HomeMy WebLinkAboutNOVEMBER 7, 2006 MINUTES
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR LOUIS R. JONES. Bayside - District 4
WILLIAM R. "Bill" DESTEPH. At-Large
HARRY E. DlEZEL Kempsville - District 2
ROBERT M. "Bob" 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
ROSEMARYWIUOMA~La~e
JAMES L. WOOD, Lynnhaven -District 5
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc/@vbgov.com
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH. MMC
7 NOVEMBER 2006
1.
CITY COUNCIL BRIEFING
- Conference Room -
2:00 PM
A. NA V AL A VIA TION MONUMENT UPDATE
Fred Metz, Chairman - Monument Committee
II. CITY MANAGER'S BRIEFINGS
A. REDEVELOPMENT STRATEGY
Donald Maxwell, Director - Economic Development
Robert Scott, Director - Planning
B. LANDFILL # 2 COMPOSTING FACILITY
Charles Meyer, Chief Operating Officer
C. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Director - Finance
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Cantor David Proser
Acting Cantor
Kempsville Conservative Synagogue
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
October 24, 2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTIONS/ORDINANCES
1. Resolution re the Development Authority issuing Revenue Refunding Bonds for Our
Lady of Perpetual Help Health Center, Inc.
2. Resolution AUTHORIZING the City Manager to apply for BRAC funds from the
Virginia Military Strategic Response Fund and execute an agreement with the
Virginia National Defense Industrial Authority re the requirements and distribution of
appreciable funds.
3. Resolution to provide "law enforcement officer" benefits to full-time, salaried Emergency
Medical Service (EMS) Technicians.
4. Resolution to APPOINT Elizabeth S. Chupik as Assistant City Attorney effective
November 16, 2006.
5. Ordinance to AMEND ~ 21-302 re parking trailers on city streets.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property
for STEPHEN G. and DEBORAH A. COREY to construct and maintain a proposed
boat lift and piles into Bass Inlet (aka Mill Creek) at 344 Back Bay Crescent.
(DISTRICT 7 - PRINCESS ANNE)
7. Ordinance to TRANSFER $935,000 within various school projects to fully fund the
Alternative Education Facility - Phase I re increased construction cost to replace this
facility and the Comprehensive Modernization Study Phases In and IV for
replacement of Windsor Woods Elementary.
8. Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC re:
a. Guided horse tours from November 15,2006 to Apri115, 2007 on the sand beach
between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides from November 15, 2006 to April 15, 2007 on the
Boardwalk from November 15, 2006 to April 15, 2007
J. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - New Construction (Alternate)
EMPLOYEE BENEFITS TASK FORCE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
RESORT ADVISORY COMMISSION
WETLANDS BOARD
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 385-4303
* * * * * * * * * * *
Agenda 11/0712006 gw
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 November 2006
Mayor Meyera E. Oberndorf called to order the City Council Briefing Session in the City Council
Conference Room, City Hall, on Tuesday, November 7, 2006, at 2:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
William R. "Bill" DeSteph
[Business Meetings}
November 7, 2006
- 2 -
MA YOR 'SCOMMENTS
2:00 P.M.
ITEM # 55745
Mayor Oberndorf advised her absence form the City Council Session of October 24, 2006, was due to an
economic development visit to Germany. Hans Peter Stihl, Chairman of Stihl Enterprises invited
approximately one hundred (100) top level Chief Executive Officers and Chairmen of the Boards of
private industry in Europe to attend the meeting. Mr. Stihl's speech reflected the cost to build his
equipment in Virginia Beach is fifty percent (50%) less than the cost in Germany. Mr. Stihl has been a
major "booster" of the City of Virginia Beach. Mayor Oberndorf has a photograph from the mid 1970 's
of the first ground breaking for Stihl Enterprises. This facility has expanded twice. Donald Maxwell,
Director - Economic Development; Jones Hooks, President - Hampton Roads Economic Development
Alliance, Donald V. Jellig, Chair - Virginia Beach Development Authority; and, Thomas Clemens,
Manager - International Business Recruitment were participants in the economic development visit.
Mayor Oberndorf advised she attended the ljh International Commercial Property Exposition (EXPO
REAL 2006 - New Munich Trade Fair Centre (October 23 - 25 2006). Mayor Oberndorfreferenced their
Directory listing 'thousands of industries. A copy is available in her office.
ITEM # 55746
Mayor Oberndorf referenced concerns of City employees and retirees re City Health Care benefits. The
City Manager advised the "Health Care As a Budget Driver" presentation was given to the City Council
Session on September 12, 2006.
ITEM # 55747
Mayor Oberndorf advised Councilman DeSteph apologized but due to critical business meetings he
cannot attend the Sessions today.
November 7, 2006
- 3 -
CITY COUNCIL BRIEFING
NA VAL A VIATION MONUMENT UPDATE
2:00 P.M.
ITEM # 55748
Admiral Fred Metz, USN, Retired, Chairman - Naval Aviation Monument Committee, advised the
project cost encompassing $1.6-MILLION has been paid. Additional funds have been placed in a
Maintenance Fund. Captain Dennis Free - Sheriff's Department, Mike Eason, Resort Coordinator -
Convention and Visitors Bureau, and Admiral Metz are administering this fund. Admiral Metz presented
a miniature statue of the World War II Aviator to the City (which is the centerpiece of the Exhibit) and a
photo print depiction of the present Naval Aviation Monument to all Members of City Council. The
Naval Aviation Monument Park Dedication was May 6, 2006. This event was also the Commemoration
of the 95th Anniversary of Naval Aviation and 3(jh Anniversary of the Association of Naval Aviation.
The next phase encompasses "Homecoming" Statues.. The statues will be 8 feet in height and are
presently being constructed. This phase will involve approximately nine (9) months to a year. Bingo will
continue to raise the majority of the funding. The fund raising drive has not faired as well as with the
first Phase. The Dedication Program distributed by Admiral Metz recognizes the Donors, Corporate
Sponsors, Consultants, Craftsmen and Volunteers.
The statues of the Naval Aviation Monument are being harmed by skateboarders. It is not typical
skateboarding but "grinding" of the statues, not recreation but destruction. This is malicious.
There will be story boards containing historical information i.e. the Number One Ace from the Navy,
Campbell" spent much time in Pungo. One of the boards will reflect how Campbell formed his squad in
Pungo and then became the Number One Ace in the Navy. Admiral Metz advised working closely with
Barbara Morrison, Media and Communications, and Bobby Melatti - Beach Events. The budget will
include replacement of the "ratty" stage located in the Monument Park to include the telling of the
Norwegian Lady and Campbell stories.
Mayor Oberndorf expressed appreciation to all members of the Association of Naval Aviation. led by
Admiral Metz, and the Sons of Norway enabling the Norwegian Lady to be a part of the Naval Aviation
Monument Park.
November 7, 2006
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CITY MANA GER 'S BRIEFING
REDEVELOPMENT STRATEGY
2:29 P.M.
ITEM # 55749
Relative a Redevelopment Strategy, Robert Scott, Director of Planning, advised everything will change
and grow---the only question is: whether you want that change to be managed or not. Virginia Beach has
seen great change over the past twenty-five (25) years, and will see great change over the next twenty-jive
(25) years, no matter what is or is not done.
Over the past Eighteen (18) months, many factors have been discussed that are occurring and changing
in our city. Today's Briejing is to outline a plan that will move our city into the future.
Mr. Scott cited four (4) observations.
.:. The community has a pronounced preference for a rural south and the Green Line. Undeveloped
land is scarce
.:. We are not a young City anymore. This requires different priorities.
.:. Neighborhoods need more protection from intrusive land uses and densities
.:. More than ever, the tax base needs to expanded. Difficult budget discussions require that we not
only discuss how to spend money, but where it comes from.
As the government costs continue to rise, the City needs new growth in our tax base to support our
services. The need for a changed policy with regard to these changed circumstances is what we broadly
call "redevelopment" The suggested policy is simple and can be expressed in one or two sentences:
"Redevelopment needs to be largely the work of the private sector, and the job of the public sector is to
steer, encourage and enable. "
REDEVELOPMENT
.:. Maximize Private Initiative and Investment
.:. Remain process driven with Community involvement at multiple levels
.:. Recognize Government's role: facilitate, guide and enhance the process to achieve desired
outcome:
.:. Increased Opportunity, Jobs, Income
.:. High Quality of Life
.:. Resources to accomplish community goals
.:. Take the right action at the right time for the right reason
In 1990, during the Comprehensive Plan process, the City was comprised of 12,000 homes over the age
of thirty (30) years. By the year 2020, approximately 130,000 homes will exist over the age of thirty (30)
years. In Calendar Year 2005, the City issued in excess of $660-MILLION of permits for new
construction Virginia Beach. In Calendar Year 2006, the City is on track to exceed this amount by more
than $100-MILLION. More than $ 760-MILLION of construction is anticipated in Calendar Year 2006.
November 7, 2006
- 5 -
CITY MANA GER 'S BRIEFING
REDEVELOPMENT STRATEGY
ITEM # 55749 (Continued)
CITY COUNCIL VISION 2021
Virginia Beach is the Leading City in Virginia.
Virginia Beach is a community with
Diverse, Distinctive Neighborhoods,
A Diverse Local Economy, Diverse Living Choices, and an Effective Transportation System.
Virginia Beach has Beautiful Natural Settings and Resources, First Class Resort,
and a Vibrant Town Center
GOALS 2011
Improve Transportation System
Grow the Local Economy
Create a Financially Sustainable City
Revitalize Neighborhoods and Plan for the Future
Be a Competitive, 1st Class Resortfor Residents, Businesses and Tourists
CURRENT SUPPORTING STRATEGIES
.:. Comprehensive Plan
.:. Economic Development Strategy
.:. Tourism Strategy
.:. Retail Strategy
.:. Agriculture Strategy
.:. Housing Study and Strategy
.:. Open Space
.:. Military Strategy
November 7,2006
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C IT Y MANA G E R 'S B R IE FIN G
REDEVELOPMENT STRATEGY
ITEM # 55749 (Continued)
Donald Maxwell, Director of Economic Development, advised the City's Transition Timeline:
Mr. Maxwell advised today is a Transition point for the Economic Vitality team. As the City Council
directed, a public involvement process was created and City Council was briefed the Public Voices
leadership team on October 24, 2006. The Economic Vitality Strategic Issue Team is assigned the
responsibility of encompassing the suggestions from the Public Input process and moving forward with
writing the strategy for redevelopment by May 2007. The ultimate goal is to have this Redevelopment
Strategy incorporated into the Comprehensive Plan. Citizens want to be involved in redevelopment as we
move forward and they see the role of government as the manager, facilitator and enhancer of
redevelopment.
As the Economic Vitality Strategic Issue Team Event moves forward with writing the strategy, these
facts cannot be ignored.
WORKING ENVIRONMENT
.:. Debt Capacity
.:. National Competition for Tourism
.:. Global Competition for Economic Development
.:. Transportation Issues
.:. Four Year University--Lacking
.:. Private Sector Investment
.:. Referendum
November 7,2006
- 7 -
C IT Y MANA G E R 'S B R IE FIN G
REDEVELOPMENT STRATEGY
ITEM # 55749 (Continued)
The Redevelopment Strategy will contain the following goals:
Citizen involvement in the process---
The market and private sector will make the investment---with the City
facilitating, guiding and enhancing
In the Spring, a Referendum concluded that for the foreseeable future, Virginia Beach will lack the tools
of a Redevelopment and Housing Authority.
DESIRED OUTCOMES
.:. Meet City Council Goals and Vision
.:. Citizen supported and Market Driven Growth
.:. Private Sector Investment
.:. Government facilitation, guidance and enhancement
RETURN ON INVESTMENT
.:. Market expectations are enhanced thru Government support
.:. Increased resources for infrastructure
.:. Neighborhood
.:. Citywide
.:. Distributes the tax burden
.:. Expands the tax base
The City has aging infrastructure. Redevelopment will create revenues that will help off-set the
increasing cost for services.
The Way Forward is to focus on the Strategic Growth Areas (comprised of twelve (12) areas) and the
Oceanfront. We will focus our energies in specific geographic areas, and have a process on how we
will deal when redevelopment occurs, as instigating factors arise and make the time ripe for
redevelopment. The process forward will involve the City Council's leadership with citizen input.
As the City approaches the 5-year review for the Comprehensive Plan-a visioning piece can be
undertaken as the Plan is revised.
IMPLEMENTATION
Leadershi~led by City Council...partner with the private sector....facilitated by
staff... with public involvement and input.
November 7, 2006
- 8 -
CITY MANA GER 'S BRIEFING
REDEVELOPMENT STRATEGY
ITEM # 55749 {Continued}
REDEVELOPMENT STRATEGY COMPONENTS
.:. Enabling Pieces
.:. Funding
.:. Cost Benefit
.:. Adjustments to Zoning
.:. JLUS
.:. Housing
.:. Relocation Plan
.:. Tools
.:. Organizational Structure
.:. Infrastructure
.:. Transportation
Mr. Maxwell introduced the other members of the Economic Vitality Strategic Issue Team in attendance:
Andrew Friedman
Director - Housing and Neighborhood Preservation
Jerald Banagan
Real Estate Assessor
(former Member but still providing valuable assistance)
Cynthia Whitebred-Spanoulis
Strategy and Performance Coordinator - Economic Development
Facilitator
The City Manager advised the Affordable Housing Committee is scheduled to provide a report to the
Planning Commission on December 13, 2006, with a report provided to City Council after the first of the
year.
