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Home My WebLink AboutJANUARY 18, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" ITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 ROBERT M. ("BOB ") DYER - Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 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, MMC, City Clerk 18 JANUARY 2005 I. CITY COUNCIL BRIEFING - Conference Room - 4:30 PM A. NATIONWIDE VIRGINIA BEACH OPEN Councilman Harry E. Diezel II. CITY MANAGER'S BRIEFING A. BEACH RENTAL SERVICES CONTRACT James B. Ricketts, Director, Convention and Visitors Bureau RECESS FOR DINNER 5:30 PM III. SPECIAL FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf 1. READING OF THE MAYOR'S CALL FOR FORMAL SESSION B. ROLL CALL OF CITY COUNCIL C. PUBLIC HEARING 1. JOINT LAND USE STUDY D. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 18 January 2005 Vice Mayor Louis Jones called to order the City Council Workshop re NATONWIDE VIRGINIA BEACH OPEN and BEACH RENTAL SERVICES CONTRACT in the Council Conference Room, City Hall, on Tuesday, January 18, 2005, at 4: 30 PM. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending the United States Conference of Mayors in Washington, D, C. representing the City and serving on two (2) strategic Committees] - 2- VICE MA YOR 'S COMMENTS ITEM # 53462 Vice Mayor Jones advised Mayor Oberndorf is attending the United States Conference of Mayors in Washington, D.C. She is representing the City and serves on two (2) strategic committees which required her presence. The Mayor's commitment and registration for this Conference were made months ago, She regrets very much to be absent today for discussion of these very important subjects; however, she will review the videos and carefully read the minutes upon her return and be prepared to respond to citizen concerns. January 18, 2005 - 3 - CITY COUNCIL BRIEFING NATIONWIDE VIRGINIA BEACH OPEN 4:30P.M. ITEM # 53463 The City Manager advised Council Members Diezel and Schmidt, had been working with the PGA on the possibility of a Nationwide Virginia Beach Open this Spring. Councilman Diezel advised he and Councilman Schmidt attended the Directors Meeting for the 2005 Nationwide PGA Tour with the express intent to ascertain how they received community and corporate sponsorships. They had anticipated mounting a campaign between now and the conventional date which would have been in September past the City's budget cycle. PGA indicated because of schedule problems, the only open date for this Tournament would be mid-April 2005. Councilman Diezel distributed a proposed Ordinance: Ordinance to APPROPRIATE $225,000 from the General Fund balance andAUTHORIZE the City Manager to enter into afinancial- sponsor agreement for the 2005 Nationwide PGA TOUR/Virginia Beach Open Councilman Harry Diezel advised Roy Clifton, Director of the Tournament was in attendance, In 1999, the PGA Tour and a host organization, the Boys and Girls Clubs of South Hampton Roads, entered into a five-year agreement (from 2000 through 2004) to host the B uy. COM Virginia Beach Open at TPC, Virginia Beach. When the agreement was signed, the City desired to be associated with that event through financial sponsorship. In 2003, the Boys and Girls Clubs of South Hampton Roads, with the permission of all parties, assigned their host organization responsibilities to the Tim Miller Foundation, a Virginia non-profit, non- stock corporation. In 2003, the PGA tour reached an agreement with Nationwide Insurance to replace BUYCOM as the tour sponsor, thus, the name of the golf tournament is now the Nationwide PGA TOUR/Virginia Beach Open, There are one year checkpoints in this particular contract which must be reviewed by both Economic Development and the City Council. Last year, the PGA had a willing buyer to purchase this local golf course and the buyer was willing to maintain the standards established by the Nationwide Tour and to continue to utilize this as a venue for this particular tour site. This purchase 'jell through". If the property is still for sale and a new buyer comes in there is no guarantee, the