Loading...
HomeMy WebLinkAboutJULY 18, 2006 MINUTES CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR IDUlS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach- District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, Lynnhaven -District 5 CI7Y MANAGER - JAMES K. SPORE CI7Y ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC I. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 18 JULY 2006 CITY MANAGER'S BRIEFING - Conference Room - 3:30PM A. GREENMARKET AT TOWN CENTER Jack Whitney, Director, Department of Agriculture II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rolfe Carawan President, Life Matters Ministries 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 FORMAL SESSION INFORMAL and FORMAL SESSIONS June 30, 2006 July 11, 2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTIONSIORDINANCES 1. Resolution re issuance by the Industrial Development Authority of Lancaster County for Revenue Bonds in an amount not to exceed $2,700,000 for the Bishop Sullivan Catholic High School. 2. Resolution to APPOINT Kari Ann Kopnicky to the position of Assistant City Attorney. 3. Ordinance to AMEND the FY 2006-07 Sheriff Department's Special Revenue Operating Budget in the amount of $952,556 to establish four (4) new positions. 4. Ordinance to ACCEPT and APPROPRIATE $10,192 from the Hampton Roads Squadron Association of Naval Aviation to the Police Department's FY 2006-07 Operating Budget re the Oceanfront Camera replacement project. - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 18 July 2006 Council Lady Reba S. McClanan called to order the City Council Comment Session in the City Council Conference Room, City Hall, on Tuesday, July 18,2006, at 3:30 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Personal Commitment Entered: Formal Session - 6:00 P.M.] Vice Mayor Louis R. Jones [Family Vacation) Ron A. Villanueva [Family Vacation) July 18, 2006 - 2 - C IT Y MANA G E R 'S B R IE FIN G GREENMARKET AT TOWN CENTER ITEM # 55437 3:30 P.M. The City Manager introduced Attorney Andrew Fine and Peter Coe, who had previously approached the City concerning development of a GreenMarket at Town Center. Jack Whitney Director of Agriculture, advised during the Biennium Operating Budget Workshops, Council Lady Wilson inquired re the possibility of having a seasonal satellite Farmers Market in the northern part of the City. Staff has been working for several months with a group of community leaders who have come forward with a community based concept and vision for exactly this type of activity to be located in the Town Center. Mayor OberndorJ, during the Budget Workshop, had requested a presentation to City Council concerning this concept. Three (3) baskets were presented to City Council as compliments of the Cullipher Farm, Taste Unlimited and Rob Mays to exhibit some of the fresh vegetables and flowers which will be displayed for sale at the GreenMarket. Peter Coe, President - Taste Unlimited, and member of the Citizens Committee of citizens proposing a lively, bustling GreenMarket at Town Center (Saturday mornings during the summer months). The market will sell fresh, locally grown fruits, vegetables, meats, seafood, homemade delicacies (peach pies, blueberry jam, goat cheeses, colorful flowers and plants). Vendors will be the farmers who actually grow the food, watermen who catch the seafood and producers who grow and create their own products Peter Coe quoted: "Farmers Markets are one of the most exciting trends in the American food systems. Farmers Markets are important because they give local farmers the chance to sell food they raise directly to customers, allow the consumers to buy fresh food from the individuals who raise it, help create new farms and food businesses, provide communities ways to create excitement and activities in downtowns and neighborhoods. " Neil Hamilton Agricultural Law Center - Drake University The GreenMarket at Town Center, a central location for all of Hampton Roads, will be a fun gathering place where residents from across the region can find the freshest seasonal product, while enjoying a cup of coffee, a musical performance or a chef's demonstration. The committee hopes children will learn their food comes from the ground and not from the frozen food section of the grocery store. The producers will have the opportunity to meet with and talk "face to face" to their customers. The GreenMarket will encourage farmers to expand what they grow as it will be an ideal venue for specialty crops such as heirloom tomatoes, herbs, baby and organic vegetables. The GreenMarket is consistent with the Mission of Town Center as a mixed use, main street hub and will add a vibrant component to quiet Saturday mornings. The Public Plaza and Central Park are designed for public performances and gatherings. Chefs, including many from Town Center restaurants, will be invited to participate in cooking demonstrations. The GreenMarket concept has been approved by the Central Business District and Town Center Advisory Boards. The GreenMarket will support our local economy by encouraging residents to buy locally, thus keeping the revenue in the City. It will give a boost to the local farmers by cutting out the middle man. The GreenMarket will complement the Farmer's Market by increasing the focus on fresh, local products. This market could be the catalyst for other GreenMarkets in the future. July 18, 2006 - 3 - CITY MANA GER 'S BRIEFING GREENMARKET AT TOWN CENTER ITEM # 55437 (Continued) The GreenMarket Committee estimated $60,000 will be required as "seed money" for each of the next two (2) years. These funds will be utilized to hire staff and develop the GreenMarket. Mr. Coe distributed copies of the proposed budget which is hereby made a part of the record. Full-time position throuflh temporary aflencv $ 38,000 AdvertisinJ! 5,000 PrintinJ! 2,000 Telephone 550 Computer - purchase notebook and software 2,000 Office supplies 200 MileaJ!e (3,000) 1,000 Website 3,000 Trash removal 750 Si/(ns 2,000 Entertainment and Chef-at-the-Market 3,500 Miscellaneous 2,000 TOTAL $ 60,000 GREENMARKET PROPOSED BUDGET Committee Members Mary Reid Barrow Bill Campbell Peter Coe Susan Coe Mike Cullipher Patrick Evans-Hilton Andrew Fine Martha Mednick Glasser Todd Jurich Andrea Marshall Rob Mays Ann Wright City Staff Advisors Don Maxwell Director - Economic Development Rob Hudome Project Development Manager - Virginia Beach Development Authority Jack Whitney Director - Department of Agriculture Janel Leatherman Manager - Farmer's Market TIMELINE 2006 Planning, recruiting and operational organization Opening July 2007 July 18, 2006 - 4 - CITY MANA GER 'S BRIEFING GREENMARKET AT TOWN CENTER ITEM # 55437 (Continued) Mr. Whitney advised National Geographic published a small article reflecting Farmers Markets nationwide have doubled in the last decade along with increased profits. The Committee will explore grants, as well as, sponsorships. The Committee hopes to maximize the utilization of volunteers. This concept is a credit to Town Center and Virginia Beach. GreenMarket has all the ingredients for success. The City Manager advised the first year funding would be through the Contingency Reserve Account. July 18, 2006 - 5 - CITY COUNCIL