Mayor Oberndorf advised on Saturday, November 4, 2006, she visited the new Art Center on Norfolk
Avenue. Very innovative ladies have salvaged an existing building. This Art Center has attracted so
many visitors that a Mexican Restaurant has located here. The Townhouses adjacent have experienced an
increase in their assessments as a result of this enhancement.
November 7, 2006
- 9 -
CITY MANA GER 'S BRIEFING
LANDFILL #2 COMPOSTlNG FACILITY
3:25 P.M.
ITEM # 55750
The City Manager introduced Charles Meyer, Chief Operating Officer, to provide a status report
concerning the Composting Facility.
The Southeastern Public Service Authority (SPSA) Yard Waste Processing Facility located in the
Virginia Beach Landfill II, opened for business in the Fall 2005. SPSA's composing operation closed at
Suffolk Regional Landfill due to Cell 6 expansion and Composting operations moved to the Virginia
Beach Landfill site.
September 1, 2006: Tropical Storm Ernesto: 8.93" of rain. Yard waste site is flooded
due to record rainfall and runoff from Virginia Beach Ladnfill slopes. Excessive
rainfall caused runoff of organic material into the zero discharge storm water
retention ponds 1 and 12. Neutralization of stockpiled yard waste and composted
materials had been applied to normal operating conditions, not preparing for a 100-
year storm event.
September 3, 2006: Pond 1 stops overflowing
September 7 - October 3, 2006: SPSA Department of Environmental and Safety
Management (DESM) and Department of Environmental Quality (DEQ) staff work
toward stabilizing and neutralizing septic "rotten egg" smell coming from ponds 1 and
2.
Approximately three (3) weeks ago, Councilman Dyer and Charles Meyer, Chief Operating Officer,
attended a meeting of the citizens of Tarleton Oaks Condominium Association (an established
community). City and the Southeastern Public Service Authority staff were also present. A compost
facility was built in "literally" the resident's back yard and near Tallwood Elementary School. As a
result of Tropical Storm Ernesto, much of the compost material went into the lake forming microbes.
Mr. Meyer distributed an information package related to the Composting Facility:
Correspondence form SPSA - John S. Hadfield - Executive Director, dated October 31,
2006, outlining a chronology of principal events
Virginia Department of Health, Division of Public Health toxicology: Frequently asked
questions about Hydrogen Sulfide. Agency for Toxic Substances and Disease Registry
(ATSDR) has established an acute (14-day) inhalation minimal risk level (MRL) AT
0.07 PPM and an intermediate (15-364 days) inhalation minimal risk level (MRL) at
0.03 ppm
Spread Sheet: Monitoring Performed by Malcolm Pirine {November 1, 2006 and
November 6, 2006. These levels are far below the advisories.
Aerials and map depicting location of Compo sting Facility
Notices of Violation from Department of Environmental Quality (DEQ): SPSA
Regional Landfill and Consolidated Yard Waste Facility
November 7, 2006
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CITY MANA GER 'S BRIEFING
LANDFILL #2 COMPOSTING FACILITY
ITEM # 55750 (Continued)
The staff met with Virginia Department of Health State Toxicologist to understand the substance,
Hydrogen Sulfide, a natural byproduct of the Composting operation and believed to be the primary
cause of the serious odor problems. After meeting with the State Health Department, the City staff
realized none of the instruments available could measure to this level. John Barnes, Waste Management
Administrator, has contacted a consultant and access to equipment (measuring in parts per billion) has
been provided.
The Staff has responded verbally to SPSA that assurances are needed. There will be no problems with
Hydrogen Sulfide above the present levels. There are two (2) separate odors: hydrogen sulfide and the
composting yard waste. The City is concerned re the water runoff from the compost piles into the ponds.
The City will be contracting for a Performance Audit re the proper operation of the Compost Facility.
Therefore, the City will be providing its own recommendations to the Southeastern Public Service
Authority (SPSA). The staff is also working to establish a Community Advisory Panel.
The City Attorney shall provide options concerning this facility and provide this information during the
Closed Session (November 14, 2006). City Council wished this facility shut down at this location and
possibly relocated. Monitoring will continue to be performed re Hydrogen Sulfide.
November 7, 2006
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C IT Y MANA G E R'S B R IE FIN G
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
4:00 P.M.
ITEM # 55751
Patricia Phillips, Director of Finance, advised the State Code requires regular Audited Financial
Information be presented to City Council. The Core Strategy states the Department of Finance "acts as
stewards of Community and Organizational Resources". So, in essence, this entails accountability to the
City Council and the public. The External Auditors, Cherry, Bekaert and Holland, and the Internal
Auditor, Joanne Griggs, will provide comments. Mrs. Phillips introduced Don Barnett, Comptroller,
responsible for compiling this information and Lori W Reimann, Principal Accountant, formerly with
Economic Development - Convention and Visitor Development, City of Norfolk, who provided invaluable
assistance with the document upon retirement of Richard Lester, Joanne Griggs, City Auditor, Robert
Bielat, Partner and John Montoro, Director of Government Services Group - Cherry Bekaert and
Holland
GASB 34
Entity-Wide vs Fund Presentation
Entity-Wide: consolidates governmental and business activities
. Governmental Activities Column
. Business Activities Column
. Program revenues for each activity
Fund Statements: LeJ!al comoliance
. Separate financial reporting units
. No program revenues identified for governmental activities
YES!
~ Net Assets of the Primary Government Increased by $100.4-MILLION to a Total of $2.9-
BILLION
~ Investments in Capital Assets increased $83.8-MILLION
~ Unrestricted Net Assets increased $18.8-MILLION
~ Revenues Totaled $1.15 billion, an increase of $38.4-MILION
~ Expenses Totaled $1.05 billion, a decrease of $25.8-MILLION
Government June 30, 2006 (in MILLIONS
November 7, 2006
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CITY MANA GER 'S BRIEFING
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 55751 (Continued)
The CAFR encompassing 3500 hours of work will be posted on line.
Statement of Activities - Primary Government
June 30, 2006 (in millions)
Primary Government
Infrastructure and Other Capital Assets
at June 30, 2006 - Net of Accumulated Depreciation (in millions)
November 7, 2006
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C IT Y MANA G E R 'S B R IE FIN G
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 55751 (Continued)
General Fund Highlights
. Undesignated Fund Balance: $123.4 MILLION- increase of $26.8 MILLION
. Revenues: over budget by $34.6 MILLION
. Expenditures: less than budget by $26.8MILLION.
. General Property Taxes:
. 57.2% of total revenue
. Increase 5.6% from prior year
. Other Local Taxes:
. 27.0% of total revenue
. Increase 5.7% from prior year
Revenues exceed Budget by 4% and Expenses were under budget by 4.3%. $49.2-MILLION was reserved
for encumbrances, School Revenue Sharing, and commitments. Fund Balance as percent of Budgeted
FY 2007 Revenues is 12.9%.
GENERAL FUND
Local Revenues Exceed Budget by $35.3-MILLION
Millions
. Real Estate
. Personal Property Taxes
. Utility Taxes
. Business Licenses
. General Sales Taxes
. City Tax on Deeds
. Hotel Tax
. Restaurant Meal Taxes
. Cigarette
. Interest and Rent
. Other Local Revenue
$(0.4)
17.4
(1.2)
3.5
0.5
4.3
1.0
2.4
(0.2)
7.8
0.2
General Fund - Undesi nated Fund Balance June 30, 2006 - MILLIONS
November 7,2006
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C IT Y MANA G E R 'S B R IE FIN G
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 55751 (Continued)
Fund Balance Issues
Retiree Healthcare - GASB 45
Virginia Retirement System - Direction
Future Capital Needs - Transportation, Fire Stations, etc.
Economy - BRAC
Rating Agency Concerns
School Operating Fund-Statement of Revenues, Expenses & Encumbrances
For the Fiscal Year Ended June 30, 2006 (in millions)
The City's total Debt as of June 30, 2006 was $l-BILLION
Communication Tax Audit
. House Bill 568 replaces current local communications taxes with a new state-wide tax
. Multiple rates will be imposed by the State, the largest of which is 5%for communication
services
. Funds collected by the State will be distributed to the City after administrative and other
fees are deducted
. City was required to report to the Auditor of Public Accounts the amounts collected for
communication taxes during FY2006
. The AP A will determine each locality's percentage share based upon audited receipts.
. Distributions will begin after January 2007
November 7, 2006
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C IT Y MANA G E R 'S B R IE FIN G
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 55751 (Continued)
John Montoro, Director of Government Services Group and Robert Bielat, Partner - Cherry Bekaert and
Holland advised the Financial Statement is prepared by the City.
Auditors' Opinion on the Financial Statements
.:. Unqualified Opinion
.:. Accounting principles generally accepted in the United States of America
.:. Material Transactions and balances
.:. Compliance with laws and regulations material to the financial statements
Required Communications
.:. Our responsibility under generally accepted auditing standards:
.:. We assessed risk that the financial statements may contain a material misstatement,
either intentional or unintentional
.:. We documented and considered internal controls to assist us with our audit approach,
not for the purpose of providing assurance on those controls
.:. Our Responsibility under Government Auditing Standards (The Yellow Book)
.:. We reviewed and tested the City's compliance with laws and regulations, noncompliance
with which could have a material impact on the financial statements
.:. We reviewed compliance with applicable laws and regulations identified in the
Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public
Accounts of the Commonwealth of Virginia
.:. Our Responsibility under OMB A-133
.:. We performed procedures in order to express an opinion on the City's compliance with
requirements applicable to major Federal programs. Our opinion was unqualified.
.:. We performed tests of controls to assess the City's ability to detect material
noncompliance with program requirements, not to express an opinion on controls.
.:. Independence
.:. In accordance with AICPA Rule 101, and the Independence Standards contained in
Government Auditing Standards, we were, and continue to be, "independent" with
respect to the City of Virginia Beach.
.:. Accounting Policies
.:. No new significant policies adopted
.:. No transactions that lacked authoritative consensus
.:. The new statistical section
.:. Estimates
.:. These statements include estimates, including:
.:. Allowance for doubtful accounts
.:. Depreciation
.:. Value of infrastructure assets
November 7, 2006
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CITY MANA GER 'S BRIEFING
2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 55751 (Continued)
There were no significant audit adjustments proposed by the Auditors that would indicate a weakness in
the City's reporting process. There were no misstatements that were not corrected.
Joanne Griggs, City Auditor, manages the External Audit Contract. This is the last audit of the existing
contract which was a (2) two-year contract with two (2) one-year renewals. The Request For Proposal
will be a joint process with City and Schools. The contract must be awarded by April First.
Councilman Villanueva referenced the Minority Business Expo. Councilman Villanueva expressed
appreciation to David Hansen, Chief-Finance and Technology, Patricia Phillips, Director of Finance,
Loretta Brown and stafffor their dedication in assisting to attract over two hundred (200) participants.
There has been a tremendous Minority increase re participation on bids. Mrs. Phillips advised a status
report of the Minority Business Council will be scheduled for the last City Council Session in December.
November 7,2006
- 17 -
CITY COUNCIL COMMENTS
4:37 P.M.
ITEM # 55752
Mayor Oberndorf referenced the Mid Year Goal Setting Retreat in July 2006. It was decided the City
Council, as a body would hold Town Meetings, four (4) times a year. Mayor Oberndorf will work with
the City Manager and Betsy McBride, Project Team Leader - Public Voices on Redevelopment (Media
and Communications). Recommendations shall be forwarded concerning location and notification to the
Public. Councilman Wood suggested rather than meetings be held in different Districts, places be chosen
which are centrally located i.e. Princess Anne High School.
ITEM # 55753
Council Lady Henley referenced the application Dr. Alan Mahanes for a Chanf!e of Zoninf! District
Classification from AG-2 to Conditional 0-1 (office) (ADOPTED by City Council October 10, 2006).
Council Lady Henley received a call from a gentleman who owns a parcel of property in back of this
property which fronts on West Neck Road. The gentleman wishes to meet with Council Lady Henley to
discuss his plan for three or four office buildings.
Council Lady Henley was not comfortable changing a neighborhood with "piece meal" rezonings. She
inquired if neighborhood planning could be discussed now and taken out of the Comprehensive Plan
process in order to address the concerns. Council Lady Henley inquired if this area is going to shift
from residential to office.
The City Manager advised currently the entire Princess Anne Commons Plan is being reviewed.
Typically, the definition of that area actually includes the Municipal Center and the Academic Village on
Princess Anne Road. A sub area planning study could be devised in "short order ".
Councilman Diezel advised the Kempsville Intersection and the overlay might be a good model.
ITEM # 55754
Council Lady Henley suggested the Planning Director, at the first City Council Meeting of each month
provide a "thumbnail" review of the month's applications.
Council Lady Wilson would like the staff to present recommendations for discussions re City Council
Planning Items. Perhaps, the Planning staff could present their position first, followed by the Attorneys.
City Council has voted on matters and not heard from their own staff.
Councilman Uhrin believed this concept had merit.
ITEM # 55755
Council Members Diezel, Dyer and Villanueva are sponsoring a Town Hall Meeting, December 11,
2006, to discuss the upcoming plans in the Centerville District.
November 7, 2006
- 18 -
CITY COUNCIL COMMENTS
ITEM # 55756
Councilman Dyer referenced the status of the Rosemont Forest neighborhood and the flooding damage
from Tropical Storm Ernesto. The majority of residents are now back in their homes.
The City Manager advised the engineering analysis should entail no more than ninety (90) days.
ITEM # 55757
The City Attorney referenced the newspaper article reflected in the updated status of the Ordinance re
bars and nightclubs:
Ordinance to AMEND SS111, 233.1,701,901,1001,1501,1511 and 1521 of the
City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and
"Bar" or "Nightclub "; REQUIRE Conditional Use Permits for same and
ESTABLISH other regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C,
B-4K, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning District
This item is scheduled for the Planning Commission meeting on November 8, 2006. The City Attorney
would like to request additional time of the Planning Commission and bring their recommendations
forward to the City Council either December or January. Councilman Villanueva suggested January in
order for the industry representatives to be in attendance relative this Conditional Use Permit process.