buyer will maintain the course for Tournament purposes. The recommendation is to also authorize the City Manager to execute the 2005 Sponsorship Agreement with up to four (4) additional one year terms, between the City of Virginia Beach, PGA TO UR, INC., Tim Miller Foundation and Tournament Players Club (TPC) of Virginia Beach, L.L.c. The contract will commence at $225,000 this year and in thefifthyear end at approximately $300,000. The bulk ofwhich will be handled by the Tim Miller Foundation, the primary sponsor for the last five (5) years. This Ordinance shall be scheduled for the City Council Session of January 25,2005. January 18, 2005 - 4 - CITY MANA GER 'S BRIEFING BEACH RENTAL SERVICES CONTRACT 4:45 P.M. ITEM # 53464 James B. Ricketts, Director - Convention and Visitors Bureau, advised on February 11, 2003, the determination was made to bid lifeguard services and beach equipment rentals separately. Subsequent to this action, because of resort responsibilities in terms of Franchises and Contracts Administration, Convention and Visitors Bureau was chosen to be the Contract Administrator. On January 29, 2004, the lifeguard services solicitation was advertised and the contract was awarded on December 9, 2004, to Kent Hinnant - VBLS (Virginia Beach Lifesaving Service). On September 9, 2004, the Beach Equipment Rental solicitation was advertised. General Provisions Issued as an Invitation to Bid (Award to highest responsive/responsible bidder) Provide for Beach Equipment Rental/Operations(s) in one or more of the following areas Resort Beach Sandbridge Beach 31 Ocean (enhanced services) - (Minimum Bid requirement: $150,000) - (No Minimum required) - (Minimum Bid requirement: $ 5,000) Bidder would pay City an annual permit fee Term of the Agreement is for three (3) years with an option to renew for two (2) additional one (1) year periods Operational Criteria Provisions Rental of rafts, chairs/loungers, umbrellas, boogie boards Enhanced services (upgraded equipment plus Cabanas, Life Jackets, Children Sand Toys) Posted price list (unchanged during the season) Hours of Operation 10:00 A.M. - 5:00 P.M. Memorial Day Weekend through Labor Day (Option for April 1 to October 1; 9:00 A.M. to 7:00 PM.) Training of Personnel in public relations; cultural diversity; set-up of equipment; safety procedures; maintenance of beach Operational plan approved by the City Provisions for enhanced services for Resort Beach January 18, 2005 -5- CITY MANA GER 'S BRIEFING BEACH RENTAL SERVICES CONTRACT ITEM # 53464 (Continued) Provisions Insurance/Surety 100% Performance Bond Comprehensive General Liability Insurance ($1.0-MILLION) Payment Schedule 25% due January 10, 2005 25% due June 30, 2005 50% due July 31,2005 Public Notice of Solicitation City's Bid Board Virginian-Pilot Internet and distributed through demandstar,com Virginia Minority Supplier Development Council Cox Cable Channel 47 Mailed to perspective rental operators on the East Coast (approx, 106) Receipt of Bids October 7, 2004 Bid Closing Date Four (4) Bidders responded: Resort Rentals, LLC Sunrise Beach Service, LLC (to be formed) Virginia Beach Resort Services (submitted two (2) bids) Ocean Rentals, Ltd Patricia Phillips, Director of Finance, advised re determination of a qualified bidder: Responsive Bidder: An individual who has submitted a bid which conforms in all material respects to the invitation for bid Non-Responsive Bidder: An individual who has submitted a bid which does not conform in the manner requested to the invitation for bid. Responsible Bidder: An individual who has the capability in all respects to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good faith performance and, if required, who has been pre-qualified. (In this case, a pre-qualification has not been required by the City) January 18,2005 - 6- C IT Y MANA G E R 'S B R IE FIN G BEACH RENTAL SERVICES CONTRACT ITEM # 53464 (Continued) Mr. Ricketts advised the Review Committee consisted of Ed Brazle Division Chief-Emergency Medical Services Michael Eason Convention and Visitors Bureau John McConnell Purchasing Copies of the