The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 06, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. 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 CITY HALL BUiLDING 2401 COURTHOUSE DRIVE VIRGiNIA BEACH, VIRGiNIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY A1TORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC CITY COUNCIL AGENDA 06 SEPTEMBER 2005 I. CITY COUNCIL BRIEFING - Conference Room - 3:30PM A. BASE REALIGNMENT and CLOSURE COMMISSION (BRAC) Update Mayor Meyera E. Oberndorf and Vice Mayor Louis Jones II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Maddery Pastor, Lynnhaven United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. SPECIAL SESSION INFORMAL AND FORMAL SESSIONS August 16, 2005 August 23, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCE/RESOLUTIONS 1. Ordinance to ACCEPT and APPROPRIATE $173,406 from a U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant re support of public safety and criminal processing improvement. 2. Resolution to REFER an Overlay Ordinance to the Planning Commission for their recommendation re: the Air Installations Compatible Use (AICUZ) Zones 3. Resolution to REAFFIRM SUPPORT for the Southeastern Parkway and Greenbelt (SEPG) and REQUEST the Commonwealth Transportation Board to select a preferred alternative and authorize final environmental studies. 4. Resolution to APPROVE issuance of Series 2005 Residential Care Facility Mortgage ~ Revenue Bonds for Westminster-Canterbury of Hampton Roads, Inc. J. APPOINTMENTS EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) REVIEW AND ALLOCATION COMMITTEE (COG) K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda 9/6/05ST www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 September 2005 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re BASE REALIGNMENT and CLOSURE COMMISSION (BRA C) Update in the Council Conference Room, City Hall, on Tuesday, September 6,2005, at 3:30 P.M Council Members Present: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva and James L. Wood Council Members Absent: Rosemary Wilson [Entered: 3:38 P.M.] - 2- MA YOR 'S COMMENTS ITEM # 54334 3:30 P.M. Mayor Oberndorf advised ChiefCade called to inform the Virginia Beach FEMA Team II will be returning tonight at the Fire Training Center, between 7:00 and 8:00 P.M. Councilman Diezel will be leaving the meeting to greet the returning team, If it were not a City Council Session, the Mayor would be in attendance. Mayor Oberndorf requested Councilman Diezel relay the pride and appreciation of the City Council. FEMA Team II has responded to Oklahoma City, after their horrendous bombing, reacted to "911" (conducting assistance at the Pentagon), and now provided service to Hurricane Katrina in Mississippi. September 6, 2005 - 3 - CITY COUNCIL BRIEFING BASE REALIGNMENT and CLOSURE COMMISSION (BRA C) Update 3:30 P.M. ITEM # 54335 Mayor Oberndorf referenced the Joel Rubin television show on Sunday, September 4, 2005. There appears to be a misunderstanding that the City is not assuming a leadership role in reacting to the Base Realignment and Closure Commission (BRAC) decision. This is erroneous. There has not been anything received in "writing" from BRAe. As of today, their Website has not been updated. In fact, the information that was on the Web has been removed. The City Manager distributed a copy of his presentation. As the Mayor mentioned, the BRAC has not issued its report, but has until September 8, 2005, to present the President with the results of the BRAC recommendations, BRAC REQUIREMENTS. 1, IjVirginia Beachfails to meet the BRAC Commission's conditions, NAS Ocean a will be realigned, not closed; i.e. The Base will remain a naval facility 2. Enact State legislation requiring Virginia Beach and Chesapeake to adopt zoning ordinances consistent with AICUZ/OPNA V Instruction to prevent incompatible development in the 70 dB or greater noise zones, 3. To protect and clear the area defined by and within the Accident Potential Zone 1 (APZl). State and local laws must be enacted to establish a plan and spend at least $15-MILLION per year to purchase the property within the area, The plan must include provisions for eminent domain acquisition. (The majority believe eminent domain is a possibility, but could be avoided and voluntary acquisitions attemptedfor many years) 4. The provisions of the Joint Land Use Study (JLUS) must be enacted by the Virginia General Assembly and the Virginia Beach City Council 5, The State must legislate requirements for Virginia Beach and Chesapeake to evaluate all undeveloped properties in the 70 dB, or greater, noise zones that are zoned for uses incompatible with the OPNA V Instruction to determine if they can be rezoned so as not to permit incompatible uses 6. State and Local governments must establish a program for the purchase of development rights in the flight path between NAS Ocean a andNALF Fentress defined as the "Inter-Facility Traffic Area" 7. The State must enact legislation creating an Oceana/Fentress Advisory Council September 6,2005 -4- CITY COUNCIL BRIEFING BASE REALIGNMENT and CLOSURE COMMISSION (BRA C) Update ITEM # 54335 (Continued) 8. The Deadline for enactment of the BRAC Commission requirements is the end of March 2006. (The key compliance date would be a review conducted in June by the Comptroller General of the United States, certifYing whether Virginia Beach has or has not complied with the requirements.) 9, If the conditions are not met, and the State of Florida meets certain conditions, all Master Jet Base units and functions at Oceana will relocate to Cecil Field, subject to: a. Appropriate sufficient funds to relocate commercial tenants previously located at Cecil Field b, Appropriate sufficient funds to secure public-private ventures for all personnel housing required by the Navy at Cecil Field for a relocation c. Turn over fee simple title to Cecil Field and its improvements to the Department of Defense on or before December 31,2006 10. The BRAC Commission statedfurther that "it is the sense of the Commission that the future of Naval Aviation is not NAS Oceana." The BRAC urged the Navy to begin transitioning high intensity training evolutions to other bases that are less encroached upon. However, this statement is inconsistent with sworn testimony of Naval officials and with representations of the Navy, The City Manager referenced correspondence of Admiral Willard, Vice Chief of Naval Operations, dated August 23, 2005, addressed to the Chair Anthony J. Principi, Base Realignment and Closure Commission Admiral Willard advised Oceana would provide a better option for the Navy for the next several decades and possibly beyond. The City Manager referenced the BRAC Timeline: September 8, 2005 September 23, 2005 November 7, 2005 (No later than) December 8, 2005 January 3,2006 (No later than) March 31, 2006 April 10,2006 June 1,2006 BRAC Recommendations to the President President approves/disapproves BRAC Recommendations (If the President disapproves the recommendations, BRA C must transmit revised list by October 20, 2005) Final Presidential Approval General Assembly Pre-filing deadline Congressional Approval of BRA C BRAC Compliance Governor Signs Bills Government Accountability Office certification deadline September 6, 2005 - 5 - CITY COUNCIL BRIEFING BASE REALIGNMENT and CLOSURE COMMISSION (BRA C) Update ITEM # 54335 (Continued) Another key provision is the requirement in the Legislation that the Department of Defense has six (6) months to analyze Cecil Field versus a green field development (building a base on a site and State yet to be determined). This would entail Congressional action in Mid November and could be as long as six (6) months from January Third (June). There arefour (4) months involvedfor comment on the Department of Defense comparison, The City Manager advised the points would be emphasized. Oceana could be maintained far less expensively than retrofitting and updating Cecil Field or the new green field development, Mayor Oberndorf advised Governor Warner came to Norfolk recently and talked to representatives of Chesapeake, Virginia Beach, Suffolk, Portsmouth and Norfolk re appointing a State Level TaskForce re the BRAC issue. The Governor is anticipating leading statewide efforts. The issues associated with Oceana are regional in scope and impact. All cities need to be involved. The Task Force will address all bases on the Peninsula side and Northern Virginia, The Master Jet Base is important to maintaining a larger military presence. The State representatives will meet with the Comptroller General to clarifY compliance criteria and process, Virginia Beach effort needs to mesh with the State Task Force. The Governor appointed a statewide BRAC Advisory Board, chaired by former Congressman Owen Pickett, Mayor Oberndorf, Vice Mayor Jones and the City staffbelieve a Local Work Group should be created Local Work Group Purpose Coordinate and work with the Governor's Task Force and Regional efforts To collect/ analyze data needed by City Council related to compliance with the BRAC requirements To keep all decision paths open until City Council makes a decision, Vice Mayor Jones distributed and read an Ordinance to be ADDED to the Agenda: Ordinance to APPROPRIATE $50,000 from the City's Reserve for Contingencies to retain an Economic Consultant to study potential costs resulting from the decision of the Base Realignment and Closure Commission (BRAC). Mayor Oberndorf referenced the Local Work Group structure: I City Council - Review and Comment - Public Work Group Steering Committee Membership: Mayor Vice Mayor City Manager City Attorney Lead from each Subgroup Subgroups: Economic Impact/Land Use Issues/Public Communications/Legal/Acquisition Issues September 6, 2005 - 6- CITY COUNCIL BRIEFING BASE REALIGNMENT and CLOSURE COMMISSION (BRA C) Update ITEM # 54335 (Continued) Technical Committee Membership: City Manager's Office City Attorney's Office Management Services Media & Communication Planning Public Works Real Estate Office Outside Expertise Economist Legal Media Appraisers Others as needed Council Lady McClanan wished assurances that the residents of possible affected areas would be included within this Committee. Mayor Oberndorf introduced Delegate Terrie L. Suit and Senator Kenneth W Stolle. Delegate Suit advised, at the present time, information is being collected. 95% of the conditions outlined by BRAC arefeasible. Legislation devised by the Mayor, City Attorney, Deputy City Attorney Macali and Delegate Suit has been composed with the assistance of Legislative Services. Every member of the General Assembly has been polled. and a majority of the House and Senate have indicated their affirmative votes to pass said legislation. The information that is missing is the necessary economic data. The eminent domain portion was a grave concern and a "shock". BRAC has not issued their final order. Delegate Suit complimented Mayor Oberndorfre her representation of the City at all BRAC Hearings, Florida is being extremely aggressive, retaining a retired Admiral at a cost of over $500,000, and analyzing every newspaper article and every action of Virginia Beach. NAS Ocean a is not going. The runway is staying active, and the base is staying in tact, The only matter on the table is whether Ocean a keeps or loses the Jets. Senator Kenneth W Stolle advised Florida is attempting to exploit every opportunity to place the City in a position offailure. Once the criteria is available, Virginia Beach gets to decide re the future ofNAS Oceana. Senator Stolle advised representatives from the offices of Congresswoman Thelma Drake, Senator George Allen, and Senator John Warner were in attendance. Senator Stolle urged the City to move forward in a methodical manner and not commit until the final order has been issued by BRAe. The Counsel for the Governor, Attorney General's Office, representatives from the Federal Legislators and the City Attorneys from Virginia Beach and Chesapeake have met and will continue to meet to discuss options concerning BRAC's right to impose these guidelines. Historical data will be provided of all the homes in the Accident Potential Zones (APZ's) and the Air Installation Compatible Use Zones (AICUZ) will be provided whether existing "by right ", or by City Council action (with or without the Navy's approval or disapproval). The City Manager advised staff is preparing this