FEBRUARY 5, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
CITY COUNCIL AGENDA
FEBRUARY 5, 1991
ITEM 1. COMFREHENSIVE PLAN VCRKSHOP - Council Chamber 9:00 AM
ITEM 11. COUNCIL CONFERENCE SESSION 12: NOON
A. CITY COUNCIL CONCERNS
ITEM Ill. L U N C H 1:00 PM
ITEM IV. INFOR14AL SESSION 1:30 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Charnber 2:00 PM
A. CALL TO CRDEFT - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Dwight Schroder
St. John The Apostle Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFCRMAL & FCRMAL SESSIONS - January 22, 1991
G. COUNCIL COMMITTEE REPORT
1 1986 BOND REFERENDA
William A. Schlimgen, Chairman
H. CITY MANAGEFt'S PRESENTATION
1. STADIUM PROPOSAL
W. Andrew Burke, Director, Economic Development
Citizen Comments Welcomed
1. RESOLUTION/CRDINANCES
1. Resolution approving the modification of Industrial Development
Revenue Refunding Bond, Series 1986, for Triton Towers Associates:
$1,625,000.
2. Ordinance authorizing and directing the City Manager to execute a
Supplemental Agreernent with Southampton County for an emergency
well and Deed of Easement re installation of a slngle water
transmission line.
3. Ordinance authorizing the City Manager to execute a lease agreement
with Contel Cellular Telephone re replacement ot an antenna tower
at 1925 Landstown Road.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course of business by City Councl I and wil I be enacted by
one motion In the form Ilsted. It an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution reterring to the Planning Commission proposed amendments
to Sections 234 and 501 of the City Zoning Ordinance re signs for
home occupations and accessory activities operated for profit in
residential dwelling units.
2. Resolution authorizing the City Manager to competitively
negotiatiate a contract for insurance agent/broker services and
ut I I i ze those serv ices re placement of the City's insurance and
other related services.
3. Ordinance to authorize the City Manager to enter Into a cost
participation agreement ($1,377 City's share) with Mary L. Hunt,
Hunt Club Condominiums, re construction ot certaln water facilities
(Kemp sv I I I e Boro ug h) .
4. Ordinance to 7RANSFER $50,000 from Project 2-712 Dredging Eastern
Branch Lynnhaven River to Project 2-109 Western Branch Lynnhaven
River Dredging Study tor an engineering contract and allow for a
contingency.
5. ordinance to -RANSFER $221,000 from the FY 1990-91 General Fund
Reserves for Contingencie5 tO the Department of ilrionile Probation
re additional costs of court-ordered juvenile placement5.
6. LC)W B I D:
ASPHALT ROADS & 1990-91 Bituminous Concrete $846,036.00
MATERIALS CO- INC. Maintenance Schedule
Contract Ill
K. UWINISHED BUSINESS
L. NEW BUSINESS
M. ADJOUR104ENT
1/31/91 gs
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Item V-F.I.
MINUTES ITEM # 34078
Upon motion by Vice Mayor Fentress, seconded bv Councilman Clyburn, CitY
Council APPROVED the Minutes of the INFORMAL AND F6RMAL SESSIONS of February
5, 1991, as AMENDED.
Councilman Baum was OUT OF TOWN but not ON CITY
BUSINESS.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum
Council Members Absent:
None
Councilman Baum ABSTAINED, as he was not in attendance during the City Council
Session of February 5, 1991.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgltila Beacli, Virginia
February 5, 1991
Mayor Meyera Oberndorf called to order the COMPREHENSIVE PIAN WORKSHOP of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Tuesday, February 5, 1991, at 9:00 A.M-
Council Members Present:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Harold Heischober, Louis R. Jones, Mayor Meyera E.
oberndorf and Nancy K. Parker
Council Members Absent:
John A. Baum (OUT OF TOWN ON CITY BUSINESS)
James W. Brazier, Jr. (ENTERED: 9:13 A.M.)
Paul J. Lanteigne (ENTERED: 9:10 A.M.)
Reba S. McClanan (ENTERED: 9:10 A.M.)
William D. Sessoms, Jr. (ENTERED: 10:35 A.M.)
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C 0 M P R E H E N S I V E P L A N W 0 R K S H 0 P
9:00 A.M.
ITEM # 34025
Rbbert J. Scott, Director of Planning, advised the Planning Commission
recommended the DRAFT version of the COMPREHENSIVE PLAN on December 12, 1990.
According to State Law, the City Council must within 90 (ninety) days, APPROVE,
AMEND or REFER the PLAN BACK TO THE PLANNING COMMISSION FIOR FURTHER REVIEW
SPECIFYING CERTAIN TOPICS. The Planning Commission suggested final
consideration of these options be SCHEDULED for the City Council Sessions of
February 26, 1991.
Concern was expressed regarding Conditional Zoning, as the proffers still did
not include the requirement for submittal of a site plan. Mr. Scott referenced
the Ordinance to Amend and Reordain Article 1, Section 107(H) of the City
Zoning Ordinance pertaining to Conditional Zoning. This Ordinance will take
advantage of all the authority the State grants localities which basically
allows three more authorities: (1) Authority to accept dedication of land. (2)
Authority to require or accept the offer of off-site improvements (3) Authority
to accept cash. State Law requires these funds must be expended on identified
projects in the CIP within a reasonable period of time, or it must be refunded.
At the time of rezoning, the City Council could establish an understanding of
the meaning of a "reasonable period of time". These are all subject to a number
of very limiting restrictions. There must be shown a rational connection
between what is being generated and the condition itself. With a Conditional
Zoning application, the applicant is able to proffer certain items voluntarily.
The possibility exists of a bad Conditional Zoning application, which does not
sufficiently offer adequate proffers. A detailed review of the proffers is
conducted by the Planning Staff. The Planning Staff should advise and recommend
expectations relative filing of a Conditional Zoning Application. The Planning
Staff cannot require the applicant to submit certain proffers, but can indicate
the implications if the applicant does not offer certain proffers.
Members of City Council inquired relative the possible extension of the
transitional zone to West Neck Creek. Mr. Scott displayed the map indicating
the "red" cross hatched transitional zone proposed by the Planning Staff. Mr.
Scott identified parcels of property in downzoning decisions: VLIA and the TCM
Associates Properties. Mr. Scott also identified the locations of the three
applications for rezoning which have been DEFERRED until ADOPTION of the
Comprehensive Plan. It is necessary to relate to the five Planning related
tracts of land during discussion of the transitional zone. Mr. Scott advised a
great deal of the transitional zone recommended by the Planning Commission is
not developable as there is a tremendous amount of environmentally sensitive
land. Other large pieces of land are already developed ana need to be
subtracted from the acreage of that area, i.e, the Municipal Center and
Princess Anne Park. Other than those parcels, it is almost a tract-by-tract
determination whether this land is developable. City Council requested an
approximation of the developable land for the transitional zone and the
suggested extended transitional zone.
Mr. Scott displayed the map depicting the area downzoned by City Council. The
majority of this property is on the other side of West Neck Creek and would not
be included in the extended transitional zone.
It is the Planning Commission's belief that a large development should be
accompanied by a traffic impact study identifying for the Planning Commission,
the City Council and the Staff impacts created. Roadways should not just be
examined by average daily traffic. Traffic during "peak hours" should be
reflected. The Staff needs to heighten the awareness of other valuable
indicators related to roadways. The standard against which these traffic
volumes are measured needs to be broadened. The traffic capacity should be
reflected to City Council in a more improved manner to enable City Council to
better understand the implications.
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C 0 M P R E H E N S I V E P L A N W 0 R K S H 0 P
ITEM # 34025 (Continued)
Mr. Scott referenced the Environmental section of the COMPREHENSIVE PLAN. With
relation to this portion of the PLAN, the City is being told what to do as
opposed to deciding on their own. Major initiatives which have been mandated
are the Chesapeake Bay Preservation Act and problems with non-tidal wetlands.
The Chesapeake Bay Preservation Act does require, after adoption of the
COMPREHENSIVE PLAN, a revision by November 1991, to accommodate other matters
established in the Act. This entails identification of shoreline erosion
problems, conflicts between existing and proposed land uses and water quality
protection and protection of ground water supplies. The City Council requested
the City Staff study the Southern Watersheds Management issues and prepare
regulations as appropriate. This would entail additional revision of the
COMPREHENSIVE PLAN. The Back Bay National Wildlife Refuge is proposed by the
Federal government to be expanded to include significant additional acreage.
The U.S. Army Corps of Engineers has jurisdiction over certain non-tidal
wetlands in the area and this represents further environmental constraints to
development. Areas denoted in the COMPREHENSIVE PLAN as environmental
conservation areas are basically interpreted as having hydric soils. There is
an environmental overlay depicted in the PLAN which identifies areas as
wetlands by the National Wetlands Tnventory. This indication serves to alert a
property owner. The location of floodplains throughout the City are also
identified.
Mr. Scott mentioned the issue of golf courses in the Southern part of the City.
The Planning Commission believed golf courses were positive additions to the
City. Golf courses would probably be affected by the Southern Watershed
Mangement approach. When discussing private involvement in the construction of
golf courses, the land issues which accompany this should not be separated.
Relative Transportation, an emphasis should be placed on mass transportation.
City Council should be more aware of developments in Chesapeake and the area of
Knotts Island as it relates to the growth of Virginia Beach. Some of the
planning decisions are not only related to developments in Virginia Beach but
activities of the neighboring cities. City Council requested additional
information.
Relative the Southern area of the City, Mr. Scott advised in May 1990, the City
Council ADOPTED the 20-acre overlay which basically allowed development to
occur only on 20-acre lots. This was a temporary measure. The Planning
Commission has proposed an Ordinance to Amend and Reordain Article 4 of the
City Zoning Ordinance pertaining to the Agricultural Districts. This will
repeal the Agricultural Lands Area Overlay District and create the Rural
Preservation Overlay District in an effort to protect and preserve agricultural
lands and activities in the rural areas of the City in harmony with reasonable
levels of rural and residential development as well as be in keeping with the
special rural character, environmental protection needs, and limited rural
infrastructure available. The Ordinance will allow the property owner to plat
the same number of lots on his property, as he could have done by right prior
to the 20-acre overlay being effective. However, this would be developed by
Conditional Use Permit and the opportunity provided only after City Council
review. The total number of residential lots created from any tract shall not
exceed two in any twelve month period. The principle of frontage being more
important than acreage is still retained. Reference was made to Page II-A-22,
the Objective: "Attain a buffer area no less than 50 feet in width as measured
from any existing rural arterial or collector roadway. Provide safe and
effective neighborhood access in all phases of development". Councilman Baum
has been in favor of increasing this 50 feet to 150 feet. Mr. Scott advised the
front yard set back was increased from 50 feet to 150 feet; however, City
Council rescinded this action when more problems were created than solved by
this increase. The drainage plan will be consistent with the entire developed
area. The language contained in the ordinance does need to be improved from a
legal point of view.
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C 0 M P RE HENS I V E P LAN W OR K S HOP
ITEM # 34025 (Continued)
Assistant City Attorney Gary Fentress advised roll-back taxes are triggered
when property is rezoned at a higher Intensity at the request of the owner or
when the use of property changes from a qualifying use to a non-qualifying use.
With the Rural Preservation Overlay Dlstrict proposal, a rezoning is not
contemplated to be necessary to permit development. The rol [-back tax w! I I be
triggered only when the use of the property is changed. The City would be
levying this on a lot-by-lot basis as the two lots develop each year, the
rol [-back would be levied on that portion of the property.