Request for Proposal (RFP) were distributed in City Council's agenda packages, As there were three (3) separate bidders, the Committee had to agree on the three (3) different potions of the contract. In terms of the upscale product, there is mention in the bid product, This would be similar to 31 Ocean. The City Manager advised typically this item is not something upon which the City Council would vote. Bids are usually awarded by the Purchasing staff after their review and approval. Mrs, Phillips advised when the award is presented, the language can be strengthened re the upscale product service: "Grantee agrees they shall enter into good faith discussions with property owners immediately adjacent and the City Manager or his designee will approve any arrangements. " (Page 11). The City Manager advised before the Contract is signed with anyone, the City can make clear the intent is any of the hotels on the Oceanfront could have the enhanced service capabilities. The prospect of enhanced beach service at 31" Street was included initially in the invitation to bid and was discussed for a long period of time with City staff, hotel interests and the Council Liaisons District Chief Ed Brazle, Emergency Medical Services, advised when the City assumed the evening lifeguard service, equipment was purchased to take care of the night life guard program. However, this equipment does not have anything to do with engaging in rental operations. This equipment was strictly for safety and water rescue response, The public will be allowed to rent the enhanced equipment offered at 3rt Street. Only fifty percent (50%) of the equipment can be reservedfor hotel guests. The other fifty percent (50%) is on a "first-come ", "first- serve" basis. The Beach Rental contracts will be discussed further in CLOSED SESSION. January 18, 2005 - 7 - ITEM # 53465 Vice Mayor Louis R. Jones called to order the SPECIAL FORMAL SESSION for the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall, on Tuesday, January 18, 2005, at 5: 18 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending the United Stats Conference of Mayors in Washington, D.C. representing the City and serving on two (2) strategic Committees] January 18, 2005 -8- Item II-C ITEM # 53466 MAYOR'S CALL TO SPECIAL SESSION: The Vice Mayor read the CALL TO SPECIAL FORMAL AND THE AMENDED SPECIAL CALL TO CLOSED SESSION: "THE HONORABLE MEMBERS OF CITY COUNCIL: "In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 18,2005, at 6:00 PM, in the City Council Chamber, City Hall Building, 2401 Courthouse Drive. The regular Workshop shall convene at 4:00 P.M. in the City Council Conference Room, preceding the Public Hearing. "The purpose of the FORMAL SESSION will be to conduct a PUBLIC HEARING re the JOINT LAND USE PLAN recommendations, Sincerely, s/Meyera E. Oberndorf Mayor" AND, "THE HONORABLE MEMBERS OF CITY COUNCIL "In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, as an amendment to the SPECIAL FORMAL SESSION of January 18, 2005, I hereby call for a CLOSED SESSION, in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. The CLOSED SESSION will be at the conclusion of the regular City Council Workshop commencing at 4:30 PM, and prior to the SPECIAL FORMAL SESSION at 6:00 P.M, The purpose of the CLOSED SESSION will be to address Beach Rental Contracts. " Sincerely, s/Meyera E. Oberndorf Mayor" January 18, 2005 City e>f Virgir1ia. Bea.ch MEYERA E. OBERNDORF MAYOR January 5, 2005 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 MOBERNDO@VBGOVCOM THE HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL on Tuesday, January 18, 2005, at 6:00 PM in the City Council Chamber, City Hall Building, 2401 Courthouse Drive. The regular Workshop shall convene at 4:00 P.M in the City Council Conference Room, preceding the Public Hearing. The purpose of the FORMAL SESSION will be to conduct a PUBLIC HEARING re the JOINT LAND USE PLAN recommendations. Sincerely, ~ Meyera E. Oberndorf Mayor cc: Mayor and Members of City Council James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, MMC, City Clerk Charles W. Meyer, Chief Operating