data and a timeline is being developed re changing types of aircraft, restrictions, maps, etc. All of which is independent of actions of City Council. Concerning the Local Work Group, The City Manager has received a number of citizen inquiries re assistance, This list will be provided. Vice Mayor Jones advised the City Council will be notified of all meetings, should they wish to participate. The CITY PAGE should be utilized to advise NAS Oceana will not be closed, but realigned as well as other pertinent information. Residents should be aware if they reside in the APZ. The City's website shall be clarified to enable citizens to write in their address and then the map be shown immediately to depict their zones. September 6, 2005 - 7 - C IT Y MANA G E R 'S B R IE FIN G HURRICANE KATRINA 4:55 P.M. ADD-ON ITEM # 54336 Charles W Meyer, Chief Operating Officer, advised Fire Chief Gregory Cade will provide details concerning the activities of Virginia Beach's FEMA Urban Search and Rescue Team relative Hurricane Katrina, Dr. Terry Jenkins, Human Services Director, will discuss the City's response to individuals displaced by the Hurricane on the Gulf Coast, Mr, Meyer will then conclude with information concerning requests through a Nationwide Mutual Aid Network. Chief Cade advised the Urban Search and Rescue Team was deployed to Hancock County, on the west side ofBiloxi, Mississippi. The FEMA Team arrived Wednesday, August 31,2005. The team has been down there for seven days experiencing primitive conditions and approximately 90% damage, The Team left Monday morning, September 5,2005, at 7:00 PM., spending last night in Atlanta. Hopefully, the Team should arrive back home approximately 7:00 PM, this evening, September 6, 2005, No personnel or canines experienced injury. Mayor Oberndorf advised Councilman Diezel would be representing the Mayor and City Council to "welcome the FEMA Team home ", Dr, Terry Jenkins, advised the City is aware there are individuals displaced by Katrina coming to Virginia Beach, but does not know the number. The Virginia Beach School system has advised, as of close of business on Friday, September 2, 2005, fifty-six (56) children, identifYing Louisiana as their home, were registered. The Red Cross in the Region has the primary responsibility for registering individuals and making sure FEMA has been contacted. The Red Cross has received sufficient funding to be able to provide fourteen (I 4) days of emergency lodging. The local motels are being utilized. The Department of Human Services is working closely with the Red Cross. A number of individuals have appliedfor Food Stamps and Medicaid, some of whom were receiving these benefits in the Gulf area. Many of the individuals are coming to the City with "nothing ", They require clothingJood and medical care. Human Services contacted the Beach Health Clinic and the Medical Reserve Corps. An Assistance Center is being created within the Department of Human Services, with its own telephone number. This Center will be staffed with Human Services personnel, as well as volunteers. Human Services met with the Interfaith Community, who are identifYing resources for individuals. Human Services is especially concerned with children who have been traumatized by the events over the past week. Another major issue relates to what happens when the emergency lodging provided by the Red Cross ends infourteen (14) days. Mayor Oberndorf advised the President of the Sandbridge Civic League called and is offering cottages to displaced individuals, Mr, Tom Fraim also called concerning whether families could be housed in Pendleton and St, John's School. A displaced teacher could also be employed. Mr. Meyer referenced assistance to municipalities for basic services. The Emergency Management Assistance Compact is a mechanism by which the storm impacted staters) would request, through their government, assistance for firefighters, police, equipment, dispatchers, etc, Virginia Beach would be responsible for responding to that request, advising the City is capable of providing (for example) the necessary firefighters. Hurricane Katrina was an extraordinary event. The Emergency Management Assistance Compact is the most organized system by which assistance can be provided. The majority of requests have been public safety related. The Public Safety departments are currently evaluating these requests and preparing responses. An emergency appropriation might be scheduled for a forthcoming City Council Session. September 6, 2005 ~-- - 8- AGENDA RE VIE W SESSION 5:15 P.M. ITEM # 54337 Ordinance to APPROPRIATE $50,000 from the City's Reserve for Contingencies to retain an Economic Consultant to study potential costs resultingfrom the decision of the Base Realignment and Closure Commission (BRA C). This Ordinance, previously read by Vice Mayor Jones during the BRAC Briefing, shall be ADDED to the Agenda. ITEM # 54338 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCE/RESOLUTIONS 1.1. Ordinance to ACCEPT and APPROPRIATE $173,406 from a U.S Department of Justice Edward Byrne Memorial Justice Assistance Grant re support of public safety and criminal processing improvement. 1.2. Resolution to REFER an Overlay Ordinance to the Planning Commission for their recommendation re: the Air Installations Compatible Use (AICUZ) Zones 1.3. Resolution to REAFFIRM SUPPORT for the Southeastern Parkway and Greenbelt (SEPG) and REQUEST the Commonwealth Transportation Board to select a preferred alternative and authorize final environmental studies, 1.4. Resolution to APPROVE issuance of Series 2005 Residential Care Facility Mortgage Refunding Revenue Bonds for Westminster-Canterbury of Hampton Roads, Inc. September 6,2005 - 9- CITY COUNCIL LIAISON REPORTS 5:17 P.M. ITEM # 54339 Councilman Villanueva, Liaison to the Skate Board Advisory Board, advised a rebid will be conducted re Woodstock Park in order to have the Skate Board Park be under cost, Strong public comment has been received re the design, The Skate Board Park will be placed on the current site of the Dog Park, away from the neighbors, thus reducing the noise and providing more accessibility to the parking lots, The Dog Park will be relocated to a water source. ITEM # 54340 Councilman Villanueva, Liaison to the Minority Council, advised a status report shall be provided within the next two (2) months. ITEM # 54341 Council Members Wilson and Villanueva, Liaisons for Legislative Coordination, met with the community Wednesday evening, August 31,2005, in the new Convention Center re additions to the City's Legislative Package. There were approximately twenty (20) citizens in attendance, September 6, 2005 - 10- CITY COUNCIL COMMENTS ITEM # 54342 Mayor Oberndorf complimented the professional stafffor the extraordinary success of the Rock N Roll 'l'2 Marathon and the American Music Festival. The Beach was "packed", ITEM # 54343 Councilman Maddox referenced concerns from the taxi cab and towing industries. The City of Norfolk recently raised rates for both. The City Manager advised an increase is being processed for the taxi cab and shall be scheduled for a City Council Session, Mayor Oberndorf advised all aspects of the situation must be considered in consideration of the ability for the elderly and poor who utilize the taxi service to pay the fees charged. Charles Meyer, Chief Operating Officer, advised the staffis reviewing the towing rates but they are not yet scheduled for City Council. Councilman Wood requested the taxi cab and towing industry rates be discussed separately. September 6, 2005 - 11 - ITEM # 54345 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,l-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Eastern Virginia Health Systems Agency Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Personnel Board (Appointment of Alternates) Public Library Board Review and Allocation Committee (COG) PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: L ynnhaven District Southeastern Parkway Right-of-Way LEGAL MA TTERS: Consultation with legal counsel or 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). Elisa Hammer v, City of Virginia Beach Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (5:25 P.M.). September 6, 2005 - 12- ITEM # 54345 (Continued) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Closed Session: 5:25 P.M. - 5:38 P.M.) (Dinner: 5:38 P.M. - 5:55 P.M.) September 6,2005 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 6, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 6, 2005, at 6:00 P.M. Council Members Present: Robert M. Dyer, 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 Council Members Absent: Harry E. Diezel [Representing the Mayor and City Council welcoming the Virginia Beach FEMA Team IL returning from assisting victims of Hurricane Katrina} INVOCATION: Reverend Thomas Maddery Pastor, Lynnhaven United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council, Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty, Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Councilfor the purpose ofidentifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. September 6, 2005 -14 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54346 Upon motion by Councilman Dyer, seconded by Councilman Reeve, 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: Robert M, Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E, Diezel September 6, 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 # 54345, page 11, 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. ~~ th Hodges Smith, MMC City Clerk September 6, 2005 - 15 - Item V-F.J. MINUTES ITEM #54347 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the Minutes of the SPECIAL SESSION of August 16, 2005. Voting: 8-0 Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf and Peter W Schmidt Council Members Absent: Harry E. Diezel Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of August 16, 2005, but was leading a delegation to Moss, Norway (Virginia Beach's Sister City). The Mayoral delegation was attending the 100-year Independence Ceremony of Norway's freedom from Sweden Councilman Schmidt ABSTAINED as he was not in attendance during the City Council Session of August 16, 2005, but was out of the City. September 6, 2005 - 16- Item V-F. 2. MINUTES ITEM #54348 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 23, 2005: Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 - 17- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54349 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to APPROPRIATE $50,000from the City's Reserve for Contingencies to retain an Economic Consultant to study potential costs resulting from the decision of the Base Realignment and Closure Commission (BRAC). September 6, 2005 -18 - Item V-G. 1. ADDED-ON ITEM #54350 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADDED to the Agenda: Ordinance to APPROPRIATE $50,000from the City's Reserve for Contingencies to retain an Economic Consultant to study potential costs resulting from the decision of the Base Realignment and Closure Commission (BRAC). Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6,2005 - 19- Item V-G. 2. ADDED-ON ITEM #54351 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRIATE $50,000from the City's Reserve for Contingencies to retain an Economic Consultant to study potential costs resulting from the decision of the Base Realignment and Closure Commission (BRA C). Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE $50,000 FROM THE CITY'S RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF RETAINING AN ECONOMIC CONSULTANT TO STUDY THE POTENTIAL ECONOMIC COSTS RESULTING FROM THE DECISION OF THE BASE REALIGNMENT AND CLOSURE COMMISSION WHEREAS, in August 2005, the Base Realignment and 12 Closure (BRAC) Commission recommended that NAS Oceana be 13 realigned by relocating the East Coast Master Jet Base to Cecil 14 Field, Florida, if the Commonwealth of Virginia, City of 15 Virginia Beach and City of Chesapeake fail to enact and enforce 16 legislation to prevent further encroachment of NAS Oceana by 17 the end of March 2006, to-wit: 18 1. Enact State-mandated zoning controls requiring 19 the cities of Virginia Beach and Chesapeake to 20 adopt zoning ordinances that require the 21 governing body to follow Air Installations 22 Compatibility Use Zone (AICUZ) guidelines in 23 deciding discretionary development applications 24 for property in Noise Level 70 dB Day Night 25 Average Noise Level (DNL) or greater; 26 2 . Enact state and local legislation and ordinances 27 to establish a program to condemn and purchase 28 all "nonconforming" property located wi thin all 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the Accident Potential Zone 1 areas for Naval Air Station Oceana as depicted in the 1999 AICUZ Pamphlet published by the U.S. Navy and to expend no less than $15M annually in the furtherance of the aforementioned policy; 3. Codify the 2005 Final Hampton Roads Joint Land Use Study (JLUS) recommendations; 4 . Legislate requirements for the cities of Virginia Beach and Chesapeake to evaluate undeveloped properties in Noise Zones 70dB DNL or greater for rezoning classifications that would not allow uses incompatible under AICUZ guidelines; 5. Establish programs for purchase of development rights of the Inter-facility Traffic Area between NAS Oceana and NALF Fentress; and 6 Enact legislation creating the Oceana/Fentress Advisory Council; and WHEREAS, the City Council deems it advisable to retain 47 the services of an economic consultant to determine the 48 potential economic costs resulting from the BRAC Commission's 49 decision; 2 50 NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE 51 CITY OF VIRGINIA BEACH, VIRGINIA: 52 That $50,000 is hereby appropriated from the City's 53 Reserve for Contingencies to the Department of Management 54 Services for the purpose of retaining an economic consultant to 55 study the potential economic costs resulting from the aforesaid 56 decision of the Base Realignment and Closure (BRAC) Commission. 57 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the 6th day of September , 2005. CA-9752 OID/ordres/BRAC economist res.doc R-1 September 6, 2005 APPROVED AS TO LEGAL SUFFICIENCY: 3 - 20- Item V-L ORDINANCE/RESOLUTIONS ITEM # 54352 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1 and 4 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M, Dyer, 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 1. Wood Council Members Voting Nay: None Council Members Absent: Harry E, Diezel September 6, 2005 - 21 - Item V-Ll. ORDINANCE/RESOLUTIONS ITEM # 54353 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $173,406 from a u.s. Department of Justice Edward Byrne Memorial Justice Assistance Grant re support of public safety and criminal processing improvement, Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $173,406 FROM THE U.S. DEPARTMENT OF 3 JUSTICE EDWARD BYRNE MEMORIAL JUSTICE 4 ASSISTANCE GRANT TO SUPPORT PUBLIC 5 SAFETY AND IMPROVE CRIMINAL PROCESSING 6 WHEREAS, the U.S. Department of Justice has awarded a 2005 7 Edward Byrne Memorial Justice Assistance Grant in the amount of 8 $173,406 to the City of Virginia Beach to support public safety 9 and improve criminal processing. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That $173,406 is hereby accepted from the U.S. 13 Department of Justice and appropriated to the following agencies 14 and departments in the amounts and for the purposes set forth 15 below: 16 a. $80,268 to the Sheriff's Department for a video 17 conferencing system within the Courts to assist with 18 arraignment. 19 b. $38,458 to the Police Department for Project 20 Lifesaver and flashlights. 21 c. $20,000 to the General District Court for 22 contracted manpower to assist with document imaging. 23 d. $1,866 to the Juvenile and Domestic Relations Court 24 for telecommunications maintenance. 25 e. $24,892 to the Community Corrections program for 26 contracted manpower clerical support and new printers. 27 f. $7,922 to the Circuit Court for evidence display 28 technology. 29 2. That estimated revenue from the Federal Government in 30 the 2005-06 Operating Budget is hereby increased by $173,406. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the 6th , 2005. day of September Approved as to Content Approved as to Legal s~< fJfl1uJ: City Attorney's Offlce CA9742 H:\PA\GG\OrdRes\Byrne R-2 August 25, 2005 JAG Ord City of -V-irgi:rl.ia. Beach OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-5626 TOO (757) 427-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 March 18, 2005 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Subject: Byrne Memorial Justice Assistance Grant Dear Council Membeffi: In the past, the City has received the Local Law Enforcement Block Grant (LLEBG) from the Department of Justice (DOJ) which is used to assist with law enforcement and criminal processing programs. Recently, the Justice Department has combined the LLEBG with several other grants to create the Byrne Memorial Justice Assistance Grant (JAG). The Byrne JAG also supports a broad range of activities to prevent and control crime based on local needs and conditions. Unlike the LLEBG, this grant does not require a City match with the grant. I am pleased to announce . that Virginia Beach has been selected to receive $173,406 through the Byrne JAG program, $100,000 more than we received last year from the LLEBG. As part of the requirements of accepting this grant, the City Council must be notified of the projects that this grant is funding. A public hearing will be scheduled for comments on April 5th as well. The Criminal Justice Board which has representatives from the departments of Police, Sheriff. Courts. Community Corrections. Magistrates, Non- profits, Juvenile Probation, & Public Defender met on March 10th to recommend the following projects and funding amounts for this grant: Vi.d~()_.Con{erencing..~ $&0,268 This proposal is for equipment needed to enable one General District Courtroom, one Circuit Courtroom, and one Juvenile & Domestic Relations Courtroom for video arraignment and bond hearings. The equipment will save the sheriff time and manpower in transporting prisoners as well as the Courts time in having to wait for deputies to transport prisoners. Alzheimer Locator Bracelets - $12,000 Project Lifesaver places state of the art personalized radio transmitters on identified individuals who are at-risk of wandering away from home and becoming lost. The The Honorable Meyera E. Oberndorf, Mayor Members of City Council Byrne Memorial JAG Program March 18, 2005 Page 2 funding in this project will support radio tran smitters that work in conjunction with transmitter bracelets. This project is particularly useful in locating patients with Alzheimer's who have wandered off. This project was administered by the Sheriff is now being administered by the Police Departme nt. Flashlights. $26,458 The shooting review board and police firearms ra nge staff have recommended issuing the surefire flashlight to sworn officers and animal control officers to assist them in situations where they may need to draw and point their firearm. These flashlights are small and are more compatible for use with a firearm than the current flashlights although they can be used for general duty purposes as well. These flashlights will go to the Police Department and for this funding the Department should receive approximately 395 flashlights. Contracted Manpower. $20,000 (General District Court) This position will assist the General District Cou rt with imaging their Court records. This Court looks to begin imaging their paper cases this summer. This position will assist with the scanning of records allowing records to be located faster and assisting in a variety of criminal justice processing factors. Telecommunications Maintenance. $1,866 The Juvenile Domestic Relations Court has acquired video conferencing which will assist the Court with daily video arraignments wh ich will reduce the Sheriff's costs and transport times and ensure that deputies never have to leave a Courtroom. This funding will cover the maintenance contract for this particular video conferencing equipment. This equipment will connect the juvenile detention center with the Juvenile & Domestic Relations Court which is separate from the video conferencing system proposed by the Sheriff's Department. Printers - $1,992 The Community Corrections program has received level funding from the State Department of Criminal Justice Services. The office relies on eight total printers not only for day-to-day staff work but the printing of reports, and information for offenders referred to the program. Several of these printers have broken down in the past making repair at this point an unfeasible suggestion. This funding will replace four of the eight printers. The Honorable Meyera E. Oberndorf, Mayor Members of City Council Byrne Memorial JAG Program March 18, 2005 Page 3 Contracted Manpower.. $22,900 (Community Corrections) The Community Corrections program currently utilizes a contracted person to assist with general clerical duties as well as data entry. This person handles a tremendous load of filing and checks in offenders who report to the program. Evidence Display. $7,922 This proposal will provide technology to the Circuit Court for evidence presentation. The use of this technology would allow display of evidence on a plasma monitor. Witnesses and attorneys could then manipulate the on screen image including the ability to rotate, flip, invert, mark specific areas, etc. The Office of the Commonwealth Attorney would benefit from this request as well as the Sheriff's Department and Police Department in preparation of evidence. Most of all, jurors would receive a better evidence presentation. The current amount of money is not sufficient to purchase the entire system (estimated $40,174) but since this grant can be used over a four year period, the hope is that other grants or funding sources can be combined with this first installment. If no other funding source can be found, this funding can be used for other purposes instead of being returned. TOTAL GRANT FUNDING AMOUNT: $173,406 Please know that one of the grant requirements is written notification of the grant to the governing body before March 31St, and this letter serves that purpose. The next step is a public .hearing scheduled on this grant for the April 5th Council Meeting. At this point, no formal action is necessary from Council. Once the City has satisfied the requirements from DOJ, we anticipate an official award sometime in June or July. At that point we will ask Council to appropriate the funding from this grant. If you have questions or comments regarding this grant please contact either myself or Catheryn Whitesell. Sincerely, .) ~--.. Ja es Spore City ger JKS/mb cc: Bob Matthias, Assistant to the City Manager Catheryn Whitesell, Director, Management Services Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington. D.C. 20531 August 10, 2005 Mr. James Spore City of Virginia Beach 2501 James Madison Blvd. Virginia Beach, VA 23456 Dear Mr. Spore: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $173,406 for City of Virginia Beach. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Tahitia M. Barringer, Program Manager at (202) 616-3294; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, i).li-u Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures - 22- Item V-L2. ORDINANCE/RESOLUTIONS ITEM # 54354 The following registered in Opposition: Commander Joe Ferrara, USN, Ret. 209 Cheltingham Drive, Phone: 572-9236 Upon motion by Councilman Reeve, seconded by Council Lady Wilson City Council ADOPTED: Resolution to REFER an Overlay Ordinance to the Planning Commission for their recommendation re: the Air Installations Compatible Use (AICUZ) Zones Voting: 10-0 Council Members Voting Aye: Robert M Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE (APPENDIX A) BY REPEALING SECTION 221.1, PERTAINING TO SPECIFIC STANDARDS FOR CONDITIONAL USES WITHIN CERTAIN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) AND BY ADDING A NEW ARTICLE 18 THERETO, CONSISTING OF SECTIONS 1800 THROUGH 1806, ESTABLISHING THE POLICY OF THE CITY COUNCIL PERTAINING TO DISCRETIONARY DEVELOPMENT APPLICATIONS AND SOUND ATTENUATION REQUIREMENTS IN BUILDINGS AND STRUCTURES IN CERTAIN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) 15 WHEREAS, the public necessity, convenience, general 16 welfare and good zoning practice so require; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 That the above-entitled ordinance, a copy of which is 20 hereto attached, is hereby referred to the Planning Commission 21 for its consideration and recommendation. The Planning 22 Commission is directed to consider, and make its recommendation 23 on, such ordinance at its October 12, 2005 public hearing and 24 forthwi th to transmit to the City Council its recommendation 25 thereon. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 6th day of September , 2005. CA-9735 OID\ordres\referAICUZordin.res R-2 August 31, 2005 APPROVED AS TO 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE (APPENDIX A) BY REPEALING SECTION 221.1, PERTAINING TO SPECIFIC STANDARDS FOR CONDITIONAL USES WITHIN CERTAIN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) AND BY ADDING A NEW ARTICLE 18 THERETO, CONSISTING OF SECTIONS 1800 THROUGH 1806, ESTABLISHING THE POLICY OF THE CITY COUNCIL PERTAINING TO DISCRETIONARY DEVELOPMENT APPLICATIONS AND SOUND ATTENUATION REQUIREMENTS IN BUILDINGS AND STRUCTURES IN CERTAIN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) Section Repealed: ~221.1 City Zoning Ordinance Sections Added: Ci ty Zoning Ordinance ~~ 1800, 1801, 1802, 1803, 1804, 1805 and 1806 Whereas, the public necessity, convenience, general welfare 24 and good zoning practice so require; 25 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 That the City Zoning Ordinance is hereby amended and 28 reordained by the repeal of Section 221.1, pertaining to 29 specific standards for conditional uses within certain Air 30 Installations Compatible Use Zones (AICUZ) and by the addition 31 of a new Article 18 thereto, pertaining to regulations 32 applicable to property in certain Air Installations Compatible 33 Use Zones (AICUZ), which shall read as follows: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS C. CONDITIONAL USES AND STRUCTURES. Sec. 221.1. Specific standards for cortain conditional uses located within airport noisa and aircraft accident potential zones. [Repealed]. (~) Legi~lQtive intent. The intent of eity council ~nd the 50 purpooe of thio oection ~re to protect the public he~lth, o~fety 51 ~nd ',;elf~re from the ~dveroe imp~cto ~:J:Joci~ted \;i th exceo:Ji ve 52 noi:Je from flight oper~tiono ~t ne~rby ~irport:J ~nd milit~ry ~ir 53 f~cili tieo ~nd potenti~l ~ircr~ft ~ecidento by limi ting cert~in 54 eondi tion~l uoeo ',;hich ~re incoFRp~tible due to their loc~tion 55 ~ithin ~irport noioe ~nd ~ircr~ft ~ccident potenti~l zoneo. 56 (b) StQndQrd~. In ~ddi tion to the procedur~l requirement:J 57 ~nd :Jt~nd~rdo :Jet forth in :Jection 221 herein~bove, the 58 follo~ing ot~nd~rdo oh~ll ~pply to the following condition~l 59 uoeo in ~irport noioe zoneD gre~ter th~n 75 dB Ldn, 70 75 dB Ldn 60 ~nd 65 70 dB Ldn, ~o oho~n on the m~p entitled nICUZ prep~red by 61 the City of Virgini~ Be~ch. Condition~l uoeo loc~ted in ~irport 62 noioe zone leo:J th~n 65 dB Ldn :Jh~ll not be :Jubj ect to the 63 provioiono of thio oection. 64 Tl\BLE INSET: 65 2 65 t gene 1'.irpor G-3- Ldn .:lccident t riotic Ch.:lr.:lc e zone) from I'm potenti.:ll only rnilit.:lry to , zone:J 3 I ~;~ :z ~l~ ~re~o potentl~l zone. ~n ~ircr~ft ~ccident I of Virgini~ Be~ch lie in 66 67 TnBLE INSET: 68 Ys-e G ~ I/7D 75 II/>75 rrnD ~ ~ ~ dB Ldn dB Ldn dB Ldn ~ e:B dB Ldn dB Ldn dB Ldn frEffi l\uditoriumo, N N N N N N ~ .f'-ta+ oooembly, union, & bingo hollo Child Cilre centero N N N N N N ~ .f'-ta+ Churcheo ,:md N N N N N N ~ .f'-ta+ chopelo Clubo, pri70te or N N N N N ~ ~ .f'-ta+ othletic Collegeo ond N N N N N N ~ .f'-ta+ uni7eroitieo Con,;oleocent homeo N N N N N N ~ .f'-ta+ COH1fl\erciol milrinoo N ::r:. ::r:. ::r:. ::r:. ::r:. ::r:. ::r:. Dormitorieo N N N N N N ~ .f'-ta+ Eoting/drinking N N N N N ~ ~ .f'-ta+ eotilbliohmento EJ(plooi T,Teo N N N N N ::r:. ::r:. ::r:. monufocturing, otoroge ond diotribution Fomily core homeo N N N N N N ~ .f'-ta+ Frilternity ond N N N N N N ~ .f'-ta+ oorority houoeo Croup homeD N N N N N N ~ .f'-ta+ IIomeo for ilged, N N N N N N ~ .f'-ta+ dioobled or hondicopped IIoopitolo & N N N N N N ~ .f'-ta+ oilnitnriumo Hotelo & motelo N N N N N ~ ~ .f'-ta+ Indoor N N N ~ ::r:. ~ ::r:. ::r:. recrentionol focilitieo Froternol lodgeD N N N N N ~ ~ .f'-ta+ Hilternity homeo N N N N N N ~ .f'-ta+ Hobiloo home pilrko N N N N N N ~ .f'-ta+ Huoeumo ilnd ort N N N N N N ~ .f'-ta+ gollerieo Honooterieo ond N N N N N N ~ .f'-ta+ conT:ent 0 Hultiple fomily N N N N N N ~ .f'-ta+ d'.:ellingo tJuroeo' homeo & N N N N N N ~ .f'-ta+ oimilor houoing Outdoor recreotionill 4 ,T 69 70 LlOili tioo .:lHlphitho.:ltero N N N N N N N Cf: C.:lmpgroundo N N N Cf: Cf: Cf: Cf: Cf: oporto aren.:lO N N N N N N Cf: Cf: Hluoic ohello N N N N N N N Cf: .:luction N N N N N N N Cf: facilitioo r.:lOoonger N Cf: Cf: Cf: Cf: Cf: Cf: Cf: termin.:llo retroleum N N N N N Cf: Cf: Cf: procoooing rri7ate lodgeo N N N N N ~ ~ -'f+a-t rriv.:lto ochoolo N N N N N N ~ -'f+a-t S.:ltellito \mgering N N N N N ~ ~ -'f+a-t f.:lcility Shelter for farm N N N N N N ~ -'f+a-t employeeo f.tt.:lchod d1.:ellingo N N N N N N ~ -'f+a-t (t o',mhouo (0) Soci.:ll ccntero N N N N N N ~ -'f+a-t The.:ltoro for Ii ':0 N N N N N N ~ -'f+a-t production (c) ['crIlli t tcd UQCQ o.nd .v'cQtcd righ tQ, The pro7i:::Jion8 71 of thio 8ection 8hClll Clffect Clny uoe8 not 72 permitted Clny peroon by right or Clny 7e8ted 73 righto of Clny peroon under e1doting 1 Cl',: . Nothing 74 in thio oeotion OhClll be conotrued to Clffect the 75 provi8ion8 of Clny recorded eCloement entered into 76 bet',:een the United StClte8 of l\mericCl, Clcting by 77 Clnd through the DepClrtment of the NCl7Y, Clnd Clny 78 o'.mer or occupClnt of property locClted ',Ji thin Cln 79 ClircrClft Clocident potentiCll zone or Cln Clirport 80 noioe zone. 81 82 5 100 83 COMMENT 84 85 86 87 88 89 90 91 92 93 94 The provisions of this Section are superseded by those contained in new Article 18 which, among other things, establishes restrictions on conditional uses in Accident Potential Zones (APZs) and Noise Zones 70-75 dB DNL and >75 dB DNL. ARTICLE 18. Special Regulations in Air Installations Compatible Use Zones (AICUZ) Sec. 1800. Title. 95 This Article shall be known as the Air Installations 96 Compatible Use Zones (AICUZ) Overlay Ordinance of the City of 97 Virginia Beach. 98 99 Sec. 1801. Purpose and intent. The purpose of this Article is to regulate, in a manner 101 consistent with the rights of individual property owners and the 102 requirements of military operations at Naval Air Station (NAS) 103 Oceana, development of uses and structures that are incompatible 104 with military operations; to sustain the economic health of the 105 City and Hampton Roads Region; to protect and preserve the 106 public health, safety and welfare from the adverse impacts 107 associated with excessive noise from flight operations at NAS 108 Oceana and the potential for aircraft accidents associated with 109 proximity to airport operations; and to maintain the overall 6 I , 110 quality of life of those who live, work and recreate in the City 111 of Virginia Beach. 112 COMMENT 113 The section sets forth the purpose and intent of the AICUZ Overlay Ordinance. 114 115 116 Sec. 1802. Findings. 117 The City Council hereby finds that: 118 M Naval Air Station (NAS) Oceana was first established 119 as an auxiliary airfield in 1943 and was designated as a major 120 Navy jet air base in the 1950s. It is now one of the largest 121 Navy air bases in the country and is the Master Jet Base for the 122 Navy's Atlantic Fleet. NAS Oceana is a vital component in the 123 architecture of the Defense Department's joint service method of 124 operational planning and execution and in the newly-emerging 125 inter-agency approach to meeting homeland defense requirements; 126 127 Jel NAS Oceana is the single largest employer in the City of Virginia Beach. In 2003, it had a gross annual payroll of 128 over $750 million and spent another $400 million for goods and 129 services. In that year, over 12,000 personnel, comprised of 130 nearly 9,800 military and over 2,500 civilian employees, were 131 employed there. Most of those employees live within the 132 communi ty, infusing additional benefits into the local economy, 133 primarily through spending and spousal employment salaries. 7 134 When considering the personal impact of the military in the 135 community, the economic benefit exceeds $1 billion annually; 136 H There are more than 30,000 acres of land in areas 137 wi thin the 70-75 >75 dB DNL Noise Zones. dB DNL 0 r 138 Approximately 4,200 acres of this land is encumbered by 139 easements or restrictive covenants that limit the uses of the 140 land to those that are not incompatible with flight operations 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 arising out of NAS Oceana; lQl Encroachment by since the installation's incompatible land uses has inception, and includes the occurred high-density, residential and commercial development type of tha t now threatens the viability of the station's mission; ~ In August 2005, the Base (BRAC) Commission added to the list Realignment and Closure of installations to be closed or realigned the recommendation to realign NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field in Jacksonville, Florida if, among other things, the cities of Virginia Beach and Chesapeake fail to enact and enforce legislation to prevent further encroachment of NAS Oceana by the end of ordinances that require the March 2006 by adopting zoning governing bodies to follow Air Installations Compatibility Use Zone guidelines in (AICUZ) 156 deciding discretionary development applications for property in 8 157 Noise Level 70 dB Day Night Average Noise Level (DNL) or 158 greater; 159 (f) The closure or realignment of NAS Oceana would have 160 serious adverse economic consequences to the City and the 161 region; 162 163 ill Pilots stationed at NAS Oceana fly more than 200,000 training operations each year. In response to NAS Oceana 164 officials have voluntarily modified flight arrival and departure 165 procedures. These modifications resulted in flight have 166 procedures/training that do not replicate actual aircraft 167 carrier operating procedures; and 168 ill In 2004 and 2005, the City of Virginia Beach, along 169 with the cities of Norfolk and Chesapeake, joined with the Navy 170 and the Hampton Roads Planning District Commission to craft a 171 regional Joint Land Use Study (JLUS). Among the recommendations 172 of the JLUS was that the City adopt an ordinance applicable in 173 all noise zones greater than 65 dB DNL to help prevent 174 encroachment at NAS Oceana. The JLUS was accepted by resolution 175 of the City Council in May of 2005 and the City Council directed 176 that appropriate ordinances implementing the recommendations of 177 the JLUS be brought forward for its consideration. 178 179 180 9 I 1 181 COMMENT 182 183 The section sets forth the findings of the City Council underlying the AICUZ Overlay 18 4 Ordinance. 185 186 187 Sec. 1803. Applicability. 188 189 (a) Area of applicability. Except as provided in Section 1805, provisions this Article apply to shall the of 190 discretionary development applications for any property located 191 within an Accident Potential Zone (APZ) or Noise Zone 70-75 dB 192 DNL or >75 dB DNL, as shown on the official zoning map, that 193 have not been approved or denied by the City Council as of the 194 date of adoption of this Article. For purposes of this Article, 195 discretionary applications shall include development 196 applications for: 197 198 199 200 201 202 203 204 205 1. Rezonings, including conditional zonings; 2 . Conditional permits new for uses or use structures, or for alterations or enlargements of existing conditional uses where the occupancy load would increase; 3. Conversions or enlargements of nonconforming uses or structures, except where the application contemplates the construction of a new building or structure or expansion of an existing use or 10 206 structure where the total occupancy load would 207 not increase; and 208 4. Street closures where the application 209 contemplates the construction of a new building 210 or structure or the expansion of a use or 211 structure where the total occupancy load is 212 increased. 213 COMMENT 214 215 The section provides that the AICUZ Overlay Ordinance applies to discretionary 216 development applications (i.e., those requiring approval of the City Council) for property in 21 7 Accident Potential Zones (APZs) and in the 70-75 and >75 dB DNL Noise Zones. Applications for 218 conditional use permits and conversions or enlargements of nonconforming structures in which the 219 proposed use or structure would not result in an increase in occupancy load are exempted from the 220 provisions of the section, although they, as all other types of discretionary development application, 221 would remain subject to the City Council's legislative discretion to grant or deny them under 222 general principles ofzoning law. 223 224 Sec. 1804. Discretionary development applications; City Council 225 policy. 