COMMENTS ITEM # 55398 4:04 P.M. ITEM # 55438 Council Lady Henley announced the first of the Princess Anne District Monthly Forums is scheduled for Thursday, July 27, 2006, at 5:00 P.M., Building 19, Room B. All members of City Council are welcomed. ITEM # 55439 Council Lady Henley inquired relative City Council's policy concerning Planning items and meeting with the applicant's prior to the application being heard by City Council. Approximately seven (7) or eight (8) developers and property owners contacted her very early in the process, in some instances prior to submission to the Planning Director, re her opinion of the proposal. Council Lady Henley was concerned that preliminary meetings have been totally out of the public arena and staff was not aware. Council Lady Henley referenced the following application scheduled for the Formal Session of July 18, 2006: 1. Applications of MA THEWS GREEN ASSOCIA TES, L.L. c., re the development of a residential community with forty-nine (49) single-family lots at 2217 Matthews Green: DISTRICT 7 - PRINCESS ANNE a. Chanf!e ofZoninf! District Classification from AG-l Agricultural District to Conditional R-20 Residential District with a PD-H2 Overlay b. Discontinuance, closure and abandonment of portions of Mathews Green east of Princess Anne Road The Community and developer had concurred; however staff was "out of the loop n. The City Manager advised the decision concerning matters of this nature was each City Council Member would conduct themselves in the manner they deemed appropriate. The City Manager advised this topic would be excellent for discussion during City Council's Retreat (August 11 and 12, 2006) re establishing policy. Council Lady Henley referenced the Briefings by Planning staff the morning of each Planning Commission meeting encompassing a synopsis of each of the applications. Council Lady Henley suggested during the first City Council Session of each month, the staff advise City Council of any of their concerns on each of the Planning items scheduled for that month. Council Lady Henley referenced Chief Gregory B. Cade's - Fire Department, position re application of Mathews Green Associates, L.L. C. The City Manager advised the reason for Chief Edwards, Emergency Medical Services and Chief Cade, Fire Department's correspondence was the item went to the Planning Commission re the connecting roadway that was shown on the plan. At the Planning Commission level, this road was removed and reduced to a pedestrian or bikeway connection. The Chiefs had concerns as this was the only emergency way in and out of the particular subdivision. July 18, 2006 - 6 - CITY COUNCIL COMMENTS ITEM # 55439 (ContinuedO "The original submittal for the subdivision had plans that showed two (2) entrances off Mathews Green and a neighborhood tie-in with Kindling Hollow in Three Oaks. The applicant submitted the proposal for residential development depicting connection to the existing street tie within the adjacent neighborhood based on the City's Subdivsion Regulations Design Standards. Section 4.1.b.1 states 'provide for continuation or appropriate projection of existing arterial or collector streets in surrounding area.' In addition, on Mathews Green there is an entrance through the veterinary clinic on private property if there is a traffic interruption at Princess Anne and Mathews Green" "During the Planning Commission meeting, the street connection on Kindling Hollow into Three Oaks was closed and changed into a bike and walking path. This change is unacceptable to the Fire and EMS Departments which view secondary access to subdivisions as critical to service delivery. If the street connection is not acceptable, a gated access can be negotiated that would be normally closed to through traffic. This will provide for emergency access when the primary route is obstructed by traffic, trees, wires down, snowdrifts, flooding or any other manmade or natural incident that closes the primary entrance. " Said letter is hereby made a part of the record. Council Lady McClanan suggested guidelines be established and available to the citizenry. Councilman Diezel expressed concern re the issue of access. Public safety should not be compromised. A citizen group should not be placed in a situation to negotiate existing statutes. ITEM # 55440 Council Lady Henley referenced a compilation be made be made of the Transition Area projects to determine the cumulative impact on the full Transition area. These items would entail the transportation system, trail situation (particularly offroad), and impacts of infrastructure (schoolslroads). Council Lady Henley does not believe the streets have been connecting in this area. ITEM # 55441 Councilman Dyer referenced correspondence from Lake James citizens expressing concern re the borrow pit which will handle construction debris. The citizens were worried re the ground water and how it may adversely affect Lake James. The City Manager advised a letter is being prepared in response and a meeting can be arranged with the affected citizens. Council Lady McClanan requested all members of City Council be advised when the meeting date is scheduled. July 18,2006 - 7 - AGENDA RE VIE W SESION 5:07 P.M. ITEM # 55442 1.3. Ordinance to AMEND the FY 2006-07 Sheriff Department's Special Revenue Operating Budget in the amount of$952,556 to establish four (4) new positions. Council Lady Henley requested an ongoing calculation of Reserve for Contingencies be prepared for City Council. This is the third item utilizing these Reserves since the 2006-2007 Budget was approved in May 2006. ITEM # 55443 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: I. RESOLUTIONS/ORDINANCES 1. Resolution re issuance by the Industrial Development Authority of Lancaster County for Revenue Bonds in an amount not to exceed $2,700,000 for the Bishop Sullivan Catholic High School. 2. Resolution to APPOINT Kari Ann Kopnicky to the position of Assistant City Attorney. 3. Ordinance to AMEND the FY 2006-07 Sheriff Department's Special Revenue Operating Budget in the amount of $952,556 to establish four (4) new positions. 4. Ordinance to ACCEPT and APPROPRIATE $10, 192from the Hampton Roads Squadron Association of Naval Aviation to the Police Department's FY 2006-07 Operating Budget re the Oceanfront Camera replacement project. July 18, 2006 - 8 - AGENDA RE VIE W SESION ITEM # 55444 1. Applications of MATHEWS GREEN ASSOCIATES, L.L.C., re the development of a residential community with forty-nine (49) single-family lots at 2217 Matthews Green: DISTRICT 7 - PRINCESS ANNE a. Chanf!e ofZoninf! District Classification from AG-l Agricultural District to Conditional R-20 Residential District with a PD-H2 Overlay c. Discontinuance. closure and abandonment of portions of Mathews Green east of Princess Anne Road This item shall be discussed during the Formal Session. ITEM # 55445 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 2. Variances re lot size to 84.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO): DISTRICT 5 - LYNNHA VEN a. C and C DEVELOPMENT COMPANY, INC., at 200 60th Street re construction of two (2) single-family dwellings with one (1) existing single-family dwelling b. JESSUP CONSTRUCTION, L.L.C., at 973 Little Neck Road re two (2) Single-family parcels 3. Variances for THE UNITED STATES FISH AND WILDLIFE SERVICE at 1808 Nanneys Creek Road: a. 85B of the Site Plan Ordinance, Floodplain Regulations re one (1) new dwelling, drain field, well site and gravel drive b. 84.