Officer Susan Walston, Chief of Staff David Sullivan - Chief Information Officer Steven Thompson - Chief Financial Officer Diane Roche, Assistant to the City Manager for Communications and Media Relations City c::>f Virgir1ia Beach MEYERA E. OBERNDORF MAYOR January 14,2005 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 427-4581 FAX (757) 426-5699 MOBERNDO@VBGOV.COM THE HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, as an amendment to the SPECIAL FORMAL SESSION of January 18, 2005, I hereby call for a CLOSED SESSION, in the City Council Conference Room, City Hall Building, 2401 Courthouse Drive. The CLOSED SESSION will be at the conclusion of the regular City Council Workshop commencing at 4:30 P.M. and prior to the SPECIAL FORMAL SESSION at 6:00 P.M The purpose of the CLOSED SESSION will be to address Beach Rental Contracts. Sincerely, ~ Meyera E. Oberndorf Mayor cc: Mayor and Members of City Council James K. Spore, City Manager Leslie L. Lilley, City Attorney Ruth Hodges Smith, MMC, City Clerk Charles W. Meyer, Chief Operating Officer Susan Walston, Chief of Staff David Sullivan - Chief Information Officer Steven Thompson - Chief Financial Officer Diane Roche, Assistant to the City Manager for Communications and Media Relations - 9- ITEM # 53467 Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2,2-3711 (A)(7) , Beach Rental Contracts PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30). Beach Rental Contracts Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (5:20 P.M.). Voting: 7-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf [Attending the United States Conference of Mayors in Washington, D.C. representing the City and serving on two (2) strategic Committees} Peter W. Schmidt, Ron A, Villanueva and Rosemary Wilson (Closed Session: 5:20 P.M. - 5:45 P.M.) (Dinner: 5:45 P.M. - 6:10 P.M.) January 18, 2005 - 10- SPECIAL FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 18, 2005 6:12 P.M. Vice Mayor Louis R. Jones called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 18, 2005, at 6: 12 P,M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf Attending the United States Conference of Mayors in Washington, D.C. representing the City and serving on two (2) strategic Committees] PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA January 18, 2005 - 11 - Item III-C. CERTIFICATION OF CLOSED SESSION ITEM# 53468 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 18,2005 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 # 53467, page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. -- January 18,2005 - 12- ITEM # 53469 Vice Mayor Jones read into the record correspondence addressed to the Mayor from Senator Kenneth W. Stolle stating: "As Chair of the Joint Land Use Task Force established by City Council, I requested the City Attorney's office to DRAFT several pieces of legislation regarding the Joint Land Use Study. The legislation that was drafted included the following: (I) Increased noise disclosure requirements in residential sales; (2) increased noise disclosure in residential leasing; (3) increased noise attenuation requirements in commercial buildings and, (4) granting the City of Virginia Beach Power to Condemn Properties in Accident Potential Zones (APZ) around Naval Air Station Oceana. Because of the legislation filing deadlines for the 2005 General Assembly Session, I was required to pre-file allfour (4) pieces by 10:00 A.M. on January 12, 2005. As you know, the final Joint Land Use Study is not adopted by all three (3) City Councils as expected in November. Furthermore, I learned that the Virginia Beach City Council would hold a Public Comment Period to receive input on the DRAFT study. Because we have a consensus from the Stakeholders on the first three (3) items listed above, I will pursue them in the General Assembly Session. However, because of the controversy created over Item 4, which is the condemnation issue and the fact that City Council has not had the Public Comment Period, I will strike this piece of legislation at the Senate Courts of Justice Committee Meeting on Monday, January 17, 