City Council referenced Page 1-10 "All on-site roadways needed for adequate
traffic flow should be the responsibility of the developer, as opposed to the
City, and all oft-slte roads made Inadequate by the project and which will not
be made adequate by projects in the ten-year Capital Improvement Prograrn
should be remedied by the developer and not the City". City Counci I Inquired
how does this wording affect the abi lity of the City Counci I to require a
proffer of funding to pay for a portlon of thi s roadway. Mr. Scott advi sed I f
the road Is going to be stressed by virtue of the project above the level of
stress remedied by the CIP then the remedying of this additional stress is the
responsibility ot the applicant. Mr. Scott advised the purpose of this language
i5 tO protect the City against rezoning proposals that go above and beyond the
scope anticipated by the compilation ot the Capital Improvement Program and to
project a clear message. if any adjustment to any roadway is needed by virtue
of the applicant's proposal, the applicantand not the Citywill be responsible
for this adjustment.
If the City Council does decide to accept a proffer from a developer, this
proffer will be, as the law requires, of the size in proportion to the need
being generated. Presumably, if a system Is set up to deal with pro rata shares
then everyone contribute5 their pro rata share. There are more constraints on
land use In the northern part than in the southern portion ot the City.
BY CONSENSUS, City Council shall SCHEDULE an additional C014PREHENSIVE PLAN
WCRKSHOP for February 12, 1991, at 9-.00 A.M. in the City Council Chamber. This
W(RKSHOP will enable discussion of the Ordinances related to the COMPREHENSIVE
PLAN and discussion of various amendments to the proposed PLAN.
Council Members wished discussion entalling the urban activity center area at
Pembroke, a tract ot land on Haygood Road and further concerns related to the
fifty-foot buffer area from an existing roadway. Various alternatives relative
the transitional area Identified by the Planning Commission and the extension
of this transltlonal area will be presented. Other items related to the various
boroughs wi I Ibe discussed with Mr. Scott and brought forward during the
WCRKSHOP.
BY CONSENSUS, a PUBLIC HEARING of the C004PREHENSIVE PLAN shal I be SCHEDULED for
the City Council Session of February 26, 1991 at 6:00 P.M.
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ITEM # 34026
Mayor Meyera E. Oberndorf CONVENED the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, February 5, 1991, at 12:00 NOON.
Council Members Present:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
John A. Baum
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C ON C E R N S OF T HE MAYOR
ITEM # 34027
Mayor Oberndorf distributed a report of LABORFEST 1990 prepared by the Labor
Day Community Coordination Committee Co-Chairs Harrison Wilson and Andrew Fine,
and a document identifying policy issues for LABOR DAY 1991 compiled by the
Mayor, the City Manager and C. Oral Lambert. This document also identified and
inventoried possible leadership resources in the form of groups and
individuals. Said documents are hereby made a part of the record. Discussion
relative LABOR DAY 1991 will be SCHEDULED of the City Council Sessions of
February 12, 1991, after review of the report by City Council.
Councilman Lanteigne inquired whether this documentation included his requested
list of the various organizations on the Oceanfront, funds provided them by the
City and duplication of efforts. The City Manager advised the City Staff has
reports available and will schedule a meeting with Councilman Lanteigne.
ITEM # 34028
Mayor Oberndorf referenced her meeting on January 30, 1991, in Richmond with
the counties along the Urban Crescent, i.e. Fairfax, Alexandria, Richmond.
Presentations were made by localities who are projecting that the next three
years for a municipality is going to be a financial "nightmare". No significant
change for the municipalities is foreseen within the next three years.
ITEM # 34029
Mayor Oberndorf advised her compilation in booklet form of all the letters
received from OPERATION HOMEFRONT. This booklet was distributed to City Council
for their perusal. Mayor Oberndorf referenced concerns from Brach's Candy who
advised of their endeavors in support of OPERATION DESERT STORM. Mayor
Oberndorf advised Brach's Candy that approximately 7 tons of M & M's went to
the DESERT in the name of the citizens of the City of Virginia Beach, but is
looking forward to the continuance of OPERATION HOMEFRONT, if Brach's would
like to participate, the City would be more than happy for their cooperation.
ITEM # 34030
Mayor Oberndorf expressed appreciation to the City Manager, Parks and
Recreation and the Police Department for the "Living Flag" at Mount Trashmore
on Saturday, February 2, 1991. The City participated with "Tommy and the Bull",
Radio Station WNOR. This program was broadcast to the troops in DESERT STORM
and nationally on CNN. On Sunday, February 3, 1991, in Portsmouth, Mayor
Oberndorf had the opportunity to meet Ambassador W. Nathaniel Howell, Jr.,
former Ambassador to Kuwait, during a reception in his honor. Ambassador Howell
complimented the City on this beautiful "Living Flag".
ITEM # 34031
Mayor Oberndorf advised of a visit by Jerry Figuerea, General Manager - the
Yellow Ribbon Foundation. Mr. Figuerea wished to create a permanent foundation
funded from donations by the public and individual sources to engage in an
ongoing effort to support the troops of DESERT STORM. Mr. Figuerea would like
to tie 38,000 "yellow ribbons" on the trees along Virginia Beach Boulevard and
have constant displays and demonstrations in support of the troops. Mr.
Figuerea suggested a demonstration on March Second. Mr. Figuerea has requested
a Resolution be adopted by the City Council in support of these activities.
Mayor Oberndorf also referenced the request of Stan Belson, who organized the
City's Christmas Parade at the Resort area. Mr. Belson would also like to
organize a demonstration of support on March Second. City Council, by
consensus, advised the Mayor they felt it improper to participate in either of
these "private" endeavors as they could not participate in every request.
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C ON C E R N S OF T HE MAYOR
ITEM # 34032
Mayor Oberndorf referenced the PROCLAMATION Proclaiming February 5, 1991, as
FLAG DAY. This Proclamation wlll be presented during the Formal Session of City
Council and urges all citizens to continue tomake each day their own Flag Day
by displaying the Flag dally to honor the Armed Forces until their return. This
Proclamation was the request of American Legion Post 113.
ITEM # 34033
Mayor Oberndorf also referenced the PROCLAMATION Proclaiming February 1991 as
OPERATION HOME PLATEMONTH. This Proclamation wlll also be presented during the
Formal Session of City Council. Operation Home Plate is a Big Brother/Big
Sister relationship with military families who are lett without one parent to
guide the family. Operation Home Plate will enable a Big Brother or Sister to
adopt a chi Id for the basebal I season and transport the chi Id to and from
practlces and games and act as their sideline support.
ITEM # 34034
Mayor Oberndorf referenced the death on January 31, 1991 of El len Perry, wi fe
of former Counci I Member John L. Perry. Mrs. Perry was a gentle and wel I
educated lady. Mayor Oberndorf, her husband - Roger, the City Clerk, Ruth
Hodges Smith, with her husband - Leon, and Beverly Hooks, Chief Deputy City
Clerk, attended the Memorial Service, Monday, February 4, 1991.
ITEM # 34035
In response to Counci lman Brazier's Inquiry, Mayor Oberndorf advi sed the City
Counci I RETREAT shal I be held February 9, 1991, in the City Counci I Conference
Room in the City Hal I Bul lding from 8:30 A.M. to 4-.30 P.M. The Goals suggested
by Counci I Members and the Goals and Objectives of the Administrative Staff
will be reviewed by the City Manager and Patricia Phillips and distributed with
an Agenda to Members of Clty Counci 1. The City Counci I wi I I address the major
policy areas. Councilman Heischober suggested Julian Hirst as a facilitator. BY
CONSENSUS, Mayor Oberndorf will extend an invitation to Mr. Hirst to
partici pate. If Mr. Hir5t iS unable to attend, the City Manager wi I I attempt to
arrange for an outsi de faci I ltator to parti ci pate grati s.
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C IT Y C 0 UN C I L C ON C E R N S
ITEM # 34036
Councllman Sessoms referenced problems with the location of sawer pmp stations
In neighborhoods. Engineers who perform outside work for the City have advised
the partlcular sewer pmp station will be placed underground saving the City
considerable funds In construction of the bui Iding. The City Manager will
advise.
ITEM # 34037
Councilman Brazier distributed the following proposed Ordinances: Ordinance
designating the City Council Appointees to file a Disclosure Statement of their
personal Interests and other lntormation specified on the form set forth ]n
Section 2.1-639.15 of the Code of Virginia and an Ordinance to Amend the City's
FY 1990-91 Budget Ordinance to require Council approval tor the expenditure of
City Funds in excess ot Ten Thousand Dollars for Festivals, Parades and Related
events. Councilman Brazier requested this items be SCHEDULED for the City
Council Session of February 12, 1991.
ITEM # 34038
Councilman Jones expressed concern relative newspaper articles related to the
School Board moving forward with what might appear to be a Budget the City is
unable to afford. Councilman Jones suggested preliminary discussions be
conducted. The City Manager has had continued dialogue wlth the Superintendent
of Schools; however, the levels of funding discussed by the Press will create
difficult issues for the City Council. The City Attorney advised the City
Council cannot be Involved In line Item cuts. The City Council must fund the
School Board at a level to fulfill their minimln standards of quality. The
School Budget can be cut by categories. Mayor Oberndorf will extend an
invitation to the School Board Chairman and Vice Chairman to accompany the
Superintendent of Schools to discuss these issue with City Council. The City
Manager will advise Councilman Brazier relative the percentage of the School
Board Budget related to non-mandated Items. Councilwoman Parker suggested
reviewing the Capital improvernent Prograin to determine, It certain projects
could be held.
Councilman Clyburn advised approximately 89% of the School Budget entai Is
salaries. If the School Board Is to make an appreciable cut in their Budget, it
will probably involve salaries. In the last eight or nine years, the School
Board has enjoyed generous raises as high as 10%. The issue might not be
whether or not the same rate of pay remain5, but whether one still retains his
job.
ITEM # 34039
Councilman Clyburn referenced concerns from constituents relative Improper
storing of Recreation Vehicles.
ITEM # 34040
Councilman Clyburn also expressed concerns relative home occupatlons. These
businesses should have to purchase licenses to provide revenue to the City.
The City Manager will prepare Information for City Council.
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C I T Y C 0 UN C I L C ON C E R N S
ITEM # 34041
Councilwoman Parker again referenced House Bill 1149, pertaining to a change in
the wording on "hardship" for Yariances. House Bill 1149 was Introduced by
Patron Watkins. The City Manager advised this Bill was stricken.
ITEM # 34042
Councilman Heischober referenced the presenceof the United States and Virginia
State Flags In the Council Chamber. Councilman Heischober suggested a Desert
Storm Flag might also be displayed.
ITEM # 34043
The City Manager distributed copies of the map indicating CAPITAL IMPROVEMENT
PLAN ROADWAY PROJECTS with relation to the COMPREHENSIVE PLAN.
ITEM # 34044
As per the inquiry ot Councilwoman Parker, the City Assessor advised the report
on real estate will be presented during the City Council Session of February
26, 1991.
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ITEM # 34045
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf In the Conference Room, City Hal I Bul Iding, on
Tuesday, February 5, 1991, at 1:10 P-M-
Council Members Present-.
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Counci I Members Absent:
John A. Baum
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 5, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
February 5, 1991, at 2:00 P.M.
Council Members Present:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
John A. Baum (OUT OF TOWN ON CITY BUSINESS)
INVOCATION: Father Dwight Schroder
St. John the Apostle Catholic Church
CITY COUNCIL PAUSED FOR A MONM OF SILENCE FOR ELLEN PERRY WHO DIED ON JANUARY
31, 1991 (WIFE OF FORMER COUNCIL MEMBER JOHN L. PERRY -- BAYSIDE BOROUGH,
JULY 1, 1986 - JUNE 30, 1990)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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Item V-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34046
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
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item V-F. 1.
MINUTES ITEM # 34047
Upon motion by vice Mayor Fentress, seconded by Counci Iman Sessoms I City
Council APPROVED the Minutes of the INFCRMAL AND FCRMAL SESSIONS of January 22,
1991.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I II am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Mornbers Absent:
John A. BaLn
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Item V-G.l.