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) due to low elevations 4. Application of EVERETTE L. BROWN for a Conditional Use Permit re bulk storage and automotive repair facility at 1305 and 1309 Virginia Beach Boulevard. DISTRICT 6 - BEACH July 18, 2006 - 9 - AGENDA RE VIE W SESION ITEM # 55445 (Continued) 5. Application of CUSTOM GRANITE MANUFACTURING CO. for a Conditional Use Permit re a bulk storage yard at 3488 Chandler Creek Road/. DISTRICT 3 - ROSE HALL 6. Application of ROBERT D. VOOGT for a Conditional Use Permit re a facility for the cognitively impaired at 1851 and 1853 Old Donation Parkway. DISTRICT 5 -LYNNHAVEN Council Lady Henley DISCLOSED re Item3a/b (The United States Fish and Wildlife Service), her cousin is the owner of the property being sold to the Fish and Wildlife; however, a conflict does not exist. July 18, 2006 - 10- ITEM # 55446 Council Lady Reba S. McClanan entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: 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 - Dominion Resources ROW Centerville District - SE Parkway Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:13 P.M.). Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones and Ron A. Villanueva (Closed Session: 4:13 P.M. - 4:40 P.M.) (Dinner: 5:00 P.M. -6:00 P.M.) July 18, 2006 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 18, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 18, 2006, at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones [Family Vacation) Ron A. Villanueva [Family Vacation) INVOCATION: Reverend Rolfe Carawan President, Life Matters Ministries PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm 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 and file 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 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 and file 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. July 18, 2006 - 12 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 55447 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Closed Session, due to a previous commitment. July 18, 2006 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 inITEM # 55446J Page 10, and in accordance with the provi9.ons of The Virginia Freedom of Information A~ and, WHEREAS. Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOvy' THEREFORE, BE IT RESOL VEl>. 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. - July 18, 2006 - 13 - Item V-F.l.. MINUTES ITEM #55448 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED Minutes of the SPECIAL SESSION of June 30, 2006. Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva Councilman Diezel ABSTAINED, as he was not in attendance, as he was with his family on vacation, during the City Council Special Session of June 30,2006. July 18, 2006 - 14- Item V-F. 2. MINUTES ITEM #55449 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of July 11,2006. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 15 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55450 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 18, 2006 - 16 - Item V-G.2. RECOGNITION ITEM #55451 Mayor Oberndorfrecognized the following Boy Scouts in attendance to fulfill requirements for their badges: Troop 364 Chartered by Bayside Presbyterian Church Mike Lambiase Assistant Scout Master Michael Lambiase Tony Lambiase John Lambiase Caleb Benn Bill Brazier Chris Horton Trey Bowman Scott Radcliffe Graham Camble Caleb Pullen Troop 504 Sponsored by CBS, L.L. C. Joshua Ellsworth Lawrence Ellsworth, Jr. Brant Verhurst July 18, 2006 - 17 - Item V.L RESOLUTIONS/ORDINANCES ITEM #55452 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances 1, 2, 3, and 4. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 18 - Item v.I.1. RESOLUTIONS/ORDINANCES ITEM #55453 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re issuance by the Industrial Development Authority of Lancaster County for Revenue Bonds in an amount not to exceed $2,700,000 for the Bishop Sullivan Catholic High School Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 1 A RESOLUTION CONCURRING WITH AND APPROVING 2 THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT 3 AUTHORITY OF LANCASTER COUNTY, VIRGINIA, OF 4 ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED 5 $2,700,000 FOR BISHOP SULLIVAN CATHOLIC HIGH 6 SCHOOL 7 8 9 WHEREAS, the Industrial Development Authority of Lancaster 10 County, Virginia (the Lancaster County Authority), has considered 11 the plans of Bishop Sullivan Catholic High School, a component of 12 the Catholic Diocese of Richmond, Virginia (the Borrower), whose 13 educational facility (the School) is located at 4552 Princess 14 Anne Road, Virginia Beach, Virginia 23462, for the issuance of 15 the Lancaster County Authority's revenue bond (the Bond) in an 16 amount not to exceed $2,700,000 to assist the Borrower in 17 refinancing the construction and equipping of athletic, library 18 and classroom facilities at the School (collectively, the 19 Project), located at 4552 Princess Anne Road, Virginia Beach, 20 Virginia; 21 WHEREAS, the proceeds of the Bond will also finance the cost 22 of issuing the Bond; 23 WHEREAS, the Lancaster County Authority has held a public 24 hearing with respect to the Bond on May 31, 2006, and has adopted 25 an approving resolution (the Lancaster County Authority 26 Resolution) with respect thereto; 27 WHEREAS, the City of Virginia Beach Development Authority 28 (the virginia Beach Authority), has held a public hearing with 29 respect to the Bond on June 20, 2006, and has adopted an 30 approving resolution recommending that the City Council of the 31 City of Virginia Beach, Virginia (the Council), concur with the 32 Lancaster County Authority Resolution; and 33 WHEREAS, as the Project is located in virginia Beach and the 34 Virginia Beach Authority is in existence and has the power to 35 issue bonds for the Project, Section 15.2-4905 of the Code of 36 Virginia of 1950, as amended (the virginia Code), provides that 37 the Council must concur with the adoption of the Lancaster County 38 Authority Resolution; 39 WHEREAS, the Internal Revenue Code of 1986, as amended (the 40 Code), provides that the highest elected governmental officials 41 of the governmental unit having jurisdiction over the area in 42 which any facility financed with the proceeds of private activity 43 bonds is located shall approve the issuance of such bonds; and 44 WHEREAS, the members of the Council constitute the highest 45 elected governmental officials of the City of Virginia Beach; and 46 WHEREAS, a copy of the Lancaster County Authority 47 Resolution, the virginia Beach Authority's approving resolution, 48 a reasonably detailed summary of the comments expressed at the 49 public hearing with respect to the Bond held by the Virginia 50 Beach Authority and a statement in the form prescribed by Section 51 15.2-4907 of the virginia Code have been filed with the Council; 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 53 CITY OF VIRGINIA BEACH, VIRGINIA: 54 1. The City Council of the City of Virginia Beach, 55 virginia, concurs with the adoption of the Lancaster County 56 Authority Resolution and approves the issuance of the Bond by the 57 Lancaster County Authority to the extent required by the Code and 58 Section 15.2-4905 of the virginia Code. 59 2. The approval of the issuance of the Bond, as required 60 by the Code and Section 15.2-4905 of the Virginia Code, does not 61 constitute an endorsement to a prospective purchaser of the Bond 62 of the creditworthiness of the Borrower and the Bond shall 63 provide that the City of virginia Beach shall not be obligated to 64 pay the Bond or the interest thereon or other costs incident 65 thereto and neither the faith or credit nor the taxing power of 66 the Commonwealth of Virginia or the City of Virginia Beach shall 67 be pledged thereto. 