2005, the Committee that I Chair, It may be that when the City Council goes through the Public Comment process and adopts the final Joint Land Use Study such authority may be deemed appropriate for City Council. If the City Council requests this legislation next year, I will be happy to discuss it with them. I hope this information is helpful, please call if I can do any thing further. " January 18, 2005 - 13- CITY MANA GER 'S BRIEFING JOINT LAND USE STUDY (JLUS) 6:21 P.M. ITEM # 53470 Robert J Scott, Director - Planning, provided the status of the Joint Land Use Study and a list of possible actions was presented. In December 2002, the Department of Defense promulgated OPNA V instructions with recommendations to all localities in the United States as to land use surrounding military bases. In December 2003, the City Council adopted the new Comprehensive Plan, which was in perfect compliance with the Navy' AICUZ (Air Installations Compatible Use Zones) program, The Office of Economic Adjustment has advised our Joint Land Use Study (JLUS) is the largest and most complicated Study ever undertaken. Virginia Beach's partners in the JL US are Chesapeake, Norfolk and the United States Navy. The appointed Joint Land Use Task Force has focused these alternatives into twenty-four (24) specific points, the "heart and sole" of the Joint Land Use Study. These twenty-four (24) points have been, in many cases, assembled with the Navy's assistance. The TaskForce has met with Rear Admiral SA. Turcotte, Commander - Navy Region Mid-Atlantic, and his staff to discuss all points. The Air Installations Compatible Use Zones (AICUZ) Task Force endorsed these key points, JLUS - Virginia Beach Timeline Date Meeting Actions January 3, 2005 AICUZ Task Force Meeting Agree on key recommendations January 4, 2005 City Council Meeting City Council briefed on progress of AICUZ Task Force progress and pending JLUS actions January 18, 2005 City Council Public Hearing Comments received from public/stakeholder group representatives January 25, 2005 City Council Meeting City Council provides direction to Virginia Beach Policy Committee members to forward comments to Regional Policy Committee February 10,2005 Regional Policy Committee Decide on JLUS Meeting recommendations February 22,2005 City Council Meeting Prioritize and Vote on recommendations prioritize JLUS KEY POINTS I 1. Address land use compatibility issues in the following areas of priority: Accident Potential Zones Highest Noise Zone 75dB+ Other Noise Zones < 75dB January 18, 2005 - 14- CITY MANA GER 'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 53470 (Continued) II. 2. Assemble a *Resort Area Master Plan that includes jet noise and accident potential among the range of key factors. Plan to achieve the following: Recognize need to redevelop the area Continue prosperity of tourist industry and conventions industry Capitalize on construction of new convention center Add 3,000 more residential units to area Curtail development in the APZ's to match OPNA V Instruction guidelines III. 3. *Amend zoning ordinance to remove hotels and motels and possibly other defined uses as principal or conditional uses in the industrial districts or office districts where impacted by greater than 65dB 4, Infill development clearly defined and allowed in Primary Residential Areas 5, No residential density increase in noise zones greater than 75dB, except per infill rules 6. Residential rezonings in noise zones greater than 70dB held to lowest reasonable density given nature of surrounding development 7. Amend Zoning Ordinance to encourage cluster development where AICUZ lines cross individual properties. 