonwealth of VIrgInIa, the CIty or the AuthorIty shall be pledged thereto. 3 In adoptIng thIS ResolutIon, the CIty, IncludIng Its elected representatIves, officers, employees and agents, shall not be lIable and hereby dISclaIms all lIabIlIty for any damages to any person, dIrect or consequentIal, resultIng from the Authonty's faIlure to Issue the Bonds for any reason. 4 This ResolutIon shall take effect ImmedIately on ItS adoptIon. Adopted by a quorum of the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa, on June 24, 2003. #397692 vI - ResolutIOn-CIty Counctl-LlfeNet APPROVED AS TO LEGAl SUFFICIENCY ~~~ 6-/.3-0:> ~ 3 VIRGINIA BEACH VII gIn 1.1 Be.1dl Development ;\ lIthOJ Ity 222 Central Park Avenue, SUIte 1000 Virginia Beach vA 23462 (757) 437-6464 FAX (757) 499-9894 Web\lte www vbgO\' com In Reply Refer to Our FIle No DA1552 May 20, 2003 The Honorable Meyera E Oberndorf. Mayor Members of CIty CounCIl MunICIpal Center V IrgInIa Beach, VA 23456 Re. LifeNet, a Virginia non-profit, non-stock and non-member corporatlon Industnal Development Revenue Bonds Dear Mayor Obemdorf and Members of CIty CounCIl. We submIt the followIng In connection WIth project LIfeNet, a VIrgInIa non-profit, non- stock and non-member corporation, located at the Intersection of Pnncess Anne Road and Concert Dnve In VIrgInIa Beach, VIrgInIa (1) EVIdence of publIcation of the notice of heanng IS attached as Exhibit A, and a summary of the statements made at the publIc heanng IS attached as Exhibit B The CIty of VIrgInIa Beach Development Authonty's (the "Authonty") resolution recommendIng CouncIl's approval IS attached as Exhibit C (2) The DIsclosure Statement IS attached as Exhibit D (3) The statement of the Authonty's reasons for Its approval as a benefit for the CIty of VIrgInIa Beach and ItS recommendation that CIty CouncIl approve the modIficatIon of the bonds descnbed above IS attached as Exhibit E. (4) The FIscal Impact Statement IS attached as Exhibit F The Honorable Meyera E Obemdorf, Mayor Members of CIty Councll May 20, 2003 Page 2 (5) Attached as Exhibit G IS a summary sheet settIng forth the type of Issue, and IdentIfYIng the Project and the pnncIpals (6) Attached as Exhibit H IS a letter from the appropnate CIty department commentIng on the ProJ ect --- RGJ/GLF/rab Enclosures EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Vlrglnian-Pilot --------------------------------------------------+--------------------------- WILLIAMS, MULLENS, CLARK, DOBB ONE COLUMBUS CENTER FRAN HILDRETH VA BEACH VA 23462 REFERENCE 10250043 10304922 392304v1 NOTICE OF PUBLIC HEA State of Vlrginia City of Norfolk ThlS day, D. Johnson personally appeared before and after being duly sworn, made oath that 1) She is affidavlt clerk of The Virginian-Pllot, a newspaper published by Landmark Communications Ine , ln the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virglnla Beach, Common- wealth of Virginla and in the state of North Carolina 2)That the advertisement hereto annexed has been publlshed ln sald newspaper on the date stated PUBLISHED ON 05/06 OS/13 AD SPACE 72 ~":~5-<~~;itki~>:''-;~~-7'{-:'~ -.~ "~~~~-,;gzi '~;<,~ -" ': :: ':>pl'i ;"'~;clo;; :HtAlr.flG';"'.~':~2~...~-,.': ., I _ ON PROP-OSEDJIMNUEoBOND F1NANCJNG'.onHE . , ,'CITY .oF:VIRGJNIAJltACH DEVELORMtNTAUTHORm' Notice IS hereby gJVen that the Crty. sf -Vl/'g1/l18 .Beaoh .Development Authority (~he t:Al.lthorjty:~h,wbo,~eJlddress~~~~ Central Rark;A.venue,: SUite 1000, .Wg'mla .BeachfVlfiJllla,WJIII hold II publio iheanng at B '30 I a m on Tuesday, May'20, <!003, on the apphcatlon and plan offmanc ; 109 'Of IJfeN~t, whose Principal place of bUsiness Is-located at ..5809' Ward Oourti'.\'lrglnla Beaall, '\lA,' 23455 (the ~Companfj, fot the ISSU Bnce of the AuJhorJty'~,Rev.e"ue !ikiods,(;BllnaS....J>jlursuant to Chapter 643 of the .Acts ~f AssBlJlbry-ef 1964,' as ,am_ended and supplemented by the Indust,rtat -Del{~ ReveJ1\1e' Bond Act, Title 152,: C"apter 49'ofthe Cotta'll >19J5P,'~s amended (the "Act"), In, an amount 'JlQL1G .exched' tQOO, t\) 8S$1$t .the -Company In: fman~,"g {A) the.BcaUl51. ~Q~"lOf~J1."8PprCI)1$t~JY '15.J'l2,.,acre~tr<lctof' lan(l at.the<ea$~Jn~Ii~.Qf~,2f,a~1lw.:~ .~nd.a fjy~e~r option to~ puroha~e thEl;1lddlt!prilht!.61.'eCrl!S;iBl!<l ~ hi tl\e.6o\ltheast quad-, {ant of the ~~rsectjo,n"Qf'1:!rJno.tiss:All/i~oad ancj 'CQrlcel1 'DrlVe VIr,' gl~ia ~eseh;;; Irgu'\I~"' ~S6 ,(the ~~perW''<i;. {B).it:J:llhdev.elopment, c~Jna<S! 9~~f~n,;orgat1~rocutement ' an ' 019-00 square j\llPPfQj'lm<lWly ds1coU{!c tKlt 'Pledge IfjQ!:', . r IAla aeach~,VJfgihla;'ofthe . ~$I$lY:4{oJj,-~enUeS.:tlerlVed'lrorn the ComP8ny,lno,> ~ ose J'~venlJeso 'f~y persons tnterested In the Issual1,oEt~f .<ttJe; >Of- th@,19cB!lon -or nature io1.'thfl ,prjlposed ProJect'maYllppeer and'behearo,- A coPy of the Comp,al'/y's appllca tlOn>ls~Jlle a~cj IS open fD!,1nspeotJM et'the-Alrthonty'S office dur !fig bU$lnes$ hc:>urs ~c ,~ ,"'~' , ,- ,,' .cITV!1F"WIUilI vr~ on the day and year January 31, 2004 Exhiblt A NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notlce IS hereby gIven that the City of VugInIa Beach Development Authonty (the "Authonty"), whose address IS 222 Central Park Avenue, SUIte 1 000, VIrgInia Beach, VIrgInIa, WIll hold a publIc heanng at 8 30 a.m. on Tuesday, May 20, 2003, on the apphcatlon and plan of finanCIng of LIfeNet, whose prinCIpal place of bUSIness IS located at 5809 Ward Court, VugInIa Beach, VA 23455 (the "Company"), for the Issuance of the Authority's Revenue Bonds ("Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industnal Development and Revenue Bond Act, TItle 15 2, Chapter 49 of the Code of VIrgInIa of 1950, as amended (the "Act"), In an amount not to exceed $21,000,000 to assist the Company In finanCIng (A) the acquIsItion of an approximately 15 82 acre tract of land at the eastern end of a 22 39 acre tract and a five-year option to purchase the addItIonal 6.57 acres, all located In the southeast quadrant of the IntersectIon of Pnncess Anne Road and Concert Dnve, VIrgInIa Beach, VugInIa 23456 (the "Property"), (B) the development, constructIon and equIpping on the Property of an organ procurement and tissue processIng faCIlIty contaInIng approxImately 40,000 square feet and an office and admInistratIon faCIlIty contaInIng approxImately 58,000 square feet and (C) the costs of Issuance of the Bonds (collectIvely, the "ProJect"). As requIred by the Act, the Bonds WIll not pledge the credIt or taXIng power of the CIty of VIrgInIa Beach, VIrgInIa, or the Authonty, but will be payable solely from revenues denved from the Company and pledges of those revenues. Any persons interested In the issuance of the Bonds or the locatlon or nature of the proposed Project may appear and be heard. A copy of the Company's applIcatIon IS on file and is open for InspectIon at the Authonty's office dUrIng business hours CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 600850062/#392304 vI - NotIce ofPubhc Heallng-LlfeNet EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON MAY 20, 2003 (LifeNet Project) The ChaIr of the CIty of VIrgInIa Beach Development Authonty (the "Authonty") announced the commencement of a publIc heanng on the request of LIfeNet (the "Borrower"), and that a NotIce of the Heanng was publIshed once a week for two consecutIve weeks In The Vlrglnlan-Pzlot, a newspaper haVIng general cIrculatIon In the CIty of VIrgInIa Beach, VIrgInIa. Such publIc heanng was notlced for May 20,2003. Such publIc heanng was held not less than SIX days and not more than 21 days after the second notIce appeared In The Virginian-Pilot. A copy of the NotIce and CertIficate of PublIcatIon of such notIce have been filed WIth the records of the CIty CounCIl of the Clty ofVlfgInIa Beach. The follOWIng IndIVIduals appeared and addressed the Authonty at such publIc heanng. C. Gngsby SCIfres, an attorney WIth WIlliams Mullen, appeared on behalf of the Borrower. Mr. SCIfres gave a bnef descnptIon of the proposed financIng and explaIned that the proposed Issuance of bonds (the "Bonds") would be used to aSSIst the Borrower In finanCIng (A) the acqUISItIon of an approxlmately 15.82 acre tract of land at the eastern end of a 22.39 acre tract and a five-year optIon to purchase the addItIonal 6.57 acres, all located In the southeast quadrant of the intersectIon of Pnncess Anne Road and Concert Dnve, VIrgInIa Beach, VIrginIa 23456 (the "Property"), (B) the development, constructIon and equippIng on the Property of an organ procurement and tissue proceSSIng faCIlIty contaIning approxImately 40,000:1: square feet and an office and adminIstration facIhty containIng approxImately 58,000:1: square feet, and (C) the costs of Issuance of the Bonds (collectively, the "ProJect"). Mr. Scifres outlined certaIn benefits Inuring to the CIty and its CItIzens, including retaInIng LIfeNet In the CIty, prOVIding for the grOWIng demand for tIssue and organ transplants, construction of a new facIhty, Increased employment and increased spendIng in the CIty. In addItIon, Mr. SCIfres further noted that all necessary zoning permits and approvals have been obtaIned. Raymond T. St. John and Pat Thompson from LlfeNet also appeared and made brief comments further hIghlIghtIng the pOInts made by Mr. SCIfres, as outlIned above, and answered speCIfic questIons raIsed by members of the Authonty. Mr. Gary L Fentress, ASSIstant CIty Attorney and counsel to the Authonty, also appeared and made bnef comments further hIghlIghtIng the pOInts made by Mr SCIfres, as outlIned above. No other persons appeared to address the Authonty, and the Chair closed the publIc heanng The Authonty hereby recommends that the CIty CounCIl of the CIty of VIrgInIa Beach, VIrgInIa approve the Issuance of up to $21,000,000 of vanable rate demand revenue bonds In support of the proposed finanCIng and hereby transmIts the FIscal Impact Statement to the CIty Councll of the CIty of VIrgInIa Beach and asks that thIS recommendatIon be receIved at ItS next regular meetIng at whIch this matter can be properly placed on the CounCIl's agenda for heanng #397677 vI - Record ofPubhc Heanng-LlfeNet \ ExhibIt C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, LIfeNet, a VugInia non-profit, non-stock and non-member corporation (the "Company"), which IS exempt from federal Income taxatIon as a chantable organizatIon pursuant to SectIon 501(c)(3) of the Internal Revenue Code of 1986, as amended, has applIed to the City of VIrgInIa Beach Development Authonty (the "Authonty") for aSSIstance In financing (A) the acquIsItIon of an approxImately 15 82 acre tract of land at the eastern end of a 22 39 acre tract and a five-year option to purchase the addItional 6.57 acres, all located in the southeast quadrant of the Intersectlon of Pnncess Anne Road and Concert Drive, VIrginIa Beach, VIrginia 23456 (the "Property"), (B) the development, construction and equIpping on the Property of an organ procurement and tissue processing facIlity containIng approximately 40,000+/- square feet and an office and admInistration facIlity containing approxImately 58,000+/- square feet and (C) the costs of Issuance of the revenue bonds (collectIvely, the "Project"); and WHEREAS, the Company, In Its app licatlon, dISCUSSIons and appearance before the Authonty has descnbed the benefits of the Pro] ect to the CIty of VIrginIa Beach, VIrgInia ("City") and the Authority, and WHEREAS, the Company has requested the Authonty to agree to Issue ItS Industnal development revenue bonds In the amount now estImated at $21,000,000 00 (the "Bonds") to finance the costs of Pro] ect; and WHEREAS, the Authonty IS empowered to issue and sell bonds, lend the proceeds of such bonds, and acquue, own, lease, and dispose of propertIes, and IS vested WIth all powers necessary to enable It to accomplIsh Its purposes, whIch purposes and powers are 1 enumerated In Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, TItle 15 2, Chapter 49 of the Code of VIrgInIa of 1950, as amended (the "Act"); and WHEREAS, a publIc heanng WIth respect to the ProJ ect and the Issuance of the Bonds has been held on May 20, 2003, as requIred by SectIon 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and by Section 15 2-4906 of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The Authonty finds that (1) the development, construction, eqUIppIng and operation of the Project will Increase annual employment, stimulate the local economy and increase the tax base, (11) providing financing for the Project will be In the pubhc interest and will benefit the Inhabitants of the City and the Commonwealth of VIrgInia and (Iii) the issuance of the Bonds WIll be consistent WIth the purposes of the Act and the powers of the Authonty. 2. To aSSIst the Company WIth respect to the Project, the Authonty agrees to undertake the Issuance of the Bonds ill an amount not to exceed $21,000,000.00 on terms and condItIons to be mutually agreed on between the Authority and the Company. The proceeds from the sale of the Bonds WIll be loaned to the Company pursuant to a loan agreement and related documents whIch WIll prOVIde payments to the Authonty suffiCIent to pay the principal of and premIum, if any, and Interest on the Bonds and to pay all other expenses in connectIon WIth the maintenance of the Project The Bonds WIll be Issued In form and pursuant to terms to be set by the Authonty, and the payment of the Bonds shall be secured by, among other collateral, an aSSIgnment, for the benefit of the holders of the Bonds, of the Authonty's nghts to payments under such loan agreement and will be addItIonally secured by a deed of trust on the ProJ ect 2 3. It haVIng been represented to the Authority that It IS necessary to proceed ImmedIately with the development, construction and equlppmg of the ProJect, the Authority hereby agrees that the Company may proceed with plans for the ProJect, enter Into contracts for development, constructIOn and eqUIppIng and take such other steps as it may deem appropnate In connectlon thereWIth, provIded that nothing hereIn shall be deemed to authonze the Company to obligate the Authonty WIthout Its consent ill each Instance to the payment of any monies or the performance of any acts In connectIon WIth the ProJect. The Authority further agrees that the Company may be reimbursed from the proceeds of the Bonds for all lawful costs so Incurred by it pnor to the adoption of these resolutIons. 4 The Authority hereby agrees to the recommendatIOn of the Company that WillIams Mullen, a profeSSIonal corporatIon, VirgInia Beach, VirgIlia, be appointed as bond counsel and hereby appOInts such firm to supervIse the proceedIngs and approve the issuance of the Bonds. 5. The Authonty hereby agrees, if requested, to accept the recommendatIon of the Company WIth respect to the appOIntment of a placement agent or underwnter for the sale of the Bonds and a remarketIng agent for the remarketIng of the Bonds pursuant to terms to be mutually agreed on 6 All lawful costs and expenses In connectIon with the finanCIng and the development, constructIon and eqUIppIng of the ProJect, includIng the fees and expenses of the Authority, counsel for the Authonty, bond counsel, the placement agent or underwriter for the sale of the Bonds, the trustee for the Trust Indenture, any letter of credIt issuer, counsel for any letter of credIt Issuer, and the remarketlng agent for the remarketIng of the Bonds, shall be patd from the proceeds of the Bonds or by the Company If for any reason such Bonds are not Issued, or such Bonds are Issued but It IS determIned that a part or all of such costs are not lawfully payable out of Bond proceeds, it 3 IS understood that all such expenses shall be paid by the Company and that the Authonty shall have no responsIbIlIty therefore. 7 In adoptIng tills Resolution, the Authority intends to declare "officIal intent" toward the Issuance of the Bonds wIthIn the mearung of regulations Issued by the Internal Revenue ServIce pursuant to SectIons 103 and 141-150 of the Code, Including SectIon 1.150-2 of such regulatIons. 8 The Authonty hereby recommends that the CIty Council for the CIty approve the Issuance of the Bonds and hereby directs the ChaIr or VIce-ChaIr to submit to the CIty CouncIl for the City the statement In the form prescnbed by SectIon 15 2-4907 of the Act, a reasonably detalled summary of the comments expressed at the public hearing required by Sectlon 15 2-4906 of the Act, and a copy of thIS Resolution. 9. ThIs Resolution will take effect immediately on ItS adoption. The undersIgned hereby certifies that the above Resolution was duly adopted by the Comnllss10ners of the City of VIrginia Beach Development Authonty at a meeting duly called at whIch a quorum was present and actIng throughout on May 20,2003, and that such Resolution is in full force and effect on the date hereof. Date" \'\~~---.\ ~LO \. , 2003 C;Z~~~ \\'-'c) ,C.