68 3. This resolution shall take effect immediately upon its 69 adoption. 70 Adopted by the City Council of the City of Virginia Beach, 71 Virginia, on the 18th day of Julv , 2006. CA10002 V :\applications\cityJawprod\cycom32\ Wpdocs\DO 1 0\P00 1 \000 175 12.DOC R-1 July 10, 2006 APPROVED AS TO LEGAL S4~ Clty Attorney VIRGINIA BR~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com June 20,2006 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Bishop Sullivan Catholic High School Concurring Revenue Bonds Dear Mayor Oberndorf and Members of City Council: We submit the following in connection with Bishop Sullivan Catholic High School located at 4552 Princess Anne Road 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. The Honorable Meyera E. Oberndorf, Mayor Members of City Council June 20, 2006 Page 2 (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. (7) Attached as Exhibit I is an Inducement Resolution from the Lancaster County, Virginia. 12;YZ~ pag& Lea Vice-Chair A WS/mlg Enclosures X:IOID\REAL ESTATEIDEV AUTH\BONDIWORKlDA1561 Bishop Sullivan Catholic High SchooIIDA Council Ltr City & Other Funds.due JUN-19-2006 14:36 THE VIRGINIAN PILOT Exhibit A TaE VIRG!NIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian.~ilot _.________------------------------------w---------~------------------------ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l..INSI I I ~---------+------------------------ KAUFMAN ~ CANDLES. SUITE noo 150 W MAIN ST NORFOLK VA 23510 P.C. REFERENCS: 10236406 15245065 NOTICE OF PUBLIC aEA State of Virginia City of Norfolk This day. Dreama 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 rnc" 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: 06/05 06/12 TOTAL COST: FILED ON: 757 446 2077 P.02 NOTICE OF PUBLIC HEARING ON PRO- POSED INOUSTRIAL'DEVELOPMENT REV. ENUE BOND FINANCING BY THE INDus. TRIAL DEVELOPMENT AUTHORITY Of LANCASTER .COUNTY, VIRGINIA, FOR BISHOP SUWVAN CATHOUC HIGH SCHOOL NOtiee is l\ereby given ~ \I1e City ot Viliinie Beacll Deve~ Opml!:nt Authority (the l\ulhonlYl wnose lldChsa is 222 Cen- i tr~1 p~", AWn~9, SulI8 1000. Vitgioie Beach. Vi'1lil'lia 2~2. : WIll .h~ ~ 1lY~liC MOOIli on lh& plan of refinanCIng 01 Bi$hoo . $oJulVJn Ci1IhOllc HIih ScllOOl. a COIllponetlt of lIie o.tholic 01_" Of Ricllmond. Vitginia (lI\e BCr~rl, wn_ ~ lIonal IllCililll (the School) ia I_~ III. 4552 Prirw;I'$$ An.. Road, Vitginia Be8Cl\, V...inia 23462. lor lhe i$$u~IlC>' 1lY lhll Indu$tlfal lle'IlIlooment AutllOrily Of l.a~aster County. VIr- Itlnla (tM Lancaster AutllOfil.Y). of its revcn~, bIJIld In an amount not lD ellCeed 52,700.000 to assl.l ttle BOfTQWW In (e) reflnencinc tile CIltIllfI'uc:lion and equlQPIng qj ~I~ic, libr~ry and CIaWDCfI'I facilities at ~ $chOQl (coUecllYe!'f,.the PrOJect) located III 4552 Pri~eS$ Anne Road, V1~nla IIeaCII V'1inia. and. (b) ~ing thl cOlit of 1&5111ni the bond. ~ Pr6Jer;t i$ owned 1lY the Booower. TI1a puDlie hea(ong. which ""'y be conlln\l8d 01' iIlliouraad. will be held 81 8:30 a.m. 011 JUOO 20, 2006, before tM AUthotil>' in tile confetenc. rDQm at 11$ otrice_ The bonds will not tlIedge the cred~ or tI18 ~ inC _"r oHIIe City Of Vitginia Ilea<:h. V1tglni;l. or lhll Alrttlor- IIy IlUt will Ile ~~ $DI1:ly from ..vtflU9$ dllrlWd 1tom lh& ComPlsIly. Ally per=n il1\l;rC$\~ In U19 1$8UIll1Qe of tile bonds Dr the 1oc.o~0I1 or notU'" o1llle ProjeCt may 1lIl0000t IInd be heard_ A copy of thQ ro6OlutJOO to'll8 COOSide<ed ~ tile Ault10rity l'fWr thll oubllc I1earln,C will b8 on file 8I'Id Ilj)en for in$~ion III \lle AutI1or1ty'8 olrlC8 cl.oring bu9ir'leu ~rS prior \0 ttle P\l~IIC tleEIrillio CI'TY Of VIRGINIA BEACH DEVELOPMEioIT AUTHORITY . VP June 6, 2006 ~524m!\ state on the day and year expires January 31, 2008 TnTAI P_Vl? EXhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING 2006 REVENUE BOND (BISHOPSULLN AN CA mOLIC HIGH SCHOOL PROJECl) At 8:40 a.m. on June 20, 2006, the Chainnan of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the refinancing request of Bishop Sullivan Catholic High School (the "School"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chainnan indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority and will be provided to the Clerk of the City C;ouncil ofthe City of Virginia Beach. . The following individual appeared and addressed the Authority: Mr. George Consalvo appeared on behalf of the School. Mr. Consolvo described the revenue bonds of School which will be utilized to assist the School in (a) refinancing the construction and equipping of athletic, library and classroom facilities at the School located at 4552 Princess Anne Road, Virginia Beach, Virginia, and (b) paying the cost of issuing the bond. Mr. Consolvo further added that it is necessary under federal and Virginia law that the Authority hold a public hearing and that the issuance of the Bonds by the Industrial Development Authority of Lancaster County, Virginia, be approved by the City Council of the City of Virginia Beach. No other persons appeared to address the Authority and the Chainnan closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the bonds in an amount up to $2,700,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. : :ODMA\PCDOCS\DOCSNFK\1070646\1 Exhibit C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR BISHOP SULLIVAN CATHOLIC HIGH SCHOOL WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plan of refinancing of Bishop Sullivan Catholic High School, a component of the Catholic Diocese of Richmond, Virginia (the Borrower), whose educational facility and place of business (the School) is located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462, by the issuance by the Industrial Development Authority of Lancaster County, Virginia (the \ Lancaster County Authority), of its revenue bond in an amount not to exceed $2,700,000 (the Bond) to assist the Borrower in (a) refinancing the construction and equipping of athletic, library and classroom facilities at the School (collectively, the Project), located at 4552 Princess Anne Road, Virginia Beach, Virginia, and (b) paying the cost of issuing the Bond; WHEREAS, the Project is owned by the Borrower and is located in the City of Virginia Beach, Virginia; WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Lancaster County Authority on May 31, 2006, and thereafter the Lancaster County Authority adopted a resolution (the