226 227 M Except as provided in Section 1806, it shall be the 228 policy of the City Council that no application included wi thin 229 the provisions of Section 1803 shall be approved unless the uses 230 and structures it contemplates are designated as compatible" 231 under Table 1 below and, if applicable, Table 2 unless the City 232 Council finds that no reasonable use designated as compatible 233 under the applicable Table or Tables can be made of the 234 property. In such cases, the City Council shall, subject to the 235 provisions of Section 1806(a), approve the proposed use of 11 236 property at the least density or intensity of development that 237 is reasonable. 238 lQl The following tables show the uses designated as 239 Compatible (Y) and those designated as Not Compatible (N) in 240 each listed Noise Zone. The designation of any use as Compatible 241 shall not be construed to allow such use in any zoning district 242 in which it is not permitted as either a principal or 243 conditional use. 244 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES 245 LAND USE COMPATIBILITY IN NOISE ZONES 246 Land Use Land Use Compatibility LAND USE NAME 70-75 dB DNL >75 dB DNL Residentia~ and Re~ated Single-family dwellings N N Semidetached dwellinqs N N Attached dwellinqs/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other aroup quarters N N Mobile home parks N N Hotels and motels N Y Other residential uses N N Manuracturincr Food & kindred products; manufacturing Y y Textile mill products; manufacturing Y y Apparel and other finished products; Y Y - - products made from fabrics, leather and similar materials; manufacturinq Lumber and wood products (except Y Y - - furniture) ; manufacturina Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied Y Y I industries - - 12 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES (Continued) Land Use Land Use Compatibility LAND USE NAME 70-75 dB DNL >75 dB DNL Manuxacturinq (cont'd) Chemicals and allied products; y y - - manufacturing Petroleum refining and related y y - - industries Rubber and misc. plastic products; y y - - manufacturinq Stone, clay and glass products; y y - - manufacturing Primary metal products; manufacturing y y Fabricated metal products; manufacturing y y Professional scientific, and controlling Y y - - instruments; photographic and optical qoods; watches and clocks Miscellaneous manufacturing y y Transportation, communication and uti1.ities. Railroad, rapid rail transit, and street Y y - - railway transportation Motor vehicle transportation y y Aircraft transportation y y Marine craft transportation y y Highwav and street right-of-way y y Automobile parking y y Communication y y Utilities y y Other transportation, communication and y y - - utilities Trade Wholesale trade y y Retail trade - building materials, Y Y - - hardware and farm equipment Retail trade - qeneral merchandise y y Retail trade - food y y Retail trade - automotive, marine craft, y y - - aircraft and accessories Retail trade - apparel and accessories y y - - 13 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES (Continued) Land Use Land Use Compatibility LAND USE NAME 70-75 >75 Services Retail trade - furniture, home, y y - - furnishings and equipment Retail trade - eating and drinking y y - - establishments Other retail trade y y Finance, insurance and real estate Y y - - services Personal services y y Cemeteries y y Business services y y Warehousinq and storage Y y Repair Services y y Professional services y y Hospitals, other medical fac. y N Nursinq Homes y N Contract construction services y y Government Services y y Educational services y N Miscellaneous y y Cu~tura~, entertainment and recreationa~ Cultural activities (& churches) y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities y y Indoor recreational facilities y y Campqrounds Y N Parks Y N Other cultural, entertainment and y N - - recreation Resource Production and Extraction Aqriculture (except live stock) Y Y Livestock farminq y N Animal breeding y N - - 14 TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES (Continued) Land Use Land Use Compatibility LAND USE NAME 70-75 >75 Resource Production and Extraction (cont'd) Agriculture related activities Y y Forestry Activities y y Fishinq Activities y y Mininq Activities y y Other resource production or extraction y y 247 248 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ-II Residentia~ Single-family N N Y - - - dwellinqs Semidetached dwellinqs N N N Attached N N N - - - dwellinqs/townhouses Multiple-family N N N - - - dwellinqs Dormitories and other N N N - - - group quarters Hotels and motels N N N Mobile home parks N N N Other residential N N N Manuracturincr Food & kindred N N Y - - - products; manufacturing Textile mill N N y - - - products; manufacturing 15 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES CLEAR ZONE APZ-I APZ-II Manufacturing (cont'd) Apparel and other N N N - - - finished products; products made from fabrics, leather and similar materials; manufacturing Lumber and wood N Y Y - - - products (except furniture); manufacturinq Furniture and N y y - - - fixtures; manufacturinq Paper and allied N y y - - - products; manufacturing Printing, N Y Y - - - publishing, and allied industries Chemicals and N N N - - - allied products; manufacturing Petroleum refining N N N - - - and related industries Rubber and misc. N N N - - - plastic products; manufacturing Stone, clay and N N Y - - - glass products; manufacturinq Primary metal N N Y - - - products; manufacturinq Fabricated metal N N y - - - products; manufacturinq 16 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ II Professional N N N - - - scientific, & controlling instrument; photographic and optical goods; watches & clocks Miscellaneous N y Y - - - manufacturinq Transportation, communication and uti~ities Railroad, rapid N Y Y - - - rail transit, and street railway transportation Motor vehicle N Y Y - - - transportation Aircraft N Y Y - - - transportation Marine craft N Y Y - - - transportation Auto parkinq N Y Y Communication N Y Y Utilities N Y Y Solid waste N N N - - - disposal (Landfills, incineration, etc. ) Other transport, N Y Y - - - comm. and utilities Trade Wholesale trade N Y Y Retail trade - N Y Y - - - building materials, hardware and farm equipment Retail trade - general N N Y - - - merchandise 17 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME CLEAR ZONE APZ-I APZ II Retail trade - food N N y Retail trade - N Y Y - - - automotive, marine craft, aircraft and accessories Retail trade - N N y - - - apparel and accessories Retail trade - N N y - - - furniture, home, furnishings and equipment Retail trade - N N N - - - eating and drinking establishments Other retail trade N N Y Services Finance, insurance N N y - - - and real estate services Personal services N N y Cemeteries N Y Y Business services N N Y - - - (credit reporting; mail, stenographic, reproduction; advertising) Warehousing and N Y Y - - - storage services Repair Services N y y Professional services N N y Hospitals, nursing N N N - - - homes Other medical N N N - - - facilities Contract construction N Y y - - - services Government Services N N Y Educational services N N N 18 TABLE 2-AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES LAND USE NAME Clear Zone APZ-I APZ-II Miscellaneous N N y Cul.tural., entertainment and recreational. Cultural activities N N N Nature exhibits N y Y Public assembly N N N Auditoriums, concert N N N - - - halls Outdoor music shells, N N N - - - amphitheaters Outdoor sports arenas, N N N - - - spectator sports Indoor recreational N y Y - - - facilities Campqrounds N N N Parks N y y Other cultural, N Y Y - - - entertainment and recreation Resource production and extraction Agriculture (except y y y - - - live stock Livestock farming and N y y - - - breeding Agriculture related N y y - - - activities Forestry Activities 11 N y y Fishing Activities 12 N Y Y Mininq Activities N Y Y Other resource N Y - - production or extraction Other Undeveloped Land y y y - - - Water Areas N N N 249 250 19 251 COMMENT 252 2 5 3 The section sets forth the policy of the City Council that, unless a parcel of property has no 254 reasonable use that is designated as compatible under Table 1 and, if applicable, Table 2, the City 2 5 5 Council shall not approve any discretionary development application for that parcel of property 256 that the AICUZ Overlay Ordinance applies to discretionary development applications (i.e., those 257 requiring approval of the City Council) for property in Accident Potential Zones (APZs) and in the 258 70-75 and >75 dB DNL Noise Zones. 259 260 Lines 234 -237 make it clear that in cases in which a use proposed by an application is NOT 261 Compatible, but is the only reasonable use, the City Council shall approve the proposed use at the 2 62 least density or intensity that is reasonable. As an example, if an application contemplates the 263 development of 100 single-family dwellings (which are designated as Not Compatible in 70-75 and 264 >75 dB DNL Noise Zones), the City Council may approve the application with fewer dwelling units 2 65 density even if there is no reasonable use of the property other than single-family dwellings if it finds 266 that a lesser number of dwelling units would constitute a reasonable use of the property. It is also 267 important to note that, as stated in Section 1806(a), the City Council may exercise its zoning powers 2 68 to the fullest extent, such that it may deny an application for any valid reason, even if that reason 2 69 does not involve AICUZ-related considerations. 270 271 The section also contains the tables that designate whether or not a use is Compatible (Y) or 272 Not Compatible (N) in APZs and Noise Zones 70-75 dB DNL and >75 dB DNL. 273 274 Sec. 1805. Sound attenuation. 275 Sound attenuation measures shall be incorporated in any use 276 or structure located in Noise Zones 65-70 dB DNL, 70-75 dB DNL 277 or >75 dB DNL in accordance with the requirements of the 278 Virginia Uniform Statewide Building Code. 279 COMMENT 280 The section provides that sound attenuation measures are required to be incorporated in 281 uses and structures in Noise Zones 65-70, 70-75 and >75 dB DNL, if required by the Virginia 282 Uniform Statewide Building Code. The Code, which was recently amended to incorporate 283 legislation enacted by the 2005 General Assembly, requires sound attenuation in Assembly, 284 Business, Educational, Institutional and Mercantile Use Groups, as defined in the International 285 Building Code. Sound attenuation in residential structures is already required under the Code. 286 287 288 289 Sec. 1806. Allowable residential density in Western Transition Area. 20 290 (a) Subject to the provisions of Section 405 (Alternative 291 Residential Development in Agricultural Districts), single- 292 family residential development in Agricultural Districts shall 293 be permitted as a conditional use at the following density in 294 that portion of the Princess Anne/Transition Area designated as 295 "Interfacility Traffic Area" on the official zoning map. 296 297 298 299 300 301 302 303 304 305 Noise Zone Maximum Permitted Density (Single- Family Dwellings) 70-75 dB DNL: One (1) per five (5) acres of developable land >75 dB DNL: One (1) per fifteen (15) acres of developable land (b) Where a tract of land is located within more than one Noise 306 Zone, lots shall be situated, to the extent practicable, on the 307 portion of the tract within the lowest Noise Zone. In such cases, the 308 portion of the tract wi thin the lowest Noise Zone may contain the 309 entire number of dwellings allowable on the acreage of the entire 310 tract. 311 COMMENT 312 The section limits the maximum allowed density in the Interfacility Traffic Area portion of 313 the Princess Anneffransition Area to one dwelling unit per 5 acres of developable land in the 70-75 314 dB DNL Noise Zone and to one dwelling unit per 15 acres in the >75 dB DNL Noise Zone. Those 315 maximum densities are subject to the provisions of Section 405 (Alternative Residential 316 Development in Agricultural Districts). 317 318 319 Sec. 1806. Reservation of powers; severability. 