PRESENTATIONS
ITEM # 34048
Mayor oberndorf PROCLAIMED the Month of February 1991:
0 P E R A T I 0 N H 0 M E P L A T E
OperatIon Horne Plate Is a Big Brother/Big S]ster re l ationshi p wi th mIIit ary
f am IIies who are left without one parent to gu! de the f am l ly. Operation Home
Plate will enab] e a Big Brother or Si ster to adopt a chi I d tor the BasebaII
season and transport the child to and from practices and games and act as their
sideline support.
On January 28, 1991, a Candlelight Ceremony at the Azalea Little League Park
was held to show support for the military families and their children in the
Tldewater area. A tree of Hope was planted which was decorated with yellow
ribbons by the children for the POW's and MIA's from OPERATION DESERT STORM and
to announce the new program named OPERATION HOME PLATE.
William (Bi 11) C. Rainey, Executive Vice president - Azalea Little League,
ACCEPTED the PROCLAMATION.
: On Januarg 28, 1991, Azalea (:Ibtle feague helo a Canblelight
Ceremnn;3 in show at suppurt for our militarg families anh
their children in the tibewater area;
: ithe ceremianI3 hab a two-fal6 purpiase: t!o plant a tree nf
hnpe, which was becnrateb with Bellow ribbons bl3 our
chilbren, far the POD)s anb MlAs j3f Operatitin Desert Storm,
anb to annuunce a new program nameb, "Operatinn BLime Plate";
: Operatilin Hnme Plate is a Big Brnther/Big %ister relatitiriship
with militarg tamilies who are left without iane parent tia
guide the familb;
: Operation Hrime Plat!e will enable a Big Brother nr $ister to
abapt a chilb fur the baseball season an6 transport the chil6
to ani) fri3m practicps anb games anb act as their siaeline
supporter.
NOID, OU, I Me;3era E. Obern6iarf, Magar tif the CitB tif I)irginia
Beach, I)irginia, ba herebg PROCLAXM:
r E B R n A R 1 9 9 1
0 p E R A t x 0 n R 0 IR f p f; A 9 f
IR 0 N 9 R
in Virginia Beach anb urge all citizens to suppvrt an6 becume invnlveb
in this wnrthb prcgram tn benefit the chilbren af nur Armed Forces.
IN N%TWJ.S OF, I have hereuntti set mi; hano and causeb the Official
%eal nf the Cit;; tif Virginia Beach to be affixed this fifth baI3 nf
Februar8, Nineteen Hunbreb anb KinetB-One.
Megera 'F. Obern6arf
Mai3nr
1 5
Item V-G.2.
PRESENTATIONS
ITEM 34049
Mayor Oberndorf PROCLAIMED February 5, 1991:
F L A G D A Y
American Legion Post 113 had requested this Proclamation to urge al I citizens
to continue to make each day their own Flag Day by displaying the Flag, large
or smal I , dai I y, to honor the Armed Forces unti I they return.
Pete Poindexter, representing American Legion Post 113, ACCEprrED the
Proclamation.
: On Januar@ 27, 1991, the members of American fegirin Post 113,
at its meeting hi7noring our law enforcemgnt anb firefighting
personnel, bid also pag tribute bu our brave men anh wmen vn
stativn in Operatinn Desert $tvrm, fighting to przserve
justice, Freehom anb Democracg, gur American WaB of life;
: Our flag, the unifging sgmbel ut our Natinn, which is so
significant tn inspire these men anb wnmen in their effrrr'es
to protect it, keeps us ever minbful af their sacrifices;
Mom, ORE, 1, Megera E. Oberndarf, M"j3r tif the titg ]3f Virginia
Beach, I)irginia, bo herebb PROCRAIM:
F f B R U A R 5 1 9 9 1
F i: A 6 D A
in I)irginia Beach an@ urge all citizens to cnntinue tcl make each baB
their tiwn Flag DaI3 bg bispla@ing aur Flag, large or small, dailg, txl
hanor our Armeb Fvrces until theb are returned bD us.
]:K lettws F, I have hereuntxt set mg hanb ar(b causeb the Official
,seal tif the Citg i3f I)Irginia Beach to be affixed this Fifth baB of
februarB, Nineteen liunbreb and Ninetg-One.
Megera E. Obernburf
Mai3or
- 16 -
Item V-G.I.
COUNCIL COMMI'FTEE REPORT ITEM # 34050
1986 BOND REFERENDA
Rae LeSesne, representing the Chairman of the Bond Refere,dum Committee -
William A. Schlimgen, reported relative the expenditures and obligations
incurred by the City through December 31, 1990, on highway and school projects
approved in the 1986 referendum, community center projects approved in the 1987
referendum, school projects approved in the 1989 referendum and the Lake Gaston
water resource project approved in the 1988 referendum.
The Ferrell Parkway, Independence Boulevard and two Lynnhaven Parkway projects
are complete. Construction on the Northampton Boulevard, General Booth
Boulevard and Indian River projects is 68%, 50% and 47% complete, respectively.
Of $40,000,000 authorized, 78.9% or $31,575,707, has bee, contract,d.
The Great Neck Facility is open to the public. The Bow Creek and Bayside
projects are 92% and 73% complete, respectively, with Bow Creek work expected
to be finalized in February 1991. The Southeast Community Center project is
awaiting resolution of wetland issues in the April-May 1991 time frame.
Construction is virtually complete on Ocean Lakes, Red Mill Farm, Tallwood and
Glenwood Elementaries. As previously noted the sites for Landstown (formerly
Green Run) Elementary and Middle School and Strawbridge (formerly London
Bridge) Elementary Schools have been acquired.
Work is virtually complete on the thirteen elementary school gymnasium
additions and negotiations have begun for acquisition of the school sites. Work
on the Bayside and Kel@ High School modernizations is 96% and 99.5% complete,
respectively. Construction of Strawbridge Elementary Schools is 25.5% complete.
Construction began December 1990 on Tallwood High school and is expected to
begin January 1991 on the Landstown Elementary and Middle School project.
The Lake Gaston Water Resource Project, because of its magnitude, has been
separated into a number of contracts for various phases of work. Bids were
received on construction contracts BI and Cla, and contracts were awarded.
However, the project has been delayed by court injunction on December 10, 1990,
requiring the City to await an approval from the Federal Energy Regulatory
Commission
All reported expenditures appear to be appropriate and in accord with voter
approved questions in the applicable bond referendums. Copies of the Bond
Referendum Committee Report are hereby made a part of the record.
- 17 -
Item V-H. I
CITY MANAGER'S PRESENTATION ITEM # 34051
The fol lowl ng regi stered but di d not speak rel ative the STADIUM FROPOSAL:
Nancy Creech, Virginia Beach Events Unlimited, Phone; 498-0215
Bill Center, Virginia Beach Events Unlimited
Kenneth Dieter, 3328 Northgate Drive, Phone: 486-6928
Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008
81 I I Menke, 4200 Lafayette Boulevard, Fredricksburg, Virginia, Phone: (703)
898-8899
Doug Murdock, 7900 Governor Ritchie Highway, Glen Burnie, Maryland, Phone:
(301) 768-4437
Hadone E. Wane, 701 Lynnhaven Parkway, Phone: 463-2755
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Richard G. Kramer, 512 Croatan Road, Phone: 425-6114
Mike LaGigila, 1405 Crystal Parkway, Phone: 422-1001
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470
Alfonso J. Strazzullo, 3120 Sand Pine Road, Phone 481-0024
Upon motion by Counci lman Heischober, seconded by Counci Iman Brazier, City
Council TABLED INDEFINITELY:
LOCATION FCR TIDES/METS STAD1114 IN VIRGINIA BEACH
Counci [man Hei schober read hi s I etter of February 4, 1 99 1, to the Mayor and
Members of Ci ty Counci I . Sal d I etter i s hereby made a part of the record.
Councilman Heischober advised there have been substantial changes in the fiscal
environment in which the City operates. These substantial changes include: (1)
the escalation of the Persian Gulf military commitment which has necessitated
substantial deployrnent of Hampton Roads military personnel with an associated
reduction in consumer buying power; (2) a deepening National and State economic
recession; and, (3) escalating budget constraints on the City government.
Councilman Heischober noted the importance of the Tides staying in Hampton
Roads and if at a future date, there is a regional proposal, a private sector
proposal or a general econorny improvement that would foster a reconsideration
of a proposal by the Tides, he hoped the City Council would consider it.
- 18 -
Item V-H. 1
CITY MANAGER'S FRESENTATION ITEM # 34051 (Continued)
STADILIM PROPOSAL
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent,.
John A. Baum
Councilman Heischober DISCLOSED pursuant to Conflict of Interests Act, Section
2.1-639.14(G), Code of Virginia, he Is a member of the Board of Directors of
Tidewater Professional Sports, Inc., the organization which holds the franchise
for the minor league club of the New York Mets, the "Tides". Gouncliman
Heischober will not realize any direct or foreseeable financial benefit or
detriment as a result of this transaction and is able to participate in the
transaction fairly, objectively and in the public Interest. Counci lman
Heischober's letter of January 14, 1991, is hereby made a part of the record.
HAROLD HEISCHOBER 4372 HOLLAND ROAD
COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 23452
(804) 499-8500
(804) 464-4910
January 14, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of
Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section
2.1-639.14(G), Code of virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Council consideration of plans to
construct a stadium and locate a minor league baseball
franchise in the City.
2. 1 am a member of the Board of Directors of Tidewater
Professional Sports, Inc., the organization which holds
the franchise for the minor league club of the New York
Mets, the "Tides".
3. I will not realize any direct or foreseeable financial
benefit or detriment as a result of this transaction.
4. Although the City Attorney has advised me that this
interest does not meet the criteria of a personal
interest in the transaction under the Conflict of
Interests Act, I wish to disclose this interest and
declare that I am able to participate in the transaction
fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- January 14, 1991
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Si5perely,
Councilmember
HH/awj
Enclosure
LESL@EL LILLEY MLINICIPAL CENTER
CITY ATTORNEI VIRGINIA BEAC. VA 23456 9004
(8N) 121 1531
FAX (80@) @6 5687
January 15, 1991
Councilmember Harold Heischober
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of interests Opinion
Dear Councilmember Heischober:
I am writing in response to your request for an opinion
regarding your ability to participate in the Council consideration
of plans to construct a stadium and locate a minor league baseball
franchise in the City.
S@ry/Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in the transaction
of the Virginia Beach City Council concerning the consideration of
involvement with the New York Mets and Tidewater Professional
Sports, Inc. and the discussion of plans to construct a stadium and
locate a minor league baseball franchise in the City. Thus, you
are permitted to participate in this matter without restriction.
For your information, I have outlined the disclosure requirements
of Section 2.1-639-14(G) should you desire to disclose your
relationship and vote; I have also set forth the applicable
provisions for abstention set forth in Section 2.1-639.14(E),
should you choose not to vote.
I base the aforesaid conclusions on the following facts which
you have presented. Please review and verify the accuracy of the
facts as set forth as you may only rely upon this opinion if they
are correct and complete.
Councilmember Harold Heischober-2- January 15, 1991
Facts Presented:
Your request for an advisory opinion is generated by the
Council's consideration of an undertaking involving the New York
Mets and Tidewater Professional Sports, Inc. in constructing a
stadium and locating a minor league baseball franchise in the City.
At this point, the proposal is for the City to provide the land for
the stadium site and sponsor construction of the stadium facility.
You have advised that your concern, and reason for requesting
this opinion, is that you are a member of the Board of Directors
of Tidewater Professional Sports, Inc., the organization which
holds the franchise for the minor league club of the New York Mets,
the "Tides". You have further advised that you own stock in
Tidewater Professional Sports, Inc. valued at less than $10,000.00,
that your ownership interest in Tidewater Professional Sports, Inc.
is less than 3%, and that your liability incurred or assumed on
behalf of Tidewater Professional Sports, Inc. is less than 3% of
the total asset value of the business.