Lancaster County Authority Resolution) approving the issuance of the Bond; WHEREAS, the Borrower has elected to proceed with a plan of refinance pursuant to which the Bond will be privately placed with SunTrust Bank for its own account and for investment purposes; WHEREAS, the Borrower in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of g265(b )(3) of the Code and the educational benefits to the City of Virginia Beach, Virginia, to be derived from the issuance of the Bond; WHEREAS, the Authority will not be able to issue "qualified tax-exempt obligations" in calendar year 2006; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Code has been held at this meeting; BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond will promote education in the City of Virginia Beach, Virginia, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Borrower to issue the Bond, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Lancaster County Authority Resolution approving the Bond, the form of which is attached hereto as Exhibit A, as required by ~15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by ~ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to ~ 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the refinancing plan shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Borrower and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certify that the above resolution was duly adopted by a majority of the directors of the Economic Development Authority of the City of Virginia Beach, Virginia, at a meeting duly called and held pursuant to notice given pursuant to the Authority's bylaws on June 20, 2006, and at which a quorum was present throughout and that such resolution is in full force and effect on the date hereof. Dated: "Su..C"\JL 1- 0 , 2006 cha2 ;;;;; of" v~~ Beach Development Authority : :ODMA \PCDOCS\DOCSNFK\ 1 060395\ 1 2 EXhibit D DISCLOSURE STATEMENT Date: June 20, 2006 Applicant's Name(s): Bishop Sullivan Catholic Higb School All Owners (if different from applicant): NtA Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond issue through Industrial Development Authority of Lancaster County, Virginia ****************************************************************************** The following is to be completed by or for tbe Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: , See attached schedule. .2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: Nt A The following is to be completed by or for the Owner (if different from the applicant) 1. Ifthe Owner is a CORPORATION, list all the officers of the Corporation: NtA 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: NtA IC mGH SCHOOL By: Dennis Price, Acting Principal ;:ODMA \PCDOCS\DOCSNFK.\1073664\1 Exhibit E VIRGINIA BEP.~CH 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 INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VA BISHOP SULLIVAN CATHOLIC HIGH SCHOOL REVENUE BOND The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational social and recreational facilities which promotes the health and welfare of the City's Citizens. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit Bishop Sullivan Catholic High School, a component of the Catholic Diocese of Richmond, Virginia to submit the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Bishop Sullivan Catholic High School, a component of the Catholic Diocese of Richmond, Virginia Facility: 4552 Princess Anne Road, Virginia Beach, VA 23462 1. Maximum amount of fmancing sought $2,700,000 2. Estimated taxable value of facility's real property to be constructed in the locality N/A 3. Estimated real property tax per year using present tax rates N/A 4. Estimated personal property tax per year using present tax rates N/A 5. Estimated merchant's capital tax per year using present tax rates N/A 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $723,400 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $175,000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $448,650 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $53,000 7. Estimated number of regular employees on year round basis (FTE) 60 8. Average annual salary per employee $38,425 Dated: June 20, 2006 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ~...,(,J vLL"4~ Chairman , ./" BISHOP SULLIVAN CATHOLIC HIGH SCHOOL, a componenj r' Catholi~DiOCr Richmond, Virginia By: ' {..(?.....-"...-?<.:- Acting Principal : :ODMA \PCDOCS\DOCSNFK\1060392\2 Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VIRGINIA REVENUE BOND 1. PROJECT NAME: Bishop Sullivan Catholic High School 2. LOCATION: 4552 Princess Anne Road Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Educational facilities 4. AMOUNT OF BOND ISSUE: $2,700,000 5. PRINCIPALS: See attached list of officers and trustees 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: Yes Nol c. If so, to what zoning classification? N/A Chairman Principal Assistant Principals ::ODMA\PCDOCS\DOCSNFK\1073665\1 OFFICERS Robert W. Jones, Jr. Dennis Price Susan Skoczynski BOARD OF TRUSTEES Mr.Robert Albertini Mr. Wyatt Andrews Mr. Michael Blount Mr.Michael Borza Ms. Lisa Broccoletti Mr. Keith Curtis Mr. William Dunn Mr. Thomas Fraim Mr. William Hagan Ms. Lisa Hamlet Mr. Robert W. Jones, Jr. Mrs. Mary Kelly Mr. Stanley Kozub Mr. Lee Murphy Mr. Dennis Price Dr. Lawrence Sabato Mrs.Stephanie Salerno Mr. George Schaefer Mr. Timothy Shaw Ms. Susan Skoczynski Mr. Gerald Sullivan Mr.Martin Thomas Mr. Stephen Whitfield Mr. Gilbert Wirth Exhibit H VIRGINIA BE.~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com June 20,2006 Mr. Donald V. Jellig Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach; VA 23462 Subject: Bishop Sullivan Catholic High School Bond Dear Don: The Department of Economic Development concurs with the refinancing of bonds by the Industrial Development Authority of Lancaster County, Virginia in an amount not to exceed $2,700,000 for Bishop Sullivan Catholic High School. These funds are to be utilized for refinancing the construction and equipping of athletic, library and classroom facilities at the school, located at 4552 Princess Anne Road in Virginia Beach, Virginia, and paying the cost of issuing the bond. It is the finding of the Department of Economic Development that these facilities will promote education in the City of Virginia Beach, benefit its citizens and promote their safety, health, welfare, convenience and properity. Sincerely, ~Ov~~.