8 Allow expansion of existing places of worship in the AICUZ area and advise against construction of new facilities, Neither should be allowed in APZ's IV 9. No increase in intensity of use in APZ'S when not in accord with the OPNA V Instructions 10. Subject to the establishment of an adequate funding program, purchase homes in APZ-2 from willing sellers at fair market value January 18, 2005 - 15 - CITY MANA GER 'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 53470 (Continued) 11. Subject to the establishment of Funding source from combined local, state and federal sources Eminent Domain authority An appropriate relocation plan A reuse plan consistent with the OPNA V guidelines, Condemnation of houses in APZ-1 systematically over time 12. Establish a Virginia Beach Redevelopment Strategy V. 13, Seek state enabling legislation to allow transfer of development rights to other parts of the Transition Area 14, Assemblefundingpackage of state ,federal and local funds to purchase from willing sellers affected property for open space in the greater than 70dB area of the Transition Area 15, City of Virginia Beach to seek adjustments in or expansion of Open Space, Agricultural Reserve and other programs to target portions of related funds for the purpose of acquiring land within a defined geographic corridor in the Transition Area 16. City of Virginia Beach and other affected Hampton Roads localities to seek federal funding source for purchase of certain conservation lands 17. Retain the Comprehensive Plan for the part of the Transition Area less than 75dB to keep density at no greater than 1 dwelling unit per acre, The Comprehensive Plan has never indicated that residential use is appropriate in noise zone >75dB VI 18. City of Virginia Beach to take the lead requesting a regional briefing by the FAA on selective application of FAR Part 150 provisions 19, Provide public access to regionally approved JL US VIA Navy website and City of Virginia Beach related elements via VBGOV.COM 20. Continue to include the Navy in school site selection decisions January 18, 2005 - 16- CITY MANAGER'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 53470 (Continued) 21. City of Virginia Beach and other affected Hampton Roads localities to pursue real estate disclosure of AICUZ and APZ zones to be part of the Multiple Listing Service data base 22. Request General Assembly to enable local governments to require interior noise attenuation for certain non- residential structures 23, Conduct a series of workshops and provide website information to increase public education of existing airport noise ordinance 24. Establish administrative processes to assist the Navy in enforcing the terms of its restrictive easements January 18, 2005 - 17- PUBLIC HEARING - JOINT LAND USE RECOMMENDATIONS SPECIAL CITY COUNCIL SESSION - January 18, 2005 ITEM # 53471 Vice Mayor Jones DECLARED A PUBLIC HEARING: JOINT LAND USE STUDY Thefollowing registered in SUPPORT of the JLUS KEY POINTS: Stephen J. McNulty, Vice Chairman - Government Affairs - Hampton Roads Chamber of Commerce, appreciated participating as a stakeholder re the JLUS Steven Davis, Vice President - Virginia Beach Vision and Chair of AICUZ Task Force, the 24 points are a beginning, not ending point, The Board's recommendation was to endorse the 24 points, taking into consideration the citizen comments at the Public Hearing. Michael Barrett, Phone: 422-1568, represented the Hampton Roads Association of Commercia I Real Estate, Member - Joint Land Use Task Force and assisted in the development of the recommendations Bob Sutherland, Hampton Roads Realtor's Association, Phone: 499-5911 Thefollowing registered in OPPOSITION to JLUS KEY POINTS 10 AND 11 re eminent domain: Tony Drew, 2424 Bullock Trail 23454, Phone: 431-1955, resident of Nottingham Estates, requested City Council provide a Referendum for vote by the citizens David Adams, 400 North Adventure Trail 23454, Phone: 498-3042, resident of Nottingham Estates Melissa Cotten, 1535 Michigan Avenue 23454, Phone: 417-0510, resident of Ocean a Gardens (Colonel Luxford built this 1943 home. His daughter, Louisa Luxford, a member of the School system lived in this house her entire life). Joellen Wright, 233 Roselynn Lane 23454, Phone; 425-7635, resident of Ocean a Gardens, single Mother Ronald Banzi, 444 North Adventure Trail, 23454, Phone: 340-7581, resident of Nottingham Estates since 1983, Lynnhaven Mall is partially in one of the APZ zones, referenced Senator Stolle's Senate Bill No.1 094 re eminent domain introduced Rod Church, 