November 7, 2006
- 19 -
REVIEW OFAGENDA ITEMS
4:52 P.M.
ITEM # 55758
8. Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC
November 15, 2006 to April 15, 2007 re:
a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides on the Boardwalk
Mayor Oberndorf referenced the November 7, 2006, correspondence from Sharon Quillen Adams,
Executive Director - Virginia Beach SPCA, re opposition to the introduction of this "activity" in
Virginia Beach. The correspondence contained questions which have not been asked or answered. This
Ordinance shall be discussed during the Formal Session.
ITEM # 55759
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
1. RESOLUTIONS/ORDINANCES
1. Resolution re the Development Authority issuing Revenue Refunding Bonds for
Our Lady of Perpetual Help Health Center, Inc.
2. Resolution A UTHORIZING the City Manager to apply for BRA C funds from the
Virginia Military Strategic Response Fund and execute an agreement with the
Virginia National Defense Industrial Authority re the requirements and
distribution of appreciable funds
3. Resolution to provide "law enforcement officer" benefits to full-time, salaried
Emergency Medical Service (EMS) Technicians
4. Resolution to APPOINT Elizabeth S. Chupik as Assistant City Attorney effective
November 16, 2006
5. Ordinance to AMEND ~ 21-302 re parking trailers on City streets
November 7, 2006
- 20-
REVIEW OFAGENDA ITEMS
ITEM # 55759 (Continued)
6. Ordinance to A UTHORIZE a temporary encroachment into a portion of City
property for STEPHEN G. and DEBORAH A. COREY to construct and
maintain a proposed boat lift and piles into Bass Inlet (aka Mill Creek) at 344
Back Bay Crescent.
(DISTRICT 7 - PRINCESS ANNE)
7. Ordinance to TRANSFER $935,000 within various school projects to fully fund
the Alternative Education Facility - Phase I re increased construction cost to
replace thisfacility and the Comprehensive Modernization Study Phases III
and IV for replacement of Windsor Woods Elementary.
November 7, 2006
- 21 -
ITEM # 55760
Mayor Meyera E. Oberndorf 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 thefollowingpurpose:
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)(J)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
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).
Woodstock Lake
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by counsel pursuant to Section 2.2-3711 (A)(7).
Shaunda Brandon v. City of Virginia Beach, et al
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:59 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
(Closed Session: 4:59 P.M. - 5:30 P.M.)
(Dinner: 5:30 P.M. -5:55 P.M.)
November 7, 2006
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 7, 2006
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 3, 2006 at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
William R. "Bill" DeSteph
[Business Meetings}
INVOCATION: Cantor David Proser
Acting Cantor
Kempsville Conservative Synagogue
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.
November 7, 2006
- 23 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 55761
Upon motion by Councilman Dyer seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exemptfrom Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 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 in ITEM # 55760J Page 21, and in accordance with the provisions 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.
NOfY, 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.
~~~
th Hodges Smith, MMC
City Clerk
November 7, 2006
- 24-
Item V-F. 1.
MINUTES
ITEM # 55762
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED
Minutes of the INFORMAL and FORMAL SESSIONS of October 24,2006.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
William R. "Bill" DeSteph
Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of October
24, 2006. She was participating in the Economic Development visit to Germany re Stihl Enterprises
November 7, 2006
Item V-G.
ADOPTAGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 25 -
ITEM #55763
AGENDA FOR THE FORMAL SESSION
November 7, 2006
- 26-
Item V-H.2.
RECOGNITION
ITEM #55764
Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their
Communications and Citizenship badges.
Troop 179
St. John the Apostle Catholic Church
Adam Tainter
Chase Klemenc
Nick Brilvich
Renee Wert
Leader
Mayor Oberndorf presented each student with a gift from the City of Virginia Beach.
November 7, 2006
- 27-
Item V.I.
RESOLUTIONS/ORDINANCES
ITEM #55765
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Item 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
- 28 -
Item V.I.J.
RESOLUTIONS/ORDINANCES
ITEM #55766
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution re the Development Authority issuing Revenue Refunding Bonds for
Our Lady of Perpetual Help Health Center, Inc.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
1 RESOLUTION OF CITY COUNCIL
2 APPROVING THE ISSUANCE BY THE CITY
3 OF VIRGINIA BEACH DEVELOPMENT
4 AUTHORITY OF REVENUE REFUNDING
5 BONDS FOR OUR LADY OF PERPETUAL
6 HELP HEALTH CENTER, INC.
7
8 WHEREAS, the City of Virginia Beach Development Authority
9 (the "Authority") has considered the application of Our Lady of
10 Perpetual Help Health Center, Inc. (the "Corporation"),
11 requesting the issuance by the Authority of its revenue
12 refunding bonds in an amount estimated not to exceed $14,000,000
13 (the "Bonds"), to (1) refund all or a portion of the Authority's
14 outstanding $14,980,000 Residential and Health Care Facility
15 First Mortgage Revenue Bonds (Our Lady of Perpetual Help),
16 Series 1997 (the "Series 1997 Bonds"), (2) fund a debt service
17 reserve fund for such bonds and (3) pay certain costs of
18 issuance incurred in connection with the issuance of such bonds;
19 and
20 WHEREAS, the Series 1997 Bonds were issued to finance the
21 costs of acquiring, constructing and equipping a facility for
22 the residence and care of the aged (the "Facility") owned and
23 operated by the Corporation and located at 4560 Princess Anne
24 Road, Virginia Beach, Virginia; and
25 WHEREAS, on October 17, 2006, the Authority held a public
26 hearing on the issuance of the Bonds and recommended that the
27 City Council of the City of Virginia Beach, Virginia (the
28 "Council"), approve the issuance of the Series 2006 Bonds to
29 comply to Section 147 of the Internal Revenue Code of 1986, as
30 amended (the "Code"), and Section 15.2-4906 of the Code of
31 Virginia of 1950, as amended (the "Act"), which is applicable
32 because of the provisions of Chapter 514 of the Virginia Acts of
33 Assembly of 1983; and
34
WHEREAS, a copy of the Authority's resolution approving
35 the issuance of the Series 2006 Bonds, a fiscal impact statement
36 and a reasonably detailed summary of the comments expressed by
37 the public hearing regarding the issuance of the Series 2006
38 Bonds, have been filed with the Council.
39 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
40 OF VIRGINIA BEACH, VIRGINIA:
41
1 .
The Council approves the issuance of the Series 2006
42 Bonds by the authority for the benefit of the Corporation, to
43 the extent of and as required by Section 147(f) of the Code and
44 Section 15.2-4906 of the Act, to permit the Authority to issue
45 the Series 2006 Bonds for the purposes set forth above.
46
2 .
The approval of the issuance of the Series 2006 Bonds
47 does not constitute and endorsement of the Series 2006 Bonds or
48 the creditworthiness of the Corporation. Pursuant to Chapter
49 643, Virginia Acts of Assembly of 1964, as amended, the Series
50 2006 Bonds shall provide that neither the Commonwealth of
51 Virginia, nor any political subdivision thereof, nor the
52 Authority shall be obligated to pay the Series 2006 or the
53 interest thereon or other costs incident thereto except from the
54 revenues and moneys pledged therefor, and neither the faith or
55 credit nor the taxing power of the Commonwealth of Virginia, or
56 any political subdivision thereof shall be pledged thereto.
57
3.
This Resolution shall take effect immediately upon its
58 adoption.
59 Adopted by the City Council of the City of Virginia Beach,
60
Virginia, on the 7th day of November
, 2006.
CAIOl18
V:\applications\citylawprod\cycom32\ Wpdocs\D005\P00 1 \000214 74 .DOC
R-l
October 26, 2006
APPROVED AS TO LEGAL
SUFFICIENCY
~$
City Attorney
VIRGINIA
B&~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
October 17, 2006
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Our Lady of Perpetual Help Health Center, Inc.
Revenue Refunding Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with project Our Lady of Perpetual Help Health
Center, Inc. located at 4560 Princess Anne Road, 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 modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
October 17, 2006
Page 2
(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,
~~
Teresa H. Carrington
Secretary
THCI A WS/mlg
Enclosures
V:\applicationslcitylawprodlcycom321 WpdocslDO06\POO I I00021492.DOC
Exhibit A
THE VIRGIN!~-PlLOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATiON
The virginian-Pilot
.------------~~_1..~~...._~____..___W~~_______~w--+---_____________________
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This day,Dreama Johnson personally appeared before!
me and after being duly ~worn, made oath that; I
1} She is affidavit olerk of The virg1nian-V11ot, I
a news~aper published by Landmark Communications I
Inc., in the cities of NorfOlk, portsmouth, I
Chesapeake, Suffolk, and Virginia Beaoh, Common- 1
wealth of Virginia and in the state of North I
Carolina 2)That the advertisement hereto annexed I
has been pUblished in said newspaper on the date I
stated. I
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LlNSI
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rwNTON & WILLIAMS
~51 EAST BYRD STREET
RtWRFRONT Pr..AZA, TO 11:
R~CHMOND, VA 23219
~EFgRENCB: 3~074aS9
lSS!l!l246
NOTICE OF PUBLIC HEA
staee of Vi~gi~ia
City of Norfolk
PUBLISHED ON: 10/03 10/10
TOTAL COST:
F:tJ..lW ON I
NonCE OF PUBu<rHEARING
ONPROPOSEO.REVENUi BOND
FINANCING BY THE CIJYOFVIRGINIA
BEACH DEVELOPMENT AUTHORITY
FOR OUR LADY OF PERPETUAL HELP
HEALTH C~RE.CENTEA, 'He;
NO\~, 1& h"eby ilV6I1 .!IIat !Ii<! C'~ ~f Virllln~ Ilfecll.
OIlvelopm.nl AUU10liIr Ithe .Aut~Critr') will t!Ol4 8 pylllic
",~rln& on the aPll/i_n Of Our L~ Of Pl/tIltllJll Help
Ilealtl\ Center. Ino.. . nQf,tO""ll71t Virelnllll nonatotk oorpOlI-
:iO~. (~ .'CoIllOJJtlon'l. for tlt4i )\UIhori1Y to ia!ltlll. Ilul'!uallt
'0 Ct~r 643 of tne VI~Ja Ap,s Of A84tmt~:L984. ""
"",ondtll (I'" 'Act"). ita -.Iue Ixln/ls (lIIe . ,. In en
0'110\111\ now -e6Umaled ~41 '0 eXt:o!ed $14.00 ,000, lor me'
bellGnl Of m.. COf1lOl8~on. Tl\t.l:<w1lol'lllien.. wno50 lltinciSl/l1
PlaCe or bus,"",," is kx:ltw at C/o Catl\ol;c Di<lC6i* III
RiehmlX1d. Mr. ).~no '. ea"..tt, 8.11. Cel1\ed.a1 Pillee. Rio'"
noO!1<l, viftinJe. 23220. 0IW1& 8M1 apelO\M . flldlhy ~ l/I,
=~:,~~~J:r!f~~l::~~~~":;t:J'.~*~r=~~~
R~:if~~~sB~ ~~ll~.e ~ ~ lie 01' a ~ien 01
me . Autr.or~"'s OU\s\.,,,ling $'l.4.$80.0oo Rteioenwl. and
1ll>81U1 Ca,. 'F~i'ity R"lot Mor\llilIle RevenYe 'Benda ((lvtl.ad'[
of Ptrpe.~U" H.I~l. $''''851997 (1he 'RelUndecl8<lnd.~')_ The
Rtfund,!d Sonos wert laBued <<> 1'io'l8nC8 the coons.'" ,~.ir.
mg. ~Ilf'~w~na ai14 9Qlj1,!~i~g !h~ F$eil[ll', wl'ridlcan5i.1$ (It
a nY".~ G~nle( ilO\d Al:htilll!ll'. _\Oilr '" , \l11NlOIY l;rel'.\)'
Of apprtli'imat~1Y 120 beds ~.rlnll et Wee ~Vl1lon. of
BPlll'OlU.1llltel\' 20 bed$"eaeh ~sip\:l1or A~. ClIrt.
. and a nu/Sinll center WIne wIII1 30 1I\jf81n1 nome: tledt ~d 30
inl!\ll$i~ persQtl,1 ~ ,beda. "n 8ddi~iin.' tIIa' l'lleH;ty tano
,.ins lool::. eqr;Jce ari(l dlnina llees, W"liY. ~l!tlQtl Ino
<:ommen erase. hOll!~P.in&. ~\Ol'8lle ~ off 0:1 spacor eM
otflllr tr!latn'lOi'1t ena.$Up~ 'l'PllCOl.. .
Tilt publil: heoring. whlcnre.ay be conUnued 01' a~O'Jmed.
. w1i1119 h&!a. at a.-ao'o'Clock .:m. till ~. ~
be. 17,. 200$dl!fore \lie. Auinonl;y 8t222' Central pj;t,
Avenue. SuI;e 1WQ. Vlr,jlnia aeee", Vifilma 23482. CIIi.
,en. of 'he CIty of V1/1i1l1a Beach atld aM Oth~ P4-' i~r.