>';:,^, '1.'1:. Secretary, City ofVlr~ - Development Authonty #393558 vI - ResolutlOn-Authonty-officlal mtent 4 Bxhl bIt D DISCLOSURE STATEMENT Date: April 28, 2003 Applicant. LIF ENE T All Owners (If dIfferent from ApplIcant): NONE Tvpe of ApplIcatIon. $20,300,000 Industnal Development Revenue Bonds to aSSIst ApplIcant In financIng (A) the acquIsItion of an approxImately 15.82 acre tract of land and a five year optIon on the remainIng 6.57 acres, all located In the southeast quadrant of the IntersectIon of Pnncess Anne Road and Concert Drive, VIrginia Beach, VIrgInIa 23456 (the "Property"), and (B) the construction and equIpping of a tissue bank processIng faCIlIty and an office buIldIng on the Property containIng at least 29,000 square feet (collectively, the "ProJect"). 1. The ApplIcant IS a non-profit, non-stock VIrgInIa corporation whIch has a detemllnatlon letter from the Internal Revenue ServIce granting it chantable organization status under Section 501(c)(3) of the Internal Revenue Code. See attached Exhibit A for the lIst of the officers and Board of Directors. 2. The ApplIcant IS the owner of the ProJect. LIFENET, a Virginia non-profit, non-stock corporatIon By . St. John, Secretary 60085 03562 #392298 vI - DIsclosure Stmt-Llfenet OFFICERS. RIchard L. Hurwitz, MD Raymond T St. John BOARD OF DIRECTORS: Richard L HUrwItz, MD Gerald M Bowers John Herre, MD Ann Lange 660085 0062 #392298 vI - Dlsclosure Stmt-Llfenet EXHIBIT A Officers and Board of Directors Chairman Secretary - 2 - VIRGINIA BEla~CH EXHIBIT E VIIg1l11d Beach Development AuthOllty 222 Central Park Avenue, SUite 1000 VllgmJa Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webslte www vbgov com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VARIABLE RATE DEMAND REVENUE BONDS (LIFENET PROJECT), SERIES 2003 The CIty of VIrgInIa Beach Development authonty recommends approval of the above- referenced finanCIng The benefits of the Proj ect to the CIty Include retentIon, and further development and expanSIon, of an organ procurement and tIssue transplantatIon busIness prOVIdIng a much needed servIce to IndIvIduals and health care prOVIders throughout the Commonwealth of VIrgInIa, Increased employment in the CIty of VIrgInIa Beach and Increased purchases of goods, servIces and equIpment. ExhIbIt F nSCALIMPACTSTATEMENT DATE TO. CITY COUNCIL OF THE CITY OF VIRGINIA BEACH APPLICANT LIFENET TYPE OF FACILITY: Organ procurement/tIssue procesSIng/office and admInIstratIve 1. MaXImum amount of financIng sought' 2 EstImated taxable value of the facIlIty's real property to be constructed In the munIcIpalIty: 3 EstImated real property tax per year USIng present tax rates. 4 EstImated personal property tax per year USIng present tax rates. 5, EstImated merchant's capItal (bUSIness lIcense) tax per year USIng present tax rates: 6 (a) EstImated dollar value per year of goods that WIll be purchased from VIrgInIa companies wIthIn the localIty. (b) EstImated dollar value per year of good that w1l1 be purchased from non-VIrgInIa companIes wIthIn the localIty: (c) EstImated dollar value per year of servIces that WIll be purchased from VIrgInIa companIes wIthIn the localIty. (d) EstImated dollar value per year of servIces that WIll purchased from non-VIrgInIa companIes wIthIn the localIty: 7 EstImated number of regular Employees on year round basIs. 8 . Average annual salary per employee: $ 2LOOO.000 $ 16.000.000 $ 195.200 $ 0 $ 0 $ 3.512.000 $ 4.390.000 $ 786.000 $ 25.383.000 388 $ 43.703 The InformatIon contaIned in thIS Statement IS based solely on facts and estImates provIded by the ApplIcant, and the Authonty has made no Independent InvestIgatIon WIth respect thereto CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY #393563 vI - FIscal Impact Statement - LlfeNet =-;zj)~ By- -T~ /Ch~J ~~ -----...... , ExhIbIt G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME LIFENET 2 LOCATION. Southeast comer of intersectIon of Concert Drive and Pnncess Anne Road. 3. DESCRIPTION OF PROJECT: Developing, constructIng and equIppIng 40,000 :f: square feet organ procurement and tissue processIng facil1ty and 58,000 ::f: square feet office and admInIstration bUIldIng. 4. AMOUNT OF BOND ISSUE: Not to exceed $21,000,000 5. PRINCIPALS: No owners: non-stock, non-member, VIrgInIa corporation. 501 (c )(3) organIzatIon. Officers and dIrectors are: RIchard L. HUlWitz, MD, ChaIrman Raymond T S1. John, Secretary RIchard L. HUlWItz, MD, Board Member Gerald M Bowers, Board Member John Herre, MD, Board Member Ann Lange, Board Member 6. ZONING CLASSIFICATION: a. Present zonIng claSSIficatIon of the Property. CondItIonal I-I b Is rezoning proposed? Yes No x c If so, to what zoning claSSIficatIon? Note. Property rezoned recently from R-5D to ConditIonal I-I (light Industnal) NOTE: THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND PAPER #393564 vI - Summary Sheet - LlfeNet VIRGINIA BEACH EXHIBIT H Virgmia Beach Development AuthOllty 222 Central Park Avenue, SUIte 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Webnte www vbgov com May 20, 2003 Mr. Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park Avenue, SUIte 1000 Virginia Beach, VA 23462 Re: LifeNet Industrial Development Revenue Bonds Dear Bob: It is the finding of the Department of Economic Development that the proposed purchase of 15.82 acres located in the southeast quadrant of the intersection of Princess Anne Road and Concert Dnve to construct (1) a 40,000 sq. ft. organ procurement and tissue processing facility; and (2) a 58,000 sq. ft. office and admInistration facility will be in the public's best interest and benefit the citizens of Virginia Beach. This proposed project will increase annual employment, stimulate the local economy, increase the tax base, and provide a valuable service to the citizenry in the processing and distribution of tissues and organs for transplant, thereby meeting the public purpose test. I will be happy to answer any questions you may have. SIncerely, . \\\C\,~ Mark R. Wawner Project Development Manager MRW.lls - 30- Item V-J.3. RESOLUTIONS/ORDINANCES ITEM # 51336 Upon motlOn by Counczlman Reeve, seconded by Counczl Lady Wilson, City Council ADOPTED: ResolutlOn re procedures for considermg unsolzclted requests from private entities re qualifymg projects under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA), and, direct the City'S Purchasmg Agent to cause these procedures be available to the publzc and post same m the City'S Purchasmg office and on the web site The Investment PartnershiP Advisory Committee shallfunctlOn With respect to PPEA as it was wrztten and orzgmally ADOPTED March 13, 2001 The Pollcy re GUidelmes for EvaluatlOn of Investment PartnershiP for EconomiC Development The proposals would be reviewed by City Counczl, Virgima Beach Development Authorzty and the staff, however, the Investment PartnershiP Advisory Committee would serve as an oversight committee, reviewmg the project "after the fact" Votmg 10-1 CounCil Members Votmg Aye Harry E Diezel, Margaret L Eure, Vice Mayor LoUiS R Jones, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Counczl Members Votmg Nay Reba S McClanan Counczl Members Absent None Vice Mayor Jones had ABSTAINED on this item June 3, 2003, however that CONFLICT is no longer valid and he is able to vote on this issue. June 24,2003 1 2 3 4 5 6 7 8 9 10 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 11 Infrastructure Act of 2002 ("Act") has the potential, in certain 12 cases, to provide for the construction of public facilities more 13 quickly and at a lower cost; and 14 WHEREAS, for the City Council to be able to consider 15 unsolicited proposals from private entities for approval of 16 qualifying projects under the Act, procedures must be established 17 that permit the City to comply with the provisions of the Act. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1 . That, as required by Virginia Code ~ 56-575.16, the 21 City Council hereby adopts the "City of Virginia Beach Procedures 22 Regarding Requests Made Pursuant to the Public-Private Education 23 Facilities and Infrastructure Act of 2002," attached as Exhibit A, 24 as the procedures that will be followed in considering all 25 unsolicited requests from private entities for approval of 26 qualifying projects under the Act. 27 2 . That the City's Purchasing Agent is hereby directed 28 to make these procedures publicly available, WhlCh shall include 29 posting them in Purchasing Division offices and on the City's 30 website. 31 Adopted by the Council of the City of Virginia Beach, 32 Virglnia on the 24th day of June, 2003. CA-8885 ORDIN\NONCODE\PPEARes.wpd June 17, 2003 R3 APPROVED AS TO CONTENTS: QJ-veJ(.( {10ul~ Finance Department J APPROVED AS TO LEGAL SUFFICIENCY: ~.[ ~~fC City Attorn~s Offi~ 2 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 June 24, 2003 Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures Table of Contents I. IntroductIon............... ........ .......... ...... ..... ....... ............. ................. ...... ...p. 3 II. General PrOVISIons .... ..... ..... ...... ............ .................. ...... .... ...... ...... ...p. 3 A. Proposals ................... ...... ..... ... ... ... . .... ...... ... ...... ..... ... ... .. p. 3 B. Affected Local JunsdIctIons . ..... .... ................................ ......... ... .....p. 4 C. VIrgInIa Freedom of InformatIon Act........... ...... .... ................ ..... ......p. 4 D. Use of PublIc Funds .... .......... ..... ..... . .... ................ ............... ........ ..p. 5 E. ApplIcabIlity of Other Laws... ..... ..... ...................... .................... ........p 5 III. SoliCIted BIdJProposals. .......... .......... ..... ..... ... ........... .................... ..... ..p 5 IV. 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. 7 F. Format for SubmissIons at the Detailed Stage...... ... ........... ..... ....... ..p. 12 V. Proposal EvaluatIon and SelectIon Cnteria ..................... ........... .. ... ........ .p. 13 A. QualIficatIons and Expenence ..... ... ....... ................. .... ... ... ............p. 13 B. Project Characteristics ......... ................................ .................. ........ ... ..p. 14 C. Project FInanCIng ...... ... ......... ......... ... ................................ ... ...... ... ..p. 14 D. Project Benefit and CompatIbility.... ...................... ............ ............. ... p. 15 VI. ComprehensIve Agreement.... ............ ... ........ ................................... ........p. 16 VII. Governing PrOVISIons .... ... ......... ... ........ ...................... ............ ....... .... ..p. 17 -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. 99 56-575.1 to -575.16 (LNMB SUppa 2002) (the "PPEA"), grants a publIc entIty the authonty to create publIc-pnvate partnershIps for the development of a wIde range of projects for publIc use ("qualIfYIng projects") If the publIc entIty determines that there IS a need for a project and that pnvate Involvement may provIde the project to the publIc In a tImely or cost-effectIve fashion. The definitIon of "public entIty" in 9 56-575.1 of the PPEA includes, Inter aba, any polItIcal subdIvIsIon of the Commonwealth. SectIon 56-575.16 of the PPEA provides that a public entity having the power to acquIre, 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 governIng body of the CIty of VirgInia 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 pnvate entIties by the publIc entIty (a "SolICIted Bld/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 applIcable prOVISIons of the PPEA. 3. Any UnsolICited Proposal shall be submItted to the City by delIvenng SIX complete copIes, together WIth the reqUIred 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 9 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 clanfied. Such clanficatIon may include but IS not lImited to submISSIon of addItIonal documentatIon, responses to speCific questions, and IntervIews With potentIal project partICIpants. -3- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures B. Affected Local Jurisdictions 1. The term "affected local junsdIctIon" Includes any county, city or town In which all or a portIon of a qualifyIng project is located. 2. Any pnvate entity submIttIng a SolIcited BId/Proposal or an UnsolIcIted Proposal to the City as the responsIble public entIty for a qualifying project must provIde any other affected local JurisdIctIon wIth a copy of the proposal by certIfied mall, express dehvery, or hand delivery wIthIn five (5) busIness days of submIssIon of the proposal to the City. Any such other affected local Junsdiction shall have 60 days from the date It receIves its copy of the proposal to submIt wntten comments to the City and to indicate whether the proposed qualIfying project IS compatIble WIth the affected local junsdIctIon'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 entenng into a comprehensIve agreement pursuant to the PPEA regardIng the proposal. However, the CIty may begin or contInue ItS evaluatIon of any such proposal dunng the 60-day period for the receIpt of comments from affected local jurisdictIons c. Vir2inia Freedom of Information Act 1. Any confidential and propnetary InformatIon provIded to a responsible public entity by a pnvate entIty pursuant to the PPEA shall be subject to disclosure under the VIrginIa Freedom of InformatIon Act ("FOIA") except as provIded by 9 56-575 4(G) of the PPEA. 2. To prevent the release of any confidential and propnetary information that otherwIse could be held In confidence pursuant to 9 56-575.4(G) of the PPEA, the private entIty submIttIng the InformatIon must (I) invoke the exclusIon from FOIA when the data or matenals are submitted to the City or before such submISSIon, (n) identify the data and materials for whIch protectIon from dIsclosure IS sought, and (in) state why the exclUSIon from disclosure IS necessary. A pnvate entIty may request and receive a determInatIon from the CIty as to the antIcIpated scope of protectIon pnor to submitting the proposal. The CIty IS authonzed and obhgated to protect only confidentIal propnetary information, and thus WIll not protect any portion of a proposal from dIsclosure If the entIre proposal has been desIgnated confidentIal by the pnvate entIty without reasonably dIfferentIatIng between the propnetary 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 disclosure as confidentIal and propnetary, the CIty will determine whether such protection IS appropriate under applicable law and, If appropnate, the scope of such appropnate protectIon, and shall communIcate Its determination to the pnvate entIty. If the determInatIon regarding protectIon or the scope thereof differs from the pnvate entIty's request, then the CIty WIll accord the private -4- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures entity a reasonably opportunIty to clanfy and JustIfy its request. Upon a final determinatIon by the City to accord less protectIon than requested by the pnvate entity, the private entity will be given an opportunIty 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 In 9 IV(A)(I). D. Use of Public Funds VIrgInIa constitutional and statutory requIrements as they apply to appropnatIon and expenditure of public funds apply to any comprehensive agreement entered Into under the PPEA. Accordingly, the processes and procedural requirements assocIated WIth the expendIture or oblIgatIon of publIc funds shall be Incorporated Into planning for any PPEA project or projects. E. Applicability 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 Pub lIe Procurement Act (the "VPP A ") IS as set forth In the PPEA. III. SOLICITED BID/PROPOSALS The procedures applIcable to any partIcular SolIcited Bid/Proposal shall be specified In 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 ofVuginIa 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 requIred by the PPEA and provided for below In 9 IV(A)(2) and (b) 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 summanzed, 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 ongInal UnsolIcIted Proposal and/or any proposal received in response to the publIc notIce and accepted for consIderatIon at the conceptual stage. Step four is an in-depth reVIew at the detailed stage of the ongInal UnsolIcIted Proposal and/or any proposal receIved In response to the publIc notice and accepted for consIderatIon at the detaIled stage. The City shall be afforded suffiCIent tIme 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, dunng thIS period. However, the CIty may, at ItS sole dIscretIon, dIscontinue Its evaluatIon of any proposal at any tIme. 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 elImInate 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 pnvate entIty of any UnsolIcIted Proposal accompanied by payment of any requIred fees, the CIty WIll determIne whether to accept the UnsolIcited Proposal for publIcation and conceptual-phase consIderatIon, as descnbed below. If the CIty determInes not to accept the proposal at this stage, it WIll return the proposal and the accompanYIng InItIal reVIew fee to the pnvate 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 ~ 60 days dunng which It WIll receIve competIng UnsolIcIted Proposals pursuant to 9 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. Dunng the ~ 60-day period for receIvIng competIng UnsolIcIted Proposals, the CIty may contInue to evaluate the ongInal UnsolICIted Proposal B. Contents of Initial Submission 1. An UnsoliCIted Proposal must contain information on the private entIty's qualIfications and expenence, project characteristIcs, project finanCIng, antIcipated publIc reactIon, and project benefit and compatIbilIty. The informatIon should be adequate to enable the CIty to evaluate the practicalIty and suffiCIency of the proposal. The pnvate 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 descnptIon of the pnvate 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 dunng the lIfe -6- Public-Private 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 prOj ect, 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 intends 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 qualIty of the project commensurate WIth recognized deSIgn standards or by project qualIties establIshed or prescnbed by the CIty of VIrgInIa Beach for a gIven project. 