\0~ Mark R. Wawner Project Development Coordinator Ills Exhibit I A RESOLUTION ADOPTED BV THE LANCASTER COUNlY BOARD OF SUPERVISORS RESOLUTION APPROVING ISSUANCE OF A REVENUE BOND FOR BISHOP SULLIVAN CA mOLIC IDGH SCHOOL WHEREAS, there have been described to the Industrial Development Authority of Lancaster County, Virginia (the Authority), the plans of Bishop Sullivan Catholic High School, a component of the Catholic Diocese of Richmond, Virginia (the Borrower), whose educational facility (the School) is located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462, for the issuance of the Authority's bank-qualified tax-exempt revenue bond (the Bond) in an amount not to exceed $2,700,000 to assist the Borrower in (a) refmancing the construction and equipping of athletic, library and classroom facilities at the School (collectively, the Project), located at 4552 Princess Anne Road, Virginia Beach, Virginia, and (b) paying the costs of issuing the Bond; and WHEREAS, the Project is owned by the Borrower and the Authority has held a public hearing on May 31, 2006, with respect to the Proj ect and the issuance of the Bond as required by Virginia law and the Internal Revenue Code of! 986, as amended (the Code); and WHEREAS; the Code provides that the highest. elected governmental officials of the ." governmental unit having jurisdiction over the issuer of private activity bonds shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of Lancaster County, Virginia (the County), and the members of the Board of Supervisors of Lancaster County (the Board) constitute the highest elected governmental officials of the County; and WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the Virginia Code), provides that the Board shall within 60 calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds? and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bond and a statement in the form prescribed by Section 15.2-4907 ofthe Virginia Code have been filed with the Board, together with the Authority's recommendation that the Board approve the issuance of the Bond; NOW THEREFORE BE IT RESOLVED, 1. The recitals made in the first and second preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Board of Supervisors of Lancaster County, Virginia, approves the issuance of the Bond byjlu~ Authority to assist in the plan of finance and refinance de~ribed herein . for the benefit of the Borrower to the extent required by the Code and Section 15.2-4906 of the Virginia Code. 3. The approval of the issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Project or the Borrower, and, as required by Section 15.2-4909 of the Virginia Code, the Bond shall provide that neither the County nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County nor the Authority shall be pledged thereto. 4. The Board of Supervisors of Lancaster County, Virginia, hereby designates the . Bond a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2006. . 5. This R~SQlution shall take. effect immediately upon its adoption. Adopted: June 29, 2006 Attest: William H. Pennell, Jr. . County Administrator 2 - 19 - Item V.I. 2. RESOLUTIONS/ORDINANCES ITEM #55454 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to APPOINT Kari Ann Kopnicky to the position of Assistant City Attorney. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 1 A RESOLUTION APPOINTING KARl ANN KOPNICKY TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That, pursuant to ~ 2-166 of the Code of the City of Virginia 6 Beach, Kari Ann Kopnicky is hereby appointed as an Assistant City 7 Attorney, effective August 1, 2006. 8 Adopted by the Council of the City of Virginia Beach, 9 Virginia, on the 18th day of July , 2006. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ::e~ City AttorneY~ffiCe CA10090 H:\GG\Ordres\Appoint Kopnicky Res.doc R-l July 12, 2006 - 20- Item v'L3. RESOLUTIONS/ORDINANCES ITEM #55455 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the FY 2006-07 Sheriff Department's Special Revenue Operating Budget in the amount of $952,556 to establish four (4) new positions. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND THE FY 2006-07 SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND OPERATING BUDGET IN THE AMOUNT OF $952,556 AND ESTABLISH FOUR NEW POSITIONS WHEREAS, the Sheriff has requested the use of Fund Balance 8 from the Sheriff's Department Special Revenue Fund to advance 9 retroactively to July 1, 2006, the 4% pay raises for uniform 10 personnel granted by the State Compensation Board to be 11 effective December 1, 2006; 12 WHEREAS, this request qualifies for the use of fund 13 balance because state revenue provides the on-going support 14 beginning in December 2006; 15 WHEREAS, additional state funding of $310,057 and the 16 required local match of $132,039 provide the funding for the 4% 17 salary increase beginning in December 2006; and 18 WHEREAS, four additional deputy positions for court 19 security have been approved from the State Compensation Board at 20 a total cost of $173,190. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That the FY 2006-07 Sheriff's Department Operating 24 budget is hereby amended by $952,556 to provide for state pay 25 increases retroactively on July 1, 2006. Funding is provided in 26 the amounts set forth below: 27 a. $310,057 is hereby appropriated from the State 28 Compensation Board, with state revenue increased 29 accordingly; 30 b. $337,270 is hereby appropriated from the Fund 31 Balance of the Sheriff's Department Special Revenue 32 Fund, with local revenue increased accordingly; and 33 c. $132,039 is hereby transferred from the General Fund 34 Reserve for Contingencies as needed to fund the 35 fringe benefits for Sheriffs' personnel. 36 2. That $117,824 of State Revenue is hereby appropriated 37 and $55,366 of General Fund Reserve for Contingencies is hereby 38 transferred to the Sheriff Department's FY 2006-07 Operating 39 Budget for the establishment of four full-time positions, with 40 state revenue increased accordingly 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia on the 1Rth day of .T111 y , 2006. Approved as to Content Approved as to Legal Sufficiency jJ~ Q. ~ ) Management Services . ,'--/hirYl{ ~K/^_ Clty Attorney'J Office CA10088 GG/orders/Sheriff Pay lORD July 7, 2006 R-3 - 21 - Item V,L 4. RESOLUTIONS/ORDINANCES ITEM #55456 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $10,192 from the Hampton Roads Squadron Association of Naval Aviation to the Police Department's FY 2006-07 Operating Budget re the Oceanfront Camera replacement project. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $10,192 2 FROM THE HAMPTON ROADS SQUADRON ASSOCIATION OF 3 NAVAL AVIATION TO THE POLICE DEPARTMENT'S FY 4 2006-07 OPERATING BUDGET FOR THE PURCHASE OF 5 EQUIPMENT ASSOCIATED WITH THE OCEANFRONT 6 CAMERA REPLACEMENT PROJECT 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRG INIA : 9 That $10,192 is hereby accepted from the Hampton Roads 10 Squadron Association of Naval Aviation and appropriated to the 11 Police Department's FY 2006-07 Operating Budget for the purchase of 12 equipment associated with the Oceanfront camera replacement 13 project, with donations revenue increased accordingly. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 18th day of July , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B CA10087 V:\citylaw\00017271.DOC R-l July 5, 2006 June 20, 2006 - City of Virginia Beach Dear Sir: RE: Financial Donation. Enclosed you will find a check made out to the City of Virginia Beach in the amount of $10,192.43. The donation is being made to purchase camera equipment on Atlantic Avenue. This is a gift to the city to enhance public safety and is part of our continued 25th Street Monument Project. - 22- Item V-J. PLANNING ITEM # 55457 1. MATHEWS GREEN ASSOCIATES, L.L.C. 2. a. C AND C DEVELOPMENT COMPANY, INC. b. JESSUP CONSTRUCTION, L.L.C. 3. THE UNITED STATES FISH AND WILDLIFE SERVICE 4. EVERETTE L. BROWN 5. CUSTOM GRANITE MANUFACTURING CO. 6. ROBERT D. VOOGT CONDITIONAL CHANGE OF ZONING STREET CLOSURE VARIANCES VARIANCES a. 95B of the Site Plan Ordinance, Floodplain Regulations b. 94.4(b) of the Subdivision Ordinance CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT July 18,2006 - 23 - Item v.J. PLANNING ITEM # 55458 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 2a/b., 3 a/b, 4, 5 and 6 of the PLANNING BY CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva Council Lady Henley DISCLOSED re Item 3a/b (The United States Fish and Wildlife Service), her cousin is the owner of the property, being sold to the Fish and Wildlife; however, this does not constitute a conflict. She is able to participate in the discussion and vote. July 18, 2006 - 24- Item v'J.1.a/b. PLANNING ITEM # 55459 Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7502, represented the applicant and requested a thirty-day DEFERRAL. Attorney Nutter expressed appreciation to Council Lady Henley for providing a copy of the correspondence of Chief Cade. The applicant wishes to address his concerns and also examine the issue relative connectivity (recommendation instead of a vehicular connection, there be a trails connection). Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of August 22, 2006, Ordinances upon application of MA THEWS GREEN ASSOCIATES, L.L.C. re the development of a residential community with forty-nine (49) single-family lots for a Conditional Change of Zoning and Discontinuance, closure and abandonment of portions of Mathews Green: ORDINANCE UPON APPLICATION OF MATHEWS GREEN ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO CONDITIONAL R-20 WITH A PD- H2 OVERLAY Ordinance upon application of Mathews Green Associates, L.L. C. for a Chanf!e ofZoninf! District Classification from AG-1 Agricultural District to Conditional R-20 Residential District with a PD-H2 Overlay on property located at 2217 Mathews Green (GPIN 2404949948). DISTRICT 7 - PRINCESS ANNE AND, Ordinance upon application of Mathews Green Associates, L.L. C. for the discontinuance, closure and abandonment of portions of Mathews Green beginning at a point approximately 130 feet east of its intersection with Princess Anne Road and extending 274.73 feet in an easterly direction and the southwest quadrant of the cul-de-sac, approximately 100 feet east of Princess Anne Road. DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 25 - Item v'J.2.a. PLANNING ITEM # 55460 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED the application of C and C DEVELOPMENT COMPANY, INC. for variances re lot size to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) re construction of two (2) single-family dwellings with one (1) existing single-family dwelling. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for C and C Development Company, Inc. Property is located at 200 60th Street (GPINs 2419717532). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The sites shall be subdivided substantially in accordance with the submitted preliminary subdivision plan entitled "SUBDIVISION OF PARCEL B-1, RESUBDIVISION OF PARCELS A & B, BLOCK 4, NEW VIRGINIA BEACH, SECTION 2 & LOT 1, BLOCK 4, NEW VIRGINA BEACH, SECTION 2 ", prepared by Gallup Surveyors and Engineers, LTD., and dated February 1 0, 2006. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. The proposed parcels are limited to the construction of single-family dwellings only. This limitation shall be recorded as a deed restriction. 3. The design and exterior of the proposed dwellings shall substantially conform to the submitted building elevation. The applicant shall use high quality building materials such as hardi-plank siding, brick, and architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl. The use of vinyl siding on the body of the building is strongly discouraged. Said plan has been exhibited to the City Council and is on file in the Planning Department. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 26- Item v'J.2.b. PLANNING ITEM # 55461 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED the application of JESSUP CONSTRUCTION, L.L.C.for variances re lot size to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) re two (2) single-family dwellings: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jessup Construction, L.L. C. Property is located at 973 Little Neck Road (GPIN 14888412810000). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. Thefinal plat shall show no more than two (2) parcels, as depicted on the plan entitled, "Middle Plantation Hills and Lot 7 Property of w.E. Beasley, " dated February 14, 2005, prepared by Bonifant Land Surveys. Said plan has been exhibited to the City Council and is on file with the Planning Department. 2. The parcels shall connect to and utilize the public water and sewer system. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 27- Item v'J.3a/b. PLANNING ITEM # 55462 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED applications of THE UNITED STATES FISH AND WILDLIFE SERVICEfor Variances to ~5B of the Site Plan Ordinance, Floodplain Regulations re one (1) new dwelling, drain field, well site and gravel drive and ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning Ordinance (CZO) due to low elevations: Application of the United States Fish and Wildlife Service for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 1808 Nanneys Creek Road (GPIN 2410189180). DISTRICT 7 - PRINCESS ANNE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for United States Fish and Wildlife Service. Property is located at 1808 Nanneys Creek Road (GPIN 2410189180). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Property of Bonnie Woodhouse Crane" prepared by Woolpert, L.L.P., and dated February 24, 2006. This exhibit is on file with the Planning Department. 2. Prior to any new dwelling being constructed on the property, a floodplain mitigation plan meeting all performance standards listed in Section 5(B)(f) of the Site Plan Ordinance shall be submitted to and approved by the Planning Department, Development Services Center. 3. For Parcell, the area of fill associated with any new dwelling shall not exceed 6,700 square feet as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert, L.L.P. and dated March 9, 2006. These calculations are on file with the Planning Department. 4. For Parcell-A, the amount offill associated with any new dwelling shall not exceed 19,000 cubic feet as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert, L.L.P. and dated March 9, 2006. These calculations are on file with the Planning Department. 5. The width and surface material for the driveway serving proposed Parcel1-A shall be subject to approval by the Fire Department. July 18, 2006 - 28 - Item v'J.3a/b. PLANNING ITEM # 55462 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva Council Lady Henley DISCLOSED her cousin is the owner of the property, being sold to the United States Fish and Wildlife Service; however, this does not constitute a conflict. She is able to participate in the discussion and vote. July 18, 2006 - 29- Item V.J.4. PLANNING ITEM # 55463 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of EVERETTE L. BROWN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EVERETTE L. BROWN FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE AND AUTOMOTIVE REPAIR FACILITY R070634167 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Everette L. Brown for a Conditional Use Permit for bulk storage and automotive repair facility on property located at 1305 and 1309 Virginia Beach Boulevard (GPIN 2417353615). DISTRICT 6 - BEACH The following conditions shall be required: 1. The applicant shall meet all of the conditions attached to the Chesapeake Bay Preservation Area Board variance approval dated February 24, 2003. 