2421 Bullock Trail 23454, Phone: 463-1144, resident of Nottingham Estates, referenced Senator Stolle's Senate Bill No. 1094 re eminent domain. Janice Roller, 2444 EastChester Drive, 23454, Phone: 486-2854 Mary Strickland, 441 North Adventure Trail, 23454, Phone: 431-0977, resident of Nottingham Estates, raised in Oceana Gardens. Neighbors are family with a true sense of community Todd Holt, 2501 Dellwood Drive, 23454, Phone: 340-8268, resident of Brook Green Commons Samuel G. Reid, 1533 Virginia Beach Boulevard, 23454, Phone: 437-5648, resident of Ocean a Gardens, home built in 1915. Mr, Reid served 20 years in the Navy Emma E. Bell, 1604 Ohio Avenue, 23454, owner of several single family rental units in Ocean a Gardens Donald Blancher, Master Chief, Retired, 2513 South Adventure Trail, 23454, Phone: 431-1508, resident of Nottingham Estates Joyce Brehm, 2204 Pine View Court, 23456, Phone: 468-6424, resided in Ocean a Gardensfor 27 years, she and her Mother are co-owners on property in Ocean Gardens (currently resident of Pine Ridge) Betty Mills, 1516 Ohio Avenue, 23454, Phone: 428-4428, resident of Ocean a Gardens for 42 years, presented petitions in OPPOSITION to eminent domain which are hereby made a part of the record January 18, 2005 - 18- PUBLIC HEARING - JOINT LAND USE RECOMMENDATIONS SPECIAL CITY COUNCIL SESSION - January 18,2005 ITEM # 53471 (Continued) The following registered in OPPOSITION to JLUS KEY POINTS 10 AND 11 re eminent domain: Cheryl McClenny, 2248 Reuben Street, 23454, Phone: 431-4405, owns property in Gatewood Park, quoted previous Virginian-Pilot article by Jon Glass Christine Rubes, 2408 Millwood Road, 23454, Phone: 481-3793 Mike Linette, 2432 EastChester Drive, 23454, Phone: 486-6431, resident since 1976 of Cheltenham Square, which is a family oriented neighborhood Michael T. Sterlachini, 2461 EastChester, 23454, Phone: 340-4430, 30-year resident and cannot afford to move to another neighborhood as he is close to retirement Marian Linett, 2432 EastChester Drive, 23454, Phone: 486-6431, 28-year resident ofCheltenham Square, which has 47 original homes. Mrs, Linett referenced an insulting e-mail from Delegate Marshall of Manassas, Virginia, concerning their intelligence. Clyde Greene, USN, Retired, 2432 Bullock Trail, 23454, Phone: 431-0268,5 years ago moved to Nottingham South Herman Diener, 2460 Elon Drive, 23454, Phone: 340-4159, 20-year resident Lorraine Thorley, 2917 Cheria, 23453, Phone: 468-6071, represented Lamplight Manor David Gracie, 2532 South Adventure Trail, 23454, Phone: 486-8341, served 22 years in the Navy (retired Pilot), resident of Nottingham Estates, Statement of David and Martha Gracie is hereby made a part of the record Bill Lee, 3521 Indian River, 23456, Phone: 427-6404, resident of the Transition Area, advised JLUS has held Stakeholder meetings and stated some attendees were not allowed to speak. Gay Rehnback, 2232 Wolf Street, 23454, Phone: 340-0398, Gatewood Park neighborhood Milton Thompson, 440 North Adventure Trail, 23454, Phone: 340-0778, resident of Nottingham Estates Thomas Snyder, 222 Central Park Avenue, Site 1707, representing the Taylor Group of Virginia, Inc., Barbara T. Creech and Linda T. Chappell (collectively referred to as "Taylor Group") owners of approximately 1,235 acres. While restricted covenants have been taken by the Navy over a large portion of Taylor Group property, approximately 350 acres of their property have no restrictive covenants. The Taylor Group believes items 6 and 24 in the 24 Discussion Points should be deleted from prospective action. Statement is hereby made a part of the record Attorney Christopher Jacob, 2417 Bullock, 23454, Phone: 333-6881, new resident of Nottingham Estates Robert Harmon, 828 Sandoval Drive, 23454, Phone: 426-3185, resident of Ocean Lakes. His church group five years ago bought a piece of property on Dam Neck Road and they were told a church could not be built there. Sarah Rhode, 1133 Carver Avenue, 23451, resident of Morgan Terrace, presented petitions in OPPOSITION to SB 1094, which are hereby made a part of the record David Caveline, 2509 South