Discussion:
I. ion 2.1-639.1.
A. City Council is a governmental agency, as it is a
legislative branch of local government as defined in SS 2.1-639.2
of the Virginia State and Local Government Conflict of Interests
Act.
B. You are an officer within the meaning of SS 2.1-639.2 of
the above-referenced Act.
C. Council consideration of an undertaking involving
Tidewater Professional Sports, Inc. in the construction of a
stadium and locating a minor league baseball franchise in Virginia
Beach is a "transaction" as defined by the Act. A transaction
includes any matters considered by any governmental agency on which
official action is taken or contemplated.
D. "Personal interest" is defined in S 2.1-639.2 as a
financial benefit or liability which accrues to an officer,
employee, or to an immediate family member. The interest exists
by reason of one of five categories specified therein as: 1)
ownership in a business if the ownership interest exceeds 3% of the
total equity of the business; (2) annual income from ownership in
real or personal property or a business in excess of $10,000.00;
Councilmember Harold Heischober-3- January 15, 1991
3) salary from the use of property or paid by a business that
exceeds $10,000.00 annually; 4) ownership of real or personal
property when the interest exceeds $10,000.00 in value, exclusive
of ownership in a business, or salary; and 5) personal liability
incurred or assumed on behalf of a business which exceeds 3% of the
asset value of the business.
E. A "personal interest in the transaction" exists when an
officer or employee or a member of his immediate family has a
personal interest in property or a business or represents any
individual or business and such property, business or represented
individual (i) is the subject of the transaction or (ii) may
realize a reasonably foreseeable direct or indirect benefit or
detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
My review of the facts indicates that you do not have a
personal interest, as defined above, because you do not have an
ownership interest in excess of 3% of the total equity of Tidewater
Professional Sports, Inc., receive annual income or salary in
excess of $10,000.00 from Tidewater Professional Sports, Inc., or
assume any liability for Tidewater Professional Sports, Inc. in
excess of 3% of the asset value of the business.'
IThree opinions of the Attorney General dealing with directors
or board members are of relevance: President of a Virginia
Community College who serves on the advisory board of directors of
a private bank and who receives $800 annually from the bank for his
services is not required to disqualify himself from transactions
involving the college because he does not have a personal interest
in the bank. COI Adv. Op. No. 46 (1984). A member of a local
board of supervisors who also serves as a nonpaid director of a
county community action agency is not required by the Act to
disqualify himself from the board's consideration of the agency's
funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a
sanitation commission member who also serves as chairman of a
county service authority and who does not receive in excess of
$10,000 from both the commission and the authority does not have
a "personal interest" in either body and, thus, need not disqualify
himself from participating in a transaction involving both bodies.
COI Adv. Op. No. 76 (1986).
Councilmember Harold Heischober-4- January 15, 1991
B. Person the Transaction
You do not have a -,personal interest", as defined
therefore, you cannot have a "personal interest in the transa above;
under the definition of the Act. ction"
III. Prohibitions and
Based on the fact that you have no personal interest in the
Council's consideration of an undertaking involving Tidewater
Professional Sports, Inc., You are not disqualified from
participating, nor are you required to disclose. if you are
concerned that your participation as to this matter may create some
appearance of impropriety 6ecause of your Position on the Board of
Tidewater Professional Sports, Inc., there are two options
available to you which may diffuse any Perception pro lems that may
arise: b
1. You may either disclose the facts as presented herein and
proceed to vote as to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a
proposed disclosure letter which complies with Section 2.1-
639.14(G) is enclosed for your convenience. You may either make
this declaration orally, which is to be recorded in the written
minutes of the City Council, or you may file a signed written
declaration with the Clerk of the City Council, who shall retain
and make this document available for Public inspection for a period
of five years from the date of recording or receipt.
If you should desire to abstain from voting, section 2.1-
639.14(E) provides that in such instances, the officer shall
forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
As a final note to any conflict of interests opinion, Section
2.1-639.18(C) provides that a written opinion the @t Attornev
made after a full disclosure of the factso,f is advisory and
admissable as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Cornmonwealth's
Attorney as the enforcing officer of the COIA, pro ides i-unit@
from any alleged violation. If you choose to seek an opinion o@
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Councilmember Harold Heischober-5- January 15, 1991
Please contact me should you desire any additional
information.
Very truly yours,
Leslie L.
City Attorne
LLL/EEF/awj
Enclosure
See.n and
s
rney
- 19 -
Item v- 1. I
RESOLUTION/CRDINANCES ITEM # 34052
Upon motion by Vice Mayor Fentr ss, s City
Council ADOPTED: 0 econded by Councilman Sessoms
Resolution approving the modificatton of Industrial
I)evelopraent Revenue Refunding Bond Series 1986,
for Triton Towers Associates: $1,625 ,000.
Voting: 9-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne ' Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
John A. Baum
Councilwoman Parker ABSTAINED as IRITON TOWERS ASSOCIATES are business clients
of her and her husband.
RESOLUTION APPROVING THE MODIFICATION
OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND SERIES 1986
TRITON TOWERS ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the request of Triton Towers
Associates, a Virginia limited partnership (the "Company") that
certain terms of the Authority's $1,625,000.00 City of Virginia
Beach Development Authority Industrial Development Revenue
Refunding Bond (Triton Towers Associates Facility) Series 1986
(the "Bond") be modified.
WHEREAS, the proceeds of the Bond were used to refund an
outstanding bond identified as the One Million Six Hundred
Twenty-Five Thousand Dollars ($1,625,000.00) City of Virginia
Beach Development Authority 1982 Industrial Development Revenue
Bond (Triton Towers Associates Facility) (the "Original Bond")
the proceeds of which were used to assist in the financing of a
39,624 square foot hotel (containing sixty-four units) and real
estate located at 23rd Street and Atlantic Avenue, Virginia
Beach, Virginia 23451 (the "Facility").
WHEREAS, after proper notice in a newspaper of general
circulation, the Authority has held a public hearing thereon on
January 15, 1991, pursuant to Section 15.1-1378.1 of the Code
of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve
the modification of the Bond in compliance with Section 147(f)
of the Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia, 1950, as amended, a copy of the Authority's
Resolution approving the modification of the Bond, subject to
terms set forth in said Resolution and to be agreed upon, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, and the Fiscal Impact Statement and the
Economic Impact Statement, have been filed with the Council;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. ilhe Council approves the modification of the Bond by
the City of Virginia Beach Development Authority for the
benefit Of Triton Towers Associates, a Virginia limited
partnership, tO the extent of and as required by Sectioh 147(f)
of the Internal Revenue Code.
2. It is understood that the issuance of any modified
bond shall not constitute a separate obligation of the
Authority, but rather that the modified bond and the Bond shall
constitute one obligation of the Authority, that the bonds
shall be physically attached to ea,h other and shall not be
separately negotiated.
3. The approvals set forth herein, as required by
Section 147(f), do not constitute an endorsement of any
modified bond or the creditworthiness Of the Company, but,
pursuant to Chapter 643, Virginia Acts Of Assembly of 1964, as
amended, any modified bond shall provide that neither the City
nor the Authority shall be obligated to pay the modified bond
or the interest thereon or any costs incident thereto e,cept
from the revenues and monies pledged therefore, and neither the
faith or credit nor the taxing power of the Commonwealth of
Virginia, the City of Virginia Beach or the Authority shall be
pledged thereto.
4. This Resolution shall take effect immediately upon
its adoption.
ADOPTED by a majority of a quorum of the Council Of the
City of Virginia Beach, Virginia on February 5_, 1991.
dnr/triton/resolution
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MODIFICATION OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BOND
SERIES 1986
1. Project Name: Triton TowerS Associates,
a Virginia limited partnership
2. Project Location: 23rd Street and Atlantic Avenue
Virginia Beach, Virginia 23451
3. Description of
Project: A high-rise resort hotel originally
containing 39,624 square feet and
sixty-four units and now improved with
additional space and units.
4. Amt. of Series 1986
Bond Issue: $1,625,000.00
5. General Partner: Triton Towers, Inc., a Virginia
corporation
Lawrence R. Siegel, President
George C. Owens, Vice President
6. Zoning Classification:
(a) Present zoning
clasSification of
the property? T-1
(b) Is rezoning proposed? Yes No
(c) If so, what zoninq
classification? N/A
dnr/triton/summary
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JANUARY 15, 1991
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: TRITON TOWERS ASSOCIATES,
a Virginia limited partnership
TYPE OF FACILITY: HIGH-RISE OCEANFRONT HOTEL
1. Amount of financing under consid,lation $1,625,000.00
2. Estimated taxable value of the facility,s
real property in the municipality $5,250,000.00
3. Estimated real property tax per year
using present tax rates $ 54,000.00
4. EStimated personal property tax per
year using present tax rates $ 16,000.00
5. Estimated merchants, capital (business
license) tax per year using present tax
rates $ 4,800.00
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 191,713.00
7. Estimated number of regular employees on
year round basis 10 - 15
55 (summer)
8. Average annual salary per employee s 11,000.00
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
City of Virginia Beach
Development Authority
dnr/triton/impactstmt
ECONOMIC IMPACT STATEMENT
1. Amount of investment $6,800,000.00
2. Amount of industrial revenue bond financing
under consideration $1,625,000.00
3. Estimated taxable value of the facility's
real property as improved in the City
of Virginia Beach $5,250,000.00
4. Estimated real property tax per year using
present tax rate $ 54,000.00
5. Estimated personal property tax $ 16,000.00
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs A possible
B. Payroll generated $NLA Av. Wage $ A
C. Number of jobs retained
D. Payroll retained 60.00 Av. Wage $11 000.00
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Legal & Professional $ 6 300.00
Supplies 41,313.00
Ecruit)ment 8,000.00
Food an 136 100.00
TOTAL $191 713.00
F. Estimated building permit fee and other municipal
fees $ A
-1-
G. Estimated construction payroll A
H. Estimated value Of construction material
to be purchased within the City of
Virginia Beach $ A
I. Estimated number of construction jobs A
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project his is a modification of
s
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
B. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes A N
0
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes @A
No
10. Location of project (attach location map) 3rd street and
11. Explanation of alternative financing that has been
reviewed for project
dnr/triton/econ.stmt
-2-
ITT,
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PROJECT LOCAT
bli. W.,ks
Va 8.3ch
Fishi.g pie
Project Name: TRITON TOWERS ASSOCIATES,
Project Address: a Virginia limited partnership
23rd Street and Atlantic Avenue
Virginia'Beach, Virginia 23451
Type of Project: High-Rise Oceanfront Hotel
- 20 -
Item V-1.2
RESOLUTION/CRDINANCES ITEM # 34053
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPITED:
Ordinance authorizing and directing the City
Manager to execute a Supplemental Agreement with
Southampton County for an emergency well and Deed
of Easement re installatlon of a single water
transmission line.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I I am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Counci I Members Absent:
John A. BaLin
1 AN ORDINANCE AUTHORIZING AND
2 DIRECTING THE CITY MANAGER AND
3 CITY CLERK TO EXECUTE BOTH A
4 SUPPLEMENTAL AGREEMENT WITH
5 SOUTHAMPTON COUNTY FOR AN
6 EMERGENCY WELL AND A DEED OF
7 EASEMENT TO SOUTHAMPTON COUNTY
8 WHEREAS, on March 25, 1981, Southampton and Virginia
9 Beach entered into an agreement (the "Agreement") to allow
10 Virginia Beach to construct a new well ("new well") that would
11 provide emergency raw water supply capacity to Virginia Beach in
12 the intended amount of approximately four (4) millon gallons per
13 day; and
14 WHEREAS, the Agreement provided that it would be
15 effective for a period of five years, and would renew itself for
16 a second five year period unless either party gave written notice
17 that it desired the Agreement not automatically renew; and
18 WHEREAS, the Agreement renewed itself for a second five
19 year period, and will expire at midnight on March 24, 1991; and
20 WHEREAS, Virginia Beach desires to extend the expiration
21 date of the Agreement as modified by the Supplemental Agreement
22 either for a period of five (5) years from date of execution of
23 the Supplemental Agreement or until the day that the Lake Gaston
24 Raw Water Supply Project ("Gaston") becomes operational; and
25 WHEREAS, on May 1, 1989, the City of Virqinia Beach
26 ("Virginia Beach") obtained from Norfolk & Western Railway (the
27 ISSRailroad") an abandoned railroad right of way (the "right of
28 way") comprising the former main line of the Virginia Railway as
29 it ran between Purdy, Virginia and Walters, Virginia; and
30 WHEREAS, fee simple title to that portion of the right
31 of way located in Southampton County was conveyed from the
32 railroad to Virginia Beach by deed recorded in the Clerk's Office
33 for the Circuit Court of Southampton County in Deed Book 326 at
34 page 827; and
35 WHEREAS, Southampton County ("Southampton") has
36 requested, during negotiations for the extension of the Agreement,
37 that Virginia Beach convey an easement to Southampton comprising
38 the southern 15 feet of the right of way for the sole purpose of
39 installing a single water transmission line which line shall be
40 owned and operated only by Southampton; and
41 WHEREAS, it has been determined by the Department of
42 Public Utilities and various consulting engineers that conveying
43 this easement will have no adverse effect on Virginia Beach's
44 ability to construct the Lake Gaston pipeline project through
45 Southampton:
46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
47 THE CITY OF VIRGINIA BEACH, VIRGINIA:
48 That the City Manager and City Clerk are hereby
49 authorized and directed to execute the Supplemental Agreement
50 attached hereto and incorporated herein by reference and are
51 further authorized and directed to execute the Deed of Easement
52 also attached hereto and incorporated herein by reference.