~.tod In ~10 il8lJlltlCe ot the 8<lnds '!"l'1 '_0' end be
ncar~. A 'e<:ord 01 me h&0tin& 1".1 be ~ to t". Olty
~ of the Ci~ or Vitgllli. Beoch, Viltini.. ..nit:!> will be
~ek.d .to __e Iha i_1lilee of IIIe BCilds. A copy gf tho
io.oMioIl to be C<lIl&ldertd by It\6 Aulh~ .!Wr u.. il\IlI{lQ
Ma~nc Will lle- on file arid ""on for I~QlI~ 01 tne
Aotlior,'ia orrr<:~ daril1g bII1in"". hau", prior to lIIe PUbliC
I1eIl'illg. ".
. As "'Il,,,red by tna ACt'1M BonO. war
,,'cdit (lr lhO ~mg power '01\11. Common
"... Oily of Viotlnia BuC\1. V~gi<lill, or,tt>a
00 peytble !lOlaI)' rrom rMnu.. d.~1I\IifflOCl'l \lit Fnol.i!)' nn~
tne MC\Iril,y PltOllto tII.r.for. The A\lII1Qr~y'~ ~J;t; 10 ~~ I
Cenlt.. ~* AY~nu... $ul\ll I 000. VI'8i~IJ Be~. Vi/lltli~
:!346:t
, CI'I'Y. OF VIRGINIA' 8EACH ,
.DEVELOPMENT AUTHORity . ~
Ib:~~_~!.d V, JeIliJ, Chairman
vp <X~r'H. 10. 20QG 15B9!l246
state on the day and year
commission expires January 3l, 2008
Exhibit B
CERTIFICATE OF PUBLIC HEARING
AND RESOLUTION
The undersigned Chairman of the City of Virginia Beach Development Authority (the
"Authority"), hereby certifies as follows:
1. A meeting of the Authority was duly called and held on October 17,2006, at 8:30
o'clock a.m., in the Authority's offices at 222 Central Park Avenue, Suite 1000, Virginia Beach,
Virginia 23462. The meeting was open to the public and persons of differing views were given
an opportunity to be heard. At such meeting all of the Directors of the Authority were present or
absent as follows:
PRESENT: Dan H. Bro<iJkwell, Teresa H. Carrington, Donald V. Jellig,
Page G. Lea, Paul V. Michels, Jerrold L.~ller, Prescott Sherrod
t^..
t\ \III .
ABSENT: C. p.:ixwell Bartholomew, Jr., Douglas D. Ellis, John ..Richardson,
ELi:.! labeth A. Tv.Qhy
2. A notice of the hearing was published once a week for two consecutive weeks, the
first publication being not more than 28 days nor less than 14 days prior to the hearing in a
newspaper having general circulation in the City of Virginia Beach, Virginia (the "Notice"). A
copy of the Notice and a certificate of publication of such Notice have been filed with records of
the Authority and are attached hereto as Exhibit A.
3. The individuals identified in Exhibit B appeared and addressed the Authority and
a reasonably detailed summary of the statements made at the public hearing is included in
Exhibit B. The fiscal impact statement required by the Industrial Development and Revenue
Bond Act is attached hereto as Exhibit C.
4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution
(the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the
Directors present and voting at such meeting. The Resolution constitutes all formal action taken
by the Authority at such meeting relating to matters referred to in the Resolution. The
Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect
on the date hereof.
WITNESS my hand and seal of the Authority this \ ~~ day of October, 2006.
---=U...A ~ " b/
Chairman,
City of Virginia Beach Development Authority
(SEAL)
Exhibits A through D to be attached:
Exhibits A through D to be attached:
A. Copy of Notice, Certified by Newspaper
B. Summary of Statements
C. Fiscal Impact Statement
D. Resolution
EXIDBIT A
Copy of Notice, Certified by Newspaper
Date b.,Q!"Q?:!.?~Q~..m..m.m.:J
NOTICE OF PUBLIC HEARING
ON PROPOSED REVENUE BOND
FINANCING BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY
FOR OUR LADY OF PERPETUAL HELP
HEALTH CARE CENTER1 INC.
Ad I D h.?,?~~.~~.~:
"1
..__............._.............<_......__,_..._.J
Notice is hereby given that the City of Virginia Beach
Development Authority (the "Authority.) will hold a public
hearing on the application of Our Lady of Perpetual Help
Health Center, Inc., a not-for..profit Virginia nonstock corpora-
tion, (the "Corporation "), for the Authority to issue, pursuant
to Chapter 643 of the Virginia Acts of Assembly of 1964, as
amended (the "Act"), its revenue bonds (the "Bonds') in an
amount now estimated not to exceed $14,000,000, for the
benefit of the Corporation. The Corporation, whose principal
place of business is located at c/o Catholic Diocese of
Richmond, Mr. John F. Barrett, 811 Cathedral Place, Rich..
rnond, Virginia. 23220, owns and operates a facility for the
residence and care of the aged known as "Our Lady of Per-
petual Help" (the "Facility"), located at 4560 Princess Anne
Road, Virginia Beach, Virginia.
The Bonds are to be issued to refund all or a portion of
the Authority's outstanding $14,98Q,OOO ReSIdential and
Health Care Facility First Mortgage Revenue Bonds (Our Lady
of Perpetual Help), Series 1997 (the "Refunded Bonds"). The
Refunded Bonds were issued to finance the costs of acquir-
ing, constructing and equipping the Facility, which consists of
a nursing center and Alzheirner's center in a one-story facility
of approximately 120 beds consisting of three pavilions of
approximately 20 beds each designed for Alzheimer's care,
and a nursing center wing with 30 nursing home beds and 30
intensive personal care beds. In additi.on, the Facility con-
tains food service and dining areas, therapy, recreation and
common areas, housekeeping, storage and office space and
other treatment and support space.
The public hearing, which may be continued or adjourned,
will be held at 8:30 o'clock a.m. on Tuesday. Octo-
ber 17, 2006, before the Authority at 222 Central Park
Avenue. Suite 1000, Virginia Beach. Virginia 23462. Citi-
zens of the City of Virginia Beach and all other persons inter-
ested in the issuance of the Bonds may appear and be
heard. A record of the hearing will be forwarded to the City
Council of the City of Virginia Beach, Virginia, which will be
asked to approve the issuance of the Bonds. A copy of the
resolution to be considered by the Authority after the public
hearing will be on file and open for inspection at the
Authority's offices during business hours prior to the pubfic
hearing.
As required by the Act, the Bonds will not pledge the
credit or the taxing power of the Commonwealth of Virginia,
the City of Virginia Beach, Virginia, or the Authority, but will
be payable solely from revenues derived from the Facility and
the security pledged therefor. The Authority's address is 222
Central Park Avenue, Suite 1000, Virginia Beach, Virginia
23462.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
fut.: Donald V. Jellig, Chairman
VP October 3 & 10. 2006 15899246
Ad shown is not actual print size
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OCT-10-2006 11:21
THE VIRGINIRN PILOT
757 446 2077
P.01/01
THE VIRGINI~-P!LOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
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This day,Dreama Johnson personally appea~ea beforel
me and after being duly sworn, made oath that; I
1) She is affidavit clerk of Th~ virginian-~~lot, I
a news~aper published by ~andmark Communications I
Inc., in the cities of Norfolk{ portsmouth, I
Chesapeake, Suffolk { and virginia Beach{ Common- I
wealth of Virginia and in the state of North I
Carolina 2}T.hat the advertisement hereto annexed I
has been published in said newspaper on the date I
stat~d. I
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HUNTON & WILLIAMS
~51 EAST BYRD STREET
RIVERFRONT PLAZA, TO E
RICHMOND, VA 23219
REFERENCE: 3~074e~9
15a~~~46
NOTICE OF PUBLIC HEA
state of virginia
City of Norfolk
PUBLISHED ON: 10/03 10/10
TOTAL COST:
F:tLF.D ON:
Legal Affiant ~
NOTICE OF PUStle ',HEARING
ONPROPQSElH~EVENUE" BOND
FINANCING BY THE OIlY.OF VIRGINIA
BEACH DEVELO~MENt AUTHORITY
FOA OUR LADY OF PERPETUAL HELP
HEALTH C~E.C~NTER.INC~
NCl\~8 '5 neteby (lvsn .lIla! tf.ol! City (If V;rilni;l 8ftch.
Oo;vtlopment AUUlOhly (1M 'Authil>i\)") wiU t!Qlq . ~ublk;.
,"~~rlne on 1118 aJ>>ii~ /If Otlt Lellv of PtrptlUal Help
HlI.1tIl Center. lilt., a ~C!>!O^F.v.Jt VirglnJll nontllook CO'pOt.!!-
liO,l. (lI>e ."COlllOratlen-). for ll16 Authority to 18!ltJ8. llutsuant
10 C~":l~l:Or e..3 01 the VllliriJa ~ of A84tl'l\bly of :L984, ...
.n'O,,,,,,n (1118 "ACt"), ill rewliue lIon~. (the ".Bondi 'I In en
."out1\ now 'eatimBlad no. to .".eo<! $14.000,000, lor U,e'
b$nent 01 lI1a cOflloniuOli, 11\1. ~Ol';l\ion, WI\06& lltillCiptl
pIsc& of business 1$ 1~llect ill C/I;;. CathO!iO ~SIl 01
RiehmDl',d. 1.01,. ).,~O '. IlafTett, 811.Cstn.dnll I'lBee. Riot>-
m""ll. 'o'irEinle, 23220, owns. 8M apS"I". . f.cillty 10/" 1M
"'~id.n~e end care ott!1e.~~~~~.r~O"Pr=~~
'1l!nja. .
be II~Q ~ nrI-.,I(l(I all or 8 potliorl 0'
1111 .A"lhO'~y's au\ll~din, $H.Oeo.OOO AetlaenUal. an~
1<1.11I\ Ca,~ .$o;lity FtI'$I MQI'tgoge A$\I~e 1l0Ma (Qu, l.!llft
of P"'P'lI~QI Helm, Sl>rlOa 11191 ithe "RelUllded lklr,(I!S"). The
RI:fundlld llon~i wett I8sued to filla.'ICe the e~."" .~"ir.
Ing, ~onitnl~\ina and ~I~~i~g; the Faelli~. lNI\ick ~.i$ll: 01
~ nUnI;!1g center Md Al!l'>eilmtt'" _rin " ~10i)' f..olJily
ot aplllO;l<;malllly 120 bods a_lltln& or Wile paVIlions Of
. 8~Ill'Ox.natell' .:to bbd$"eaeh d\l.IID19~ for A~BJmGr. care.
and a nuts.n& center Y/ll'lll with 30 nutll~ noma: _ enc! 30
irtlensi~ pe'$ClI1el _,bllda. 'In ad<lition,'tII,'Fl\eility Cor>
tain. t.olt.sol\'lC8 and cllnlni areea. 1he1'8~, ~ettllllOn ~no
wmmDf\ arllea. l1Oll!ekeeP.in,t slOlllge llne! offo;. Sll<Ie. aM
otI1et tIoaWll(ll Md,$lJppQ<1 $PlIo:... .
. The public heMnt. whltfi.may be continued or 1ldj00"med.
. will IllI 11lI1I:1. at 8:30 'o'cloc:k. .:m. o!, ~cf,aY. Oeoto-
ber 17,. 200$l.brlOl9 1118.1IUtno111y at.222 Canlrll Pork
/1._"", Sui;" 1(,)100. VllilniB SaBCn. Vi'iinla 23462. Cl~
z~nu of 'he Olty of 'litlil1ie BaSIOn atIC all <llher pe~ into,.
~.,t.. In tl18 Illll\lllnoa of the Bonde ''''''1 e~_, end lie
ne.,Q, /I. 'eeord Olllle heDli"3 will b" f~ \0 the City
OO\lllClI 01 thO till or V1rglllill Beaah. lliT1lln,.. wt1N:h WIll be
~Sk.d .to appllWs lhe iss\lllnce of the \loildS. ^ <:ow ot tho
'a$Cfution .to b6 cOOlAi<ltttd by lI1f> Allll1arily efWr ~ Pl'~PC
l1e.r~ WIll b& o. file 6ncf DF~n for ~,~~UQtl at tM
Alitlior,ly't lI(r.li~$ during bII"n~$ l1Ilu~ ~IQf to tn. pUblic
I~~~~ nollVlfed Ill' Iha ~;;'lba 80Ma wlll.ct . ." :".~
.rcc~, or ~ tIIx,n, pOwer'oI Ute Commonwe.llI1'W~.
the CI~ of VI~ni. Desell. VirgiC\ia. ct:.~a 'A'Utho,ily, bUt willi
be payeble 8OIl1iy 110m Isven<tt8 d.ri....fflO/l1 Ill\! F"tli'ily M~ I
tNlllQOU'il,y lll*C&ed In""'r.... Tho Alllh<.>n\y'$ ~d1itr9.. 1< Zl~
Cenlt..j Pll,k tw"".8. $c,lll'l 1000. ViIi",,, Be.(I/\. Vir∈a
:13462'. .
, CI'rY OF VIRGINIA' 'BEACH l
l:IEVELOPMEHT AUTHQRffY .:
Ib: C?~~~I~ V. Jellig, Ctlaitmlln
V~ Octobe' 3.& 10, 2006 15889246
state on the day and year
commission expires January 31{ 2008
PAGE il1 ~ RCVD AT 101101200610:58:58 AM [Eastern Daylight Time]l SVR:RIRIGHTFAXl10 ~ DNIS:B7999* CSID:157 446 2077* DURATION (mm.ssj:0048TilTHI
P. vl1
NONE
SUMMARY OF STATEMENTS
MADE AT PUBLIC HEARING
CONDUCTED BY THE
VIRGINIA BEACH
ECONOMIC DEVELOPMENT AUTHORITY
ON OCTOBER 17,2006, WITH RESPECT TO
THE APPLICATION OF
OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC.