2. The development of the site shall conform to the submitted site plan entitled "Dukes Lane Office / Storage ", prepared by Mel Smith and Associates, and dated June 1 ,2005. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. The applicant shall submit the final building elevations to stafffor review and approval during detailed site plan review. The design of the rear building shall substantially adhere to the building photographs in the file. The design of the building fronting on Virginia Beach Boulevard shall substantially adhere to the submitted elevation drawings. Said photographs and elevation drawings have been exhibited to the City Council and are on file in the Planning Department. The building colors shall be limited to earth tone colors. 4. The applicant shall provide sound attenuation measures in the buildings as required by the Uniform Virginia Statewide Building Code. 5. The applicant shall provide a photometric plan for review and approval by City staff. All lighting fixtures shall be designed to prevent any direct reflection and/or glare toward adjacent uses and city streets. Lighting shall be directed at the ground and not out horizontally or toward the sky. 6. The applicant shall submit a site plan depicting the location of the bulk storage area for review and approval. Bulk storage shall be limited to recreational vehicles (campers, boats, boat trailers, jet skis and trailers), and construction equipment and vehicles. Vehicles, trailers and equipment shall be stored within the designated areas. There shall be no storage of inoperative, junked and or wrecked vehicles, and no storage of construction materials and or debris. 7. All motor vehicle repairs shall be performed within the buildings. There shall be no storage of inoperative, junked and or wrecked vehicles outside of the buildings. Storage of parts and or tires shall be within the buildings. July 18, 2006 - 30 - Item v'J.4. PLANNING ITEM # 55463 (Continued) 8. The applicant shall remove all inoperative, junked and or wrecked vehicles, construction equipment and vehicles, and junk and debris from the site within sixty (60) days of approval of this request by the City Council. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of July Two Thousand Six. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 31 - Item v'J.5. PLANNING ITEM # 55464 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CUSTOM GRANITE MANUFACTURING CO. for a Conditional Use Permit re a bulk storage yard: ORDINANCE UPON APPLICATION OF CUSTOM GRANITE MANUFACTURING Co. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R070634168 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Custom Granite Manufacturing Co. for a Conditional Use Permit for a bulk storage yard on property located at 3488 Chandler Creek Road (GPIN 1485931499). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Exhibit of Lot 13 for Custom Granite Mfg. ", prepared by Kellam Gerwitz and dated March 7, 2006. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The bulk storage area shall only be usedfor the storage of materials to the applicant's business. There shall be no storage of inoperable contractor equipment or vehicles on the site. There shall be no storage of motor vehicles. There shall be no sale of or the processing of scrap, salvage or secondhand materials on the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of July Two Thousand Six. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 - 32 - Item v'J. 6. PLANNING ITEM # 55465 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of ROBERT D. VOOGT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT D. VOOGT FOR A CONDITIONAL USE PERMIT FOR A FACILITY FOR THE DISABLED R070634169 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert D. V oogt for a Conditional Use Permit for a facility for the disabled on property located at 1851 and 1853 Old Donation Parkway (GPINs 24084334511851; 24084334511853). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates, 48 Bed Convalescent Center," dated Monday, May 1,2006, and Revised June 8,2006, except as modified by the conditions below, and to include the deficiencies in dimensional requirements depicted on the Plan. The center shall not exceed forty-eight (48) patient beds. 2. The building shall be constructed in the style, height, and configuration, and with the materials and colors as shown, substantially as depicted on the drawing entitled "Old Donation Associates, LLC, 48 Bed Convalescent Center, " dated Thursday, May 4, 2006. 3. The middle access point on Old Donation Parkway as shown on the plan specified in Condition 1 shall be designed during detailed site plan review to allow only a right-tum-in. 4. The required Category 4 Landscape Buffer depicted on the plan specified in Condition 1 shall only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement to the evergreen trees, but not in lieu of the trees. 5. The monument style sign shown on the site plan specified in Condition 1 shall not exceed eight (8) feet in height and shall be entirely constructed of or have a base of brick matching the building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the total height of the sign. 6. In addition to the standpipe system depicted on the site plan specified in Condition 1, the facility shall have afire suppression/sprinkler system as required for all Institutional uses under the Building Code. 7. There shall be no heating, ventilation or air conditioning (HVAC) mechanical equipment located on the side of the building adjacent to the residential lots to the South. 8. A lighting plan showing all new extemallighting fixtures proposed shall be submitted for review with the detailed site plan. 9. Construction material deliveries shall occur only between the hours of 7:00 a.m. and 10:00 p.m., and construction activities shall not commence until 7:00 a.m. on Monday through Friday and until 8:00 a.m. on Saturday. July 18, 2006 - 33 - Item v.J. 6. PLANNING ITEM # 55465 (Continued) 10. The center shall only treat patients with cognitive impairment, such as Alzheimer's Disease, and shall not admit patients seeking treatment for drug or alcohol addiction. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of July Two Thousand Six. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Ron A. Villanueva July 18, 2006 Item V-K.1. - 34- APPOINTMENTS ITEM # 55466 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - New Construction BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS July 18, 2006 - 35 - Item V-No ADJOURNMENT ITEM # 55467 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:23 P.M. ~~____~~_L-t~~L~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Reba S. McClanan Council Lady (2~~~~_;- ~dges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 18, 2006