3. The CIty may requIre addItIonal submISSIons to clanfy InformatIon previously provided or to address other areas of concern to the CIty C. Review Fees A reVIew fee will not be charged of a pnvate entity submItting an UnsolIcIted Proposal to the CIty. D. Initial Review at the Conceptual Staee 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 CIty 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 VPP A or procedures developed by the CIty that are conSIstent WIth procurement of other than profeSSIonal servIces through competitIve negotiatIon as defined In the VPP A. 3. After reVIewIng an UnsolICIted Proposal and any competIng UnsoliCIted Proposals submItted dunng the notIce penod, 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 WIth 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 Staee UnsolIcited Proposals at the conceptual stage shall contaIn the follOWIng InformatIon In the follOWIng format, plus such additIonal informatIon as the CIty may request: -7- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 1. Qualification and Experience a. Identlfy the legal structure of the firm or consortium of firms making the proposal. IdentIfy the organizatlonal 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 pnncIpals involved in the proposed project Including experience with projects of comparable size, value, quality and complexIty. Describe the length of tlme In business, business experience, publIc sector expenence and other engagements of the firm or consortIum of firms. Include the identlty of any firms that will provide deSIgn, constructlon and completion guarantees and warrantles and a descnptIon of such guarantees and warrantIes. 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. d. ProvIde a current or most recently audIted financial statement of the firm or firms and each partner 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 entlty relationship with the firm or firms submitting the proposal. The State and Local Government ConflIct of Interests Act, at Virginia Code 9 2.2- 3101, defines "parent-subsIdiary relationship" as "a relatlonshIp that eXIsts when one corporation directly or IndIrectly owns shares possessing more than 50 percent of the votIng power of another corporatlon." 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 entlty has a controllIng ownershIp Interest In the other bUSIness entIty, (11) a controlling owner In one entlty IS also a controllIng owner In the other entlty, or (ni) there is shared management or control between the business entltIes. 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." -8- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 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 services. 2. Project CharactenstIcs 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 describe 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. 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 proj ect h. State assumptIons related to ownership, legal lIabIlIty, law enforcement and operatIon of the project and the eXIstence of any restnctions on the public entity's use of the project. 1. 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). -9- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 3. Project FInancIng a ProvIde a prelimInary 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. Descnbe the anticIpated costs of and proposed sources and uses for such funds. c. Include a lIst and dIscussion of assumptions underlytng all major elements of the plan. d. Identify all antIcipated risk factors and methods for dealIng with these factors. e. IdentIfy any local, state or federal resources that the pnvate entity contemplates requestIng for the proJect. Descnbe the total commItment, If any, expected from governmental sources (and IdentIfy each such source) and the tImIng of any anticipated commItment. f. Identify any third parties that the pnvate entIty contemplates will provide financing for the project and describe the nature and tImIng of each such commitment. 4. Project Benefit and CompatIbIlIty a. Descnbe the antiCIpated benefits to the community, region or state, IncludIng antIcipated benefits to the economIC condItIon of the CIty, and IdentIfy who will benefit from 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 communIty, and governmental agencies In areas affected by the proJect. d. ExplaIn whether and, If so, how the project IS cntIcal to attracting or maIntaIning competitIve Industries 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. -10- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures f. ExplaIn how qualIty standards of the project wIll be satisfied In comparison WIth the qualItIes antIcIpated or proposed by the City of Virginia Beach for the proJ ect. g. ProvIde a statement setting forth partIcipation efforts that are intended to be undertaken In connectIon WIth this prolect WIth regard to the follOWIng tyPes of businesses: (I) mInonty-owned businesses: (Ii) woman-owned businesses: and (IiI) small bUSInesses. For the purposes of these gUIdelines these terms shall be defined as follows: "mInonty-owned bUSIness" shall mean a bUSIness or other entity that IS at least fifty-one (51) percent owned and controlled by one or more SOCIally and economIcally dIsadvantaged person( s). Such dIsadvantage may arise from cultural. raCIal. chronic economIC circumstance or background. or other SImIlar cause. Such persons Include. but are not lImIted to. Afncan Americans. HIspanic Amencans. Asian Amencans. EskImos. and Aleuts. "woman-owned bUSIness" shall mean a bUSIness or other entIty that IS at least fifty-one (51 ) percent owned or controlled by one or more women: "small bUSIness" shall mean a bUSIness or other entIty that 0) has received $10 mIllIon or less in annual gross Income under generally accepted accounting pnnciples for each of its last three fiscal years or lesser tIme period if It has been in eXIstence less than three years. (11) has fewer than 100 employees. and (111) has a net worth of $2 mIllion or less. As used In these definItions. the term "control" shall mean exercisIng the power to make polley decisions and being actively involved In day-to-day management. Pnor to final payment. the pnvate entIty must prOVIde documentatIon regardIng the actual mInonty-owned. small woman-owned. and small-bUSIness partiCIpatIon efforts undertaken In connection with the contract. as well as documentation demonstratIng that such businesses were mInonty or women-owned or small bUSInesses. -11- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures F. Format for Submissions at the Detailed Staee If the CIty decides to proceed to the detailed phase of review with one or more UnsolicIted Proposals, then the followIng InformatIon must be provIded by the pnvate entIty unless waIved by the CIty: 1. A topographIcal map (1:2,000 or other appropnate scale) depictIng the location of the proposed project. 2. A lIst of publIc utIlity facIlItIes, if 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, ifknown, of the current owners of the subject property as well as a list of any property the pnvate 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; eqUIty, debt, and other finanCIng mechanIsms; and a schedule of project revenues and project costs The lIfe-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 appropnate local comprehensIve or Infrastructure development plans or indication of the steps reqUIred for acceptance into such plans. 9. SuffiCIent deSIgn and engineering detail to establIsh floor plans, elevatIons, and SIte charactenstics. 10. ExplanatIon of how the proposed project would impact local development plans of each affected local junsdiction. -12- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 11. Identify the officers and directors of the firm or firms submIttIng the proposal 12. 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 9 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, (n) a controlling owner in one entIty IS also a controllIng owner In the other entIty, or (ni) there IS shared management or control between the business entitIes. Factors that should be conSIdered In determInIng the existence of an affiliated business entIty relationshIp Include that the same person or substantially the same person own or manage the two entitIes; there are common or commIngled funds or assets; the bUSIness entIties share the use of the same offices or employees or otherwIse share actIVItIes, resources or personnel on a regular basIs; or there IS otherwise a close workIng relatIonship between the entItIes." 13. IdentIfy all known contractors or service providers, includIng but not lImited to the providers of archItectural 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 descnption 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 pnvate entIty of the finanCIng plan proposed for the proJect. 15. AddItIonal matenal 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 ofPPEA proposals. However, the CIty retaIns the right 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 pnvate entity possesses the reqUISIte qualificatIons and experience may include but are not necessanly lImIted to. -13- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 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; 6. Financial conditIon; and 7. Project ownershIp. B. Proiect Characteristics Factors to be consIdered in determining the project charactenstIcs may include but are not necessanly 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. Proiect Financinl! Factors to be consIdered In determinIng whether the proposed project finanCIng allows adequate access to the necessary capital to finance the project may include but are not necessanly lImited to: -14- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures 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 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 determInIng the proposed project's compatibilIty wIth the appropnate local or regIonal comprehenSIve or development plans may include but are not necessanly 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. 6. FIscal impact to the City ofVuginIa Beach in terms of revenues and expendItures. 7. EconomIc output of the project In terms of jobs and total economIC Impact on the local economy. 8. SubmIssIon of requIred statement regarding partIcipatIon efforts that are to be undertaken with regard to mInonty-owned bUSInesses. woman-owned businesses. and small businesses. Failure to submIt this statement shall constItute grounds to reJect any proposal. -15- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures VI. COMPREHENSIVE AGREEMENT Prior to acquinng, desIgning, constructing, improving, renovating, expanding, equippIng, maIntaining, or operating any qualifying project, a selected pnvate 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; 2. Review and approval of plans and speCIfications for the qualifYIng project by the CIty; 3. The nght of the City to Inspect the qualifYIng project, 4. MaIntenance of a polley or policies of liabilIty 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; 6. Reimbursement to be paId to the City for servIces provided by the City; 7. periodic basis; FIlIng by the operator of appropriate financial statements on a 8. PolICIeS and procedures governing the nghts and responsibIlItIes of the CIty and the operator In the event that the comprehensIve agreement IS termInated or there IS a matenal 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 -16- Public-Private Educational Facilities and Infrastructures Act of 2002 Procedures discourage use of the qualifYIng proJect. Classifications according to reasonable categones for assessment of user fees may be made. 10. Requinng 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 contnbute financial resources, If any, for the qualIfYIng 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 wntten amendment. VII. GOVERNING PROVISIONS In the event of any conflIct between these prOVISIons and the PPEA, the terms of the PPEA shall contro1. -17- - 31 - Item V-J.4. RESOLUTIONS/ORDINANCES ITEM # 51337 Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: ResolutIOn to endorse the applzcatlOn for Federal TransportatIOn Enhancement Funds for the Ferry Plantation House Restoration (Phase I) V otmg 11-0 (By Consent) Counczl Members Votmg Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor Louzs R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmidt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votmg Nay None Counczl Members Absent None June 24, 2003 1 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH 2 TRANSPORTATION BOARD FOR THE FERRY PLANTATION 3 HOUSE RESTORATION (PHASE I) AS A PROPOSED 4 TRANSPORTATION ENHANCEMENT PROJECT 5 WHEREAS, the Virginia Department of Transportation, along 6 with the Virginia Department of Rail and Public Transportation and 7 the Federal Highway Administration, has announced the availability 8 of Transportation Enhancement Funds for qualified projects; 9 WHEREAS, approximately Eighteen and One-Half Million 10 Dollars ($18.5 Million) may be available to Virginia localities for 11 transportation enhancement projects during the 2003-2004 Fiscal 12 Year; 13 WHEREAS, the City Council has been advlsed that proJects 14 funded by this program require a local match, either In-klnd or 15 cash, of twenty percent (20%); 16 WHEREAS, the City Council has been further advlsed and 17 acknowledges that in the event the City elects to cancel a proJect 18 funded by this program prior to its completlon, the Clty shall be 19 required to reimburse the Virginia Department of Transportation for 20 funds expended for such project; 21 WHEREAS, the Metropolitan Planning Organization has 22 endorsed the City's proposed transportation enhancement project; 23 WHEREAS, in accordance with Commonwealth Transportation 24 Board construction allocation procedures, a resolution of 25 endorsement must be received from the City Council before the 26 Virginia Department of Transportation will program an enhancement 27 project in the applicant's locality; and 28 WHEREAS, the City Council recognizes the importance of 29 transportation enhancement projects as a way of integrating 30 transportation into our community and natural environment. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That the Council hereby endorses to the Commonweal th 34 Transportation Board the Ferry Plantatlon House Restoratlon \~~lase 35 I) as a proposed transportation enhancement project. 36 ADOPTED by the Council of the Clty of Vlrginla Beach, 37 Virginia, this 24th day of June , 2003. CA-8901 wmm/ordres/EnhancementRes.wpd June 9, 2003 R1 APPROVED AS TO CONTENTS: ~~ L-'('O? PlanninglSepartment APPROVED AS TO LEGAL ];i~ I~.I ~ City Attorney's Of~e FERRY PLANTATION HOUSE RESTORATION, PHASE I Located In the CIty of VIrgInIa Beach, Ferry PlantatIon was once an Integral part of the ColOnial and post-colonial transportation system when a ferry operated to carry people and goods across the western branch of the Lynnhaven RIver. The property IS located on the BaysIde HIstory TraIl, a drivIng, walking, and bIkIng traIl that has already receIved an Award for Excellence by the LearnIng Resources Network. This trail WIll be used as a model for future hIStOry traIls Ferry PlantatIon House WIll educate people about the hIStOry of the area, IncludIng transportatIon systems that were used on the important waterways of V ugInIa. The house, buIlt CIrca 1830, is one of the few remaInIng examples of Federal period archItecture remaining in the Tidewater area of VirginIa. The site was formerly the locatIon of the ferry landIng establIshed in 1642; the first bnck courthouse for Princess Anne County built 1735, a post-office, a tavern, aJailIncluding stock and pIllory built 1735, and the Walke manor house of 1751 The plantation site was the source of one of the most sIgnIficant, Intact, 18th century collectIons unearthed by the ColonIal Williamsburg Foundation's Archaeology Department, prior to the constructIon of CheswIck Lane. Ferry Plantation House is now owned by the City of VirgInIa Beach and leased to the Fnends of the Ferry PlantatIon House (FOFPH) to oversee the restoratIon and rehabIlItation USIng as a basIs for fundIng a $68,500 appropnatIon from the CIty, FOFPH has leveraged the InitIal fundl11g wIth fund- raising and in-kind donatIons to do much ofwhat was recommended In an InItIal archItectural rt?