Adventure Trail, 23454, Phone: 437-7061, resident of Nottingham Estates, retired from Military Brian Kirwin, 304 Cripple Creek Court, 23452, Phone: 463-0399, Second Vice President - Council of Civic Organizations, referenced the 93-page document entitled "Community Legislative Agenda" which does not contain eminent domain John Wade, Realtor, 2481 Elon Drive, 23454, Phone: 631-2803, resident ofCheltenham Square, requested information re how fair market value will be defined John Michello, 228 Matt Lane 23454, Phone: 422-6847, 27-year resident of Ocean a Gardens Harry Potter, 373 Springdale Drive, Bradenton, Florida, 34210, Phone: (941) 730-0643), long time resident of Princess Anne County, has had property for sale for 14 years on Princess Anne Road in the Transition area Ed Krueth, 2488 Cheltenham Court, 23454, Phone: 340-7418, 12-year resident ofCheltenham Square Norman Foster, 2416 East Chester Drive, 23454, Phone: 340-7676, resident ofCheltenham Square January 18, 2005 - 19- PUBLIC HEARING - JOINT LAND USE RECOMMENDATIONS SPECIAL CITY COUNCIL SESSION - January 18, 2005 ITEM # 53471 (Continued) The following registered in OPPOSITION to JLUS KEY POINTS 10 AND 11 re eminent domain: Denella Drennan, 2517 South Adventure Trail, 23454, Phone: 486-7641, resident of Nottingham Estates Jim Mansberger, 804 Brooke Road, 23454, Phone: 408-3032 Roy Gregory, 1029 Owl Creek, 23455, Phone: 422-2793, served in the Military and lifetime member of the United Nations Diana Fitzgerald, 201 Cheltenham Square, 23454 Kristy L. Bliss, 204 Cheltenham Square, 23454, Phone: 431-8855 Captain John Shick, 912 Duke of Suffolk Drive, 23452, Phone: 496-4147, Member - Citizens Concerned About Jet Noise (CCAJN), expressed concern re points in the JLUS plan. The FAA was not consulted nor requested to brief the Task Force Kim Johnson, 4412 Reynolds Drive, 23455, Phone: 639-4968, represented Citizens Concerned About Jet Noise (CCAJN) Yersal Argabright, 424 North Adventure Trail, 19-year resident of Nottingham Estates The following did not register but spoke in OPPOSITION: Frank Devaris, life-time resident, spoke against the taking of 6,000 homes Terry Straton, expressed concern re condemnation James Morris, does not reside in the areas involved, but urged consideration of homes Stephanie Crawford, expressed concern re condemnation, citizen since 1990 Allen Simmons, resident of Nottingham Estates There being no further speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING. January 18, 2005 - 20- ITEM # 53472 Vice Mayor Louis R, Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2,2-3711 (A)(7). Beach Rental Contracts PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30). Beach Rental Contracts Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (9:00 P.M.), after which to adjourn from the Conference Room. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E, Oberndorf [Attending the United States Conference of Mayors in Washington, D.C. representing the City and serving on two (2) strategic Committees} (Closed Session: 9:00 P.M. - 9:43 P.M.) January 18, 2005 - 21 - CERTIFICATION OF CLOSED SESSION ITEM# 53473 Vice Mayor Jones RECONVENED the SPECIAL FORMAL SESSION of the Virginia Beach City Council in the City Council Conference Room, City Hall, on Tuesday January 18, 2005, at 9:43 P.M. Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf January 18, 2005 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 # 53472, page 20, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. -- January 18,2005 - 22- Item III-D ADJOURNMENT ITEM # 53474 Vice Mayor Louis R. Jones DECLARED the Special City Council Meeting ADJOURNED at 9:44 P.M. /7 ., &. Y~(?/.J ~-------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor ---~ R th Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 18, 2005 - 22 - Item III-D ADJOURNMENT ITEM#53474 Vice Mayor Louis R.Jones DECLARED the Special City Council Meeting ADJOURNED at 9:44 P.M. Beverly O. Hooks, CMC Louis R Jones Chief Deputy City Clerk Vice Mayor ' th Hodges Smith, MMC Meyera Oberndorf City Clerk Mayor City of Virginia Beach Virginia January 18, 2005