FOR AUTHORITY FINANCING
EXHIBIT B
EXHIBIT C
FISCAL IMPACT STATEMENT
o ~ \ <'\ . '1.-0D\.o
Date'
OUR LADY OF PERPETUAL HELP HEALTH CENTER. INC.
Applic.an t
OUR LADY OF PERPETUAL HELP
Facility
1. Maximum amount of financing sought
$14,000,000
2. Estimated taxable value of the facility's real property to be constructed
in the municipality
3. Estimated real property tax per year using present tax rates
TAX EXEMPT
4. Estimated personal property tax per year using present tax rates
TAX EXEMPT
5. Estimated merchants' 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
$558,000
b. Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
$28,000
c. Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
$1,197,000
d. Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
$63,000
7. Estimated number of regular employees on year round basis
146
8. Average annual salary per employee
~t.. v ~/
Authori airman
$21,515
City of Virginia Beach Development Authority
EXHIBIT D
RESOLUT10N
RESOLUTION OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a
political subdivision of the Commonwealth of Virginia (the "Commonwealth") created pursuant
to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and
WHEREAS, under the terms of the Act, th.e Authority has, in addition to all powers
enumerated, all powers to issue bonds as are conferred upon industrial development authorities
created pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2,
Code of Virginia of 1950, as amended (the "IDB Act"), including the power to (1) set the final
terms and maturities of any bonds issued by the Authority in such manner as the Authority may
provide, (2) acquire, improve, maintain, equip, own and sell medical facilities and facilities for
the residence and care of the aged to protect and promote the health and welfare for the
inhabitants of the Commonwealth, (3) use the proceeds of any bonds issued for the purpose of
carrying out any of its powers, including refunding bonds previously issued and (4) as security
for the payment of principal and interest on any bonds so issued, enter into agreements and to
pledge the revenues therefrom to the payment of debt service on such bonds; and
WHEREAS, OUf Lady of Perpetual Help Health Center, Inc., a not-for-profit Virginia
nonstock corporation (the "Corporation") is a not-for-profit Virginia corporation that is a tax-
exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(the "Code") and operates a facility for the residence and care of the aged (the "Facility") in the
City of Virginia Beach, Virginia (the "City"); and
WHEREAS, to achieve interest rate savings, the Corporation has requested the Authority
to issue its revenue bonds to (1) refund all or a portion of the Authority's outstanding
$14,980,000 Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of
Perpetual Help), Series 1997 (the "Series 1997 Bonds"), (2) provide for a debt service reserve
fund for such bonds and (3) pay certain costs of issuance incurred in connection with the
issuance of such bonds; and
WHEREAS, the Series 1997 Bonds were issued to finance the costs of acquiring,
constructing and equipping the Facility; and
WHEREAS, there have been presented to this meeting drafts of the following
instruments (the "Financing Instruments"), which the Authority proposes to execute or approve
to carry out the issuance and sale of its Residential and Health Care Facility First Mortgage
Revenue Refunding Bonds (Our Lady of Perpetual Help), Series 2006 (the "Series 2006
Bonds"), for the purpose of refunding the Series 1997 Bonds, copies in draft form of which
instruments shall be filed with the records of the Authority:
(a) Preliminary Official Statement relating to the offering of the Series 2006 Bonds
(the "Preliminary Official Statement");
(b) Bond Purchase Agreement (the "Bond Purchase Agreement") between (i) the
Authority, (ii) the Corporation and (iii) BB&T Capital Markets, a division of Scott &
Stringfellow, Inc. (the "Underwriter"), with respect to the sale of the Series 2006 Bonds;
(c) First Supplemental Indenture of Trust dated as of November 1, 2006 (the
"Supplement") supplementing a Trust Agreement dated August 1, 1997 (the "Indenture"),
between the Authority and U.S. Trust, National Association, as successor Trustee (the
"Trustee");
(d) First Amendment to Sale Agreement dated as of November 1, 2006 (the "Loan
Agreement"), supplementing and amending an Agreement of Sale dated August 1, 1997,
between the Authority and the Corporation;
(e) Promissory Note of the Corporation, either in the principal amount of the
aggregate principal amount of the Series 2006 Bonds or, if issued as a replacement for this note
issued in 1997, in the principal amount of all bonds, including the unrefunded Series 1997
Bonds, to be outstanding (the "Series 2006 Note"), including the form of assignment thereof
from the Authority to the Trustee; and
(f) Series 2006 Bonds; and
WHEREAS, a public hearing has been held as required by Section l47(f) of the Internal
Revenue Code of 1986, as amended (the "Code")~ and Section 15.2-4906 of the IDB Act, which
is applicable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983.
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the refunding of the Series 1997 Bonds will
be in the public interest of the City and its environs, and will benefit the City and its inhabitants
by reducing the costs of providing facilities for the residence and care of the aged in the City and
the Commonwealth and is consistent with the purposes of the Act.
2. The Authority hereby authorizes the issuance of the Series 2006 Bonds pursuant
to the Indenture and the Supplement in an amount not to exceed $14,000,000, the sale of the
Series 2006 Bonds to the Underwriter pursuant to the Bond Purchase Agreement and the loan of
the proceeds of the Series 2006 Bonds to the Corporation pursuant to the Loan Agreement.
3. The Chairman and Vice Chairman of the Authority, either of whom may act (the
"Authorized Officers"), are each hereby authorized and directed to approve the final terms of the
Series 2006 Bonds, and related documents including the principal amount, maturities, interest
rates and redemption prices and dates, and the price at which the Underwriter shall purchase the
Series 2006 Bonds; provided, however, that (a) the aggregate maximum principal amount of the
Series 2006 Bonds shall not exceed $14,000,000. (b) no Series 2006 Bond shall mature beyond
July 1, 2027 (c) the highest fixed interest rate on any Series 2006 Bond shall not exceed 5.5%,
(d) no redemption premium shall exceed 2% of principal and (e) total compensation to the
Underwriters shall not exceed 2% of the aggregate principal amount of the Series 2006 Bonds.
4.
approved.
The use of U.S. Bank, National Association as Successor Trustee is ratified and
-2-
5. The Authorized Officers are eactl authorized to execute and deliver the Loan
Agreement, the Supplement and the Purchase Agreement.
6. The Authority ratifies and consents to the distribution by the Underwriter of the
Preliminary Official Statement The Authority deems the Preliminary Official Statement final
for purposes of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") except
for information the omission of which is permitted by the Rule. The Authorized Officers are
each authorized to execute and deliver to the Underwriter for distribution a final Official
Statement in substantially the form of the Preliminary Official Statement reflecting the terms of
the Series 2006 Bonds, with such completions, omissions, insertions and changes as the
executing officer of the Authority may approve, and such officer's execution shall constitute
conclusive evidence of approval of any such completions, omissions, insertions and changes.
Execution of the final Official Statement shall constitute conclusive evidence that the Official
Statement has been deemed final within the meaning of the Rule.
7. The Authorized Officers are each hereby authorized and. directed to accept from
the Corporation the Series 2006 Note to evidence the Corporation's repayment obligation for the
loan provided for in the Loan Agreement and to assign by endorsement, without recourse, and
deliver the Series 2006 Note to the Trustee as security for the Series 2006 Bonds and other bonds
outstanding under the Indenture.
8. The Authorized Officers are each hereby authorized and directed to execute the
Series 2006 Bonds by manual or facsimile signature, and the Secretary of the Authority and the
Assistant Secretary, either of whom may act, are authorized and directed to have the seal of the
Authority affixed or printed thereon and to attest such seal by manual or facsimile signature.
The officers of the Authority are authorized and directed to deliver the Series 2006 Bonds to the
Trustee for authentication and to cause the Series 2006 Bonds so executed and authenticated to
be delivered to or for the account of the Underwriters upon terms provided in the Bond Purchase
Agreement.
9. The Financing Instruments and the Series 2006 Bonds shall be in substantially the
forms submitted to this meeting, which are hereby approved, reflecting the terms of the Series
2006 Bonds and with such completions, omissions, insertions and changes that do not materially
adversely affect the Authority's interests, as the executing officer of the Authority may approve,
with the execution of any Financing Instruments constituting conclusive evidence of approval of
any such completions, omissions, insertions and changes.
10. The officers of the Authority are hereby authorized and directed to execute,
deliver and file all documents, certificates and instruments, including Internal Revenue Service
Form 8038 and an escrow deposit agreement with respect to the refunding of the Series 1997 to
be refunded Bonds, on behalf of the Authority and to take all Stich further action as may be
necessary or desirable in connection with the issuance and sale of the Series 2006 Bonds, the
refunding of the Series 1997 Bonds and the calling for redemption of the Series 1997 Bonds.
11. All other acts of the officers of the Authority that are in conformity with the
purposes and intent of this resolution and in furtherance of the refunding of the Series 1997
,..,
-j-
Bonds and the issuance and sale of the Series 2006 Bonds are hereby authorized, ratified and
approved.
12. The Authority hereby approves Hunton & Williams LLP as bond counsel to
supervise the proceedings and approve the legality of the issuance of the Series 2006 Bonds, and
approves BB&T Capital Markets, a division of Scott and Stringfellow, Inc., as the Underwriter
of the Series 2006 Bonds.
13. All costs and expenses incurred in connection with the issuance of the Series 2006
Bonds and the refunding of the Series 1997 Bonds. including the fees and expenses of bond
counsel and the Corporation's counsel, shall be paid from the proceeds of the Series 2006 Bonds
to the extent allowed by law. If for any reason the Series 2006 Bonds are not issued or if the
proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and
expenses shall be paid by the Corporation and that the Authority shall not have responsibility
therefor.
14. The Corporation shall pay any and all costs and expenses incurred by the
Authority in connection with the proposed bond issue. If for any reason the Series 2006 Bonds
are not issued, it is understood that the Corporation will reimburse the Authority for all of its out-
of-pocket expenses relating to the proposed bond financing.
15. The Corporation hereby agrees to indemnify and save harmless the Authority, its
officers, directors and employees and agents from and against all liabilities, obligations, claims,
damages, penalties, fines, losses, costs and expenses in any way connected with the Corporation
or the issuance of the Series 2006 Bonds.
16. Any authorization herein to execute a document shall include authorization to
record such document where appropriate and to deliver it to the other parties thereto.
17. The Authority hereby recommends that the City Council of the City approve the
issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds pursuant to
Section 147(0 of the Code and Section 15.2-4906 of the IDB Act, as applicable to the Authority.
18. This resolution shall become effective immediately.
-4-
CERTIFICATE
The undersigned Secretary of the City of Virginia Beach Development Authority (the
"Authority") hereby certifies that the foregoing is a true, correct and complete copy of a
resolution adopted by a majority of the Commissioners of the Authority present and voting at a
meeting duly called and held on October 17, 2()06, in accordance with law, and that such
resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect
on the date hereof.
WITNESS the following signature this YL~ay of~'tP, 2006.
(SEAL)
~~~
SC'fV' .. 'Bh D I
ecretary, Ity 0 lrgmla eac eve opment
Authority
Exhibit C
RESOLUTION OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a
political subdivision of the Commonwealth of Virginia (the "Commonwealth") created pursuant
to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and
WHEREAS, under the terms of the Act, th.e Authority has, in addition to all powers
enumerated, all powers to issue bonds as are conferred upon industrial development authorities
created pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2,
Code of Virginia of 1950, as amended (the "IDB Act"), including the power to (1) set the final
terms and maturities of any bonds issued by the Authority in such manner as the Authority may
provide, (2) acquire, improve, maintain, equip, own and sell medical facilities and facilities for
the residence and care of the aged to protect and promote the health and welfare for the
inhabitants of the Commonwealth, (3) use the proceeds of any bonds issued for the purpose of
carrying out any of its powers, including refunding bonds previously issued and (4) as security
for the payment of principal and interest on any bonds so issued, enter into agreements and to
pledge the revenues therefrom to the payment of debt service on such bonds; and
WHEREAS, Our Lady of Perpetual Help Health Center, Inc., a not-for-profit Virginia
nonstock corporation (the "Corporation") is a not-for-profit Virginia corporation that is a tax-
exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(the "Code") and operates a facility for the residence and care of the aged (the "Facility") in the
City of Virginia Beach, Virginia (the "City"); and
WHEREAS, to achieve interest rate savings, the Corporation has requested the Authority
to issue its revenue bonds to (1) refund all or a portion of the Authority's outstanding
$14,980,000 Residential and Health Care Facility First Mortgage Revenue Bonds (Our Lady of
Perpetual Help), Series 1997 (the "Series 1997 Bonds"), (2) provide for a debt service reserve
fund for such bonds and (3) pay certain costs of issuance incurred in connection with the
issuance of such bonds; and
WHEREAS, the Series 1997 Bonds were issued to finance the costs of acquiring,
constructing and equipping the Facility; and
WHEREAS, there have been presented to this meeting drafts of the following
instruments (the "Financing Instruments"), which the Authority proposes to execute or approve
to carry out the issuance and sale of its Residential and Health Care Facility First Mortgage
Revenue Refunding Bonds (Our Lady of Perpetual Help), Series 2006 (the "Series 2006
Bonds"), for the purpose of refunding the Series 1997 Bonds, copies in draft form of which
instruments shall be filed with the records of the Authority:
(a) Preliminary Official Statement relating to the offering of the Series 2006 Bonds
(the "Preliminary Official Statement");
(b) Bond Purchase Agreement (the "Bond Purchase Agreement") between (i) the
Authority, (ii) the Corporation and (tii) BB&T Capital Markets, a division of Scott &
Stringfellow, Inc. (the "Underwriter"), with respect to the sale of the Series 2006 Bonds;
(c) First Supplemental Indenture of Trust dated as of November 1, 2006 (the
"Supplement") supplementing a Trust Agreement dated August 1, 1997 (the "Indenture"),
between the Authority and U.S. Trust, National Association, as successor Trustee (the
"Trustee");
(d) First Amendment to Sale Agreement dated as of November 1, 2006 (the "Loan
Agreement"), supplementing and amending an Agreement of Sale dated August 1, 1997,
between the Authority and the Corporation;
(e) Promissory Note of the Corporation, either in the principal amount of the
aggregate principal amount of the Series 2006 Bonds or, if issued as a replacement for this note
issued in 1997, in the principal amount of all bonds, including the unrefunded Series 1997
Bonds, to be outstanding (the "Series 2006 Note")., including the form of assignment thereof
from the Authority to the Trustee; and
(f) Series 2006 Bonds; and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the IDB Act, which
is applicable because of the provisions of Chapter 514 of the Virginia Acts of Assembly of 1983.