\ Ie\\' as Phase I to stabilize the house. In-kind donatIons and fund-raISIng efforts have augmented the Initial funding through partnering wIth professIonal organIzatIons, IndIvIduals, and communIty groups. An Architectural Advisory Board was formed In 1998 to further prOVIde gratIs, expert adVIce on the historical restoration of the property. Funds are requested to complete Phase I for those specialized areas where expertIse is required which precludes donations of services, speCIfically, stabIlizing the eXIsting fragIle, onginal brick extenor which was protected by stucco until it was removed by a developer In 1989. Also, the house, Including a bathroom, must be made ADA acceSSIble, and the walkway needs to be Improved to conform to historical as well as safety standards. The estImated cost for this phase of the project is $145,000, non-federal partiCIpation will be $30,000 and requested funding through the VIrgInIa TransportatIon Enhancement Program is $115,000 We belIeve the project meets ten of the twelve enhancement criteria. Upon completion of this phase, the property WIll enhance the surroundIng neighborhood and provide a VIsual histone interpretatIon of the site of the colonIal ferry landIng As part of the BaysIde HIStOry Trail, thIS phase will provide an upgradIng of the project and its SIte WIth InterpretIve sIgnage for pedestrians and cyclists when the house IS closed, whIle safety and acceSSIbIlIty features WIll allow the house to be open for the publIc. Total estimated cost is $145,000 ($115,000 enhancement fund request; $30,000 local match). - 32- Item V-J. 5 RESOLUTIONS/ORDINANCES ITEM # 51338 Upon motwn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: ResolutIOn to AUTHORIZE the promulgatIOn of Amendment Number 7 to the Specifications and Standards Manual of the Engzneerzng DzvzsIOn, Department of Public Works. V otzng 11-0 (By Consent) Counczl Members Votzng Aye' Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUIs R Jones, Reba S McClanan, RzchardA Maddox, Mayor Meyera E. Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Villanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24,2003 1 2 3 4 A RESOLUTION AUTHORIZING THE ADOPTION AND PROMULGATION OF AMENDMENT NUMBER 7 TO THE PUBLIC WORKS SPECIFICATIONS AND STANDARDS MANUAL 5 WHEREAS, by resolution adopted June 14, 1994, City Council 6 authorized the adoption and promulgation of the Specifications and 7 Standards Manual ("Manual") developed by the Engineering Division of the 8 Department of Public Works; 9 WHEREAS, pursuant to section 1.3 of the Manual, all 10 amendments to the Manual must be presented to City Council for formal 11 adoption, and since its orlginal adoption in 1994, the Council has 12 approved six previous amendments to the manual; and 13 WHEREAS, over the past year, employees of the Department of 14 Public Works, Englneering Divlslon have developed revisions and updates 15 to all existing engineering materials, details, and technical 16 requirements relating to the Manual and have compiled an Amendment 17 Number 7. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the Council hereby approves and authorizes the adoption 21 and promulgation of Amendment Number 7 to the Specifications and 22 Standards Manual developed by the Engineering Division of the Department 23 of Public Works. 24 Adopted by the Councll of the City of Vlrginia Beach, 25 Virginia, on thlS 24th day of June , 2003 26 May 30, 2003 27 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 28 29 ~JcfF--fl 50 Years of Building Homes & Dreams l ,- , , 1953-2003 Ii ! John C Napolitano President John W Iuliano III Vice president Edward 0 Yoder Associate vice president Jeffrey J Wermers Treasurer John E Olivieri Secretary Channing A Pfeiffer Executive vice presldenV Chief executive officer BUilder Directors John W Ainslie Jr Wilham B Cross Scott L Crumley Robert H DeFord III Dennis M Graf Pete 0 Kotarrdes Branch P Lawson W H McCutcheon Jr Associate Directors G Robert Aston Jr J Gregory Dodd Thomas C Leffew Pamla H Pekrun J Van Rose Jr Clarence E Sutton Richard B Thurmond H Mac Weaver" Directors Emeriti Joseph C Addington Jr Edward P Brogan Wilham J Fanney Richard D Guy Wilham L Hendrrcks Frederrck J Napolitano Sr Julian Rashkmd Howard M Weisberg NAHB Past Presidents Frederrck J Napolrtano Sr Stanley Waranch NAHB Life Directors Edward P Brogan Lawrence J Goldrrch Robert A Lawson Jr Stephen J Magula Jr Frederrck J Napolitano Sr Vincent A Napolitano Michael D Newsome Julian Rashklnd Michael P Rashklnd Stanley Waranch Howard M Weisberg Wendell A White HBAV Past Presidents Lee A Gifford (deceased) David A Howard (deceased) Frederrck J Napolrtano Sr Vincent A Napolitano Theodore S Schlossman Douglas W Talbot Stanley Waranch Honorary Members Doyle E Hull Owen B Pickett I " ,~ I ~ II I II' 'j \) L () March 26,2003 I .... -. Mr. PhIllIp D. Pullen, PE Office of the CIty EngIneer MuniCIpal Center BuIldIng 2 2405 Courthouse Drive V IrgInIa Beach, VIrgInIa Re: Public Works SpecificatIons and Standards - 2003 Dear Phil; Our builder members were notIfied of the proposed revisIons to DrawIngs C-9 and C-9A and the new SpecIficatIon for utIlIty test hole backfill, C-20 in early February We also posted the speCIficatIons on our websIte. To date, I have not receIved any negatIve comments regardIng these reVISIons. I hope thIS WIll aSSIst you In completIng your reVIew. Thank you for allowing us an opportunIty to comment. Please adVIse when the reVISIons become final and we'll make notIce on our website Regards, ~ ClaudIa K Cotton Staff VIce PreSIdent 2117 Smith Avenue, Chesapeake, VA 23320-2515 . Phone (757) 420-2434 . Fax (757) 424-5954 . www tbaonllne org Affiliated With the Home BUilders Assoclatron of Virginia and the National ASSOCiation of Home BUilders Summary of Changes to the PublIc Works EngIneenng SpecIficatIons and Standards Manual February 2003 General Table of Contents MInor typographIcal revIsions. CHAPTER 8 Section 8.7 RetentIon (Wet) and DetentIon (Dry) Storm Water Management FacIlity (SWMF) DeSIgn Guidelines After the 3rd paragraph, the follOWIng paragraph was added: "Shallow Marshes are prohibited in residential neighborhoods and commercial developments bordering residential properties." APPENDIX C Replace DraWIng C-9 (Concrete Paver SubstItute) WIth the attached ReVIsed DraWIngs C-9 and C-9A. Add new Drawing C-20 (UtIlIty Test Hole Backfill Standard). - 33- Item V-K1a/cld/f RESOLUTIONS/ORDINANCES ITEM # 51339 Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordmances to AMEND the City Code. ass 5-5 and 5-12 and REPEAL S 5-11 re domestic ammals C S 7 1 re defimtion of a bicycle d S 23-7 re interference with City officers m the performance of their duties, and, ADDING S 23-7 3 re resisting lawful arrest f S 35-11 to reflect reVISIOns to the State Code re admmlstratlve collection of delinquent taxes or charges V otmg 11-0 (By Consent) Council Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LoUIS R Jones, Reba S McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood CounCil Members Votmg Nay None CounCil Members Absent None June 24,2003 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE PERTAINING TO CONTROL OF DANGEROUS OR 3 VICIOUS DOG, CRUELTY TO ANIMALS GENERALLY, AND 4 ABANDONING DOMESTIC ANIMAL IN PUBLIC PLACE OR 5 ON PROPERTY OF ANOTHER. 6 7 SECTIONS AMENDED: ~~ 5-5 AND 5-12 8 SECTION REPEALED: ~5-11 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 5-11 is repealed and Sections 5-5, and 5-12 of 13 the Ci ty Code are hereby amended and reordained, to read as 14 follows: 15 Sec. 5-5. Control of dangerous or vicious dog. 16 (a) Definitions. As used in this section, each of the 17 following terms shall have the meaning respectively ascribed 18 thereto: 19 Dangerous dog means a canine or canine crossbreed wl!icL that 20 has bitten, attacked, or inflicted injury on a person or companion 21 animal, otLer tLal! ~ dog, or killed a companion animal..i... however, 22 when a doG attacks or bites another dog, the attackino or bitino 23 doG shall not be deemed danoerous (i) if no serious phvsical inlurv 24 as determined by a licensed veterinarian has occurred to the other 25 doG as a result of the attack or bite or (ii) both doos are owned 26 bv the same person. No dog shall be found to be a danoerous doG as 27 a result of bitino, attacking or inflictino inlury on another doo 28 while enoaoed with an owner or custodian as part of lawful huntino 29 or participatino in an oroanized, lawful doG handlino event. 30 Owner shall include any person who (i) has a right of property in; 31 (ii) keeps or harbors; (iii) has in his or her care; (iv) acts as 32 custodian of; or (v) permits to remain on or about his or her 33 premises, any dangerous or vicious dog. 34 Vicious dog means a canine or canine crossbreed wLicL that has 35 (i) killed a person; (ii) inflicted serious inj ury to a person, 36 including multiple bites, serious disfigurement, serious impairment 37 of health or serious impairment of a bodily function; or (iii) 38 continued to exhibit the type of behavior wLicL that resulted in a 39 previous finding by a court that it is a dangerous dog, provided 40 (b) Any animal control officer who has reason to believe 41 after ill v e~ti9atioll that a canine or canine crossbreed wi thin his 42 or her jurisdiction is a dangerous or vicious dog shall apply to a 43 magistrate of the City of Virginia Beach for the issuance of a 44 summons requiring the owner or custodian, if known, to appear 45 before the general district court at a specified time. The summons 46 shall advise the owner of the nature of the proceeding and the 47 matters at issue. The animal control officer shall confine the 48 animal until such time as evidence shall be heard and a verdict 49 rendered. If the animal control officer determines that the owner 50 or custodian can confine the animal in a manner that protects the 51 public safety, he or she may permi t the owner or custodian to 52 confine the animal until such time as evidence shall be heard and 53 a verdict rendered. The court, through its contempt powers, may 2 54 compel the owner, custodian or harborer of the animal to produce 55 the animal. If, after hearing the evidence, the court finds that 56 the animal is a dangerous dog, the court shall order the animal's 57 owner to comply with the appropriate provisions of this article 58 ordinance. If, after hearing the evidence, the court finds that the 59 animal is a vicious dog, the court shall order that the animal be 60 euthanized in accordance with the provisions of Code of Virginia ~ 61 3.1-796.119, as amended. 62 (c) No canine or canine crossbreed shall be found to be a 63 dangerous or vicious dog solely because it is a particular breed. 64 No animal shall be found to be a dangerous or vicious dog if the 65 threat, inj ury or damage was sustained by a person who was (i) 66 committing, at the time, a crime upon the premises occupied by the 67 animal's owner or custodian; (ii) committing, at the time, a 68 willful trespass or other tort upon the premises occupied by the 69 animal's owner or custodian; or (iii) provoking, tormenting or 70 physically abusing the animal, or can be shown to have repeatedly 71 provoked, tormented, abused or assaulted the animal at other times. 72 No police dog that was engaged in the performance of its duties as 73 such at the time of the acts complained of shall be found to be a 74 dangerous or vicious dog. No animal which, at the time of the acts 75 complained of, was responding to pain or injury, or was protecting 76 itself, its kennel, its offspring, or its owner or owner's 77 property, shall be found to be a dangerous or vicious dog. 3 78 79 80 (e) All certificates obtained pursuant to this section shall 81 be renewed annually for the same fee and in the same manner as the 82 initial certificate was obtained. Certificates or renewals thereof 83 required pursuant to this section shall only be issued to persons 84 eighteen (18) years of age or older, who present satisfactory 85 evidence (i) of the animal's current rabies vaccination, if 86 applicable; and (ii) that the animal is and will be confined in a 87 proper enclosure, or is and will be confined inside the owner's 88 residence, or is and will be muzzled and confined in the owner's 89 fenced-in yard until a proper enclosure is constructed. 90 Additionally, any owner who applies for a certificate or renewal 91 thereof under this section shall not be issued a certificate or 92 renewal thereof unless he or she presents satisfactory evidence 93 that (i) his or her residence is and will continue to be posted 94 with clearly visible signs warning both minors and adults of the 95 presence of a dangerous dog on the property; and (ii) the animal 96 has been permanently identified by means of a tattoo on the inside 97 thigh or by electronic implantation. Any certificate or renewal 98 thereof required to be obtained under this section shall only be 99 issued to a person eighteen (18) years of acre or older who presents 100 satisfactory evidence that (i) the animal has been neutered or 101 spayed; and (ii) he or she has obtained liabili ty insurance 4 5 126 127 3ec. 5 11. Cruelty to animals generally (Reserved) 128 (a) AI!}! per ~Ol! wLo doe~ al<Y of tLe followiLg ~Lall be 9 tlil t}! 129 of a Cla~ ~ 1 nLi ~denLeal!or ~ 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 ( 1 ) O~erride~, overdrive~, overload~, torture~, ill treat~, abal!doI!~, willfully il!flict~ il!LuflLaI!e iI!j tlr)l or pail! I!Ot cOI!I!ected witL bOlla fide ~ciel!tific or lLLedical experinLel!tatiol! to, or cruelly or tllll!ece~~aril}' beat~, l'LLaiILL~, 1\Lt1tilate~ or kill~ allY al!iILLal, whetLer belol!g il!g to LinL~el f or al!otLer, or depr i v e~ al<Y al!inLal of l!ece~~ary ~tl~tel!aI!ce, food or driI!k or proper ~Lelter ~I!d protectiol! fronL tLe weatLer or catl~e~ allY of tLe above tl!il!g~ or, beiI!g tLe OWI!er of ~ uch al!inLal, perlLLi t~ ~ ucL act~ to be dOI!e b}' aI!otLer. (2) ~iillfully ~et~ Ol! foot, iI!~tigate~, el!gage~ ill or ill all}' wa}! furtLer ~ ail}' act of cruel ty to all}' al!iILLal. (J) Carrie~ or catl~e~ to be carried ill or UpOI! allY veLicle or ve~~el or otLerwi~e ail}' al!imal ill a crtlel, brutal, or il!LtlI'lLal!e Iual!l!er, ~o a~ to produce torttlre or uld!ece~~ary ~ufferil!g. (b) NotLil!g ill tLi~ ~ectiol! ~Lall be COI!~tr tled to pr oLibi t the deLorl!il!g of cattle. (c) IIunLaI!e officer~ of tLe JPCA, pur~ual!t to ~ectiol! 10.2 J97 of tl!e Code of \TirgiI!ia, ~Lall be ve~ted witl! tLe atltLority of eI!forciI!g tLi~ ~ectioI!. 6 150 151 Sec. 5-12. Abandoning or dumpina domestic animal~ in public place or on property of another. 152 l.E..L Any person who shall abandon any dog, cat or other 153 domesticated animal in any public place, including the right-of-way 154 of any public road, street or highway, or on the property of 155 another shall be guilty of a Class 3 misdemeanor. 156 lQl It shall be unlawful for any person to dump or otherwise 157 dispose of a companion animal for the purpose of disposal, on 158 public property, includinq a public highway, right-of-wav, property 159 adiacent to such hiahwav or riaht-of-wav, or on private property 160 wi thout the wri tten consent of the owner thereof or his aaent. 161 When a violation of this subsection has been observed bv any 162 person, and the companion animal illeaallv dumped or disposed of 163 has been ei ected or removed from a motor vehicle, the owner or 164 operator of such motor vehicle shall be presumed to be the person 165 eiectina or dis?osing of the companion animal. Such presumption 166 shall be rebuttable bv competent evidence. A violation of this 167 subsection shall constitute a class 1 misdemeanor punishable bv 168 confinement in iail for not more than twelve (12) months and a fine 169 of not less than $250 or more than $2,500, either or both. 170 This Ordinance will take effect July 1, 2003. 171 Adopted by the City Council of the City of Virginia Beach, 172 Virginia, on this 24th day of June, 2003. 173 CA-8892 174 stsiouts/wp/work/KDR/Sec. 5-5, 5-11 & 5-12.ord.wpd R4 - June 11, 2003 7 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CITY CODE PERTAINING TO THE 3 DEFINITION OF BICYCLE 4 SECTION AMENDED: 7-1 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 7-1 of the Ci ty Code is hereby amended and 9 reordained, to read as follows: 10 Sec. 7-1. Definitions. 11 For the purposes of this chapter, the following words shall 12 have the meanings ascribed to them in this section, unless clearly 13 indicated to the contrary: 14 Bicycle: A device propelled solely by human power, upon which 15 a person may ride ei ther on or astride a reaular seat attached 16 thereto, La v illg pedal~, t~o (2) or havina two or more wheels in 17 tandem, includina children's bicycles except a tOY intended for use 18 by youna children. A bicycle shall be a vehicle while operated on 19 the hiahway. alld a ~eat LeigLt of ILLore tLall twellty five (2~) illcLe~ 20 21 22 This ordinance will take effect on July 1, 2003. 23 24 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2003. 