53 This Ordinance shall be effective from the date of its
54 adoption.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia on the Fifth day of February 1991.
57 CA- -'/O f 2
58 \ordin\noncode\shampton.pro
59 R-1
60 THIS ORDINANCE REQUIRES A THREE-
61 FOURTHS (3/4) VOTE FOR PASSAGE.
APPROV,;[
DEPARTMENT
APPROVED AS TO FORM
@ A.-@ -
(I SIGNATURE
C Ty A-.TORNEY
2
'nilS SUPPI.EMENTAL AGREEMENT inade as of the day of
1991, between SOUTfIAMlyrON COUNTY of tile Commonwealth of Virginia
("Soutliampton"), and the CI'I'Y OF VIRGINIA BEACII, a municipal corporatioii of ilie
Commonwealth of Virgiiiia ("Virgiiiia Beacli"), 1)rovides:
IIL@CYrAI,S
A. Soutliampton aiid Virginia Beacii entered into a Water Supply Agreeiiient
made as of the 25t]i day of Marcii, 1981 ((lie "Agreemeiit"), and pursliant Iliereto one water
supply well (tlie "current well") witliin S()utliaiiiptoii lias been constructed and is intended
to be capable of delivering al)proxiinately folir niillion gallons of water per day (MGD).
Virginia Beach has niade appropriate arrangeiiients with tiie City of Norfolk ("Norfolk") to
wlieel and treat water from tlie current well.
B. Virginia Beacli lias I)eeii receivitig, and expects from time to time in tlie future
to receive from Norfolk water derived from fotir water supply wells (tlie "old wells") located
on property of Norfolk within the boujidaries of SLiffolk (on I'ax Assessor's Parcels No. 16-9,
17-23 and 8-3) which wells are currently owiied I)y Norfolk. I'lie old wells are preselitly
capable of delivering approximately sixteeii MGD.
C. Virginia Beacli lias also entered iiilo agreeineiits in 1981 witil tlie City of
Suffolk aiid iii 1986 witli Isle of Wiglit Cotinly aiid pursliant tliereto, two water supply wells
liave been constructed witliin the City of Stiffolk iiiteiided to be capable of cleliveriiig
approximately eiglit MGD and two sul)ply wells liave becii consirticted in Isle orwiglit
County capable of delivering approxiiiiately eiglit MGD (tlie "Suffolk and Isle of Wiglit
wells"). Virginia Beacii lias made appropriate arraiigenients witil the City of Norfolk to
wlieel atid treat water from tliese Suffolk and Isle of Wiglit wells.
D. Recognizing ttie scarcity of water sul)l)ly iii Soutlieastern Virginia aild tile
concerns of Soutliaml)ton to asstire contiiiued iiitegrity of a satisfactory water supply to its
citizens, Virginia Beacii has agreed tliat, s() loiig as Virginia Beach lias tlie opporttinity to
receive water froiii tlie curreiit well, it will tilake a money contribution t() Souttlainpton
wliicii will make available to Sotitliaiiiptoii tlie iiieans to develop alternative sotirces of
surface water or groundwater.
E. Virginia Beach recogiiizes tliat 1)Liiiipiiig of tlie old wells, as well as tlle Stiffolk
and Isle of Wiglit wells, niay liave tlie saiiie geiieral effect oii S()utliaiiipton aiid its citizeiis
as piimpiiig of ilie current well.
F. Soutliampton lias recltiested iliat Virginia Beacli's inoney contribtition to
provide Sotitliaml)t()ii ineans to (levelop alleriiitive sotirces of water stipl)ly or grotiiidwater
I)e based upon witlidrawals of water froiii tlie old wells, ttie current well and ilie Suffolk aiid
Isle of Wiglit wells.
C, IZ F@ F@ M F@,Mr
Now, tlierefore, in consideratioii of ttie preiiiises and of tlie aiijtual covelialits,
coiiditions and undertakings set fortli I)elow, Soultiaiiii)toii aiid Virginia Beacli agree as
2
follows:
1. If tlie old wells, tlie Sufft)lk or Isle of Wiglit wells, or any of iliem are piimped
in any month during wliicli Virgiiiia Beacii or its citizens receives any water from or thrOLIgli
tlie Norfolk water system, it shall be coilcilisively presumed that pumping of the old wells,
inctLiding tlie Suffolk and Isle of Wiglit wells, ill SLICII iiiontli was TO SUPPI-Y WATER @ro
VIRGINIA BEACH.
It sliall be conclusively preSLlined iliat all water pumped (()ther than water pumped
for tlie use of Southamptoil) froiii tlie current well dtiriiig tlie terni of this Supplemental
Agreement is to SUPPLY WATER TO VIRGINIA BEACII.
2. in order to make a reasonable allowance for such admiiiistrative overllead as
Southampton may have in ttiese iiiatters, aiid, fiirtlier, iii order to iliake available t()
Soutlianipton tlie meaiis to develop alternative sotirces of surface water or grouiidwater and
otherwise to niake fair and reasoilable provisions for the safety, liealth and welfare of tlie
citizens of Southanipton, Virginia Beacli sliall, so loilg as water is slipplied to it from tlie
curretit well, tlie old wells or tlie Suffolk or Isle of Wiglit wells for five years froiii tlie date
of tliis Supplemental Agreemeiit, pay tO SOLitliai-npton on a montlily basis a coiitribution
equal to 17.5 cents per one thousand gallons of water pumped from either the current well
or the old wells or the Suffolk or Isle of Wiglit wells during the month. Provided, however,
tlie contribijtion due from Virginia Beacli iii respect to any montli sliall not exceed tlie
greater of (i) 17.5 cents per oiie tliolisaiid galloiis puiilped lilultiplied by four MGD
mtiltiplied by tlie number of days iii sucli montli, or (ii) 17.5 cents per thousaiid gallons
puniped multiplied by tlie aggregate nui)it)er of gallojis of water (expressed in tliotisands of
3
gallons) pumped from the currelit well duriiig sucit niontli. In calculating tlie amouilt due
under the preceding sentence, any water ptji-nped from tlie current well for Soutilainptoll's
use shall be disregarded. Southampton sliall not be legally restricted in any way as to tlie
manner in which it expends the contribution received liereunder.
3. If at any time during the five years following tlie date of tliis Supplemental
Agreement, Virginia Beacti pays eitlier to Suffolk or Isle of Wight a contribution rate in
excess of 17.5 cents per one iliousand galloiis of water pumped to supply Virginia Beach,
then Southampton sliall be entitied to receive compensation under tliis contract accordifig
t6 tlie same contribution rate.
If, liowever, Virginia Beacii pays botli to Suffolk and Isle of Wigilt a
contribution rate iii excess of 17.5 cents per one thousand gallons pumped, tilen
Soutliampton shall be entitled to be conipetisated at tlie liigher rate paid eittier to Suffolk
or Isle of Wight. Soutlianipton sliall iiot I)e etititled to receive conipensation equal to tlie
aggregate or total rate paid I)y Virgiiiia BEICII tO SLIffolk alid Isle of Wight.
4. Southaiilpton agrees to assist Virginia Beacli in tlie present alid future water
sliortage by allowiilg tlie current well to reiiiaiii iii its preseiii location and Soutlianiptoil
further agrees that the use of and withdrawal of water from tlie current well will be
governed by the provisions of tlie Agreenieiit as iiiodifieci I)y tliis Suppleiiientat Agreeinent.
5. Virgiiiia Beacii sliall be periiiitted access to the curreiit well tiiltil one of tile
following two dates occurs, wliichever is first:
a) Five years froin tlie date of titis Stil)plernental Agreenient; t)r
1)) Tile date oii wliicii "ke Gitstoii I)econies operational. Gaston sliall be
4
conclusively presumed to be operational oil tlie day iliat, eXCILidiilg preliminary tests, water
intended to be used to supply Virginia Beacii or Cliesapeake enters the Norfolk water
system ttirough the Lake Gaston Pipeline.
6. Any terms of tlie Agreement tliat are not expressly altered by tliis
Supplemental Agreement sliall be conclusively presumed to continue iii force and effect.
7. Virginia Beacii agrees to save Soutlianil)ton harmless from any liability
resulting from the pumping, transinissioii aiid/or introduction of tlie water pumped from tlie
current well into aiiy transmissioii system or reservoir.
8. Virginia Beach lierel)y conteiiiporaneously grants an easement for water
utilities only to Southaiilpton. Tlie easeiiieiit stiall coml)rise the soutilern 15 feet of tile
U, ke Gaston right of way runniiig tiirough SoLitliampton County. Southampton sliall only
be permitted to install in tliis easenient otic (1) water transmission line, witli related
facilities, with tliat line's iiiaxiinuni diameter iiot to exceed 24 inches. Tlie engineering plans
for the construction of Souttiamptoii's water traiismission line shall be subject to Virgiiiia
Beacli's review atid approval, wliicii al)proval sliall iiot I)e tinreasoliibly witillield.
Souiliampton agrees tliat any work perfornied within tliis easement, or tlie functioning of
the water transmission line witli related facilities witliiii this easeinent sliall not in any way
interfere witli the "- ke Gaston Pipeliiie project. Soutliampton agrees to indemnify aiid liold
liarmless Virginia Beach froiii any daniage to or ijiterference witli tlie Lake Gaston Pipeline
project, arising out of the constructioti, instillatioii, operation or inaiiiteiiance of tile water
traiismission line and related facilities iiistalle(i by SOL]ilianipton witliin tliis easeineiit. Tlie
specific terms goveriiing the easement aiid a sl)ecific property descriptioli comprising the
5
easeinent boundafies are niore particularly set foftli iii tlie Deed of Easement, a copy of
wliicii has been attaclied to tliis Stipplemental Agreenient as Exhibit A.
9. Southanipton agrees that it sliall not coiivey any portion of its interest in tlie
easement referenced in paragrapli 8 to aiiy oilier person, corporation or entity.
Southampton ftirther agrees tliat it will not permit any ottier person, corporation or entity
to install a water transmission line within tlie easement. Tlie single water transmission line
tliat can be installed in tlie easement niust remain solely and exclusively the property of
Southampton.
10. Duplicate origiiials of tliis Suppleniental Agreeinent sliall be executed ajid
recorded in the Clerk's Office of the Circuit Courts of Southampton and Virginia Beacil.