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the refunding of the Series 1997 Bonds will
be in the public interest of the City and its environs, and will benefit the City and its inhabitants
by reducing the costs of providing facilities for the residence and care of the aged in the City and
the Commonwealth and is consistent with the purposes of the Act.
2. The Authority hereby authorizes the issuance of the Series 2006 Bonds pursuant
to the Indenture and the Supplement in an amount not to exceed $14,000,000, the sale of the
Series 2006 Bonds to the Underwriter pursuant to the Bond Purchase Agreement and the loan of
the proceeds of the Series 2006 Bonds to the Corporation pursuant to the Loan Agreement.
3. The Chairman and Vice Chairman of the Authority, either of whom may act (the
"Authorized Officers"), are each hereby authorized and directed to approve the final terms of the
Series 2006 Bonds, and related documents including the principal amount, maturities, interest
rates and redemption prices and dates, and the price at which the Underwriter shall purchase the
Series 2006 Bonds; provided, however, that (a) the aggregate maximum principal amount of the
Series 2006 Bonds shall not exceed $14,000,000, (b) no Series 2006 Bond shall mature beyond
July 1, 2027 (c) the highest fixed interest rate on any Series 2006 Bond shall not exceed 5.5%,
(d) no redemption premium shall exceed 2% of principal and (e) total compensation to the
Underwriters shall not exceed 2% of the aggregate principal amount of the Series 2006 Bonds.
4.
approved.
The use of U.S. Bank, National Association as Successor Trustee is ratified and
-2-
5. The Authorized Officers are each authorized to execute and deliver the Loan
Agreement, the Supplement and the Purchase Agreement.
6. The Authority ratifies and consents to the distribution by the Underwriter of the
Preliminary Official Statement. The Authority deems the Preliminary Official Statement final
for purposes of Rule 15c2-l2 of the Securities and :Exchange Commission (the "Rule") except
for information the omission of which is permitted by the Rule. The Authorized Officers are
each authorized to execute and deliver to the Underwriter for distribution a final Official
Statement in substantially the form of the Preliminary Official Statement reflecting the terms of
the Series 2006 Bonds, with such completions, omissions, insertions and changes as the
executing officer of the Authority may approve, and such officer's execution shall constitute
conclusive evidence of approval of any such completions, omissions, insertions and changes.
Execution of the final Official Statement shall constitute conclusive evidence that the Official
Statement has been deemed final within the meaning of the Rule.
7. The Authorized Officers are each hereby authorized and directed to accept from
the Corporation the Series 2006 Note to evidence the Corporation's repayment obligation for the
loan provided for in the Loan Agreement and to assign by endorsement, without recourse, and
deliver the Series 2006 Note to the Trustee as security for the Series 2006 Bonds and other bonds
outstanding under the Indenture.
8. The Authorized Officers are each hereby authorized and directed to execute the
Series 2006 Bonds by manual or facsimile signature, and the Secretary of the Authority and the
Assistant Secretary, either of whom may act, are authorized and directed to have the seal of the
Authority affixed or printed thereon and to attest such seal by manual or facsimile signature.
The officers of the Authority are authorized and directed to deliver the Series 2006 Bonds to the
Trustee for authentication and to cause the Series 2006 Bonds so executed and authenticated to
be delivered to or for the account of the Underwriters upon terms provided in the Bond Purchase
Agreement.
9. The Financing Instruments and the Series 2006 Bonds shall be in substantially the
forms submitted to this meeting, which are hereby approved, reflecting the terms of the Series
2006 Bonds and with such completions, omissions, insertions and changes that do not materially
adversely affect the Authority's interests, as the executing officer of the Authority may approve,
with the execution of any Financing Instruments constituting conclusive evidence of approval of
any such completions, omissions, insertions and changes.
10. The officers of the Authority are hereby authorized and directed to execute,
deliver and file all documents, certificates and instruments, including Internal Revenue Service
Form 8038 and an escrow deposit agreement with respect to the refunding of the Series 1997 to
be refunded Bonds, on behalf of the Authority and to take all such further action as may be
necessary or desirable in connection with the issuance and sale of the Series 2006 Bonds, the
refunding of the Series 1997 Bonds and the calling for redemption of the Series 1997 Bonds.
11. All other acts of the officers of the Authority that are in conformity with the
purposes and intent of this resolution and in furtherance of the refunding of the Series 1997
-3-
Bonds and the issuance and sale of the Series 2006 Bonds are hereby authorized, ratified and
approved.
12. The Authority hereby approves Hunton & Williams LLP as bond counsel to
supervise the proceedings and approve the legality of the issuance of the Series 2006 Bonds, and
approves BB&T Capital Markets. a division of Scott and Stringfellow, Inc., as the Underwriter
of the Series 2006 Bonds.
13. All costs and expenses incurred in connection with the issuance of the Series 2006
Bonds and the refunding of the Series 1997 Bonds, including the fees and expenses of bond
counsel and the Corporation's counsel, shall be paid from the proceeds of the Series 2006 Bonds
to the extent allowed by law. If for any reason the Series 2006 Bonds are not issued or if the
proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and
expenses shall be paid by the Corporation and that the Authority shall not have responsibility
therefor.
14. The Corporation shall pay any and all costs and expenses incurred by the
Authority in connection with the proposed bond issue. If for any reason the Series 2006 Bonds
are not issued, it is understood that the Corporation will reimburse the Authority for all of its out-
of-pocket expenses relating to the proposed bond financing.
15. The Corporation hereby agrees to indemnify and save harmless the Authority, its
officers, directors and employees and agents from and against all liabilities, obligations, claims,
damages, penalties, fines, losses, costs and expenses in any way connected with the Corporation
or the issuance of the Series 2006 Bonds.
16. Any authorization herein to execute a document shall include authorization to
record such document where appropriate and to deliver it to the other parties thereto.
17. The Authority hereby recommends that the City Council of the City approve the
issuance of the Series 2006 Bonds and the refunding of the Series 1997 Bonds pursuant to
Section 147(f) of the Code and Section 15.2-4906 of the IDB Act, as applicable to the Authority.
18. This resolution shall become effective immediately.
-4-
CERTIFICA TE
The undersigned Secretary of the City of Virginia Beach Development Authority (the
"Authority") hereby certifies that the foregoing is a true, correct and complete copy of a
resolution adopted by a m~ority of the Commissioners of the Authority present and voting at a
meeting duly called and held on October 17, 2006, in accordance with law, and that such
resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect
on the date hereof.
WITNESS the following signature this n..~ay of~..,p, 2006.
(SEAL)
~(?~
S C'f V' . . 'Bh D 1
ecretary, Ity 0 lfgmla eac eve opment
Authori ty
Exhibit D
DISCLOSURE STATEMENT
Date: October 13, 2006
Applicant:
Our Lady of Perpetual Help Health Center, Inc., a Virginia non-
stock, not-for-profit corporation, whose sole corporate member is the
Bishop of the Catholic Diocese of Richmond
All Members:
(ifdifferent from Applicant):
Most Reverend Francis Xavier DiLorenzo,
Bishop of Richmond (Catholic Diocese of Richmond)
Type of Application:
Refunding of City of Virginia Beach Development Authority
Residential and Health Care Facility First Mortgage Revenue Bonds
(Our Lady of Perpetual Help), Series 1997, issued to fmance the
costs of acquiring, constructing and equipping "Our Lady of
Perpetual Help", a facility for the residence and care of the aged
1. The Applicant is a Virginia non-stock, not-for-profit corporation.
2. The Applicant is and will be the owner of the Project.
3. The current officers and trustees of Applicant are listed on the attached Exhibit A.
Our Lady of Perpetual Help Health Center, Inc.
.- ~-'" ,--
( -\ \. -", , "....
BY:Yl~' 'm~tJt~
l, \ ~~J fJ
v
Exhibit A
Name Title
Joan Rothrauff President
Francis Foster Vice President
MaryEllen Cox Secretary
Robert M. McCarthy, III Treasurer
M. Susan Bucher Director
Father Paschal N. Kneip, O.S.B. Director
Thomas McAndrews Director
Father James Parke Director
Robert M. Spear, D.O. Director
782705
- 2 -
Exh.ibit 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
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
OUR LADY OF PERPETUAL HELP HEALTH CENTER, INC.
REVENUE REFUNDING BONDS OF RESIDENTIAL AND HEALTH CARE FACILITY
FIRST MORTGAGE REVENUE BONDS SERIES 1997
The Authority recommends approval of the captioned refunding. The refunding will
allow Our Lady of Perpetual Help Health Center, Inc. to achieve substantial interest savings,
which will benefit the citizens of the 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
o~ \'\,,-aD~
Date
OUR LADY OF PERPETUAL HELP HEALTH CENTER. INC.
Applican t
OUR LADY OF PERPETUAL HELP
Facility
1. Maximum amount of financing sought
$14,000,000
2. Estimated taxable value of the facility's real property to be constructed
in the municipality
3. Estimated real property tax per year using present tax rates
TAX EXEMPT
4. Estimated personal property tax per year using present tax rates
TAX EXEMPT
5. Estimated merchants' 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
$558,000
b. Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
$28,000
c. Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
$1,197,000
d. Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
$63,000
7. Estimated number of regular employees on year round basis
8. Average annual salary per employee
~t~ v ~/
Authorit airman
146
$21,515
City of Virginia Beach Development Authority
Exhibit G
SUMMARY SHEET
CITY OF YmGUUA BEACH DEVELOPMENT AUTHOIDTY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
1.
PROJECT NAME:
Our Lady of Perpetual Help Health Center, Inc.
2.
LOCATION:
4560 Princess Anne Road
Virginia Beach, Virginia 23462
3.
DESCRIPTION
OF PROJECT:
Refunding of City of Virginia Beach Development Authority
Residential and Health Care Facility First Mortgage Revenue Bonds
(Our Lady of Perpetual Help), Series 1997, issued to finance the
costs of acquiring, constructing and equipping "Our Lady of
Perpetual Help", a facility for the residence and care of the aged
4.
AMOUNT OF
BOND ISSUE:
Not to exceed $14,000,000
5.
PRINCIPALS:
Joan Rothrauff, President, Our Lady of Perpetual Help
Francis Foster, Vice President, Our Lady of Perpetual Help
MaryEllen Cox, Secretary, Our Lady of Perpetual Help
Robert M. McCarthy, III, Treasurer, Our Lady of Perpetual Help
Loryn Duncan-Marcil, Facility Administrator
Mary Elyn McNichols, Executive Vice President, Coordinated
Services Management, Inc. (Management Company of the Facility)
Michael R. Pearrell, Vice President of Finance, Coordinated Services
Management, Inc. (Management Company of the Facility)
6. ZONING CLASSIFICATION:
a. Present Zoning
Classification: R-75
b. Is rezoning proposed? NO
c. If so, to what zoning
classification? N/A
782699
Exhibit H
VIRGINIA
BE.~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach. VA 23462
(757) 385-6464
PAX (757) 499-9894
Website: www.vbgov.com
October 17, 2005
Mr. Donald V. Jellig
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Our Lady of Perpetual Help Health Center, Inc.
Dear Don:
The Department of Economic Development concurs with the issuance of Residential and Health
Care Facility First Mortgage Revenue Refunding Bonds in an amount not to exceed $14,000,000
for Our Lady of Perpetual Help Health Center, 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.
I will be happy to answer any questions you may have at our meeting of October 1 ih.
Sincerely,
-\"\~w~
Mark R. Wawner
Project Development Coordinator
Ills
- 29-
Item V. I. 2.
RESOLUTIONS/ORDINANCES
ITEM #55767
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution AUTHORIZING the City Manager to apply for BRAC funds
from the Virginia Military Strategic Response Fund and execute an
agreement with the Virginia National Defense Industrial Authority re
the requirements and distribution of appreciable funds.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
1
2
3
4
5
6
7
8
A RESOLUTION AUTHORIZING SUBMISSION OF
VIRGINIA MILITARY STRATEGIC RESPONSE
FUND APPLICATION AND VIRGINIA MILITARY
STRATEGIC RESPONSE FUND AGREEMENT WITH
THE VIRGINIA NATIONAL DEFENSE
INDUSTRIAL AUTHORITY
WHEREAS, the Virginia General Assembly during its 2005
9
Session
created
the
Virginia
National
Defense
Industrial
10 Authority ("Authority") to provide technical assistance and
11
coordination
between
the
Commonwealth,
its
political
12
subdivisions,
and the United States military and national
13 defense activities located in the Commonwealth; and
14
WHEREAS,
the Authority 1S
empowered to
enter
into
15 agreements and to make grants to benefit Virginia by responding
16 to the BRAC 2005 actions which were adopted by both the
17 President and the U.S. Congress; and
18
WHEREAS,
the Authority has initiated a grant program
19 entitled the "Virginia Military Strategic Response Fund;" and
20
WHEREAS, the City Council has the authority to enter into
21 agreements and receive funds for such purposes; and
22
WHEREAS, the City Council authori zes the City Manager to
23 submit such applications as are necessary and appropriate for
24 the City to receive grant funds for these purposes.