25 26 CA-8897 stsiouts/wp/work/KDR/Sec.7-1.ord.wpd R3 - June 10, 2003 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE PERTAINING TO MISLEADING, OBSTRUCTING, 3 ETC., CITY OFFICERS AND ADDING A NEW SECTION 4 PERTAINING TO RESISTING LAWFUL ARREST 5 SECTION AMENDED: ~23-7 6 SECTION ADDED: ~23-7.3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 23-7 of the Ci ty Code is hereby amended and 11 reordained, and Section 23-7.3 is hereby added to read as follows: 12 13 Sec. 23-7. Resisting, Misleadina, obstructing, etc., city officers. 14 (a) If any person without just cause knowingly obstructs a 15 judge, magistrate, justice, juror, witness or any law enforcement 16 officer in the performance of his duties as such, or fails or 17 refuses without just cause to cease such obstruction when requested 18 to do so by such judge, magistrate, justice, juror, witness or law 19 enforcement officer, he shall be guilty of a Class 1 misdemeanor. 20 (b) If any person, by threats or force, knowingly attempts to 21 intimidate or impede a judge, magistrate, justice, juror, witness, 22 or any law enforcement officer, lawfully engaged in his duties as 23 such, or to obstruct or impede the administration of justice in any 24 court, he shall be deemed to be guilty of a Class 1 misdemeanor. 25 (c) Any person who knowingly and willfully makes any 26 materially false statement or representation to a law-enforcement 27 officer who is in the course of conducting an investigation of a 28 crime by another is guilty of a Class z 1 misdemeanor. 29 30 31 32 33 34 35 36 37 (d) Any person or persons who unreasonably or unnecessarily obstruct a member or members of a rescue squad, whether governmental, private or volunteer, in the performance of the rescue mission or who shall fail or refuse to cease such obstruction or move on when requested to do so by a member of a rescue squad going to or at the site of a rescue mission shall be guilty of a Class 2 misdemeanor. Sec. 23-7.3 Resistina lawful arrest; penalty 38 J...9....L Any person who intentionall v prevents or attempts to 39 prevent a law-enforcement officer from lawfully arresting him, with 40 or without a warrant, is Quilty of a Class 1 misdemeanor. 41 l..Q.l For the purpose of this section, intentionall v preventina 42 or attemptinq to prevent a lawful arrest means fleeing from a 43 law-enforcement officer when (1) the officer applies physical 44 force to the person or (2) the officer communicates to the 45 person that he is under arrest and (i) the officer has the 46 leaal authority and the immediate physical ability to place 47 the person under arrest, and (ii) a reasonable person who 48 receives such communication knows or should know that he or 49 she is not free to leave. 50 This Ordinance will be effective July 1, 2003. 2 51 Adopted by the City Council of the City of Virginia Beach, 52 Virginia, on this 24th day of June, 2003. 53 CA-8896 54 Stiouts/Work/KDR/Sec. 23-7. 23-7.3 ord.wpd 55 R4 June 12, 2003 3 1 AN ORDINANCE TO INCREASE CITY FEES FOR 2 ADMINISTRATIVE COSTS INCURRED IN COLLECTING 3 DELINQUENT TAXES OR CHARGES 4 SECTION AMENDED: ~ 35-11 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 35-11 of the City Code is hereby amended and 8 reordained to read as follows: 9 10 Sec. 35-11. Payment of administrative costs in collection of delinquent taxes or charges. 11 The treasurer of the city is hereby authorized to impose a fee 12 to cover the administrative cost associated with the collection of 13 delinquent taxes or othe~ delinquent charges. Such fee shall be in 14 addition to all penal ties and interests, and shall be ill tLe arllOtll!t 15 of twel!ty thirty dollars (C20. 00) ($30.00) for taxes or other 16 charges collected .stlb.sequel!t to tLe filil!g of a warral!t or takil!g 17 other appropriate legal actiol! more than thirty (30) days after 18 notice of delinquent taxes or charaes has been provided, pursuant 19 to Virainia Code ~ 58.1-3919, but prior to any judgment. al!d ill tLe 20 arI.LOUI!t of twel!ty five The fee shall be thirty-five dollars 21 (02~. 00) ($35.00) for taxes or other charges collected subsequent 22 to judgment. 23 BE IT FURTHER ORDAINED that this ordinance shall be effective 24 on July 1, 2003. 25 Adopted by the City Council of the City of Virginia Beach, 26 Virginia, on this 24th day of June, 2003. CA-8902 DATA/ORDIN/PROPOSED/35-0llord.wpd R2 June 10, 2003 2 - 34- Item V-K.lb. RESOLUTIONS/ORDINANCES ITEM#5l340 Bill Bmley, 4841 Rosecroft Street, Phone: 495-0637, registered m OPPOSITION, requested addmg to the ordmance "an applzcant or volunteer m publzc safety ", submlttmg to a background check mvolvmg fingerprmts and be/zeved the Volunteers should not have to pay re the background check Upon motIOn by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED to the City Council SessIOn of July 1,2003 Ordmances to AMEND the City Code b J 2-78 re background investigations of applzcantsfor publzc employment Votmg 11-0 Council Members Votmg Aye Harry E Diezel, Margaret L Eure, Vice Mayor LouIs R. Jones, Reba S McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L. Wood Counczl Members Votlng Nay None CounCil Members Absent None June 24,2003 - 35 - Item V-K.1 e. RESOLUTIONS/ORDINANCES ITEM # 51341 BIll Bazley, 4841 Rosecroft Street, Phone 495-0637, regIstered zn support Upon motzon by VIce Mayor Jones, seconded by Counczlman Reeve, CIty Counczl ADOPTED Ordmances to AMEND the CIty Code e 9921-3,21-199,21-29,21-323 1, 21-323 and 21-344 to reflect revIszons to the State Code re motor vehicles, farm machinery, highway signs, work area speed limits, electrical devices, reimbursement of expenses Votmg 11-0 Counczl Members Votmg Aye Harry E DIezel, Margaret L Eure, VIce Mayor LOUIS R Jones, Reba S McClanan, RIchardA Maddox, Mayor MeyeraE Oberndorf, JIm Reeve, Peter W SchmIdt, Ron A VIllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None CouncIl Members Absent None June 24,2003 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO MOTOR VEHICLES SECTIONS AMENDED: ~~ 21-3, 21-199, 21-299, 21-323.1, 21-323 and 21-344, 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 That Sections 21-3, 21-199, 21-299, 21-323, and 21-344, of the 10 City Code are hereby amended and reordained, to read as follows: 11 12 13 Sec. 21-3. Compliance with chapter; general penalty for violations. It shall be unlawful for any person to violate or refuse, fail 14 or neglect to comply with any of the provisions of this chapter. 15 Unless otherwise specifically provided, a violation of this chapter 16 shall constitute a traffic infraction punishable by a fine of not 17 more than two hundred and fifty dollars ($250.00) (~200.00). 18 19 Sec. 21-199. Connection between vehicles. 20 (a) The connection between any two (2) vehicles, one of which 21 is towing or drawing the other on a highway, shall consist of a 22 fifth wheel, drawbar or other similar device not to exceed tell (10) 23 fifteen (15) feet in length from one vehicle to the other, and such 24 two (2) vehicles shall, in addition to such drawbar or other 25 similar device, be equipped, at all times when so operated on the 26 highway, with an emergency chain. 27 (b) The provisions of subsection (a) of this section shall 28 not apply to ill ca.se of a bOlla fide eIllergellcy re~ul tillg fronl a 29 fiLecI!al!ical breakdowl! or aI! accideI!t, wLel! .!'SucL vehicle i.!'S beil!g 30 towed to tLe l!eare.!'St garage or repair ~Lop wLicL call furl!i.!'SL tLe 31 required .!'Service. II! ~l<Y ~ucL ca.!'Se, ~ucL cOld!ectioI! rtLa:y' cOI!.!'Si.!'St 32 ~olely of a cLaiI!, rope or cable of l!Ot over fifteeI! (1~) feet ill 33 lel!gtL betweel! veLicle~, provided, tLat a licel!.!'Sed operator ~L~ll 34 be at tIle GOl!trol.!'S of tLe towed veLicle to brake al!d .!'Steer tLe 35 veLicle al!d COl!tr 01 tLe ligLt~ thereof. (i) any farm tractor when 36 such farm tractor is towina any farm implement or farm machinery bv 37 means of a draw bar coupled with a safety hitch pin or 38 manufacturer's couplina device or (ii) any tow truck towing a 39 vehicle bv means of a wheel lift apparatus that employs a safety 40 strap to hold two of the towed vehicle's wheels within a wheel lift 41 cradle in a manner consistent with instructions of the manufacturer 42 of such wheel lift apparatus. 43 Jtl For the purpose of subsection (b) "tow truck" means any 44 motor vehicle that is constructed and used primarily for towina, 45 liftina or otherwise movina illeaallv parked or disabled vehicles. 46 Sec. 21-299. Defacing, injuring, etc., signs. 47 .li!.l Any person who shall intentionally deface, obscure, 48 il!j ure damaae, knock down or remove any -s-i:-gn legally posted, 49 hiahwav sian as provided in this chapter shall be guilty of a Class 50 1 misdemeanor. 51 l.Ql. For the purposes of this section, "hiahway slan" 52 includes, but is not limited to, an electrically powered or 2 58 Sec. 21-321.1. Decreased maximum speeds in highway work zones. 59 (a) It shall be unlawful for any person to operate any motor 60 vehicle in excess of a maximum speed limit approved by the Virginia 61 Department of Transportation or by the director of public works 62 specifically for a highway work zone. This section shall be 63 enforceable when workers are present and when such work zone is 64 indicated by signs displaying the maximum speed limit and the 65 penalty for violation. 66 (b) For purposes of this section, "highway work zone" means 67 a construction or maintenance area that is located on or beside a 68 highway and marked by appropriate warning signs or other 69 traffic-control devices indicating that work is in progress. 70 (c) Violation of this section shall constitute a traffic 71 infraction punishable by a fine of not more than two LUI!dred fifty 72 five hundred dollars (~2~0.00) ($500.00); provided, that nothing in 73 this section shall preclude the prosecution and conviction of any 74 person whose operation of any motor vehicle in a highway work zone, 75 apart from speed, demonstrates a reckless disregard for life, limb 76 or property. 3 77 78 79 Sec. 21-323. Use of electrical devices to check speed; arrest without warrant. 80 (a) The speed of any motor vehicle may be checked by the use 81 of laser speed determination devices. radarL or other electrical 82 devices. The resul ts of such checks shall be accepted as prima 83 facie evidence of the speed of such motor vehicle in any court or 84 legal proceedings where the speed of the motor vehicle is at issue. 85 (b) In any court or legal proceeding in which any question 86 arises about the calibration or accuracy of any laser speed 87 determination device, radarL or other electrical device used to 88 check the speed of any motor vehicle, a certificate, or a true copy 89 thereof, showing the calibration or accuracy of the speedometer of 90 any vehicle or of any tuning fork employed in calibrating or 91 testing the device, and when and by whom the calibration was made, 92 shall be admissible as evidence of the facts therein state. No 93 calibration or testing of such device shall be valid for longer 94 than six (6) months. 95 (c) The driver of any such motor vehicle may be arrested 96 without a warrant under this section, provided the arresting 97 officer is in uniform and displays his badge of authori ty and 98 provided such officer has observed the registration of the speed of 99 such motor vehicle by a laser speed determination device. radar or 100 other electrical device, or has received a radio message from the 101 officer who observed the speed of the motor vehicle registered by 4 102 the laser speed determination device, radar or other electrical 103 device; provided that, in case of an arrest based on such a 104 message, such radio message has been dispatched immediately after 105 the speed of the motor vehicle was registered and shall have 106 furnished the license number or other positive identification of 107 the vehicle and the registered speed to the arresting officer. 108 .l.Q.l. For laser speed determination devices only, law 109 enforcement officers shall, upon the reauest of the affected 110 motorist , permit such motorist to observe the readina of the III device. 112 113 114 Sec. 21-344. Reimbursement for expenses of driving while impaired incurred from emergency responses. 115 (a) AI<Y per~ol! wLo i~ cOI!victed of violatiol! of ~ectiol! 116 21 JJG or ~ectiol! G 122 of thi~ Code, or of ~ectiol! 10.2 2GG or 117 ~ectiol! 2J. 1 7 JO of tIle Code of Virgil!ia, wLel! Li~ operatiol! of a 118 fl\otor veLicle, el!gil!e, trail! or ~atercraft ~Lile impaired i~ the 119 proxilLLate catloSe of al!:Y accidel!t or il!cidel!t re~ul til!g ill al! 120 appropriate eIuergel!c:y reoSpol!~e, ~Lall be liable ill a ~eparate civil 121 actiol! to tLe city, al!d to all}' vOltll!teer re~cue ~qtlad, wLicL nLa:y 122 provide ~tlcL enLergel!cy re~pol!~e for tLe rea~ol!able expel!~e tLereof, 123 ill all anLoUI!t I!Ot to exceed Ol!e tLOtl~al!d dollc~r~ (~1, 000.00) ill tIle 124 aggregate for a particular accidel!t or il!cidel!t. II! deterllLil!il!g the 125 "rea~ol!able expel!~e, II a localit:y Iua:y bill a flat fee of Ol!e l!tll!dred 5 126 dollar.5 (:;;100.00) or a TILildlte by TILilltlte accOtlntillg of tLe acttlal 127 CO.5t.5 illCtlrred. 128 (b) A.5 tl.5ed ill tLi3 .5ectioll, "appropriate eILLergellcy re.5pOII.5e" 129 illclude.5 all CO.5t.s of providillg law ellforcenlel1t, firefiglltillg, 130 re.5Ctle, alld erhergellcy TILedical .5ervice.s. 131 (c) The provi.5ioll.5 of thi.5 .3ectioll .5Lall Il0t preenLpt or lirhit 132 allY renLedy available to tLe COntl'hOllwealtL, tLe cit:y, or al<Jl 133 volullteer re.5cue .5quad to recover tLe rea.5ollable expell.se.5 of all 134 enLergellc}' re.5pOII.5e to all accidellt or illcidellt IIOt ill v 01 V illg 135 ilupaired drivillg or operatioll of a veLicle ~.5 .5et fortL hereill. 136 (d) No polic:}I or COlltract of bodily illj tlry or property d~luage 137 liability ill.5UrallCe relatillg to tLe OWller.5Lip, nLailltellallce, or tl.5e 138 of a ILLotor veLicle, ellgille, traill, nLotorboat, or watercraft i.5.stled, 139 or i.5.5tled for delivery, ill the conmLolJ:wealtL .sLall ell.5Ure agaill.5t 140 allY ci viI liabili ty ullder tLi.s .5ectioll. 141 142 143 144 145 146 147 148 149 Jgl Any person convicted of violatina any of the followina provisions of the Code of Virainia, or any similar ordinance in the City Code, shall be liable in a separate civil action for reasonable expenses incurred by the City of Virginia Beach or by any volunteer rescue sQuad, or both, when providina a appropriate emeraency response to any accident or incident related to such violation. JiL The provisions of Code of Virainia sectlons 18.2- 51.4, 18.2-266 or 29.1-783, when such operation of 6 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 motor vehicle, enaine, train or watercraft while so impaired is the proximate cause of the accident or incident; liil. The provisions of Article 7 (section 46.2-852 et sea.) of Chapter 8 of Title 46.2 relatina to reckless drivina, when such reckless drivina is the proximate cause of the accident or incident; (iii) The provisions of Article 1 (section 46.2-300 et sea.) of Chapter 3 of Title 46.2 relatina to drivina without a license or driving with a suspended or revoked license; and liYl The provisions of Code of Virainia section 46.2-894 relatina .to improperl v leavina the scene of an accident. J..Ql Personal liabili tv under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000 in the aaareaate for a particular accident or incident. In determining the "reasonable expenses" a flat fee of $100 may be billed, or a minute-by-minute accountina of the actual cost incurred may be billed. lrt As used in this section, "appropriate emeraency response" includes all cost of providina law-enforcement, fire- fiahtina, rescue and emeraency medical services. 7 173 lQl The provisions of this section shall not preempt or limit 174 any remedy available to the Commonwealth, the City of 175 Virainia Beach, or to any volunteer rescue sauad to 176 recover the reasonable expenses of an emeraency response 177 to an accident or incident not involvina impaired drivina 178 operation of a vehicle or other conduct as set forth 179 herein. 180 181 This ordinance will take effect on July 1, 2003. 182 183 184 Adopted by the City Council of the City of Virginia Beach, 185 Virginia, on this 24th day of June, 2003. 186 CA-8895 Stiouts/WORK/KDR/Sec. 21 et al.ord.wpd R5 June 11, 2003 8 - 36- Item V-K.2. RESOLUTIONS/ORDINANCES ITEM # 51342 Upon motIOn by V,ce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl ADOPTED: Ordznance to A UTHORIZE the Department of Museums and Cultural Arts to ACCEPT two (2) bronze statues,for dIsplay at the Judicial Center, from the Counczl of Garden Clubs of VIrgznza Beach and the VIrgInIa Beach Chzld Advocacy Network (VBCAN) V otzng 11-0 (By Consent) CouncIl Members Votzng Aye Harry E DIezel, Margaret L Eure, VIce Mayor LOUIS R Jones, Reba S McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, JIm Reeve, Peter W SchmIdt, Ron A VIllanueva, Rosemary W,lson and James L Wood Counczl Members Votzng Nay None CounCIl Members Absent None June 24,2003 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE AND 2 INSTALLATION OF A DONATION OF SCULPTURES FROM 3 THE COUNCIL OF GARDEN CLUBS OF VIRGINIA BEACH 4 AND THE VIRGINIA BEACH CHILD ADVOCACY NETWORK 5 6 WHEREAS, the Council of Garden Clubs of Vlrginia Beach and the 7 Vlrglnla Beach Chlld Advocacy Network wish to commlSSlon and, once 8 completed, donate two sculptures to be placed ln the Celebrate 9 Chlldren Garden at the Vlrglnla Beach Judlcial Center. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 1 . That the Department of Museums and CuI tural Arts is 13 hereby authorlzed to accept from the Councll of Garden Clubs of 14 Vlrglnla Beach and the Vlrglnla Beach Chlld Advocacy Network two IS bronze sculptures to be created by artlst Robert Cunnlogham. 16 2 . That the Department of Public Works is directed to 17 install the above-referenced statues in the Celebrate Children 18 Garden at the Virginia Beach Judicial Center. 19 20 Adopted by the Councll of the Cl ty of Vlrglnla Beach, Vlrglnla 21 on the 24th day of June , 2003. CA-8920 Ordln/Noncode/sculptord.wpd R-l - June 17, 2003 Approved as to Content: Approved as to Legal Sufflclency: ~ftr~JL SKETCHES OF PROPOSED ARTWORK -~. '3\''1\..... ."J:"--'- ~-i~,; .: ,/0 ...,/-; 1-4:fr' v SKETCHES OF PROPOSED ARTWORK <' / ~. i/'~- - ll\~ {, L,f .",. ~,-", _~'~~~ t~ -;~'~''''h _ t a.' 1:; ......J ... (yr.'" ,. r.-, l{. t ~~~~ J" ~_~~.. .. ' - ( ~ r ,.' ... -.... .... :. "'~"... '~~ \\0. j . ), ~ , /J ( .J FORMNOPS18 Cit:y- of Virgi:r1ia. Beach INTER-OFFICE CORRESPONVENCE Date: May 12, 2003 To: Barry Shockley, General ServI Prom: Chuck Davis, GS/BuIldIng Subject: Celebrate ChIldren Garden The applicatton for the donatIon of art work associated with the above project has been reviewed by both EddIe Barnes and me. In reviewIng the applicatIon and the support matenal, we both are of the follOWIng opinion: 1. The sIte IS appropriate for the placement of the art work being proposed by the group. 2. Based upon the type of art work being recommended, there WIll be mInImum maIntenance on the art work. Landscape SerVIces staff WIll Install acceptable plant material In the raIsed plant bed, and WIll Insure that the art work placed In the turfed area IS not damaged by mowers or stnng-trimmIng eqUIpment. 3. Based on the current placement of the art work, there IS no conflIct WIth further development of the Judiclal Center. Due to thIS art work beIng governed by the AdministratIve DIrectIve concerning donated art work and not memonals, the request submItted does not have to be revIewed by the Memorials CommIttee. If I can provIde you WIth further InformatIon, please let me know. mtp attachment c: EddIe Barnes ~ly SpruIll '---/ - 37- Item V-K.3. RESOLUTIONS/ORDINANCES ITEM # 51343 Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Ordmance to AUTHORIZE temporary encroachment into a portzon of the Czty 's property at Lake Rudee m Shadowlawn Hezghts by PAUL S. and DENA HIGH SA WYER to construct and mamtam a fIXed pier, aluminum ramp, floating pier, boat lift and four (4) piles at 7 Carzbbean Avenue, subject to (DISTRICT 6 - BEACH) The followmg condztzons shall be requzred 1 The temporary encroachment shall be constructed and mamtamed m accordance wzth the laws of the Commonwealth of Vzrgznza and the Czty of Vzrgmza Beach and m accordance wzth the Czty 's specificatzons and approval as to szze, afzgnment and locatzon 2 The temporary encroachment shall termmate upon notzce by the Czty to the appfzcant and, wzthm thzrty (30) days after such notzce zs gzven, the temporary encroachment must be removed from the encroachment area by the applzcant and the applzcant wzll bear all costs and expenses of such removal 3 The applzcant shall mdemnify and hold harmless the Czty, zts agents and employees from and agamst all clazms, damages, losses and expenses, mcludmg reasonable attorney's fees m case zt shall be necessary to file or defend an actzon arzsmg out of the locatIOn or exzstence of the temporary encroachment 4 Nothmg herem contamed shall be construed to enlarge the permzsszon and authorzty to permzt the mamtenance or constructzon of any encroachment other than that specified herem and to the fzmzted extent specified herem, nor to permzt the mamtenance and constructzon of any encroachment by anyone other than the applzcant 5 The applzcant agrees to mamtam the temporary encroachment so as not to become unszghtly or a hazard 6 The applzcant must post a performance bond or other form of surety, approved by the Development Servzces Center of the Plannzng Department, m accordance wzth thezr engmeer's cost estzmate June 24,2003 Item V-K.3. - 38- RESOLUTIONS/ORDINANCES ITEM # 51343 (Continued) 7 The appllcant must obtam an approved Jomt Permlt Applzcatwn from the Waterfront Operatwns D,v,swn of the Planning Department The Grantee also agrees to obtam a waterfront constructwn permlt from the aforementwned agency before begmmng any work wlthm the encroachment area 8 The applicant shall obtam and keep m force all risk property msurance and generallzabllzty or such msurance as lS deemed necessary by the Clty, and all msurance polzcles must name the Clty as addltwnal named msured or loss payee, as appllcable The applzcant must also carry comprehenslve generallzabllzty msurance m an amount not less than F,ve Hundred Thousand Dollars ($500,000), combmed smgle lzmlts of such msurance polzcy or polzcles The applzcant must provlde endorsements provldmg at least thlrty (30) days' written notlce to the Clty prwr to the cancellatwn or termmatwn of, or material change to, any of the msurance polzcles The applzcant assumes all responslbllztles and lzabzlltles, vested or contmgent, wlth relatwn to the temporary encroachment 9 The temporary encroachment must conform to the mlmmum setback requlrements as establzshed by the Clty 10 The applzcant must submlt for reVlew and approval, a survey for the encroachment area, certified by a reglstered professwnal engmeer or a lzcensed land surveyor, and/or "as bUllt " plans of the Temporary Encroachment sealed by a reglstered professwnal engmeer, if req Ul red by elther the Clty Engmeer 's Office or the Engmeermg D,v,swn of the Pub!zc Utllztles Department 11 The Clty, upon revocatwn of such authOrity and permlsswn so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost many manner provlded by law for the collectwn of local or state taxes, may requlre the app!zcant to remove such temporary encroachment, and, pendmg such removal, the Czty may charge the applzcant for the use of such portwn of the City's right-of- way encroached upon the eqUlvalent of what would be the real property tax upon the land so occupled if It were owned by the appllcant, and if such removal shall not be made wlthm the tlme specified by the Clty, the Clty shalllmpose a penalty m the sum of One Hundred Dollars ($10000) per day for each and every day that such temporary encroachment lS allowed to contmue thereafter, and, shall collect such compensatwn and penaltles m any manner provlded by law for the collectwn of local or state taxes June 24,2003 - 39- Item V-K.3. RESOLUTIONS/ORDINANCES ITEM # 51343 (Continued) V otmg 11-0 (By Consent) Council Members Votmg Aye Harry E Diezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votmg Nay None Counczl Members Absent None June 24, 2003 1 Requested by Department of Public Works 2 AN ORDINANCE TO 3 AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A 5 PORTION OF THE CITY'S 6 PROPERTY KNOWN AS LAKE 7 RUDEE BY PAUL S SAWYER 8 AND DENA HIGH SAWYER, 9 THEIR HEIRS, ASSIGN AND 10 SUCCESSORS IN TITLE 11 WHEREAS, PAUL S. SAWYER AND DENA HIGH SAWYER, desire to 12 construct and maintain a fixed pier, an aluminum ramp, a floating pier, a boat lift, and four 13 (4) piles upon the City's property known as Lake Rudee. 14 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2- 15 2107, Code ofVirgima, 1950, as amended, to authorize a temporary encroachment upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained In 99 15 2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, PAUL S SAWYER AND DENA 21 HIGH SAWYER, their heirs, assigns and successors In title are authOrized to construct and 22 maintain a temporary encroachment for a fixed pier, an aluminum ramp, a floating pier, a 23 boat lift, and four (4) piles upon the City's property known as Lake Rudee as shown on that 24 certain plat entitled "ENCROACHMENT REQUEST PROPOSED PRIVATE PIER FOR 25 PAUL S. SAYER LOT A, RESUB. LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS 26 BEACH DISTRICT VIRGINIA BEACH, VA (INST. NO 20020820301176) DATE: 27 FEBRUARY 22,2003", a copy of which is on file in the Department of Public Works and 28 to which reference is made for a more particular description; and 29 BE IT FURTHER ORDAINED, thatthe temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the City 31 of Virginia Beach and PAUL S. SAWYER and DENA HIGH SAWYER (the "Agreement"), 32 which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized 34 designee is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be In effect until 36 such time as PAUL S. SAWYER and DENA HIGH SAWYER and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on th~ 4 th 39 day of June ,2003. 40 APPROVED AS TO CONTENTS 41 ~[(y' (', cY(u.v /1?r.. 42 SIGNATURE 43 PLtl R~f EdCJ: 44 DEPARTMENT 45 TO LEGAL 46 FORM 47 48 49 CA- S 0 PREPARED May 20, 2003 51 H \WP8\KENNEDY\ENCS\sawyer ord wpd I l PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this 1;;o+t- day of AfC\ \ , I 20C~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and PAUL S. SAWYER and DENA HIGH SAWYER, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: THAT, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: "Lot A, Block 40 (a Re-Subdivision of Lots 1 thru 5 in Blk. 40, M.B. 7, PG. 14), Subdivision of Shadowlawn Heights, Instrument No. 200208203019176", and being further designated and described as 7 Caribbean Ave., Virginia Beach, VA 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a fixed pier, an aluminum ramp, a floating pier, a boat lift, and four (4) piles, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the i I I 1 I i! "Encroachment Area"; and the Grantee has requested that the city permit a Temporary Encroachment within the Encroachment Area. , I I! I I ; ; ,; GPIN: 2427-00-3907 , " , } i , , ~ i ! i I I NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the city's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST PROPOSED PRIVATE PIER FOR PAUL S. SAWYER LOT A, RESUB. LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (INST. NO. 200208203019176) DATE: FEBRUARY 22, 2003", a copy of which is attached hereto as Exhibit II All to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice I, II , I i i ! I 11 I' I; I! , ' I I I' , ( I t Ii I' f! I; by the city to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and ; I I, 2 , j 11 l; , 1 It I I expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the I II I ! I I i ! I i I ! I Ii 'I ! I j I ! I i I I ~ I' I ! f Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with their engineer's cost estimate. It is further expressly understood and agreed that the Grantee must obtain an approved Joint Permit Application from the Waterfront Operations Division of the Planning Department. The Grantee also agrees to obtain a waterfront construction permit from the aforementioned agency before beginning any work within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed I , , necessary by the City, and all insurance policies must name the 3 ~ I , ! I I: t I I I i I I I I I I I City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance pol icies. The Grantee assumes all responsibilities and liabilities, vested or II I contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the city. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer I I or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the I Engineering Division of the Department of Public utilities. , I II It is further expressly understood and agreed that the II I' city, upon revocation of such authority and permission so I I II granted, may remove the Temporary Encroachment and charge the : ! cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, I I I pending such removal, the city may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real I' 4 I! ! I i I II property tax upon the land so occupied if it were owned by the f Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, PAUL S. SAWYER and DENA HIGH SAWYER, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. I I I I I I i II I' II II ! I I ~ , I , I I I , I , I ( I CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager ( SEAL) ATTEST: ( SEAL) City Clerk ---tSEAL) , ! I I 5 11 j; II II STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I I I I I I I I I I' II , I I' II II II Ii ,I Ii II The foregoing instrument was acknowledged before me this day of by , 20 City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. He/She is personally known to me. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me I ,I I " i I Ii I I I: II I! I I II I! I J II Ii ; I I I II II i' this day of , by , 20 RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF \' ; (- C' !-"_J I :\. , CITY/COUNTY of) \/'1" I l' j({ r\,-:-,uJ..\ )/\ , to-wit: >') The foregoing instrument was acknowledged before me this ~i)'1 \.-, day of rr)C\\/ , 20C"'.: >) ,by PAUL I S. SAWYER and DENA HIGH SAWYER, his wife. i! , I I' I: I' 11 11 1\ I /~ I ,.".' I " ..:- c/__~ i l My Commission Expires: (r L I:,' -,1 f "'y( '{ '.It f l 6 1 ! I' I. j. I j ! I I I I I I I, ! APPROVED AS TO II LEGAL SUFFICIENCY II ,() Ii o~~~~ I ~ I' I! I! I Ii I! I II I Ii , : t l; I 7)". 7 APPROVED AS TO CONTENT \blrlltd C. 02LL) ,(};>\. 6&TY REAL ESTATE AGENT i,:~' --+-M ~ LAKE RUDEE N/F CITY OF VIRGINIA BEACH , ~ OJ ~ "'" S g \ / ~ ~'v ,,0 ~ .J;:'V IPI=" A 18' D 47. E 59. I=" 66' G 56' RE-WORK EXISTING RIPRAP HATCHED I PI=" A 40' B 19' C 30. D 58' E 67. I=" 55. G 44' XI ()() '\; / '- I '- Ll...... S 1237'18" W L2 ~,25 59'04 W LJ : 3210'45' W " 1690' 3450 962' " '"en o ..,. CXl ~ LOT C :;. 2427-00-3810 345' '\ , L4 S 7606'05 W 1000' " \ 'L5 S 4809' 48" W " .~ " IPF LOT 6 2427-00-2080 LOT A 2427-00-3907 N R LOT 8 2427-00-3922 PROPOSED ~ 3 STY-FR ~ liJ Ll) (u Ie) o o Ll) CJ1 IPI=" IPF 345' a 0 to N IX) OJ 2 OJ . 0 OJ,.... ~ - GO U") ~ OJ ~ ~ ~ U") ~ 0 0 0 to to i.o 0 0 0 to to ~ ,.... " " z z z .. 5000. 3500' 71 94. CARIBBEAN AVENUE (50' R/W) <0 2002 WATERFRONT CONSULTING, INC ALL RIGHTS RESERVED VIEW SCALE 1" = 3D' WA TERFRONT CONSULTING, INC 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 313-9788 ENCROACHMENT REQUEST PROPOSED PRIVATE PEIR FOR PAUL S. SAWYER LOTS A. RESUS LOTS 1 THRU 5. BLK 40. SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (INST NO 200208203019176) DA TE FEBRUARY 22, 2003 ~,)(\1~B)~ \'AIJ) E-t - tIl ~ E-t -~ ...:.. ~ S -~ ~ ,.... H zt 8 ~ 0 -4" "'1 ~...'IL ..:I tIl \ ~ i H 8 ....~ H '... ",- i .. ... '\ ~..." -..... . :- :.. k ~ -, .--' I . .. .~i~ ,\ { , . lAKE RUDEE <3 Q~ .. _/\} . . /-,,\.-.. . .. r \ r'- '"', ;/, f ~ ( , '"' (" " ~,' (> " 71 " , k " ~ ,,' .~, , " " ~ . .' , , l..", ,..--.r'y-\-~ ' ,',' :,' L.;' .. ,-i.--l ,', ,. r< ' , v-~ ,', " ~---:' :' , ~a - - - -i;..("," ,.' ~ ~ '~' , " ~ ,J " ,~,""<': ,'," " , .e , , ....... ' " \ /:,' " " \, " ,. ..-.1./ ' , 1"... ' , I ( , , '.., , I .--l-: " ,. "," " ri " , ' ~ . I / ct" ," > " ", LOCATION MAP FOR ~'-1~ " /' // :><","" ENCROACHMENT FOR ~ '/""'"," PAUL S. SAWYER AND DENA HIGH SAWYER 7 CARIBBEAN AVENUE ,.- SCALE: 1" = 200' ,// .~" /.. ,.' ... ,;> / /~ '/ RESUBDIVIDE~/ ,/"",;.", LOTS ...,/ /// "",,"/' .,. ,/' . .'\/" ... ,") ..,/ // // ... lAKE RUDEE CARIBBEAN DGN M J 5 PREPARED BY pm ENG CADD DEPT MAY 20. 2003 - 40- Item V-K 4. RESOLUTIONS/ORDINANCES ITEM # 51344 Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordznance to ACCEPT and APPROPRIATE $1,599,750 from the Vlrgznza Comprehensive Services Act office to the FY 2002-03 operatzng budget of the Comprehensive Services Act (CSA) special revenue fund re mandated special education and foster care services V otzng 11-0 (By Consent) Council Members Votzng Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Votzng Nay None Council Members Absent None June 24, 2003 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $1,599,750 IN ADDITIONAL STATE FUNDS TO THE FY 2002-03 OPERATING BUDGET OF THE COMPREHENSIVE SERVICES ACT SPECIAL REVENUE FUND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 1. That $1,599,750 is hereby accepted from the State's 11 Comprehensive Services Act Office and appropriated to the FY 2002- 12 03 Operating Budget of the Comprehensive Services Act Special 13 Revenue Fund to fully fund required services for FY 2002-03. 14 2 . That estimated revenue from the Commonweal th of 15 Virginia is hereby increased by $1,599,750. 16 17 Adopted by the Council of the City of Virginia Beach, 18 Virginia on the 24th day of June , 2003. 19 20 Requires an affirmative vote by a major~ty of the members of 21 City Council. 22 CA-8906 Noncode/word/CSA FY 2002-03 ord.doc R2 June 12, 2003 DO~TQ~TENT Management Services APPROVED AS TO LEGAL SUFFICIENCY ~t[~/~ice - 41 - Item V-K 5. RESOLUTIONS/ORDINANCES ITEM # 51345 Upon motzon by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Ordznance to APPROPRIATE $145,569 zn addztzonal State revenue and $128, 760 of fund balance wzthzn the Sheriff's Department Speczal Revenue Fund zn the FY 2003-04 operatzng budget re compensation and purchase of additional equipment. V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24, 2003 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $274,329 TO THE SHERIFF'S DEPARTMENT FY 2003-04 OPERATING BUDGET TO ADDRESS COMPENSATION ISSUES AND PROVIDE FOR THE PURCHASE OF ADDITIONAL EQUIPMENT WHEREAS, the State has provided $142,950 to fund a 2.25% 11 increase In the salaries of sworn positions in the Sherlff's 12 Department effective December 1, 2003 along with an additional 13 $2,619 for the purchase of a computer terminal to perform 14 background checks; and 15 WHEREAS, to allow the 2.25% increase to become effective 16 July 1, 2003, the Sheriff will provide $128,760 from fund balance 17 In the Sheriff's Department Special Revenue Fund. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That $145,569 in additional state revenue and $128,760 21 of fund balance from the Sheriff's Department Special Revenue 22 Funds is hereby appropriated to the Sheriff's Department Speclal 23 Revenue Fund in the FY 2003-04 Operating Budget to fund salary 24 adjustments effective July 1, 2003 and for offlce equipment. 25 2. That the City will maintain starting salaries wlthln 26 the Sheriff's Department at least 90% of starting salarles 27 for comparable Police positions. 28 3. That, In the FY 2003-04 Operating budget, estlmated 29 revenue from the state government is hereby increased by $145,569 30 and estimated revenue from the fund balance of the Sherlff's 31 Department Special Revenue Fund is hereby increased by $128,760. 32 Adopted by the Council of the City of Virginla Beach, 33 Virginia on the 24th day of June 2003. 34 35 36 37 38 39 40 41 APPROVED AS TO CONTENT ~CIENCY",/ ~~a'5A_ APPROVED AS TO LEGAL ~(~\\)r. Department of Management Services Department of Law - 42- Item V-K 6. RESOLUTIONS/ORDINANCES ITEM # 51346 Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Ordmance to APPROPRIATE $5,450 m czvzl charges collected from the Wetlands and Coastal Primary Sand Dune ordmance VIOlatIOns to the Department of Agriculture's FY 2002-03 operatmg budget re environmental restoration and habitat enhancement projects V otmg 11-0 (By Consent) Counczl Members Votmg Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUis R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votmg Nay None Counczl Members Absent None June 24,2003 1 AN ORDINANCE TO APPROPRIATE $5,450 IN 2 CIVIL CHARGES COLLECTED FROM WETLANDS AND 3 COASTAL PRIMARY SAND DUNE ZONING 4 ORDINANCE VIOLATIONS TO THE FY 2002-03 5 OPERATING BUDGET OF THE DEPARTMENT OF 6 AGRICULTURE TO BE USED FOR WETLANDS AND 7 COASTAL SAND DUNE RESTORATION AND 8 ENHANCEMENT PROJECTS 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 1. That $5,450 collected from Virginia Beach Wetlands 13 and Coastal Primary Sand Dune Zoning Ordinance violation charges 14 is hereby appropriated to the FY 2002-03 operating budget of the 15 Department of Agriculture for wetlands and coastal primary sand 16 dune restoration and enhancement projects. 17 2. That estimated revenue in the FY 2002-03 operating 18 budget from Virginia Beach Wetlands and Coastal Primary Sand Dune 19 Zoning Ordinance civil charges is increased by $5,450. 20 Adopted by the Council of the City of Virglnla Beach, 21 Virginia, on the 24th day of June, 2003. 22 23 Requires an aff~rmat~ve vote by a ma]or~ty of members 24 of City Council. CA8900 Noncode/Wetlands Civil Charges.ord.wpd Rl - June 9, 2003 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY ~s-~ City Attorn~ Offi~ jJ~Q. - 43- Item V-K 7. RESOLUTIONS/ORDINANCES ITEM # 51347 Upon motIOn by V,ce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl ADOPTED: Ordznance to TRANSFER $18,000 to the FY 2002-03 MUnicIpal CouncIl DonatIOns account zn behalf of the Virginia Beach Public Schools Education Foundation V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dlezel, Margaret L Eure, V,ce Mayor LoUIs R Jones, Reba S McClanan, RlchardA Maddox, Mayor Meyera E Oberndorf, JIm Reeve, Peter W Schmidt, Ron A VIllanueva, Rosemary Wilson and James 1. Wood CounCIl Members Voting Nay None CounCIl Members Absent None June 24,2003 1 AN ORDINANCE DONATING $18,000 TO 2 THE VIRGINIA BEACH PUBLIC SCHOOLS 3 EDUCATION FOUNDATION 4 WHEREAS, the City has previously established the salary 5 of the Beach District Councilmember at zero dollars ($0) per annum; 6 WHEREAS, on July 2, 2003, an amount equal to a 7 Councilmember's salary ($18,000) was transferred from the FY 2002- 8 03 Municipal Council Salaries account to the FY 2002-03 Council 9 Donations account; and 10 WHEREAS, the City Council desires to donate these funds 11 to the Virginia Beach Public Schools Education Foundation, a tax 12 exempt non-profit organization. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, Virginia: 15 That $18,000 in the FY 2002-03 Council Donations account is 16 hereby donated to the Virginia Beach Public Schools Education 17 Foundation, as authorized by Virginia Code ~ 15.2-953. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the 24th day of June , 2003. CA-8856 F:\Data\ATY\Ordin\VBSchoolsEducationFoundation.ord.wpd R4 _ June 16, 2003 Approved as to Content: Approved as to Legal Sufficiency: ~<) ~Jj J ,~~\}~ Management Services \ ~tS Ji~ FORM NO P S 18 Cit:v ~f Virgir1ia Beach INTER-OFFICE CORRESPONDENCE DATE: July 3, 2003 TO: LeslIe L. Lilley William M. Macali rIfU1 DEPT: City Attorney FROM: DEPT: City Attorney RE: Inadvertent FaIlure to PublIsh NotIces You have asked me to determIne the legal effect of the Vzrgznzan-Pzlot's inadvertent faIlure to publish the second of two legal notices of public hearings for planning agenda Items scheduled on the CIty Council's June 24 agenda. The notices were to be publIshed on June 8th and June 15th, but only the June 8th notice actually appeared. Under applIcable deciSIons of the Virginia Supreme Court, the City Council's actIons are VOId ab znztzo Czty of Alexandrza v Potomac Greens Assoczates Partnershzp, 245 Va. 371 (1993). Each ltem which was required to be advertised once per week for two successive weeks must be readvertised twIce, since more than one week has already elapsed since the first publication appeared on June 8th. WMM Enclosure - 44- Item V-L. PLANNING ITEM # 51348 1. TRACY REDBURN 2. KEMPSVILLE BUILDING MATERIALS, INC. 3. RACHAEL A. SPRINGER 4. MOSE MAST - VIRGINIA BEACH MARBLE CO. 5. GRAND SLAM USA 6. WAL-MART REAL ESTATE BUSINESS TRUST 7. JOSEPH G. PIPER 8. TRITON PCS/SUNCOM 9. CITY OF VIRGINIA BEACH NONCONFORMING USE STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT VARIANCE CHANGE OF ZONING MODIFICATION TO THE GREEN RUN LAND USE PLAN AMENDMENT TO THE SUBDIVISION ORDINANCE re width of sidewalks June 24,2003 - 45- Item V-L. PLANNING ITEM # 51349 Upon motIOn by VIce Mayor Jones, seconded by CouncIlman Maddox, CIty CouncIl APPROVED IN ONE MOTION Items l(ALLOWED WITHDRAWAL), 2,4,5,6, 7 (ALLOWED WITHDRAWAL), 8 AND 9 of the PLANNING BY CONSENT AGENDA. ItemL 1. (REDBURN) was WITHDRAWN, BY CONSENT ItemL 7 (PIPER) was WITHDRAWN, BY CONSENT V otmg 11-0 (By Consent) CouncIl Members Votmg Aye Harry E Dlezel, Margaret L Eure, V,ce Mayor LoUls R Jones, Reba S McClanan, R,chard A. Maddox, Mayor Meyera E Oberndorf, JIm Reeve, Peter W SchmIdt, Ron A VIllanueva, Rosemary W,lson and James L Wood CouncIl Members Votmg Nay None CouncIl Members Absent None V,ce Mayor Jones ABSTAINED on Item L 2 (KEMPSVILLE BUILDING MATERIALS, INC), as hIs property IS adjacent to that of the applIcatIOn V,ce Mayor Jones ABSTAINED on Item L 5 (GRAND SLAM USA), as hIs funeral home property IS adjacent to the applicatIOn CouncIl Lady McClanan voted a VERBAL NAY on Item L 5 (GRAND SLAM) June 24, 2003 - 46- Item V-L.I. PLANNING ITEM # 51349 Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Cay Counczl ALLOWED WITHDRA W AL of the applzcatzon ofTRA CY REDB URN re expansIOn of a nonconformznf! use to construct a garage for the one story structure at 615 Twenty-Szxth Street ORDINANCE UPON APPLICATION OF TRACY REDBURN FOR THE EXPANSION OF A NONCONFORMING USE Ordznance upon Applzcatzon of Tracy Redburn for the ExpansIOn of a Nonconformznf! Use on property located at 615 2(jh Street (GP IN 2 418808071) DISTRICT 6 - BEACH V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay. None Counczl Members Absent None June 24,2003 - 47- Item V-L.2. PLANNING ITEM # 51350 Upon motzon by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordznance upon applzcatzon of KEMPSVILLE BUILDING MA TERIALS, INC. re dlscontznuance. closure and abandonment of a portzon of Denn Lane Ordznance upon appllcatzon of Kempsville BUlldmg Materzals, Inc for the dlscontmuance, closure and abandonment of a portIOn of Denn Lane located on the north Side of Southern Boulevard, 250 feet west of Jersey Avenue DISTRICT 2 - KEMPSVILLE The followmg condltzons shall be required 1 The City Attorney's Office shall make the final determmatzon regardmg ownership of the underlymgfee The purchase przce to be paid to the City shall be determmed accordmg to the "Polzcy Regardmg Purchase of City 's Interest zn Streets Pursuant to Street Closures, " approved by City Council Copies of the polzcy are available m the Plannzng Department 2 The applicant shall resubdlVlde the property and vacate mternallot lmes to incorporate the closed area mto the adjoznzng parcels The plat shall be submitted and approved for recordatzon prIOr to final street closure approval 3 The applzcant shall verify that no przvate utllztles eXist wlthm the rzght-of- way proposed for closure Prelzmmary comments from Dommzon Vlrglnza Power and Vlrgmla Natural Gas mdlcate that there are none of their facilities wlthm the rzght-of-way proposed for closure Prelzmmary comments from HRSD mdlcate that there are facilities m the surroundmg area and the applzcant must verify any easement requirements prIOr to submittal of the final plat 4 Closure of the rzght-of-way shall be contmgent upon complzance with the above stated conditions wlthzn 365 days of approval by City CounCil If the condltzons noted above are not accomplished and the final plat IS not approved wlthm one year of the City CounCil vote to close the right-of- way, this approval shall be considered null and VOId June 24,2003 - 48- Item V-L.2. PLANNING ITEM # 51350 (Continued) V otmg 10-0 (By Consent) Council Members Votmg Aye Harry E Dlezel, Margaret L Eure, Reba S McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Jlm Reeve, Peter W Schmldt, Ron A Vlllanueva, Rosemary Wllson and James L Wood Counczl Members Votmg Nay None Counczl Members Abstammg Vlce Mayor Louls R Jones Councll Members Absent. None Vlce Mayor Jones ABSTAINED on Item L 2 (KEMPSVILLE BUILDING MATERIALS, INC , as hls property lS adjacent to the applzcation June 24,2003 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS DENN LANE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "R/W CLOSURE EXHIBIT OF THE EASTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID PLACE AND THE WESTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 33, BLOCK 49, EUCLID PLACE FOR KEMPSVILLE BUILDING MATERIALS, VIRIGNIA BEACH, VIRGINIA" A COpy OF WHICH IS ATIACHED HERETO AS EXHIBIT A. WHEREAS, Kempsville Building Materials, Inc. applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the Judgment of the CouncIl that said street be dIscontinued, closed, and vacated, subject to certain conditions havIng been met on or before One (1) year from City Council's adoption of tlus Ordinance; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of V uginIa Beach, Virginia, that the hereInafter descnbed street be discontInued, closed and vacated, subject to certain conditlons beIng met on or before One (1) year from City Council's adoptIon of thIS ordInance: GPIN: (1467-84-5350, 1467-84-4898 and 1467-84-1392) All that certaIn piece or parcel of land SItuate, lying and beIng in the CIty of VirgInIa Beach, Virginia, designated and described as "WESTERN Y2 OF DENN LANE TO BE CLOSED" and "EASTERN Y2 OF DENN LANE TO BE CLOSED" shown as the cross-hatched area on that certain plat entitled: "RJW CLOSURE EXHffiIT OF THE EASTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID PLACE AND THE WESTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 33, BLOCK 49, EUCLID PLACE FOR KEMPSVn...LE BUn...DING MATERIALS, VIRIGNIA BEACH, VIRGINIA", Scale: 1 "=30', dated Apnl 02, 2003, prepared by Kellam-Gerwitz EngIneering, Inc , a copy of which is attached hereto as Exhibit A. SECTION n The following conditions must be met on or before One (1) year from CIty CouncIl's adoption of this ordinance: 1. The City Attorney's Office WIll make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be detennined according to the "Pohcy Regarding Purchase of City's Interest In Streets Pursuant to Street Closures," approved by City CounCIl. Copies of SaId policy are available In the Planning Department. 2. The applicant shall resubdivIde the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdIvision plat shall be submitted and approved for recordatIon pnor to final street closure approval. 3. The applIcant shall verify that no private utilitIes eXIst within the nght-of-way proposed for closure. Prelinunary comments from the utilIty companIes indicate that there are no pnvate utIlItIes WIthIn the nght-of-way proposed for closure. If pnvate utIlItIes do exist, the applicant shall prOVIde easements satIsfactory to the utilIty companIes. 4. Closure of the nght-of-way shall be contIngent upon complIance WIth the above stated conditions WIthIn 365 days of approval by City CounCIl. If all condItions noted above are not in compliance and the final plat IS not approved WIthIn one year of the CIty CouncIl vote to close the street, thIS approval wIll be considered null and VOId. 1. THIS EXHIBIT IS BASED ON DOCUMENTS OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY NOR A GRAPHIC SCALE SUBDIVISION OF LAND. A FIELD SURVEY HAS NOT BEEN PERFORMED. 15 0 15 30 60 k..-_-L-~ I I 2. THIS EXHIBIT IS INTENDED TO DEPICT FEET THE PROPOSED R/W TO BE CLOSED 1 INCH = 30 FEET ABOUT THE PROPERTY SHOWN HEREON AND IS NOT INTENDED FOR ANY OTHER mAN GENERAL REFERENCE. 28 ~~~ 12 ~ -- -g~ - ~:z~~ -- -- ___"'t ~~:s: I 29 CO ~:Z~\J ~ 13 oZ-J UCQ l&JL.I..J::> -- l ~ a~ - 0- - -- -- --~ I ~1(.1 TO BE CO 14 30 -- ---- VACA TED - -- -- (TYP) 31 15 -- -- 32 76 I I "I I I I I I I I I I I I I R/W TO BE I I VACA TED , I I I I I I I I I I 35 I 34 I 42 47 I 40 I I I I I I I I I I I I I I I I I I I S 89.48'15"~ 615.58' WESTERL Y M OF DENN LANE TO BE CLOSED SOUTHERN BOULEVARD IV VAR WIDTH R/W IV M B. 4. P. 63 (M.B. 4, P. 63) V020B5JWD<H dwg SCALE: 1- "'" 30' 02 APRIL. 200.3 TMF /wcg R/W CLOSURE EXHIBIT OF The easterly 25' portIon of Denn Lane adjacent to Lot 42, I II KELLAM - G ERWITZ Block 48, EucIJd Place and the westerly 25' portIOn of Denn I ~ - (G ENGINEERING INC. Lane adjacent to Lot 33, Block 49, Euclid Place N - - ENGlNEERING-SUR~NG-PLANNING FOR I , r ~oo CENTRAL DRIVE KEMPSVILLE BUILDING MA TERIALS VIRGINIA ~Jt~~~A 234S4 VIRGINIA BEACH VIRGINIA (757)30-0828 \ EASTERL Y J2 OF ~ DENN LANE TO BE CLOSED SECTION ill 1. If the precedIng conditIons are not fulfilled on or before June 23, 2004, this Ordinance wIll be deemed null and void without further actIon by the CIty Councll. 2. If all conditIons are met on or before June 23,2004, the date affinal closure is the date the street closure ordInance IS recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed In the Clerk's Office of the Circuit Court of the City of VirginIa Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of VirginIa Beach, V ugInia, on thIS 24th day of June , 2003. CA-8738 May 22, 2003 F \Data\ATY\Forms\Street Closure\WORKING\CA8738 ORD doc APPROVED AS TO CONTENT ~ S'"~Z.~.6-S ~ Planmng Department APPROVEDASTOLEG~_ W~3 City Attorney 3 - 49- Item V-L.3. PLANNING ITEM # 51351 Rachael Sprmger, 5544 Hatteras Road, Phone 333-2752, represented her applzcation and dlstrzbuted a letter of support from Dr Cynthza L Branch, her dogs' vetermarzan, a petitIOn and a schematic of the plantmg bed Upon motIOn by Councilman Dlezel, seconded by Councilman Schmidt, City Counczl ADOPTED an Ordmance upon apPlzcatzon of RACHAEL A. SPRINGER for a ConditIOnal Use Permit ORDINANCE UPON APPLICATION OF RACHAEL A SPRINGER FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL Z060331106 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Applzcatzon of Rachael A Sprmger for a ConditIOnal Use Permit for a reSidential kennel on property located at 5544 Hatteras Road (GPIN 1467128236) DISTRICT 2 - KEMPSVILLE The followmg conditions shall be required 1 No more than seven adult dogs (over SIX months of age) shall be kept on the property at any time No breedmg, groommg, or boardmg of any other dogs for monetary or non-monetary purposes shall be permitted 2 A mlmmum three-foot plantmg bed shall be mstalled adjacent to the natural area on the northwest side of the property The bed shall be consistent With Chesapeake Bay PreservatIOn Area (CBP A) Plantmg Bed drawmg available at the Planmng Department's Development Services Center 3 Dog lztter shall be picked up and disposed of on a dally basis. 