IN WITNESS W[IEREOF, Soutlianipton has caused this Supplemental Agreement
to be signed on its behalf by , its Cliairmaii of the Southampton
County Board of Supervisors and its Seal to be affixed hereto and attested by its County
Adininistrator pursuant to Ordinaiice adopted by its Board of Supervisors on
1991, and Virginia Beacli has caused this Suppleniental
Agreement to be executed oii its belialf by Aubrey V. Watts, Jr., its City Manager and its
corporate seal affixed hereto and attested by its City Clerk, pursuant to Ordinance adopted
6
CITY OF VIRGINIA BEACH
City Manager
ATrEST:
City Clerk
SOUTIIAMPTON COUNTY
Cliairinan, Board of Supervisors
Couiity Administrator
7
I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, to-wit:
1, a Notary Public iii and for tlie City and
State aforesaid, do liereby certify tliat Aul)rey V. Watts, Jr., City Maiiager, alid Rutil I lodges
Sniitli, City Clerk, for tile Cil'Y OF VIRGINIA BEACII, wliose names as sucli are sigiled
to tlie foregoing Agreenieiit, liave ackilowledged tlie sa[Tie before me in niy City aild State
aforesaid.
GIVEN under jily liaiid t[iis _ day t)f 1991.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
SOUTtIAMP'FON COUNTY, to-wit:
1, a Notary Public in and for the County and
State aforesaid, do liereby certify tliat -, Chairman, Board
of Supervisors, and County Administrator for
SOUTIIAMPTON, wtiose naiiies as such are sigiied to tlie foregoing Agreemeiit, liave
acknowledged tlie saine before me in my CoLinty and State aforesaid.
GIVEN under my liand tliis _ day of 1991.
Notary Public
My Commissioii Expires:
9
QUITCI,AIM DE, rll) OF LIASEI MREN-T
THIS DEED OF EASEMENT, made tiiis day of 1991, by aiid
betweeii tlie CITY OF VIRGINIA BEACH, a inunicipal corporation in tlie Commonwealtli of
Virginia, party of the first part and Southampton County, a county iii the Cominonwealtli of
Virginia, party of the second part.
WITNESSETH: That for and in consideration of the preniises and the benefits accrtiiiig
or to accrue to tlie party of the first part, and otlier good and valuable consideration, tlie pai-ty
of tlie first part does hereby grant, cojivey, release and quitclaiiii its respective iiiterest in and
to tlie liereinafter described perpetual riglit of way aiid easeinent, to the party of the second party
oiily, aiid not to any successors and assigils, to coilstruct, recoiistruct, alter, operate and inaintain
a single water transmission line in, under, upoii and across lands and property of tlie party of
tlie first part, more particularly described iii Exiiibit A attaclied liereto.
It is agreed between the parties liereto tliat the party of tlie second part and its agents,
assigns, and/or successors sliall liave tlie riglit to iiispect tlie said easement aiid to cut aild clean
all uiidergrowtli and other obstructioiis iii and along tlie said 15 feet water transiiiissioll line
e,asenient or adjacent thereto.
The said party of tlie first part inakes no covenant, representation or warraiity witli
respect to its title to the property described in Exhibit A.
The party of tlie second part shall only be permitted to install one water transinissioii line
witliin this easement. The party of the second part shall not liave tlie right to grant or convey
legal title to, nor perinit tlie use of tlie easeineiit by, any other entity for any purpose except the
above-referenced water transinission liiie. Sliould this cotidition be violated by the party of tlie
second party, title to the easeinent property described in Exhibit A sliall revert to tlie paity of
the first part.
The party of the @nd part shall indeinnify and hold harmless the party of the first part
from any damage to or interference witli any of tlie party of tlie second part's facilities located
in or adjacent to tlie easement property described as Exiiibit A, if the damage or interference
arises out of tlie construction, iiistallation, operation or inaintenance of the water transmission
line installed by the party of tlie second part witliin tlie easeinent property.
The foregoing conveyance is inade, however, expressly subject to any and all easenients,
c6nditions, reservations and restrictions as iiiay appear of record or as may be apparent froin aii
examination or a survey of the premises.
WITNESS tlie followiiig signatures and seal tlie day and year first above writtell.
City Manager
City Clerk
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
1, a notary public in said for the City and state
aforesaid, do hereby certify tliat whose name is signed
to the foregoing writing, bearing date tlie _ day of 199 1, have
acknowledged sanie before nie in iny city and state aforesaid.
Given under niy hand this day of 1991.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRCINIA BEACH,
The foregoing instrument was acknowledged before me in tlie City of Virginia Beacli tliis
day of 1991, by City Clerk.
My coinmission expires the _ day of 19-.
Notary Public
3
EXIILBIT-A
A strip of land 15 feet in width, and running the length of Southampton County from tlie
border line between Isle of Wiglit County and Southampton County to the border line between
Sussex County and Southampton County as more particularly set forth as follows:
Being tlie Southem 15 feet of that railroad right of way and
property comprising the former main line of The Virginia Railway
as it ran between Purdy, Virginia, and Walters, Virginia,
commencing at the county line between Sussex County and
Southampton County; tlience, running eastwardly along the former
main track (now abandoned) to the county line between
Southampton County and Isle of Wight County and being shown
as Parcel 140 on Sheets 34 of 114 through Sheet 106 of 114 on
Plats of Survey prepared by Rouse-Sirine Associates, Ltd. entitled
"Plat Showing Acquisition for Lake Gaston Water Supply Project"
dated June 1987, and being substantially as shown on Norfolk &
Westem Railway's Valuation Maps V-2/13, V-2/14, V-2/15, V-
2/16, V-2/17, V-2/18 and V-2/19, on file in the Office of Archives
of No,rfolk & Western Railway in Atlanta, Georgia, said Plats of
Survey and Valuation Maps beiiig incorporated herein by reference
and made a part of tliis deed.
IT BEING A PORTION OF THE SAME PROPERTY CONVEYED FROM NORFOLK
& Western Railway to the City of Virginia Beach by Quitclaim deed dated May 1, 1989 atid
recorded in the Office of the Circuit Court Clerk of Southaiiipton County in Deed Book 326 at
page 827.
4
- 21 -
Item V-1.3
RESOLUTION/ORDINANCES ITEM # 34054
Upon motion by oouncilwoman Parker, seconded by Counci lman Clyburn, City
Council ADOPTED:
Ordinance authorizing the Clty Manager to execute a
lease agreement with Contel Cellular Telephone re
replacement of an antenna tower at 1925 Landstown
Ro ad.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent-.
John A. Baum
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE AGREEMENT
3 FOR A REPLACEMENT ANTENNA TOWER AND
4 APPURTENANT FACILITIES AT 1925
5 LANDSTOWN ROAD PROPERTY OWNED BY THE
6 CITY OF VIRGINIA BEACH
7
8
9 WHEREAS, the City of Virginia Beach Department of Public
10 Utilities owns an existing antenna tower located at 1925 Landstown
11 Road which is property owned by the City of Virginia Beach and
12 located in the City of Virginia Beach; and
13 WHEREAS, the existing tower is overloaded and
14 structurally deficient and needs to be replaced; and
15 WHEREAS, City Council has adopted a policy which
16 encourages multiple users of an antenna tower; and
17 WHEREAS, it is deemed desirable that any replacement
18 tower constructed for the Department of Public Utilities at 1925
19 Landstown Road be available for multiple users; and
20 WHEREAS, such a multiple use would be consistent with
21 current Council policy pertaining to communication towers; and
22 WHEREAS, such use of City-owned property would
23 constitute a lease or interest in City property within the meaning
24 of Section 15.1-307 of the Code of Virginia; and
25 WHEREAS, the City Manager invited public competitive
26 bids pursuant to Section 15.1-307, et seg., of the Code of
27 virginia for the construction of an antenna tower and necessary
28 appurtenant facilities on City property, dedication of such
29 antenna tower and appurtenant facilities to the City, and
30 subsequent lease of space on such tower and the appurtenant
31 facilities from the City for a term of forty (40) years; and
32 WHEREAS, no bids were received on December 11, 1990,
33 which was the date on which bids were publicly opened; and
34 WHEREAS, no bids have been received, Contel Cellular
35 applied for a forty year lease pursuant to Section 15.1-311 of the
36 code of virginia; and
37 WHEREAS, Contel Cellular has agreed to construct the
38 aforesaid antenna tower and appurtenant facilities at its cost and
39 pay $3,600 a year as rent for its portion of the tower and to
40 perform all necessary maintenance;
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
42 CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
43 authorized and directed to execute a Lease Agreement with Contel
44 Cellular Telephone which Lease shall set forth the terms,
45 conditions and purposes referenced above.
46 This ordinance shall be effective from the date of its
47 adoption.
48
49 Adopted by the Council of the City of Virginia Beach
50 this Fifth day of ebruary 1991.
51
52
53
54 \ordin\noncode\ca3770-l.ord
55 R-3
56
A
DEP@'IRIPIFNT
APf-ROVED AS TC) FORM
TY
2
LEASE
This Lease Agreement, made this day of
199_, by and between the City of Virginia Beach, a municipal
corporati.on, herein referred to as "Landlord" and
herein referred to as "Tellant,"
W I T N E S S E T H:
WHEREAS, the City of Virginia Beach is the sole owner of the
following described real estate, to wit:
All that certain lot, piece or parcel of land identified as
being 3001 more or less northwest of Landstown Road and 2126.501
northeast of Princess Anne Road, as shown on that certain plan
entitled "LANDSTOWN COMPIJTER ROOM TOWER LOCATION, " a copy of
which is on record in the Deparcment of Public Utilities in the
Office of the litility Operations Administrator.
WHEREAS, Tenant desires to lease the aforesaid property for
the purpose of constructing and then operating an antenna tower
and appurtenant facilities on a shared basis with the Virginia
Beach Department of Public Utilities;
WHEREAS, the City Council of the City of Virginia Beach,
pursuant to Section 15.1-307, et seq. of the Code of Virginia has
awarded a lease of the above described property to Tenant for the
ptirpose of constructing and then operating an antenna tower and
appurtenant facilities on a shared basis with the Virginia Beach
Department of Public Utilities;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein the parties hereby agree as follows:
1. Description of the Premises
Landlord agrees to lease arfd Tenant agrees to rent the
aforesaid property which property is hereinafter referred to as
the "premises."
2. Term of Lease
Tenant agrees to lease the above described premises for a
period of forty (40) years commencing on the _ day of
, 199_. At the end of such forty-year period, the
lease shall be terminated.
3. Rent
For lease of the premises, Tenant agrees to pay Landlord the
initial sum of Three thoiisand six hundred dollars ($3,600.00),
to be due and payable ori the day of
1991. Thereafter, Tenant agrees to pay to Landlord on the
day of of each succeeding year arinual rental
payments adjusted for changes in the Consumer Price Index - All
Urban Consumers (CPI-U), U.S. City Average, All Items, 1982-84
= 100, as published by the II.S. Department of Labor. Such
adjustments in annual rental payments shall be calculated as
follows:
The CPI-U, as previously described, for the month of
1991 shall serve as tlie base year index. Each
annual rental payment due after the initial year of the lease
shall be determined by multiplying the initial rental amount
of Three thousand six hundred ($3,600.00) by the factor or
quotient derived by dividing the previolisly described CPI-
U for the month of of the current year by the
base year index. Iii no event, however, shall an annual
rental payment increase by more than five (5) percent from
the annual rental payment of the previous year.
4. Use of Premises
The parties expressly agree then that this Lease is executed
in order that Tenant may construct and operate an antenna tower
and appurtenant facilities upon the premises in accordance with
The Antenna Tower Specifications, and that the demised premises
shall not be put to any other use. The parties further agree
that Landlord will utilize space on such antenna tower on a
shared basis with Tenarit.