25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27
1.
That the City Manager, James K. Spore, or his designee
28 is hereby authorized to submit to the Virginia National Defense
29 Industrial Authority (Authority), a Virginia Military Strategic
30 Response Fund Application (Application) and to enter into a
31 Virginia Military Strategic Response Fund Agreement (Agreement)
32 with the Authority;
33
2.
That the City Manager, James K. Spore, or his designee
34 is authorized to execute and deliver the Application and the
35 Agreement in the name of and on behalf of the City as well as
36 such other agreements and documents as are contemplated by the
37 Application and the Agreement or are otherwise necessary in
38 connection with the Application and/or Agreement, as he shall
39 deem appropriate;
40
3.
That all actions previously taken or that will be
41 taken by any officer, manager, official employee or agent of the
42 City in connection with or related to the matters set forth in
43 or reasonably contemplated by the foregoing resolutions be and
44 each of them hereby lS adopted, ratified and confirmed and
45 approved in all respects.
46
Adopted by the Council of the City of Virginia Beach,
47
Virginia, on the
day of
7th November
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
j)~\i,~~
Management Services
,J~ t K -1fd-
City Attorney's fice
CA-10202
V:\applications\citylawprod\cycom32\Wpdocs\D031\P001\OO022849.DOC
R-4
October 31/ 2006
- 30-
Item v'I.3.
RESOLUTIONS/ORDINANCES
ITEM #55768
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to provide "law enforcement officer" benefits to full-time,
salaried Emergency Medical Service (EMS) Technicians.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
1
2
3
A RESOLUTION TO PROVIDE LAW ENFORCEMENT
OFFICER BENEFITS TO EMERGENCY MEDICAL
SERVICES TECHNICIANS
4
WHEREAS, the City of Virginia Beach currently participates
5 in the Virginia Retirement System under Title 51.1, Chapter 1,
6 Article 5 of the Code of Virginia; and
7
WHEREAS,
political
subdivisions
participating
in
the
8 Virginia Retirement System may elect to provide enhanced
9 benefits to employees who are employed in law enforcement
10
positions
comparably
hazardous
to
those
of
state police
11 officers; and
12
WHEREAS, the City previously elected to provide enhanced
13 law enforcement benefits to police officers, sheriff's deputies,
14 and full-time salaried fire fighters; and
15
WHEREAS, recent amendments to section 51.1-138 of the Code
16 of Virginia permit local governments to extend enhanced law
17 enforcement officer benefits to full-time, salaried emergency
18 medical technicians; and
19
WHEREAS,
the
City
desires
to
extend
enhanced
law
20 enforcement officer benefits to the City's full-time, salaried
21 emergency medical technicians.
22 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
1 )
That the City hereby elects to have employees of the
25 City who are employed as full-time, salaried emergency medical
26 technicians and whose tenure is not restricted as to temporary
27
or
provisional
appointment
to
become
eligible,
effective
28 December 1, 2006, to be provided benefits in the Virginia
29 Retirement System equivalent to these provided for state police
30 officers, as set out in Section 51.1-138 of the Code of Virginia
31 (as amended or as may be amended from time to time), in lieu of
32 benefits that would otherwise be provided;
33
2 )
That the City hereby agrees to pay the increased
34 employer cost for providing such employees such benefits;
35
3)
That
the
Ci ty Manager
is
hereby authorized and
36 directed to execute any required contract in order that the
37 above-described employees of the City may become entitled to
38 retirement benefits equivalent to these provided for state
39 police officers;
40
4 )
That in execution of any contract which may be
41 required, the City seal shall be affixed and attested by the
42 City Clerk; and
43
5)
That the City Manager and City Clerk are hereby
44 authorized and directed to do any other things incident and
45 necessary in the lawful conclusion of this matter.
46
6)
That the City Treasurer is hereby authorized and
47 directed to pay over to the Treasurer of Virginia from time to
48 time such sums as are to be paid by the City and its employees
49 for this purpose.
50
Adopted by the Council of the City of Virginia Beach,
51
Virginia, on the 7th
day of November
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~eRC^~
Finance Depa tment
, Jamu E K.~U6. .
Ci ty Attorney's Off' e -
CA10181
V:\applications\citylawprod\cycom32\Wpdocs\D010\P001\O0021669.DOC
R-2
October 13, 2006
SPECIAL BENEFITS FOR
LAW ENFORCEMENT OFFICERS AND
FIREFIGHTERS
Political subdivisions participating in the Virginia Retirement System may elect to provide
benefits equivalent to those of the State Police Officers Retirement System for those of the
subdivision's employees who are employed in law enforcement positions comparably hazardous
to that of a State Police Officer. This includes any sworn law enforcement officer who has the
duty and obligation to enforce the penal, traffic, and highway laws of this State as directed by his
superior officer, if so certified by his appointing authority. Full-time salaried firefighters are also
eligible to be covered under the special benefits at the option of the political subdivision.
The primary differences between the "special" benefits and the regular VRS benefits are:
1. The normal retirement age under the special provisions is 60 rather than 65. Early
retirement is permitted at any time between ages 50 and 60 as long as the employee has at
least five years ofVRS service credit.
2. For retirement between age 50 and 60, the actuarial reduction for early retirement is
computed from the earlier of (i) age 60, or (ii) the first date on or after his fiftieth birthday
on which the member would have completed 25 years of creditable service. No reduction
is applied if the member has 25 years of credit.
3. From date of retirement until the later of age 65 or the age a member is eligible for
unreduced social security benefits, an additional $892 per month is payable as a
supplement. To be eligible for the supplemen4 the member must have been employed on
or after July I, 1974, and have 20 or more years of credited service rendered in a
hazardous position. If employed before July I, 1974, the additional allowance is payable
regardless of the years of credited service rendered in a hazardous position.
4. The vested termination benefit available after 5 years of service may begin at age 50 or
later; however, the additional monthly supplement is payable only if the member had 20
or more years of credited service. If employed on or after July 1, 1974, the member must
have 20 or more years in a hazardous position.
5. The additional allowance is not payable in the case of a disability retirement or to an
individual receiving a survivor benefit.
The cost to each individual member is not affected if the special benefits are made available.
However, the cost to the employer will increase. The amount of such increase is included in a
revised employer contribution rate applicable to the total compensation of all covered employees,
not just to those eligible for the special benefits.
The new rate is determined by calculations made by the VRS' actuaries) Palmer & Cay. In order
for the new employer rate to be determined, this office should be sent the estimated effective
coverage date (this must be the first of a month) and an alphabetical list, in an electronic file, of
all employees who would be eligible for the special benefits, showing the Social Security number
for each person) date of birth, date of hire and current annual salary.
The cost of the actuarial study will be $1000 and will be bill directly to the employer upon
completion of the study.
After the governing body has reviewed the actuarial report, it may request the special benefits by
adoption of a resolution, a model of which is available from the VRS. The VRS will confirm
approval of coverage in writing.
Once the request is approved by VRS, all VRS members employed in the designated positions
must be included in the new benefit program..
Please direct questions concerning these special benefit provisions to:
Susan M. Keith
Employer Representative Program. Manager
Virginia Retirement System
P. O. Box 2500
Richmond, Virginia 23218-2500
Telephone: (804) 344-3156
(Revised: 8/2005)
- 31 -
Item v'I.4.
RESOLUTIONS/ORDINANCES
ITEM #55769
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to APPOINT Elizabeth S. Chupik as Assistant City
Attorney effective November 16, 2006.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7,2006
1 A RESOLUTION APPOINTING ELIZABETH S.
2 CHUPIK TO THE POSITION OF ASSISTANT
3 CITY ATTORNEY
4
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That pursuant to ~ 2-166 of the City Code, Elizabeth S.
8 Chupik is hereby appointed to the position of Assistant City
9 Attorney, effective November 16, 2006.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of November
, 2006.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY
Z~r-
CITY ATTORNEY'S OFFICE
CA-10201
v:\applications\citylawprod\cycom32\Wpdocs\D031\POOl\O0022836.DOC
R-1
October 31, 2006
- 32 -
Item V.I. 5.
RESOLUTIONS/ORDINANCES
ITEM #55770
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND 9 21-302 re parking trailers on City streets.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
REQUESTED BY COUNCILMEMBER MCCLANAN
1
2
3
AN ORDINANCE TO AMEND SECTION 21-
302 OF THE CITY CODE PERTAINING TO
PARKING TRAILERS ON CITY STREETS
4
SECTION AMENDED: 21-302
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 21-302 of the Code of the City of Virginia
8 Beach, Virginia, is hereby amended to read as follows:
9 Sec. 21-302. Stopping or parking on highways generally.
10
(a) Except when actually loading or unloading merchandise,
11 as permitted in this Chapter, no vehicle shall be stopped except
12 close to and parallel to the right-hand edge of the curb or
13 roadway, except that a vehicle may be stopped close to and
14 parallel to the left-hand curb or edge of the roadway on one-way
15 streets or may be parked at an angle, where permitted.
16
(b) Except when actually loading or unloading merchandise,
17 as permitted in this Chapter, no vehicle shall be stopped except
18 close to and parallel to the right-hand edge of the curb or
19 roadway, except that a vehicle may be stopped close to and
20 parallel to the left-hand curb or edge of the roadway on one-way
21 streets or may be parked at an angle, where permitted.
22
23
(c) All trailers with a gross vehicle weight of less than
24 10,000 pounds shall either be fitted with reflective tape or
25 sheeting on the rear upright side posts of the trailer in a
26 manner clearly visible to approaching traffic, or shall place a
27 reflective cone behind the rear portion of the trailer which is
28 closest to the center of the street.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 7th day of November, 2006.
- 33 -
Item V.I. 6.
RESOLUTIONS/ORDINANCES
ITEM #55771
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City property for STEPHEN G. and DEBORAH A. COREY to
construct and maintain a proposed boat lift and piles into Bass Inlet (aka
Mill Creek) at 344 Back Bay Crescent.
(DISTRICT 7 - PRINCESS ANNE)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach and in
accordance with the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant
and, within thirty (30) days after such notice is given, the temporary encroachment must
be removed from the encroachment area by the applicant and the applicant will bear all
costs and expenses of such removal.
3. The applicant shall indemnify and hold harmless the City, its agents and employees from
and against all claims, damages, losses and expenses, including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become
unsightly or a hazard.
6. The applicant must obtain a permitfrom the Office of the Planning Department prior to
commencing any construction within the encroachment area.
7. The applicant must obtain and keep in force all risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional insured or loss payee, as applicable. The applicant
agrees to carry comprehensive general liability insurance in an amount not less than Five
Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or
policies. The applicant will provide endorsements providing at least thirty (30) days'
written notice to the City prior to the cancellation or termination of, or material change
to, any of the insurance policies. The applicant assumes all responsibilities and liabilities,
vested or contingent, with relation to the temporary encroachment.
November 7, 2006
- 34-
Item V.I. 6.
RESOLUTIONS/ORDINANCES
ITEM #55771 (Continued)
8. The applicant shall submit for review and approval a survey of the area being
encroached upon, certified by a registered professional engineer or a licensed land
surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered
professional engineer, if required by the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
9. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachment and charge the cost thereof to the applicant and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachment; and, pending such removal, the City
may charge the applicant for the use of such portion of the City's right-ol-way
encroached upon the equivalent of what would be the real property tax upon the land so
occupied if it were occupied by the applicant; and if such removal shall not be made
within the time ordered herein above, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS BASS INLET (AKA MILL
7 CREEK) LOCATED ADJACENT TO
8 344 BACK BAY CRESCENT, FOR
9 PROPERTY OWNERS, STEPHEN G.
10 COREY AND DEBORAH A. COREY
11
12 WHEREAS, Stephen G. Corey and Deborah A. Corey desire to
13 construct and maintain a boat lift and piles (4) in a portion of
14 the City's property known as Bass Inlet (aka Mill Creek) located
15 adjacent to 344 Back Bay Crescent.
16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-
17 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
18 authorize temporary encroachments upon the City's property
19 subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof
23 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
24 as amended, Stephen G. Corey and Deborah A. Corey, their heirs,
25 assigns and successors in title are authorized to construct and
26 maintain temporary encroachments for a boat lift and piles (4)
27 in a portion of the City's property known as Bass Inlet (aka
28 Mill Creek) as shown on the map marked Exhibit "A" and marked:
29 "PLAN VIEW PROPOSED BOAT LIFT" and "LOCATION: 344 BACK BAY
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
CRESCENT, VIRGINIA BEACH, VA 23456 N. BACK BAyH a copy of which
is on file in the Department of Public Works and to which
reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subj ect to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach
and Stephen G. Corey and Deborah A. Corey
(the "AgreementH),
which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the
Agreement; and
BE IT FURTHER ORDAINED that this Ordinance shall not be in
effect until such time as Stephen G. Corey and Deborah A. Corey
and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of Novemher , 2006.
2
CA-10012
R-l
PREPARED: 07/24/06
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
". . " : ~
i'{' -{ ~ t
j I rV''- -3- ) U\C\
CIT ATTORNEY
Grrrmt& C. ~(n J?
~ATURE
?w Rrd €da:1"f
DEPARTMENT
X: \OID\REAL ESTATE\Encroachments\PW Ordinances\CAI0012 Corey. doc
\ \ vbgov. com\dfsl \applications\ci tylawprod\cycom32\Wpdocs \D031 \POOI \ 00018315. DOC
3
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this il. day of July, 2006, by and between the CITY OF
VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia,
Grantor, "City", and STEPHEN G. COREY and DEBORAH A. COREY, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as Lot 62, Section 3, Back Bay Meadows, as shown on that certain plat
entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY
DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA.