4 The ConditIOnal Use Permit shall be reviewed on an annual baSIS This Ordmance shall be effective m accordance With SectIOn 107 (j) of the Zomng Ordmance Adopted by the CounCil of the City of Vlrglma Beach, Virginia, on the Twenty-fourth of June, Two Thousand Three June 24,2003 - 50- Item V-L.3. PLANNING ITEM # 51351 (Continued) Votmg 9-2 Council Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva and Rosemary Wilson Counczl Members Votmg Nay Reba S McClanan and James L Wood Council Members Absent None June 24, 2003 - 51 - Item V-L.4. PLANNING ITEM # 51352 Upon motIOn by Vice Mayor Jones, seconded by Counczlman Maddox, City Council ADOPTED an Ordmance upon applzcatlOn ofMOSE MAST - VIRGINIA BEACH MARBLE CO. for a ConditIOnal Use Permit re a bulk storage yard ORDINANCE UPON APPLICATION OF MOSE MAST - VIRGINIA BEACH MARBLE CO FORA CONDITIONAL USE PERMIT Z060331107 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon ApplicatIOn of Mose Mast - Vlrglma Beach Marble Co for a ConditIOnal Use Permit for a bulk storage yard on property located at 506 V,kmg Drzve (GPIN 1497507390) DISTRICT 6 - BEACH The followmg conditIOns shall be required 1 A solzd fence at least SIX feet m height and Category VI landscapmg shall be provided along the entire perzmeter of the bulk storage area, except for necessary Ingress/egress 2 The locatIOn of the access gate for the storage area shall be shown on the final site plan 3 ConstructIOn of the bulk storage yard shall be completed wlthm 90 days of ConditIOnal Use Permit approval Tilt; Jel1h-t, aile, j (ul I e,~tly 0l10, t;d ih t,',e pal kt,tg a, ea 011 tlte Jde Ol}~a:Z he , t;mOved t-vd;~m J8 duy'J uf comp:etiOtl of the hulk Jto, uge yal d This Ordmance shall be effective m accordance with SectIOn 107 (f) of the Zomng Ordmance Adopted by the CounCil of the City of Vlrglnza Beach, V,rgmza, on the Twenty-fourth of June, Two Thousand Three Votmg 11-0 (By Consent) CounCil Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vice Mayor LOUlS R Jones, Reba S McClanan, RlchardA Maddox, Mayor MeyeraE Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood CounCil Members Votmg Nay None CounCil Members Absent None June 24, 2003 - 52- Item V-L.5. PLANNING ITEM # 51353 Upon motIOn by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordmance upon applzcatzon of GRAND SLAM USA for a ConditIOnal Use Permit ORDINANCE UPON APPLICATION OF GRAND SLAM USA FOR A CONDITIONAL USE PERMIT Z060331108 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon Applzcatzon of Grand Slam USA for a ConditIOnal Use Permit for a commerczal recreatIOnal facllzty other than those of an outdoor nature (baseball/softball) on property located at 3636 Vlrgmza Beach Boulevard, SUite 107 (GPIN 1487549708). DISTRICT 5 -LYNNHAVEN The followmg conditIOns shall be reqUired 1 A Certificate of Occupancy shall be obtamed from the BUlldmg Officzal before the Issuance of any busmess lzcense or buildmg permit assoczated with the request 2 No storage or repair of recreatIOnal equipment shall be permitted outside the bUlldmg 3 No additIOnal site lzghtmg shall be mstalled beyond that needed for site securzty, all of which shall be shielded away from all adjozmng properties This Ordmance shall be effective m accordance with SectIOn 107 (j) of the Zomng Ordmance Adopted by the Council of the City of Vlrglma Beach, Vlrgmza, on the Twenty-fourth of June, Two Thousand Three June 24,2003 - 53- Item V-L.5. PLANNING ITEM # 51353 (Continued) V otmg 9-1 (By Consent) Council Members Votmg Aye Harry E Dlezel, Margaret L Eure, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Votmg Nay Reba S McClanan Council Members Abstalmng Vice Mayor LOUlS R Jones Counczl Members Absent None Vice Mayor Jones ABSTAINED on Item L 5 (GRAND SLAM USA), as his funeral home property IS adjacent to that of the applzcatlOn June 24,2003 - 54- Item V-L.6. PLANNING ITEM # 51354 Upon motlOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED an Ordmance upon ApplzcatlOn of W AL-MART REAL ESTATE BUSINESS TRUST for a CondztlOnal Use Permzt ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY ON PROPERTY Z060331109 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordmance upon ApplzcatlOn of Wal-Mart Real Estate Business Trust for a CondztlOnal Use Permzt for a bulk storage faczlzty on property located at 1149 Nzmmo Parkway (GPIN # 2414-25-6765) DISTRICT 7 - PRINCESS ANNE The followmg condztlOns shall be requzred 1 The seasonal sales areas and the pallet and recyclable cardboard storage area shall be located on the szte as depicted on the submztted szte plan tztled "WAL-MART SUPER CENTER, RED MILL COMMONS, SITE LA YOUT", dated 02/25/03, and prepared by Kzmley-Horn and Assoczates 2 The seasonal sales areas shall be delmeated by a decoratzve wrought zron fence, not less than szx (6)feet m hezght, wzth Category I shrubs planted on the outszde of the fence The applzcant shall obtam a varzance from the Board of Zonzng Appeals for the use of thzs m lzeu of the Category VI fencmg requzrement 3 The palette and recyclable cardboard storage area shall be screened as depzcted on the submztted szte plan tztled "WAL-MART SUPER CENTER, RED MILL COMMONS, SITE LA YOUT", dated 02/25/03, and prepared by Kzmley-Horn and Assoczates. The applzcant shall obtam a varzance from the Board of Zonzng Appeals for the use of thzs m lzeu of the Category VI screenmg requzrement 4 The applzcant shall delmeate on-szte a crosswalk from the buzldmg / garden center area to the seasonal sales areas Staff wzll asszst the applzcant wzth the adequate wzdth and locations Thzs Ordmance shall be effectzve m accordance wzth SectlOn 107 (f) of the Zonmg Ordmance Adopted by the Counczl of the Czty of Vzrgznza Beach, Vzrgznza, on the Twenty-fourth of June, Two Thousand Three June 24,2003 - 55- Item V-L.6. PLANNING ITEM # 51354 (Continued) Voting 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE. Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members V otzng Nay None Counczl Members Absent None June 24,2003 - 56- Item V-L. 7. PLANNING ITEM # 51355 Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ALLOWED WITHDRA W AL of applzcatzons of JOSEPH G. PIPER to subdzvzde the exzstzng lot znto three (3) lots, wzth two (2) flag lots, at 2332 Seaboard Road wzth a Varzance to ~ 4 4(b) of the Subdzviszon Ordznance and a Chanf!e ofZonznf! Dzstrzct Classzficatzonfrom AG-2 Agrzcultural Dzstrzct to R-15 Reszdentzal Dzstrzct Deczszons of Admznzstratzve Officers zn regard to certazn elements of the Subdzvzszon Ordznance, Subdzvzszon for Joseph G Pzper Property zs located at 2332 Seaboard Road (GPIN 2404547746) DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATIONOF JOSEPHG PIPER FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO R-15 Ordznance upon Applzcatzon of Joseph G Pzper for a Change ofZonzng Dzstrzct Classzficatzon from AG-2 Agrzcultural Dzstrzct to R-15 Reszdentzal Dzstrzct on property located at 2332 Seaboard Road (GPIN 2404547746). DISTRICT 7 - PRINCESS ANNE V otzng 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24, 2003 - 57- Item V-L.B. PLANNING ITEM # 51356 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, Clty Council APPROVED Ordznance upon applzcatwn of TRITON PCS/SUNCOMfora MODIFICATIONTO THE GREEN RUN LAND USE PLAN Ordznance upon ApplicatIOn ofTrzton PCS/SunComfor a ModificatIOn to the Green Run Land Use Plan for a wireless commumcatwn tower on property located on the east side of Independence Boulevard, approximately 700 feet southeast of Nesbitt Drzve within an eXlstzng Vlrgznia Power substatIOn (GPIN 1485395034) DISTRICT 3 - ROSE HALL The purpose of the request IS to construct a 90-foot commumcatwn tower with a Domznzon Vlrglma Power substatIOn area 1 The tower and equipment shelter shall be constructed as depicted on the submitted site plan entitled HTrzton PCS Raw Land SubstatIOn, S Independence Blvd, Vlrglma Beach, VA 23455, " prepared by 02 Wireless, Inc, dated 11/15/02 However, the tower shall be designed to accommodate one additIOnal user A copy of the plan has been presented to City Counczl and IS on file zn the Plannzng Department 2 The tower structure design shall be modified to accommodate at least two antenna loads at different heights zn order to provide for future co-locatIOn opportumtles A revised structural report certifyzng that the tower IS capable of handlzng addltzonal antenna load at a specified height shall be provided with the detazled site plan 3 Landscapzng shall be znstalled as depicted on sheet Z8 of the submitted site plan Identified zn ConditIOn 1 above 4 The fence securzng the equipment shelter and tower shall match the eXlstzngfence at the substatIOn No barbed Wire, razor Wire, or electrificatIOn shall be permitted 5 The tower and antennae shall not exceed (mnety) 90 feet zn height 6 The commumcatwn tower shall be a standard gray color In the event that the Federal AViatIOn Admznistratzon or other lzcenszng entity requires that the tower be paznted another color, the height of the tower shall be reduced to a level that Will ellmznate the requirement that It be paznted June 24,2003 Item V-L.8. PLANNING Votmg - 58- ITEM # 51356 (Continued) 7 Unless a wazver zs obtazned from the Czty of Vzrgznza Beach Department of Commumcatzons and Informatzon Technology (COMIT), a radzo frequency emzsszons study (RF Study), conducted by a qualified engzneer lzcensed to practzce zn the Commonwealth of Vzrgznza, showzng that the zntended user(s) wzll not znterfere wzth any Czty of Vzrgzma Beach emergency commumcatzons faczlztzes, shall be provzded przor to szte plan approval for the tower and all subsequent users 8 In the event znterference wzth any Cztyemergency communzcatzons faczlztzes arzses from the users of thzs tower, the user(s) shall take all measures reasonably necessary to correct and elzmznate the znterference If the znterference cannot be elzmznated wzthzn a reasonable tzme, the user shallzmmedzately cease operatzon to the extent necessary to stop the znterference 9 Should the antennae cease to be used for a perzod of more than one (1) year, the applzcant shall remove the antennae and thezr supportmg towers and related equzpment 11-0 (By Consent) Counczl Members Votzng Aye Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24,2003 - 59- Item V-L.9. PLANNING ITEM # 51357 Upon motIOn by Vzce Mayor Jones, seconded by Counczlman Maddox, Czty Counczl ADOPTED: Ordznance to AMEND 9 5.6 of the Czty's Subdzvzszon Ordznance re the width of sidewalks. V otmg 11-0 (By Consent) Counczl Members Votmg Aye. Harry E Dzezel, Margaret L Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, RzchardA. Maddox, Mayor MeyeraE Oberndorf, JzmReeve, Peter W Schmzdt, Ron A Vzllanueva, Rosemary Wzlson and James L Wood Counczl Members V otmg Nay: None Counczl Members Absent None June 24, 2003 1 AN ORDINANCE TO AMEND THE SUBDIVISION 2 REGULATIONS PERTAINING TO SIDEWALKS 3 SECTION AMENDED: ~ 5.6 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That Section 5.6 of the Subdivision Regulations is hereby 7 amended and reordained to read as follows: 8 Sec. 5.6. Sidewalks. 9 Where constructed, sidewalks shall be in accord accordance 10 with the specifications and standards of the department of public 11 works, as approved by the council of the City of Virginia Beach and 12 the standards established bv the Americans With Disabilities Act. 13 (a) Sidewalks forty eigLt (40) il!cLes ill widtL or stIch 14 addi tiOI!(~l widtL as reqtIired b}? tLe director of plald!il!g or Lis 15 desigl!ee to TILatcL existil!g inlprovenLel!ts shall be constructed on 16 both sides of arterial or collector streets. The director of 17 plannina or his desianee mav reauire additional sidewalk width to 18 match existina improvements. 19 (b) Sidewalks fort}? eigLt (40) il!cLes il! widtl! shall be 20 constructed on both sides of minor streets within subdivisions 21 proposed for multiple-family or commercial use and may be required 22 on one (1) or both sides of minor streets in subdivisions proposed 23 for industrial use, if the director of planning finds such 24 requirement necessary in view of desirable continuity of flow of 25 substantial pedestrian traffic. The director of plannina or his 26 desianee may reauire additional sidewalk width to match existina 27 improvements. 28 (c) Sidewalks forty eigLt (40) illcLe~ ill ~idtL shall be 29 constructed on one ( 1 ) side of each minor street within 30 subdivisions proposed for one-family, two-family or townhouse 31 residential use and where minimum lot width requirements as 32 specified in the zoning ordinance are less than one hundred (100) 33 feet. As an exception to this requirement, no sidewalk is required 34 where not more than twenty-five (25) dwelling units could be 35 constructed on property served by the street. This applies only if 36 the street could not reasonably be extended to serve more dwelling 37 units. The director of plannina or his desianee may reauire 38 additional sidewalk width to match existina improvements. 39 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2003. CA-8864 DATA/ORDIN/PROPOSED/subreg05.6ord.wpd R2 - April 28, 2003 2 Item V-M.l. - 60- APPOINTMENTS ITEM#5l358 BY CONSENSUS, Czty Counczl RESCHEDULED thefollowing APPOINTMENTS: ARTS AND HUMANITIES COMMISSION BEACHESAND WATERWAYS COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SHORE DRIVE ADVISORY COMMITTEE TOWING ADVISORY BOARD YOUTH SERVICES COUNCIL June 24,2003 - 61 - ITEM # 51359 Mayor Meyera E Oberndorf entertamed a motIOn to permlt Clty Councll to conduct ltS CLOSED SESSION, pursuant to SectIOn 2 1-344( A), Code of Vlrglma, as amended, for the followmg purpose. PERSONNEL MA TTERS D,scusslOn, conslderatlOn or mtervlews of prospectlve candldates for employment, asslgnment, appointment, promotIOn, performance, demotIOn, salanes, dlsclplmmg, or reslgnatlOn of specific publzc officers, appomtees, or employees pursuant to SectIOn 2 2-3711 (A) (1) To Wlt. Appomtments Boards and CommlsslOns Arts and Humamtles CommlsslOn Beaches and Waterways CommlsslOn Hampton Roads Economlc Development Allzance Hampton Roads Planmng Dlstnct CommlSSlOn Parks and RecreatIOn CommlsslOn Performmg Arts Theatre Advlsory Commlttee Publzc Llbrary Board Shore Drzve Advlsory Commlttee Towmg Advlsory Board Youth Servlces Coordmatmg Counczl Annual Revlew of Performance of Counczl Appomtees PUBLICLY-HELD PROPERTY D,scusslOn or conslderatlOn of the acqulsltlOn of real property for a publzc purpose, or of the dlSposltlOn of publzcly-held real property, where d,scusslOn m an open meetmg would adversely affect the bargammg posltlOn or negotzatmg strategy of the publzc body pursuant to SectIOn 2 2-3711 (A) (3) AcqUlsltlOn/DlsposltlOn of Property - Bayslde Dlstnct - Beach Dlstnct - Prmcess Anne Dstnct Upon motIOn by Vlce Mayor Jones, seconded by Councllman Schmldt, Clty Councll voted to proceed into CLOSED SESSION (7:01 P.M.). Votmg 11-0 Councll Members Votmg Aye Harry E Dlezel, Margaret L Eure, Vlce Mayor LoUls R Jones, Reba S lvlcClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf, Jlm Reeve, Peter W Schmldt, Ron A Vlllanueva, Rosemary Wzlson and James L Wood Councll Members Votmg Nay None Councll Members Absent None (7:01 P.M. - 8:57 P.M.) June 24,2003 - 62- ITEM # 51360 Mayor Meyera E OberndorfRECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL m the City Council Conference Room, City Hall BUlldmg, on Tuesday, June 24, 2003, at 8 57 PM Council Members Present Harry E Dlezel, Margaret L Eure, Vice Mayor LoUls R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Ron A Villanueva, Rosemary Wilson and James L Wood Council Members Absent None June 24, 2003 - 63- CERTIFICATION OF CLOSED SESSION ITEM # 51361 Upon motIOn by Counczl Lady Eure, seconded by Counczlman Wood, Czty Counczl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only publzc buszness matters lawfully exempted from Open Meetzng requzrements by Vzrgznia law were dzscussed zn Closed SessIOn to whzch thzs certificatIOn resolutIOn applzes, AND, Only such publzc buszness matters as were zdentified zn the motIOn convenzng the Closed SessIOn were heard, dzscussed or conszdered by Vzrgznza Beach Czty Counczl Votzng" 11-0 Counczl Members Votzng Aye Harry E Dzezel, Margaret L. Eure, Vzce Mayor LoUls R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndorf, Jzm Reeve, Peter W Schmzdt, Ron A Vzllanueva Rosemary Wzlson and James L Wood Counczl Members Votzng Nay None Counczl Members Absent None June 24,2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened Into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 51359, page 61, and In accordance WIth the prOVISIOns of The Virginia Freedom of Information Act; and, WHEREAS: SectIon 2 2-3711 (A) of the Code ofVIrgmIa reqUIres a certification by the governmg body that such Closed SeSSIOn was conducted In conformIty WIth VIrgInIa law NOW, THEREFORE, BE IT RESOL YED: That the VIrgmIa Beach CIty CouncIl hereby certIfies that, to the best of each member's knowledge, (a) only pubhc bUSIness matters lawfully exempted from Open Meeting requIrements by VIrgInIa law were dIscussed In Closed SeSSIOn to whIch thIS certIficatIon resolutIOn apphes; and, (b) only such pubhc busmess matters as were IdentIfied m the motIon convenIng thIS Closed SeSSIOn were heard, dIscussed or consIdered by VIrgInIa Beach CIty CouncIl ~(bJt~,. J~ Ruth Hodges SmIth, MMC CIty Clerk June 24, 2003 - 64- Item v-p ADJOURNMENT ITEM # 51362 Mayor Meyera E Oberndorf DECLARED the Czty Counczl Meetzng ADJOURNED at 9:00 P.M. _c2l~__fl~~ Beverly 0 Hooks, CMC Chzef Deputy Czty Clerk 12 ___~ ~;ges Smzth, MMC Czty Clerk Meyera E Oberndorf Mayor City of Vzrgznza Beach Vzrgznza June 24, 2003