320 (a) Nothing in this Article shall be construed to require 321 the City Council to approve any application solely because it 21 322 meets the requirements of this Article , it being the intention 323 of this Article that the City Council shall be entitled to 324 exercise its authority in such applications to the fullest 325 extent allowed by law. 326 (b) The provisions of this section shall be severable, it 327 being the intention of the City Council that in the event one or 328 more of the provisions of this section shall be adjudged to be 329 invalid or unenforceable, the remaining provisions of this 330 section shall be unaffected by such adjudication. 331 COMMENT 332 The section provides that (1) the City Council shall retain, to the fullest extent, its other 333 powers over discretionary development applications, such that it may deny any application for 334 reasons not related to AICUZ considerations; and (2) the provisions of the section shall be deemed 335 severable, such that if one or more of its provisions are held to be invalid or unenforceable by a 336 court, the remaining provisions are to remain unaffected. While such language is not binding upon 337 a court, it raises a legal presumption that the invalid provision may be stricken, leaving the others 33 8 intact. 339 340 Adopted by the City Council of the City of Virginia Beach, 341 Virginia on the day of , 2005. 342 CA-9596 343 OID\ordres\AICUZ Overlay Ordinance.doc 344 R-8 345 August 26, 2005 22 - 23- Item V-L3. ORDINANCE/RESOLUTIONS ITEM # 54355 Paul Hamaker, 1813 Barkading Court, Phone: 479-3133, Vice President - Citizens for Stumpy Lake. Mr, Hamaker distributed the comments from the Citizens of Stumpy Lake re the "unexplained loop" of the Southeastern Parkway and Greenbelt Study and a map depicting this "loop" on Segment D and E. Said information is hereby made a part of the record. The City Manager advised changes to Segment D have been reflected in the proposed Resolution. Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council ADOPTED: Resolution to REAFFIRM SUPPORTfor the Southeastern Parkway and Greenbelt (SEPG) and REQUEST the Commonwealth Transportation Board select a preferred alternative and authorize final environmental studies. Voting: 10-0 Council Members Voting Aye: Robert M, Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 1 A RESOLUTION REAFFIRMING THE CITY COUNCIL'S 2 SUPPORT FOR THE SOUTHEASTERN PARKWAY AND 3 GREENBELT (SEPG) AND REQUESTING THAT THE 4 COMMONWEALTH TRANSPORTATION BOARD SELECT A 5 PREFERRED ALTERNATIVE AND AUTHORIZE FINAL 6 ENVIRONMENTAL STUDIES 7 8 9 WHEREAS, the City Council of the City of Virginia Beach has 10 expressed its continued support for the Southeastern Parkway and 11 Greenbelt (SEPG) since its inception in 1987; and, 12 WHEREAS, on March 26, 1991, the City Council endorsed the 13 basic design concept for the SEPG and by resolution adopted the 14 BE-I0 alignment as its preferred alternative; and, 15 WHEREAS, the City Council has acquired properties to both 16 preserve and protect the BE-I0 alignment alterative; and, 17 WHEREAS, the Virginia Department of Transportation has 18 recently published a draft Environmental Impact Statement (EIS); 19 and, 20 WHEREAS, the Commonwealth Transportation Board will select 21 a build alternative during a meeting scheduled this fall. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL 23 OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 24 That City Council of the City of Virginia Beach reaffirms 25 its support for the SEPG along the alignment shown in the draft 26 EIS as the preferred alternative, including segments A, B, C, D, 27 E and F; and, 28 BE IT FURTHER RESOLVED: 29 That City Council of the City of Virginia Beach wishes to 30 mitigate the impact in the Stumpy Lake natural area purchased by 31 the City of Virginia Beach and to reduce impacts on the 32 environment by having segment D straightened between Indian 33 Ri ver and Elbow Roads; and 34 BE IT FURTHER RESOLVED: 35 That City Council of the City of Virginia Beach believes 36 the construction of this straightened segment would allow the 37 removal of the existing right-of-way for Elbow Road restoring 38 the natural drainage throughout this ecosystem; and 39 BE IT FURTHER RESOLVED: 40 That City Council of the City of Virginia Beach reaffirms 41 its request to play an active role in the design and execution 42 of the SEPG using our own design consultants; and 43 BE IT FURTHER RESOLVED: 44 That City Council of the City of Virginia Beach requests 45 that the Virginia Department of Transportation forward this 46 project to the Commonwealth Transportation Board for selection 47 of a preferred alternative and authorization to proceed with the 48 final EIS. 49 50 ADOPTED by City Council of the City of Virginia Beach, Virginia, this 6th day of September , 2005. 2 CA9745 H:\OID\LU\Ord&Res\Resolution R-l August 29, 2005 APPROVED AT TO CONTENT: Ci Y Manager reaffirming SEPG.doc APPROVED AS TO LEGAL SUFFICIENCY: I11J~ M '-0~' City Attorney 3 I- o c ~ ~ ftS ~ ~.. ...- ftS ~ a..a c c ~ ... ~ ~ ... ~e ftS-a ~ c .c ftS .. :I o tn C o .- en .- > .- o C-LO Orno encO CQ)C\J :2Eo5' =-=c+-, ~oen .: :J c>O> Q) C :J ~w<( ~ o ~ en .- ::c ~ u CI) .~ e a. t- O C - <(>. S co c I ~ O!:SC/) +-' c Q) COOa. t:: .- X OCOW o..lo- C/)+-'c C .C/) l0- CO C Q) lo- .- +-' I--E~ ......"OQ) O<(..c +-' >. +-' C CO ::J Q) :> 0 E:>oo t::"5,Q) CO .- ..c 0.. I +-' Q) - C o CO 0 l0- CO Q) C/) .- "0 Q) C Q) ._ "- "0 0> LL ::J lo- >~en I -"0 II--Q) I'-O+-' CO CO en 0 ..;:; ~ > "c . .....-. - co +-' C Q) E C oC lo- .....- "> ~ C C W .0 +-' .:= () CO Q) lo-oo o Q)"O ..c C +-' CO "0 - Q)OO ..cw .C/) 0 .0 .....- ::J+-' o..a5 <( E S 2 " I CO C LL+-'o IOO+-, I+-,CO en()::J co co- en 0.. CO ~EJj . - . +-' C Q) Q) E :5 E o 0 +-' () 00 lo- - 0 w...... o .() 00.0 Q) ::J ..co.. +-' Q) "O..c Q)+-, +-'"0 ::J C ~ CO en C/) ~ .Q) <( g s Q) I~ LL Q) I ~ ~ ::J eno enC/) ~ Q) . lo- 5 E .- 0 +-' l0- co...... t:: Q) 8.. .> c/)+-' C co l0- co E Q) lo-Q)..c I--~t:: ..c<(::J +-' ...... co ..c lo- Q)"50 ~o:: C 00 C o Q) Q) E ..c E E+-'C "0 0> OQ)== () c.. co C/) 0 Q) ~ "O..c . co co +-' C C/) ....; .- - co C 0> co Q) .: I-- 00 E ~ () i:iJ 0.. I .....- 0 0 CD "000- en lo- Q) enCOQ)> ~0..cQ) . CO+-,"O ,..-... . .. c o u ~ ~ o .. en .- ::c .. u ~ .~ o a- D. l- e c ~ o +oJ ~ o .c ~ 0..Q) Cf) 5; W c LL en Q) co ..c ~ +oJ C C 0 o en "'C 0 Q) Q) -go Q)....... 0..0 en "'C " ::Jot> en 0 Q) en Q) .-- co rr 0 ~ u.. a. ~<(Q) ~ ..c o "+oJ c so~ 1+oJ.E cbQ)"'C en 0.. Q) enE::J ,...oen . 0 .en "'C C"'C co Q) Q) ::J ~ C co .- Q)+oJ o..~ 15coo en EQ)"'C ::J ..c 2 "'COco c........;:. CO 0 en o en C E ~ ~ Q) .- Q) ~o"'C coQ)..c ..c 0 ....... +oJ ._ o ~..c C .0 ~ .0 C>..c +oJ C 0 0...- CO o "'C Q) "'Cccc <(JY~ I en \u I ~.- ,... Q) C o .- o "'C C> N C .= .=>> " +oJ o Q) .-- o ~ 0.. CJ a.. W Cf) Q) ..c +oJ ....... o t:: o 0.. 0.. ::J en C o C ::J C> Cf) Q) _.0 w~ ~ Q) 0 f; ~ Q)"'C ~ C CO co 0.. Q) ~ ~ Q) 0.. +oJ en o .- +oJ C> +oJ Q) fficc +oJ - C CO ~ ....... Q) O"'C Q) Q) oLL +oJ C o Z"'C I~ S .en en 0.0- N::JW . 0..0 <( S I LL ~ .0 "'C Q) C C> en "'C C CO "'C Q) +oJ Q) 0.. E o o Cf) - W o I I it) o o N . " CI) CI) z " c ca CI) en o a. .. ::s a. l- e c ~ "'C en c 0.> co E ~ (ij u "- ~ c ~ o 0.> 0.> >c 0) E u 0.> ~ 0.> 0.> E ~ S E 0 ~~ 0.> U ~ 0.> "'C ... "'C ..c c == 2c co ~ en 0 0.> CO+:i C ~ U U o~... 0.> 0.> ~ c ~ c co 0.> Oc ::J E '+-0 U 2u ~ ~ co ~..c co 0.> ,..... "'C en u c 10...1.. o 0.> co co 0.> E en E~~~~ o.>m E~u..IOu c~ en co "- 0.> co o coo.>" - en t: 0.> ~ U c<(::J sC ~ 0.> "0) z..c ~ 0.> > "~ 0.> 0.> E o +:i> ~ ~ CO .9 CO ..c c. ~ C"'C en C o.>.Q ~ Q; C en Q; 0.> en 0.> u ~co 0.> ~~ CO> co- U-::J~o.> C. CO 0.> U CO 0 C"'C CO c~ CO C~==- U CO m 0.> CO 0.> co" ~ 0.> 0.> C. U 0.> en 0.> C 6:2rn~:25:2~ ~ > >,..... > \oJ C. 0 0.> ..c 0 10...1.. 0"- E~..c C ~en ~en _ (La W (L ~ (L ~ . . . . . - .. c (J) m Q) ..-.... . . ..c > en E -- Q) ....., +-' :J (lj > 0 .- a. c ....., en :.... (tj 0 Q) c en 1:J :a- :J - +-' Q) m <:( - ....., 0 -- - .- ::J <( > > 1:J (() ..c ..c Q) m "'C ....., ....., :a- - :J -- - :a- c.. ::J 0 .- 0 0 Q :J '-'" (() z [() en z ~ "'C en Q) Q) Q) ~ ~ Q) c.. c.. ............ :a- +-' ..c ....., ..c :a- m co (tj E E ..c Q) +-' ....., ....., "'C :a- ....... > 1:J :J :J :a- Q) 1:J .- 0 0 -- "'C ....., ....., :a- I- 1:J C Z en en z a.. .. c C (lj (tj ca (lj (J) () ... ... ... ... ... . . . . . C () <:( .. Cf) (() m co () .. - :.... Q) C Q) > > -- 0 "t- ~ 0 - +-' - I- (lj 1:J C Q) Cl -- c C) -- "t- o :.... Q) 0 a: . . en ~ > .- .. ftS C .. ~ .. - C -a - .- ~ II ~ .. ftS -a .- -a c ftS CJ l- e c ca .- .. CD ... .- .. u c o .- ... ca ~ - ca > w .. c o .- ... ca 1: o a. en c ca .. I- l- e c ~ , 1___________ "'C"'C Q)~$ CD ~ 0 > ct1;;:: ct1 1- l:: +-' Q) "'C en en Q) Q) Q) ~~(j) == o..c Q) en E..coC)c ~ ~.c S :8 o 0 1- 0-- -- -- Q) "'C ..c ..c "'C "'C C Q) Q)CCO >>:Jct10 . . "'C Q) CD c.. en Q) "'CCD Q) C3 +-' 0 -- en -s: ..cCD 1- CDC) Q) >cen en Q)oc....... en C) 0 _Q 0 Q) ct1 1- -~ - ..c 1- Q) "'C Q) en Q) "'C C > ct1 > c 0 CD 1- <(:JO.....J() . .. --. . . ..-----l .... I I C ~ E c 0 .. .- > c w - l! ~ .... ftS Z en Q) .. +-' en -- en .... en U - ftS (tj -- I:a. ~ en Q) E +-' => (lj - E ~ Q) Q) ..c en en +-' en +-' (lj C -c ::J "l- S -- en 0 c 0 (lj -c en -c - I- (lj -c c.. c en ~ +-' C ~ - en -c (lj [J E (lj ::J Q) Q) 0 - N 0 +-' +-' C ~ ~ Q) CO CO CO 0 ~ 0 (9 - S S ~ u. I u. u. . . . . . . . - .. c CD E c 0 .. .- > c w c ca E :s :z: .. CD en c (.) .. -- en 0 CJ +-' CD en -- en ca -- en ::J +-' CD CD -- ~ J - (.) -- ..c E - (.) 0 !i.... co co ::J +-' ~ (.) 0 - c en ~ ~ en CD c +-' +-' CD E 0 -- -- c C !i.... -- C +-' ::J ::J - 0 co E E co (.) !i.... Q) !i.... ::J -- 0 E E en > +-' - - -- c CD 0 0 ::J 0 W a: 0 0 0 Z . . . . . . l- e c ~ I 1_ ._______ ------.--- -0 I CD 0 CD ..c Z .. 0 > ~ a. ~ .- CD C ~LO CD -0 ~ ..c .- CD 0 CD .. CD ~ E CDO -0 "- U "- 0 -0 ..cO CD en E ~C\J (J) ~ > CD ~ "- ctj "- C 0"0 -o~ c 0 "I- 0 U"- CD- CD C. > as Ct) (J) aC\J -o:J E c. ~ ~ .. C...., :J C "l- I- .C ~ CDC E (J) CD (J) u- ~.- 0 ECJ.) ~ m (J):J ~ (J) C C"'" ctj-O U ~ CD - C E> c ctj I CD CD 0 E CD o~ .- "- -..c 0 ECD octj E .. J-..c c. Ct) as ~ o(J) E.~ CDE 0 ~ 0)0 CD 0) ~ ..cCD 0 c"'" c.C - o~ CD o~ ~~ .- .- - "I- :z: "-CD 0"- ~ C '0<( 0 ctjc octj ctj "I- "- U CD:J LO~ E OCD ~-o Ct) I...., ~:: ~CD .............. .- ,.... .- ~ X .-t= <( ..ct::: - 0-0 (J)U 0 ~ .a "- ,,-CD . ~o o~ "- 0-0 :J-o ::s ..c .C E..c c. . ........- CD "I- 0:= :JCD c.. (lj.- >CD ..Q::J a. _::J ~~ 00: a..c. <(a.. <( <(CD . . . . . . ~ a- Q) 1- ~ .. ces U .....J en ~ c c.. ftS E e .. . . ::J 0 -0 -- I- .... .... Q) (f) en m -0 0 Q) ::J C) .... C - e t) ~ 0 I- e .... .. -- t) -- E ftS -0 U -- CI) Q) x -- "t- en 0 "t- % en ces en J.... a... J.... J.... Q) Q) .... CJ J.... en -- -0 c.. -0 J.... e J.... Q) I- X e ces - 0 ::J .a Q) .- ces CO e .... ~ en ces .... -- u Q) .... e t) .... e a- ces en en J.... 0 0 Q) c.. -- 0 - 0 () t) Q) E z () e c: - 0 . . () . . . en .. c G) E E o u ~ u c G) eft C t- O C ~ c o -- +-' (lj (J) C C o CD __ 0.. +-' E ~ 0 go E -0 C -0 (lj C (J) -- (lj en en 0 +-' o +-' (lj (lj 0.. -~ E .c -- (lj -o..c C CD (lj ~ - ~-o CD == SS ..c C) -- CD ~ +-' :J o en +-' o (lj 0.. E +-' o CD _: en -o~ c'+- __ CD -0 C C CD ~.c +-' +-' U o Q) CD -~ ~ 0 -- ~ 00.. C o -- en Q) ..c o () ~ +-' -- C :J E E o () .............. (J) C o -- +-' ~ o o - Q) a: . .. . I ............ ""C (() ~ 0 ctj 0 0 C\J CO ~ c Q) 0 E en -- ...... E a. (tj ...... :::J ~ ~ CI) 0 ............ CJ) (() .. c. "'-"" 0 fn en 0 c c C\J 0 J: .. (tj -- en >< ~ C) LL 1-............ -- CI) .cLO C U -- Q) 0 ~ Z ......0 c. 0 - 0 (tjC\J C/) "t- O) "'-"" 0 $= CJ) ""C C ctj - ~ o!:S w 0 E c - u ctj 0) E -Q c a: -- 0...... LL . ()~ . . - 24- Item V-L4. ORDINANCE/RESOLUTIONS ITEM # 54356 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to APPROVE issuance of Series 2005 Residential Care Facility Mortgage Refunding Revenue Bonds for Westminster- Canterbury of Hampton Roads, lnc, Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, 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 Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 6, 2005 1 RESOLUTION OF THE CITY COUNCIL OF 2 THE CITY OF VIRGINIA BEACH, VIRGINIA, 3 APPROVING THE ISSUANCE OF THE 4 SERIES 2005 RESIDENTIAL CARE FACILITY 5 MORTGAGE REFUNDING REVENUE 6 BONDS FOR WESTMINSTER-CANTERBURY 7 OF HAMPTON ROADS, INC. 8 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 9 has considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the 10 "Company") for the issuance of the Authority's Residential Care Facility Mortgage 11 Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") in an amount not to 12 exceed $55,000,000 to refund the Authority's outstanding Residential Care Facility 13 Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds") maturing on or 14 after November 1,2010, which were issued on December 9, 1999, to finance a portion 15 of the Company's costs to construct, renovate and equip a new 14-story residential wing 16 and to substantially renovate its existing campus located at 3100 Shore Drive, Virginia 17 Beach, Virginia, and has held a public hearing thereon on August 18, 2005; and 18 WHEREAS, the Authority has requested City Council (the "Council") of Virginia 19 Beach, Virginia (the "City") to approve the issuance of the Series 2005 Bonds to comply 20 with Section 147(f) of the Internal Revenue Code of 1986, as amended; and 21 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, 22 a copy of the Authority's Resolution approving the issuance of the Bonds, subject to 23 terms to be agreed upon, and a reasonably detailed summary of the comments 1-663737.1 08/25/2005 11 :50 AM 24 expressed at the public hearing, if any, have been filed with the Council ~f the City of 25 Virginia Beach, Virginia. 26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 1. The Council of the City of Virginia Beach, Virginia hereby approves the 29 issuance of the Series 2005 Bonds by the City of Virginia Beach Development Authority, 30 in a principal amount not to exceed $55,000,000 for the purpose of refunding the 31 Authority's outstanding Series 1999A Bonds maturing on or after November 1, 2010, for 32 the benefit of Westminster-Canterbury of Hampton Roads, Inc., to the extent required 33 by Section 147(f) of the Internal Revenue Code, to permit the Authority. to assist in 34 issuing the Series 2005 Bonds. 35 2. The approval of the issuance of the Series 2005 Bonds, as required by 36 Section 147(f) does not constitute an endorsement of the bonds or the creditworthiness 37 of the Company and, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as 38 amended, the Series 2005 Bonds shall provide that neither the City nor the Authority 39 shall be obligated to pay the Series 2005 Bonds or the interest thereon or other costs 40 incident thereto except from the revenues and moneys pledged therefor, and neither the 41 faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall 42 be pledged thereto. 2 1-663737.1 08/25/2005 11 :50 AM 43 3. In approving the Authority's Resolution, the City of Virginia Beach, 44 including its elected representatives, officers, employees and agents, shall not be liable 45 and hereby disclaims all liability for any damages to any person, direct or consequential, 46 resulting from the Authority's failure to issue the Series 2005 Bonds for any reason. 47 4. This Resolution shall take effect immediately upon its adoption. 48 49 Adopted by a majority of a quorum of the Council of the City of Virginia Beach, 50 Virginia on September 6, 2005. 51 I certify the foregoing to be a true and correct copy of the Resolution adopted by 52 the City Council of the City of Virginia Beach, at a regular meeting held on September 6, 53 2005. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 ~? CA9692 August 31,2005 City Clerk APPROVED AS TO LEGAL SUFFICIENCY: H\OID\REAL ESTATE\DEVAUTH\BOND\ WORK\DAI585 Westminster-Canterbury of Hampton\City Council Resolution.DOC 3 1-663737.1 08/25/2005 11:50 AM VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com August 18, 2005 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Westminster-Canterbury of Hampton Roads, Inc. Revenue Refunding Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with project Westminster-Canterbury of Hampton Roads, Inc. located at 3100 Shore Drive in the city of Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the bonds described above is attached as Exhibit E. (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 principals. (6) Attached as Exhibit H is a letter from the Department of Economic Development commenting on the Project. Very truly yours, RGJ/NH/mlg Enclosures Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+--------------------------- I I I I I , I I I I WILLCOX & SAVAGE, P.C. ONE COMMERCIAL PLACE P ZEMANIAN 1800 BANK OF AMERICA CENT NORFOLK VA 23510 REFERENCE: 10220601 13620239 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON: 08/04 08/11 I I I , , , I I I I , I I , AD SPACE: 82 LINE' , TOTAL COST: FILED ON: my ~~ and-state on the day and year ~ . expires January ~, 2008 Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) ON AUGUST 18, 2005 The Chairman ofthe City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the "Borrower") that the Authority undertake the issuance of its Residential Care Facility Mortgage Refunding Revenue Bonds, Series 2005 (the "Series 2005 Bonds") in the maximum principal amount of$55,000,000 to refund its outstanding Residential Care Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds") maturing on or after November 1, 2010, and that a notice of public hearing was published in The Virginian-Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia, in accordance with applicable law governing the issuance oftax-exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of such notice are to be filed with the records of the City Council of the City of Virginia Beach (the "Council"). Mr. Hugh L. Patterson, an attorney with Willcox & Savage, P .C., appeared and addressed the Authority as attorney for the Borrower and as bond counsel with respect to the issuance of the Series 1999A Bonds and the Series 2005 Bonds. He indicated that it is unusual to have a public hearing to approve the issuance of refunding bonds but in this instance, the Series 1999 A Bonds are to be advanced refunded (refunded more than ninety (90) days after the issuance of the refunding bonds) and a public hearing is required by applicable tax law in the case of advance refundings. Mr. Patterson stated that the proceeds from the issuance of the Series 1999A Bonds were used by the Borrower to pay a part of the construction costs of Westminster-Canter bury's new west wing and substantial renovations recently completed to its existing campus located at 3100 Shore Drive in Virginia Beach, Virginia. Construction of this project was completed as of March 31, 2002, and as a result of Westminster-Canter bury's expansion of its life-care facilities with the assistance of Authority financing, Westminster-Canterbury currently (a) employs 385 full-time and 50 part-time employees with an average annual salary and benefits per employee of $34,697, (b) pays annual real property taxes of$833,680, (c) pays annual personal property taxes of $56,060, (d) purchases approximately $7,000,000 of local goods and services each year and (e) provides residential facilities and services for about 700 senior residents who are living there. Ms. Erle Marie Latimer as President and Mr. Dan Oetzel as Chief Financial Officer of Westminster-Canterbury appeared at the hearing and were available to answer questions concerning the current operations of Westminster-Canter bury's life care facilities on Shore Drive. No members ofthe public appeared to ask questions concerning the project or the issuance ofthe Series 2005 Bonds being requested by Westminster-Canterbury. No other persons appeared to address the Authority, and the Chairman closed the public hearing. 1-663664.1 08/24/2005 II :33 AM The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia, approve the issuance of the Series 2005 Bonds and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 2 1-663664.\ 08/24/2005 \1:33 AM Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE UP TO $55,000,000 OF ITS RESIDENTIAL CARE FACILITY MORTGAGE REVENUE REFUNDING BONDS (WESTMINSTER- CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2005 WHEREAS, Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury") has described its interest in having the City of Virginia Beach Development Authority (the "Authority") issue up to $55,000,000 of its Residential Care Facility Mortgage Revenue Refunding Bonds, Series 2005 (the "Series 2005 Bonds") to refund its Series 1999A Bonds in the approximate amount of $46,000,000 which were issued, together with its Series 1999B Bonds (now fully paid and redeemed), to finance the construction of a new west wing and substantial renovations at Westminster-Canterbury' s residential campus at 3100 Shore Drive in Virginia Beach, Virginia; and WHEREAS, Westminster-Canterbury, in its application and in its appearance before the Authority, has requested that the Authority issue its Series 2005 Bonds under the provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 ofthe Code of Virginia of 1950, as amended (collectively, the "Act"); and WHEREAS, a public hearing has been held as required by Section I 47(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: I. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that the issuance ofthe Series 2005 Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion oftheir safety, health, welfare, convenience or prosperity and will further the public purposes of the Act and provide a public benefit to the City by, among other things, ensuring the availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. 3. It has previously been found and determined that Westminster-Canterbury's facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the aged within the meaning of the Act. 4. The Authority hereby agrees to cooperate with Westminster-Canterbury in reviewing plans to refund its outstanding Series 1999A Bonds and, subject to the Authority's 1-660368.1 08/03/2005 9. The Authority shall not be liable and hereby disclaims all liability to Westminster- Canterbury for any damages, direct or consequential, resulting from the Authority's failure to issue Series 2005 Bonds for any reason, including but not limited to, the failure of the City Council of the City of Virginia Beach to approve the issuance ofthe Series 2005 Bonds. Nothing herein shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to Series 2005 Bonds. 10. Unless this Resolution is extended by the Authority, the Series 2005 Bonds shall be issued within one year from the date hereof or this Resolution shall become void and of no further force or effect. 11. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Series 2005 Bonds and hereby directs the Chairman or Vice- Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 12. This Resolution shall take effect immediately upon its adoption. ADOPTED: August 18, 2005 CI\ VIRGINIA BEACH DE LO ENT AUTHORITY \ \" \ /" \/ l!VL~ By --1 \0l--:1 Assistant Secretary 3 1-660368.1 08/03/2005 DISCLOSURE STATEMENT Date: August 18, 2005 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $55;000,000 Residential Care Facility Mortgage Refunding Revenue Bonds, Series 2005 to refund outstanding Series 1999A Bonds maturing on or after November 1, 2010, in the approximate amount of $46,000,000 which were issued, together with Series 1999B Bonds (now fully paid and redeemed), to finance the construction of a new west wing and substantial renovations at Westminster-Canterbury' s residential campus at 3100 ShDre Drive in Virginia Beach, Virginia 1. The Applicant is a Virginia corporation. 2. The Applicant is the owner ofthe Project. 