5. Assignment and Sub-Lease
This Lease may not be assigned or transferred, and the
premises may not be sublet, either in whole or in part, by Tenant
without Landlord's prior wi-itten consent.
6. Repair and Mainteiiance
Teiiant hereby agrees tliat dliring the term of this Lease, it
shall be responsible for maintenance and upkeep of the antenna
tower and appurtenant facilities and shdll keep the demised
premises in good repair.
7. Right of Entry to Repair
Landlord reserves the right for itself, its agents, employees
and assigns to enter upoii the premises at any reasonable time to
make repairs, alterations or iniprovements; provided, however,
that such repairs, alterati.ons, or improvements shall not
unreasoriably interfere witli Tenant's business operations. Such
right to enter shall also include the riglit to enter upon the
premises for the purpose of inspection.
S. Instirance
Tenaftt agrees to defend and hold harmless the Landlord, its
officers, employees and agents from any and all claims arising
out of the construction and maintenance of said antenna tower.
Tenant further agrees to maintain in full force and effect during
the entire term of this lease policies of insurance as follows:
A. Workers Compensation insurance as required by the
Commonwealth of Virginia.
B. Commercial General Liability insurance, including
products/completed operations coverage and contractual
I-iability coverage in an amount not less than $1,000,000
Combined Single Limits.
C. Automobile Liability insurance covering all vehicles
operated by the Tenant in an amount not less than
$1,000,000 CSL.
Certificates of insurance shall be provided to the Landlord prior
to beginning work under this lease and current certificates shall
be provided to the Landlord during the entire term of this lease.
Landlord reserves the right to modify the above stated
insurance requirements from time to time. Said right is required
in order to ensure insurance requirements are in compliance with
the Landlord's management policies/guidelines.
9. Damage or Destruction by Fire or Natural Causes
If during the term of this lease, the antenna tower or
appurtenant facilities on the demised premises is destroyed by
fire, natural causes, or other casualty, or so damaged thereby
that it cannot be repaired with reasonable diligence within sixty
(60) days, the Tenant shall have the option to terminate this
lease, by thirty (30) days notice or in the alternative may
construct and rebuild such tower and this lease shall remain in
full force and effect. However, if said buildings can with
reasonable diligence be repaired within sixty (60) days, said
buildings shall be repaired by Tenant as quickly as is reasonably
possible, and this lease shall remain in full force and effect.
10. Termination
It is understood and agreed that Tenant, provided Tenant
shall have well and truly paid the rent and faithfully performed
all the covenants and conditions herein contained, shall have the
privilege of cancelling this lease at the end of the year by
giving to Landlord at least ninety (90) days previous notice in
writing by registered rnail of the intention so to do, and
Lhereupon the term of this lease shall wholly cease and expire
by lapse of time, upon the date on which Tenant has elected to
caricel the lease, as fully and completely as if that date were
the date berein distinctly fixed for the expiration of the term,
and Tenant shall forthwith vacate the demised premises and
surrender the same to Landlord, the demised premises with all
buildings erected thereon and additions thereto.
It is further agreed that Landlord shall have the privilege
of cancelling this lease by giving to Tenant at least ninety (90)
days previous notice in writing by registered mail of the
intention so to do. Upon such termination by Landlord, Landlord
shall pay Tenant an amount upon which the Parties agree equal to
the fair market value of the antenna tower and appurtenant
facilities, less depreciation.
11. Indemnity
Tenant shall be liable for any injury to or death of person
or persons and for any loss of or damage to property of any kind,
whether belonging to Landlord or the public, caused by the
negligent acts or omissions of its agents, employees, or
itivitees, or caused by Tenant's failure to perform property
maintenance, repairs, and replacements required to be performed
by him under this Lease.
Tenant shall indemnify and save Landlord harmless against any
and all liabilities, claims, demands, actions, costs, and
expenses which may be sustained by Landlord by reason of any of
the causes set forth herein.
Landlord shall be liable for any injury to or death of any
persons and for any loss of or damage to property callsed by the
negligent acts or omissions of Landlord's agents, employees, or
invitees to the extent allowed by law.
12. Compliance with Applicable Laws and Regulations
Tenant agrees to strictly comply with and observe all
pertinent laws, ordinances, statutes, and regulations whatsoever,
of any governmental body or subdivision, incident to its
occupancy of the premises and his use thereof.
13. Notices
Any notice required or permitted by this Lease to be given
by either party to the other may be either personally delivered
or sent by registered mail, postage prepaid, deposited, and
properly addressed, in the U.S. Post Office, the date of such
depositing being taken as the date of giving such notice.
4
All notices required by this Lease, unless otherwise
designated in writing, shall be given to:
Tenant:
Landlord:
14. Performance and Payment Bonds
The Tenant further agrees that Tenant will, within ten (10)
days from the date of this lease, furnish and file with the
Landlord, with such sureties as the Landlord may approve, bonds
for the faithful performance of the contract and for the payment
of all persons performing labor and furnishing material in
connection with the coristruction of the antenna tower and
appurtenant facilities, each bond to be in an amount equal to the
total cost of construction. These bonds shall include the one
(1) year guarantee period following the acceptance of the work,
by Landlord. The bonds are to be made payable to the "Treasurer,
City of Virginia Beach, virginia."
15. Termination by Landlord
If Tenant shall fail to pay any rent to Landlord when such
rent is due and payable under the terms of this Lease, and such
default shall continue for a period of twenty (20) days after
written notice thereof has been given to Tenant by Landlord, or
if Tenant shall fail to perform any other duty or obligation
imposed upon him by the terms of this Lease, and such default
shall continue for a period of thirty (30) days after written
notice of such default has been given to Tenant by Landlord, or
if Tenant shall be adjudged bankrupt, or make a general
assignment for the benefit of its creditors, or if a receiver of
any property of Tenant in or upon the demised premises be
appointed in any action, suit, or proceeding by or against Tenant
and such appointment shall not be vacated or annulled within
sixty (60) days, or if the interest of Tenant in the demised
premises shall be sold under execution or other legal process,
then and in any such event Landlord shall have, in addition to
any other rights and remedies to which he may be entitled, the
right to enter upon the demised premises and again have,
repossess and enjoy the same as if this Lease had not been made,
and thereupon this Lease shall terminate without prejudice,
however, to the right of Landlord to recover from Tenant all rent
due under this Lease. In the event of any such default and re-
entry, Landlord shall have the right at its election to re-let
5
the demised premises for the remainder of the then existing term
whether such term be the initial term or any renewed or extended
term, for the highest rent then obtainable, and to recover from
Tenant the dif f erence between the rent reserved by this Lease and
the rent obtained through such re-letting less the costs and
expenses reasonably incurred by Landlord in such re-letting.
16. Entire Agreement
This Lease represents the entire understanding between the
parties, and there are no collateral or oral agreements or
understandings, and this Lease shall not be modified unless in
writing of equal dignity signed by both parties.
it is agreed that all of the terms and conditions of this
Lease are binding upon the parties hereto, their successors and
assigns, unless otherwise specified herein.
In Witness Whereof, the parties have executed this Lease this
day of 199-.
CITY OF VIRGINIA BEACH, VIRGINIA
(SEAL)
City Manager
6
(SEAL)
ATTEST:
City Clerk
(SEAL)
Lessee
(SEAL)
APPROVED AS TO CONTENT:
of Public Uti-lities
IIROVED AS TO FORM:
Assistant City Attorney
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that AUBREY V.
WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose
name as such is signed to the foregoing Lease Agreement, has
acknowledged the same before me in the City of Virginia Beach,
State of Virginia.
GIVEN under my hand this day of 199-.
Notary Public
My Commission Expires:
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and
for the City and State aforesaid, do hereby certify that RUTH
HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose
name as such is signed to the foregoing Lease Agreement, has
acknowledged the same before me in the City of Virginia Beach,
State of Virginia.
GIVEN under my hand this day of 199-.
Notary Public
My Commission Expires:
STATE OF
CIT'il OF to-wit:
I, I a Notary Public in and
for the City and State aforesaid, do hereby certify that
(Lessee(s) whose name(s) as
such (is) (are) signed to the foregoing Lease Agreement, (has)
(have) acknowledged the same before me in the City and State
aforesaid.
GIVEN under my hand this day of 199-.
Notary Public
My Commission Expires:
8
- 22 -
Item V-J.
CONSENT AGENDA ITEM # 34055
Upon motion by Counci lman Sessorns, seconded by Counci Iman Heischober, City
Counci I APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan*, Mayor
Meyera E. Oberndorf, Nancy K. Pdrker and Wi I Ii am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Counci I Members Absent-.
John A. BaLrn
Counci I woman McC I anan voted a VERBAL NAY on Item J. 2.
Counci I Members Heischober and Jones DISCLOSED their homes are located on the
Western Branch Lynnhaven River (item J.4).
- 23 -
Item V- J. I
CONSENT AGENDA ITEM # 34056
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Heischober, City
Council ADOPTED:
Resolution referring to the Planning Commission
proposed amendments to Sections 234 and 501 of the
City Zoning Ordinance re slgns for h(xne occupations
and accessory activities operated for profit in
residential dwelilng units.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION PROPOSED
3 AMENDMENTS TO SECTIONS 234 AND 501
4 OF THE CITY ZONING ORDINANCE,
5 PERTAINING TO SIGNS FOR HOME
6 OCCUPATIONS AND ACCESSORY ACTIVITIES
7 OPERATED FOR PROFIT IN RESIDENTIAL
8 DWELLING UNITS
9 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That there is hereby referred to the Planning
12 Commission, for its consideration and recommendation, proposed
13 amendments to Sections 234 and 501 of the City Zoning ordinance,
14 pertaining to signs for home occupations and accessory activities
15 operated for profit in residential dwelling units. A true copy of
16 such proposed amendments is hereto attached.
17 Adopted by the City Council of the City of Virginia
18 Beach, virginia, on the 5 day of February 1991.
19 CA-4091
20 ordin\noncode\234-501.res
21 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 234 AND 501 OF THE CITY
3 ZONING ORDINANCE, PERTAINING TO
4 SIGNS FOR HOME OCCUPATIONS AND
5 ACCESSORY ACTIVITIES OPERATED FOR
6 PROFIT IN RESIDENTIAL DWELLING UNITS
7 BE IT ORDAINED BY THE CITY COUNCTL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Sections 234 and 501 of the City Zoning Ordinance,
10 pertaining to signs for home occupations and accessory activities
11 operated for profit in residential dwelling units, be, and hereby
12 are, amended and reordained, and shall read as follows:
13 Sec. 234. Home occupations.
14 In districts where they are generally permitted, an
15 occupation may be conducted in a dwelling unit, provided that:
16 (a) Not more than twenty (20) percent of the floor area
17 of the dwelling unit and accessory structures shall
18 be used in the conduct of the activity. Provided,
19 however, this limitation shall not have application
20 to family day-care homes.
21 (b) No traf f ic, including traffic by commercial
22 delivery vehicles, shall be generated by such
23 activity in greater volumes than would normally be
24 expected in the neighborhood, and any need for
25 parking generated by the conduct of such activity
26 shall be met off the street and other than in a
27 required front yard.
28 (c) No mere than ene (1) identification sign shall be
29 permitted, 1/2ohd:eh rhall net eieeeed ene (1) sqaar-e
30 feet in aeea, shall be Realliuminated, and shall be-.
31 meunted flat againrt the %#all ef- the r-esidenee.
32 (d) No use shall create noise, dust, vibration, smell,
3 3 smoke, glare, electrical interference, fire hazard,
34 or any other hazard or nuisance to any greater or
35 more frequent extent than would normally be
36 expected in the neighborhood under normal
37 circumstances wherein no home occupation exists.
38 (e) The following uses are specifically excluded:
39 convalescent or nursing homes, tourist homes,
40 massage parlors, radio or television repair shops,
41 auto repair shops, or similar establishments.