SCALE 1" = 1 00' ," and said plat is recorded in the Clerk's Office ofthe Circuit Court of the City of
Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and
described as 344 Back Bay Crescent, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift and
piles (4), collectively the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of City property known as Bass Inlet (aka Mill
Creek) adjacent to 344 Back Bay Crescent, "the Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
GPIN: 2433-33-0267 (BASS INLET (AKA MILL CREEK))
2433-22-8768
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use the Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown on
that certain plat entitled: "PLAN VIEW PROPOSED BOAT LIFT",
and "LOCATION: 344 BACK BAY CRESCENT, VIRGINIA
BEACH, VA, 23456 N. BACK BAY"~ dated May 12,2006, a copy of
which is attached hereto as Exhibit "A," and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from
the Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days
after the notice is given, the Temporary Encroachment must be removed from the Encroachment
Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out ofthe construction, location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encro achment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within the
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer or
a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
3
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, STEPHEN G. COREY and DEBORAH A. COREY, the
said Grantee, have caused this Agreement to be executed by their signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
~bO'1~ ~(J'
De orah A. Corey
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
STATE OF
CITYICOUNTY OF VIt2."MIA BE~CX\ , to-wit:
The foregoing instrument was acknowledged before me this 2'5~ day of
AJ~J~'f
, 2006, by Stephen G. Corey.
~-r~~
Notary Pubhc
My Commission Expires: 3;(5/oS
STATE OF
CITY/COUNTY OF \llP.~lNIA J3tAC~ , to-wit:
The foregoing instrument was acknowledged before me this1-6+' day of
AdG;j U ~T
,
, 2006, by Deborah A. Corey.
My Commission Expires: :}IIS/Dg
~=~~
Notary Pubhc
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
r\!~ >"
; \~11(A(\
SI~E C. O(tioS""- &1
rID fhJ LI1+Ci1t
DEPARTMENT
G:\USERS\SHARED\ WP80\RE\Real Estate Forms\ WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
6
;
! EXHIBIT "A"
This is to oorliftlhall. on2/) July 2005. SlJrvayad the property shown on this plat and thai tha !iUa linas WId tha ','
watI.s of.!ha bWldlngs ara as shown an this plst .
TIla buDding:; stand sitictJy within Iha titJa Dnas and !ham BI'9 no anctuachmanls of other bWldings on tha .
. IJ1DQf1rly axes. pi as sh..own.__ ~ .
. a-~-fJ:J~
Mill Creek - City of Virginia Beach
(AKA Bass Inlet)
Boat Lift
",,,
P_roposed Lift Piles (4)
. First seawart:t'piles. no~ to ex~eed 2.0' from eXisti~g dock
S 37"31'58D E
11>
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PHYSICAL SURVEY.
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",.
LOT 62 SECTION 3
BACK BA Y MEADows
M.s. 57 P. 45
V1RG1NIA BEACH, V1RGlNIA
SCALE l' = 31r 25 Jut- Y 2005
MADE FOR: SlEVE COREY & DEBBIE CORel'
Scale 40:1
8~IFANT lAND Sl1RVEYS
P.O. BOX 8385
_aoacl1.VA23<Sl;
(757J 42&3381
Adjacent Property Owners
Linda A. and Thomas Knepp
Karen Moyer
Plan View
Proposed Boat Lift
Location: 344 Back Bay Crescent
Virginia Beach VA 23456
. N. Back Bay
Nat. Geodetic Vertical Datum
Page 1 of 1
Applicant: Steve Corey
Date: May 12, 2006
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BACK BAY
LOCATION MAP
ENCROACHMENT REQUEST
FOR STEPHEN AND DEBORAH COREY
344 BACK BAY CRESCENT
GPIN 2433-22-8768
SITE
8A,CI(
8A, Y C
RE:sc
o 100 200 400
I I~~
Prepared by PW.lEng.lEng. Support Services Bureau 6/28/06
- 35 -
Item V.I. 7.
RESOLUTIONS/ORDINANCES
ITEM #55772
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $935,000 within various school projects to
fully fund the Alternative Education Facility - Phase I re increased
construction cost to replace this facility and the Comprehensive
Modernization Study Phases III and IV for replacement of Windsor
Woods Elementary.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
November 7, 2006
1 AN ORDINANCE TO TRANSFER $935,000 WITHIN
2 VARIOUS SCHOOL CIP PROJECTS TO FULLY FUND CIP
3 PROJECT #1-082, ALTERNATIVE EDUCATION FACILITY
4 PHASE I, AND CIP PROJECT # 1-098,
5 COMPREHENSIVE LONG RANGE FACILITIES PLANNING
6 STUDY
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
1.
That $685,000 is hereby transferred to CIP Project #1-
11
082, Alternative Education Facility
Phase I, to fund the
12 increased cost of construction of this replacement facility from
13 the following projects in the amounts set forth below:
14
a.
$200,000
from CIP proj ect #1-227,
Windsor Woods
15
Elementary Replacement.
16
b.
$400,000 from CIP Project #1-228, Brookwood Elementary
17
Replacement.
18
c.
$85,000 from CIP Project #1-222, pembroke Elementary
19
Modernization.
20
2 .
That $250,000 is hereby transferred to CIP Project #1-
21 098, Comprehensive Long Range Facilities Planning Study, to fully
22 fund this study from the following proj ects in the amounts set
23 forth below:
24
a.
$30,000
from
CIP
Project
#1-072,
Comprehensive
25
Modernization Study Phase III.
26
b.
$135,000
from
CIP
Project
#1-073,
Comprehensive
27
Modernization Study Phase IV.
28
c.
$85,000 from CIP Project #1-227, Windsor Woods Elementary
1
29
Replacement.
30
31
32
Adopted by the Council of the City of Virginia Beach,
7th day of November
, 2006.
Virginia, on the
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Jj W\J1~ l) _ ~^/I 1 ~
Management se~ 1
Jmu 2. K,~^
City Attorney's Offi -
CA10197
v:\applications\citylawprod\cycom32\Wpdocs\D026\P001\O0022699.DOC
R-2
October 27, 2006
2
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - Centerville
1 513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) . 717.0259 (c)
Rita Sweet Bellltto
Vice Chairmen
At.large
P.O. Box 6448
VA Beach, VA 23456
418-0960 (c)
Todd C. Davidson
At-large
2424 Savannah Ttail
VA Beach, VA 23456
427-3330 (w) . 285-9409 (c)
Emma l. "Em" Davli
Dislrict 5 . lynnhaven
1125 Michaelwaod Drive
VA Beach, VA 23452
340-8911 (h)
Patricia G. Edmonson
District 6 - Beach
401-205 Harbour Point
VA Beach, VA 23451
428-5240 (h)
Edward F. Flsslnger, Sr.
At-large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
Disltict 4 - Bayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Lyndon S. Remlas
District 7 - Princess Anne
3225 Nansemond loop
VA Beach, VA 23456
630-6102 (c)
Sandra Smlth.Jones
District 2 - Kempsville
705 Rock Creek Court
VA Beach. VA 23462
490-8167 (h)
Michael W. Stewert
District 3 - Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498-4303 (h) . 445-4637 (w)
Carolyn D. Weems
At-large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
SUPERINTENDENT
Jsm.. G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
CAPITAL IMPROVEMENT PROGRAM
TRANSFER OF FUNDS
WHEREAS, A contract was awarded in June, 2005 for the Alternative Education Facility - Phase I (School
Plant/Supply Relocation) project; and
WHEREAS, The project is currently approximately seventy percent complete; and
WHEREAS, as a result of the continued increase in steel prices over the past two years, the cost of
equipping this facility exceeds original estimates; and
WHEREAS, staff has negotiated the project scope and fee for the Comprehensive Long Range Facilities
Planning Study; and
WHEREAS, the scope of services and design fee exceed original estimates; and
WHEREAS, unencumbered funds are available in other ongoing capital projects, which are either under
budget or complete;
NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
I. That the School Board requests that City Council approve transfers as follows:
From Amount To
CIP 1-227 CIP 1-082
Windsor Woods Elementary Replacement $200,000 Alternative Education Facility - Phase 1
CIP 1-228 CIP 1-082
Brookwood Elementary Replacement 400,000 Alternative Education Facility - Phase 1
CIP 1-222 CIP 1-082
Pembroke Elementary Modernization 85,000 Alternative Education Facility - Phase I
CIP 1-072 CIP 1-098 Comprehensive Long Range
Comp Modernization Study Phase III 30,000 Facilities Planning Study
CIP 1-073 CIP 1-098 Comprehensive Long Range
Comp Modernization Study Phase IV 135,000 Facilities Planning Study
CIP 1.227 CIP 1-098 Comprehensive Long Range
Windsor Woods Elementary Replacement 85,000 Facilities Planning Study
Total $935,000
2. That a copy of this resolution be delivered prompdy to each member of City Council, the City
Manager, and the City Clerk by the Clerk of the Board.
Adopted by the School Board of the City of Virginia Beach this I P' day of October 2006
?-4- f~~
Rita Sweet Bellitto, Vice Chairman
SEA L
Attest:
~{J,~
Dianne P. Alexander, Clerk of the Board
School Administration Building . 2512 George Mason Drive . P.O. Box 6038 · Virginia Beach, VA 23456-0038
- 36 -
Item v'I.8.a/b.
RESOLUTIONS/ORDINANCES
ITEM #55773
The following registered in SUPPORT:
Nancy Lindsay, General Manager - Old Virginia Carriage Company, advised Dr. Fred Sweeney oversees
her horses on a regular basis. Because of her excellent horse management skills, Ms. Lindsay was hired
as General Manager. These horses are very well cared for and love to work. Old Virginia Carriage
Company is a Limited Liability company located on 77th Street.
Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised City Council approved a
Pilot program re horse rides on the Oceanfrontfrom March 28 through May 7, 2006. This ordinance
was amended to allow horses during the winter months only. The horse rides commence at 11: 00
A.M. to sunset. The Carriage ridesl commence at 5:00 P.M to 11:00 P.M. (only 3 days per week
November First to April Fifteenth)
Mayor Oberndorf referenced the November 7, 2006, correspondence from Sharon Quillen Adams,
Executive Director - Virginia Beach SPCA, re opposition to the introduction of this "activity" in
Virginia Beach. The correspondence contained questions which have not been asked or answered. Said
Information is hereby made a part of the record.
The following speakers registered in OPPOSITION
Heidi Parker, 1131 Antietam Court, Phone: 962-8522, husband in the Navy and she related his
experiences re the carriage horses in Boston. Their unhappiness is in their eyes. There is much
entertainment available at the Resort i.e. the bike rides and it is not necessary to have horse tours or
carriage rides.
Bob Chorush, 501 Front Street, Norfolk, Phone: 213-8727, speaking on behalf of 484 members of PETA
Jaume Rivell, ex Police Officer in New Hope, Pennsylvania. Ms. Rivell spoke concerning the harm to
horses with the carriage rides, 1802 Sheringham, Phone; 412-2114
Amy McNally, represented the Virginia Beach Society for the Prevention of Cruelty to Animals (SPCA),
1557 Back Bay Landing, Phone; 644-5577.
Debbie Chissell, 925 Shadow Tree Way, Phone: 943-7430, did not want her 7-year old daughter in
danger because of the horses
Debra Edward, 3836 Croonenbergh Way, Phone: 463-9131, stated animals should not perform for
tourists.
A MOTION was made by Councilman Uhrin, seconded by Vice Mayor Jones to ADOPT:
Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC
from November 15, 2006 to April 15, 2007 re:
Guided horse tours on the sand beach between Rudee Inlet and
42nd Street
Horse-drawn carriage rides on the Boardwalk
November 7, 2006
- 37 -
Item v'I.8.a/b.
RESOLUTIONS/ORDINANCES
ITEM #55773
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Reba S. McClanan
and Mayor Meyera E. Oberndorf*
Council Members Absent:
William R. "Bill" DeSteph
*Verbal Nay
November 7, 2006
- 38 -
Item V-J.l.
APPOINTMENTS
ITEM # 55774
BY CONSENSUS, City Council RESCHEDULED:
BOARD OF BUILDING CODE APPEALS - New Construction (Alternate)
EMPLOYEE BENEFITS TASK FORCE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
RESORT ADVISORY COMMISSION
WETLANDS BOARD
November 7, 2006
- 39 -
Item V-AI.
ADJOURNMENT
ITEM # 55775
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:50 P.AI.
~_(lZ!i~~_____
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~6c--
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned at
7:25 P.M.
November 7, 2006
- 40-
OPEN DIALOGUE
Non Agenda Items
John Wilson, 444 Goodspeed Road, Phone: (cell) 472-9566, President - North Virginia Beach Civic
League, implored the City Council to fully fund the 6Ft Street Pump Station Capital Improvement
Program (a letter from Mr. Wilson is hereby made a part of the record)
Leona Schuler, 2448 Rose Hall Drive, Phone: 481-5371, President of Trantwood Lake Corporation.
Mrs. Schuler distributed a document entitled, "Lake Trant Questions and Areas of Concern" which is
hereby made a part of the record.
Art Lane, 1229 Whispering Water's Way, Phone: 481-3122, requested Lake Trant be restored to the
condition prior to dredging
Joshua D. Boedke, 5837 Trowbridge Court, Phone: 479-2126, resident of Tarleton Oaks and member of
the Board of Directors - Tarleton Oaks Condominium Association. The Compost facility is a health
and environmental risk and needs to be shut down.
November 7, 2006