3. The current officers and trustees of Applicant are listed on the attached EmmhA. ' WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. BY~~~ Gen Counsel 664372_l.DOC Trustees of Westminster-Canterbury are: 1. Appointed by the Episcopal 2. Appointed by the Presbytery of Diocese: Eas tern Vir2inia The Honorable Mark Davis Mr. R. Bruce Bradley 2732 Sterling Point Drive Landmark Communications Portsmouth. V A 23703 150 W. Bramb1eton Avenue Norfolk. VA 23510 Mr. Carter B. S. Furr. Jr. Dr. Clarence A. Holland Signature Financial Management. Inc. 4328 Sandy Bay Drive 150 W. Main Street. Suite 1550 Virginia Beach. VA 23455 Norfolk. VA 23510 Mr. Tommy Kyrus Mr. Doyle E. Hull 2973 Shore Drive #102 7615 Nancy Drive Virginia Beach. VA 23451 Norfolk. VA 23518 Mr. David Limroth Dr. Richard J. Keever McPhillips. Roberts & Deans. PLC Bayside Presbyterian Church P.O. Box 1180 1400 Ewell Rd. Norfolk. VA 23501 Virginia Beach. VA 23455 Mr. Charles D. Robison. III Mr. Robert G. Krebs, Jr. Resource Bank Merrill Lynch P.O. Box 61009 208 Golden Oak Court Virginia Beach. VA 23466 Virginia Beach. VA 23452 Mr. James K. Sands Mrs. Mary Louis leHew 3252 Page Ave.. Unit 203 917 Larchmont Crescent Virginia Beach, V A 23451 Norfolk. VA 23508 Mr. Charles Tucker Mr. E. George Middleton, Jr. 7325 Barberry Lane 2510 Cromwell Road Norfolk, VA 23505 Norfolk, VA 23509 Mrs. Anne Kyle Williams Mr. T~ewell G. Taylor 6410 A Ocean Front Ave. Sullivan, Andrews & Taylor, P .C. Virginia Beach, VA 23451 5544 Greenwich Rd., Suite 103 Virginia Beach. V A 23462 664372JDOC 08/25/2005 The Officers of Westminster-Canterbury are: Chairman: Mr. Robert G. Krebs, Jr. Merrill Lynch 208 Golden Oak: Court Virginia Beach, VA 23452 Vice Chainnan: Mr. Doyle E. Hull 7615 Nancy Drive Norfolk, VA 23518 Secretary: Mrs. Mary Louis Le Hew 917 Larchmont Crescent Norfolk, VA 23508 Treasurer: Mr. Charles D. Robison, III Resource Bank P.O. Box 61009 Virginia Beach, VA 23466 President: ErIe Marie Latimer 3100 Shore Drive Virginia Beach, VA 23451 Chief Financial Officer and Daniel C. Oetzel Assistant Treasurer: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Resident & Health Judith O'Toole Raymond Services and Assistant Secretary: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Business and D. William Pine Resource Development: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Development and Robert A. Heely Community Relations: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Human Resources: Lorraine D. Mahone 3100 Shore Drive Virginia Beach, V A 23451 664372 l.DOC 08/25/2005 Exhibit E VIRGINIA BEACH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. REFUNDING OF CALLABLE SERIES 1999A BONDS The Authority recommends approval of the captioned refinancing. The refinancing will allow Westminster-Canterbury to achieve substantial interest savingsl which will benefit the citizens ofthe City of Virginia Beach, Virginia by ensuring the availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. Exhibit F FISCAL IMPACT STATEMENT DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. TYPE OF FACILITY: Life Care Facility 1. Maximum amount of financing sought (Series 1999A Bonds to be advance refunded) $ 55,000,000 2. Assessed value of the facility's real property for Fiscal Year 2006 $ 80,939,702 $ 833,680 3. Real property taxes for Fiscal Year 2006 4. Personal property taxes for Fiscal Year 2006 $ 56,060 5. Estimated merchant's capital (business license) tax per year using present tax rates $ 6. Estimated dollar value of goods and services that will be purchased locally in Fiscal Year 2006 $ 7,000,000 7. Estimated number of regular employees for Fiscal Year 2006 385 full-time and 50 part-time 8. Average annual salary and benefits per employee $ 34,697 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By ~,,__titd ~~.. ~ nCo/L Chair I ~ 1-660421.1 08/03/2005 t;:J 1-\ \ \3i 'T G- SUMMARY SHEET 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? Westminster-Canterbury of Hampton Roads, Inc. 3100 Shore Drive, Virginia Beach, Virginia 23451 Advance refunding of approximately $46,000,000 of the Authority's Residential Care Facility Mortgage Revenue Bonds, Series 1999 A issued on behalf of Westminster-Canterbury on December 9, 1999, to finance the cost of constructing a new west wing and substantially renovating its existing life care facility. $55,000,000 Episcopal Diocese of Southern Virginia Presbytery of Eastern Virginia, Presbyterian Church (USA) B-4 No N/A f~I-I\i6\ T d VIRGINIA BEACH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com August 18, 2005 Mr. Robert G. Jones Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear Bob: The Department of Economic Development concurs with the issuance of residential care facility mortgage revenue refunding bonds in an amount not to exceed $55,000,000 for Westminster-Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds are to be utilized primarily to finance the cost of (1) constructing a new 14- story residential wing with 164 independent living apartments, a wellness center with exercise room, pool, and an enlarged 350 people capacity auditorium; (2) substantially renovating its existing life care facility, and (3) providing for covered parking. I will be happy to answer any questions you may have at our meeting of August 18th. Sincerely, ~W~ Mark R. Wawner Project Development Coordinator Ills r--" -- - 25 - Item V-J. APPOINTMENTS ITEM # 54357 BY CONSENSUS, City Council RESCHEDULED: EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS AND RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) September 6, 2005 - 26- Item V-J.l PUBLIC COMMENTS Non Agenda Items ITEM # 54358 Mayor Oberndorf ascertained City Council's pleasure and then directed the Public Comments be televised and heard prior to Adjournment. City Council requested the City Manager repeat the briefing relative the Base Realignment and Closure Commission Update presented earlier in the afternoon. The BRAC has not issued their report, but has until September 8, 2005, to present the President with the results of the BRAC recommendations: BRAC REQUIREMENTS. 1. If Virginia Beach fails to meet the BRA C Commission's conditions, NAS Oceana will be realigned, not closed; i.e. The Base will remain a naval facility 2, Enact State legislation requiring Virginia Beach and Chesapeake to adopt zoning ordinances consistent with AICUZ/OPNA V Instruction to prevent incompatible development in the 70 dB or greater noise zones 3, To protect and clear the area defined by and within the Accident Potential Zone 1 (APZl). State and local laws must be enacted to establish a plan and spend at least $15-MILLION per year to purchase the property within the area, The plan must include provisions for eminent domain acquisition. (The majority believe eminent domain is a possibility, but could be avoided and voluntary acquisitions attempted for many years) 4. The provisions of the Joint Land Use Study (JLUS) must be enacted by the Virginia General Assembly and the Virginia Beach City Council 5. The State must legislate requirements for Virginia Beach and Chesapeake to evaluate all undeveloped properties in the 70 dB or greater, noise zones that are zoned for uses incompatible with the OPNA V Instruction to determine if they can be rezoned so as not to permit incompatible uses 6, State and Local governments must establish a program for the purchase of development rights in the flight path between NAS Oceana and NALF Fentress defined as the "Inter-Facility Traffic Area" 7, The State must enact legislation creating an Oceana/Fentress Advisory Council September 6,2005 Item V-J.1 PUBLIC COMMENTS -27- Non Agenda Items ITEM # 54358 (Continued) 8. The Deadline for enactment of the BRAC Commission requirements is the end of March 2006. (The key compliance date would be a review conducted in June by the Comptroller General of the United States, certifYing whether Virginia Beach has or has not complied with the requirements.) 9. If the conditions are not met, and the State of Florida meets certain conditions, all Master Jet Base units and functions at Ocean a will relocate to Cecil Field, subject to: a. Appropriate sufficient funds to relocate commercial tenants previously located at Cecil Field b. Appropriate sufficient funds to secure public-private ventures for all personnel housing required by the Navy at Cecil Field for a relocation c, Turn over fee simple title to Cecil Field and its improvements to the Department of Defense on or before December 31,2006 10, The BRA C Commission stated further that "it is the sense of the Commission that the future of Naval Aviation is not NAS Oceana." The BRAC urged the Navy to begin transitioning high intensity training evolutions to other bases that are less encroached upon, However, this statement is inconsistent with sworn testimony of Naval officials and with representations of the Navy. The City Manager referenced correspondence of Admiral Willard, Vice Chief of Naval Operations, dated August 23, 2005, addressed to the Chair Anthony 1. Principi, Base Realignment and Closure Commission. Admiral Willard advised Oceana would provide a better option for the Navy for the next several decades and possibly beyond. The City Manager referenced the BRAC Timeline: September 8, 2005 September 23, 2005 November 7,2005 (No later than) December 8, 2005 January 3, 2006 (No later than) March 31, 2006 April 10, 2006 June 1,2006 BRAC Recommendations to the President President approves/disapproves BRAC Recommendations (If the President disapproves the recommendations, BRAC must transmit revised list by October 20, 2005) Final Presidential Approval General Assembly Pre-filing deadline Congressional Approval of BRAC BRAC Compliance Governor Signs Bills Government Accountability Office certification deadline September 6,2005 - 28- Item V-J.l PUBLIC COMMENTS Non Agenda Items ITEM # 54358 (Continued) Another key provision is the requirement in the Legislation that the Department of Defense has six (6) months to analyze Cecil Field versus a green field development (building a base on a site and State yet to be determined), This would entail Congressional action in Mid November and could be as long as six (6) monthsfrom January Third (June). There are four (4) months involvedforcomment on the Department of Defense comparison. The City Manager advised the points would be emphasized. Ocean a could be maintained far less expensively than retrofitting and updating Cecil Field or a new green field development. The following speakers registered under PUBLIC COMMENT: French Mackes, 5619 Jagger Court, Phone: 502-0418, requested "Jagger Court" be renamed: Pat Tilman, Mr. Mackes submitted a petition in support, which is hereby made a part of the record. Pat Tilman, walked away from a career in the National Football League, joined the Military and died while fighting in Afghanistan in April 2004. The City Manager shall review and advise. The following spoke re opposition to eminent domain contained within the BRAC guidelines: Sam Reid, 1533 Virginia Beach Boulevard, Phone; 437-5648, President - Oceana Gardens Civic Association comprised of 662 homes, one-third of the 1800 homes are in the APZ. Michael Linett, 2432 East Chester Drive, Phone: 486-6431, twenty-nine year resident ofCheltenham Square Lucette Schaeffer, resident of Cheltenham Square, of French origin who became a citizen in 1963, resident of Cheltenham Square since 1963 Marian Linett, 2432 East Chester Drive, Phone: 486-6431, twenty-nine year resident ofCheltenham Square. Ron Banzi, 444 North Adventure Trail, Phone: 340-7581, resident of Nottingham Estates since 1983. Janice Roller, 2444 Eastchester Drive, Phone: 486-2854, currently having an addition built to existing home Maurice Rainey, 2241 Wolf Street, Phone: 340-4708, resident of the Gatewood Park Subdivision in 1979 Ray Gayhart, 221 Gatewood Avenue, Phone: 486-3695, retired from the Navy, 24-year residentJour years ago expended $60,000 on home improvements, Robert Brust, 2509 Haren Road, Phone: 431-1859, resident of Eureka Park since 1987. John Patterson, 1381 Pleasant Ridge Road, Phone: 721-0663, 15-year resident Carol Lemon, 233 Gatewood Avenue, Phone: 340-6244, presented a petition to save Gatewood Park. Said petition is hereby made a part of the record. September 6, 2005 - 29- Item V-J.l PUBLIC COMMENTS Non Agenda Items ITEM # 54358 (Continued) The following spoke in opposition to eminent domain contained within the BRA C guidelines: Tori Burkey, 2485 Elon Drive, Phone: 498-8012, 13-year resident ofCheltenham Square Cheryl McClenney, 2248 Reuben Street, Phone: 431-4405, life time resident, advised some of the affected neighborhoods are the oldest in the City Gay Rehnback, 22 32 Wolf Street, Phone: 340-0348, 51-year resident of Gatewood Park. Dan Baxter, 2001 Drumheller Court, President - Council of Civic Organizations and Chair - Clean Community Commission. Mr, Baxter spoke in support of the Resolution and Ordinance re BRA C, adopted by City Council during the Formal Session. The BRAC recommendations are just an ultimatum. Mr. Baxter distributed information re Lake Management and Impact on Watershed, the Clean Community Commission and their programs. September 6, 2005 - 30- Item V-M. ADJOURNMENT ITEM # 54359 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:12P.M. ar~m~_~~!~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~ Ruth Hodges Smith, MMC City Clerk Meyera E, Oberndorf Mayor City of Virginia Beach Virginia September 6,2005