42 Sec. 501. Use regulations
43 . . .
44 (b) Accessory uses and structures: Uses and structures
45 which are customarily accessory and clearly incidental and
46 subordinate to principal uses and structures and where such
47 accessory structures do not exceed the height of the principal
48 structure and do not exceed five hundred (500) square feet of
49 floor area or twenty (20) percent of the floor area of the
50 principal structure, whichever is greater. Such accessory uses
51 and structures include but are not limited to:
52 (1) Detached quest house and servants quarters within the
53 R-40 District only;
54 (2) Bees;
55 (3) Swirmning pools, boat houses, piers, etc.;
56 (4) In connection with agricultural use, no more than one
57 roadside stand for sale of agricultural products
58 produced on the premises; provided that no such stand
59 shall exceed five hundred (500) square feet in floor
60 area nor be erected within twenty (20) feet of the
61 property line fronting any street;
62 (5) An accessory activity operated for profit in a
63 residential dwelling unit where there is no change in
64 the outside appearance of the building or premises or
65 any visible or audible evidence, including signs,
2
66 detectable from outside the building lot, either
67 permanently or intermittently, of the conduct of such
68 business eiesept fer- ene nenj:ll@inateel j:Elentj:fj:eat4:en
69 net faefe than ene squaee feet in aeea FR91/21ated flat
70 Rat the Eesi where no traffic is generated,
71 including traffic by commercial delivery vehicles, by
72 such activity in greater volumes than would normally be
73 expected in the neighborhood, and any need for parking
74 generated by the conduct of such activity is met off the
75 street and other than in a required front yard; where
76 the activity is conducted on the premises which is the
77 bona fide residence of the principal practitioner, and
78 no person other than members of the immediate family
79 occupying such dwelling units is employed in the
80 activity; where such activity is conducted only in the
81 principal structure on the lot; where there are no sales
82 to the general public of products or merchandise from
83 the home; and where the activity is specifically
84 designed or conducted to permit no more than one (1)
85 patron, customer, or pupil to be present on the premises
86 at any one time. The following are specifically
87 prohibited as accessory activities: Convalescent or
88 nursing homes, tourist homes, massage parlors, radio or
89 television repair shops, auto repair shops, or similar
90 establishments.
91 Adopted by the City Council of the City of Virginia
92 Beach, Virginia, on the _ day of 1991.
93 CA-3751
94 \ordin\proposed\234-501.pro
95 R-1
3
- 24 -
Item V-J.2
CONSENT AGENDA ITEM # 34057
Upon motion by Counci ]man Sessoms, seconded by Counci lman Heischober, City
Council ADOFRED:
Reso l LitIon authorizing the City Manager to
competitively negotiate a contract for Insurance
agent/broker services and utilize those services re
placement of the City's insurance and other related
services.
Voting: 9-1
Counci I Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Counci I Members Voting Nay-.
Reba S. McClanan*
Council Members Absent:
John A. Baum
*Verbal Nay
A RESOLUTION AUTHORIZING THE USE OF
COMPETITIVE NEGOTIATION FOR INSURANCE
AGENT/BROKER SERVICES IN LIEU OF
BIDDING OR COMPETITIVELY NEGOTIATING THE
CITY'S VARIOUS INSURANCE POLICIES
WHEREAS, The City of Virginia Beach is considered a large
municipal insurance account; and
WHEREAS, there are a limited number of insurance companies
willing to write certain insurance policies needed by the city; and
WHEREAS, municipalities that frequently bid or competitively
negotiate insurance policies are not considered to be desirable
insurance accounts; and
WHEREAS, many insurance companies will not provide quotations
on accounts if more than one insurance agent or broker requests a
quotation for the same insured; and
WHEREAS, in addition to marketing the city's insurance and
obtaining competitive quotes from insurance companies, the city
requires various other services from our insurance agent/broker;
and
WHEREAS, Section 11-4l.C of the Code of Virginia authorizes
cities to utilize the services of an insurance agent/broker for the
placement of insurance when it has been determined by resolution
of the governing body that such action is in the best interest of
the city and when the agent/broker has been selected through the
competitive negotiation process;
NOW THEREFORE BE IT RESOLVED by the Council of the City of
virginia Beach that it has been deemed in the city's best interest
to competitively negotiate a contract for insurance agent/broker
services and utilize tbe services of the selected agent/broker for
the placement of the city's insurance and the provision of other
related services required by the city. The City Manager or his
designee is directed to proceed with such activities as are
required to conduct the negotiations and implement this program.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Fifth day of February 1 1991.
- 25 -
Item V-J.3
CONSENT AGENDA ITEM # 34058
Upon motion by Counci lman Sessoms, seconded by Counci lman Heischober, City
Council ADOPTED:
Ordinance to authorize the City Manager to enter
Into a cost participation agreement ($1,377 City's
share) with Mary L. Hunt, Hunt Club Condominiums,
re construction of certain water facilities
(Kempsville Borough).
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Mary L. Hunt, Hunt Club condominiums is
developing certain property in the Kempsville Borough in accordance
with the terms and conditions of city ordinances, and
WHEREAS, the city has requested that the developer
oversize the water line to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and will
prevent the city from incurring additional costs at a later date,
and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$1,377 with such costs to be charged to capital project 5-306 Water
Request and Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OP THE CITY
OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Mary L. Hunt, Hunt Club Condominiums for
construction of certain water facilities. Said proposed agreement
is hereby approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the Fifth day of February , 19 91 .
CITY OF VIRGINIA BEACH
DEPARTMETIT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 29th day of November
1990, by and between MarY L. Hunt, Hunt Club
hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "CitY."
WHEREAS, owner is seized in fee simple of Hunt Club
Condominiums, Phases 1, 2. 3.
WHEREAS, owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to coiiform to said ordinances;
WHEREAS, in order for Owner to provide water service to this
Project, it is necessary for owner to construct certain water
facilities;
WHEREAS, the city has requested that such construction be
greater in scope than is necessary to provide service to this
Project;
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the
Project limits.
NOW, THEREFORE, in consideratioii of the mutual promises and
benefits accruing hereto, the parties agree that;
1. owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, copies of which are oil file with
the Departalent-
The City shall make cash payment to owner in the amount of
One .00) after
successful completion of the System and acceptance thereof by the City
in accordance with the approved plans.
3. The city shall have the right at any time to make,
connect, or permit the connectioii of any other water facility to
the system. Any stich connection may be at any point, aild the
City shall have the right at any time to use the System to serve
persons withiii and without the Project limits.
4. Upon successful completion of the system and acceptance
thereof by the City, Owl-ier hereby agrees that the System,
including but not limited to water connections, water mains,
valves, fittings and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance tliereof.
5. owner shall indemnity and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
system. In the event any claim is made against the City, either
independently or jointly with owner, lessee, or purchaser on
account hereof, the owner at its sole cost shall defend thel city
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
2
7 owner represents that she is the sole owner, in fee
simple, of the property referenced herein and that she has the
authority to bind any heirs, SILICCessors and/or assigns with
respect to the property and this Agreement.
8. upon execution of this Agreement, it shall be recorded
by the City iii the Clerk's office of the circuit court of the
city of virginia Beach, virginia, at owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed tliis Agreemeiit as c)f the day and year first above writtell.
CITY OF VIRGINIA BEACH, VIRGINIA
Manager)
DATE
ATTEST:
(SEAL)
City Clerk
BY
ip@id@ uwner
DATE
ATTEST:
(SEAL)
Secretary
CERTIFIEDASTOAVAILABILITY,OFfut"
APP ONTENTS:
Manager for A ministration
lic Utilities
3
APPROVED AS TO FORM:
-,ty Attl@1-Y@ Off'-'
CERTIFIED AS TO AVAILABILITY OF FUNDS:
.@p. t...t f F,.----
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
I, the undersignell a Notary PubliC in and for the
city and state aforesaid, do hereby certify that . Hunt,
owner ffild - -Prpsi@t-@d-
e e ---- whose
names are signed to the writing above, bearing date of ovember 29,
1990 have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this 29th d,y f November
1990.
My Commission Expires 121 3 /93
Notary Public
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
The foregoing instrument was acknowledged before me by
Aubrey V. Watts, Jr. and Ruth Hodges Smith, the City Manager and
City Clerk, respectively, of the City of Virginia Beach, this
day of 1990.
Notary Public
my commission Expires:
1/89
5
HU04T CLUif
OND?MINIUM SITE
-@o R-10
HIBIT SHOWING
HUNT CLUB CONDIMINIUM
OFF-SITE BENEFIT AREA
FOR WATER PARTICIPATION
NBJ 1/7/91 (C7-30)
I"=400'
COST BENEFIT ANALYSIS
HUNT CLUB CONDOMINIUM
c 7-30
1. Cost Participation:
Differential costs (materials) from 6" to 811 water line submitted by
developer and approved by the City:
8" ductile iron pipe: 522 LF x $7.45 -$3,888,90
6" ductile iron pipe: 522 LF x $5.45 - 2 844.90
Differential cost (pipe material) $1,044.00
8 gate valve: 3 EA x$353.00 - $1,059-00
6" gate valve: 3 EA x$242.00 - 726.00
Differential cost (valves only) - $ 333-00
Total participation cost - $1,044 + $333 - $1,377.00
2. Cost for city to construct 8" water line by CIP:
8" ductile iron pipe (material + labor): 522 LF x $20.00 - $10,440.00
8" gate valve (material + labor): 3 EA X$484.00 - 1,446.00
City cost without participation $11,866.00
3. Net savings to city - $11,866 - $1,377 $10,489.00
NBJ:mc
- 26 -
Item V-J.4
CONSENT AGENDA ITEM # 34059
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Heischober, City
Councli ADOPTED:
Ordinance to TRANSFER $50,000 from Project 2-712
Dredging Ea5tern Branch Lynnhaven River to Project
2-109 Western Branch Lynnhaven River Dredging Study
for an engineering contract and allow for a
contingency.
Voting: 10-0
Counci I Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and W! I II am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
Counci I Members Heischober and Jones DISCLOSED their homes are located on the
Western Branch Lynnhaven River.
1 AN ORDINANCE TO TRANSFER FUNDS IN THE
2 AMOUNT OF $50,000 TO PROJECT 2-109 WESTERN
3 BRANCH LYNNHAVEN RIVER DREDGING STUDY TO
4 COVER THE COST OF AN ENGINEERING CONTRACT
5
6 WHEREAS, the Capital Improvement Program includes project 2-109 Western
7 Branch Lynnhaven River Dredging Study for the study and preliminary engineering
8 for the dredging of a channel from Virginia Beach Boulevard through Thalia Creek
9 and terminating at Lynnhaven Inlet;
10 WHEREAS, negotiations with the selected engineering firm to perform all
11 necessary environmental studies related to the dredging project have resulted in
12 a negotiated fee prOPOBal for $136,402;
13 WHEREAS, the project account will need an additional $50,000 to cover
14 the engineering contract and allow for a contingency factor;
15 WHEREAS, the amount needed may be transferred from project 2-712
16 Dredging Eastern Branch Lynnhaven River since this project iB substantially
17 completed and is expected to have excess funds which may be transferred to
18 project 2-109.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That funds in the amount of $50,000 are hereby transferred from Project
22 2-712 Dredging Eastern Branch Lynnhaven River to Project 2-109
23 WeBtern Branch Lynnbaven River Dredging Study to cover the cost of an
24 engineering contract and allow for a contingency factor.
25 ThiB ordinance shall be effective on the date of itB adoption.
26 Adopted by tbe Council of the City of Virginia Beach, virginia on the
27 Fifth day of February , 1991.
- 27 -
Item V-J.5
CONSENT AGENDA ITEM # 34060
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Hei schober, City
Council ADOPTED:
Ordinance to 1RANSFER $221,000 from the FY 1990-91
General Fund Reserves for Contingencies to the
Department of Juvenile Probation re additional
costs of court-ordered juvenile placements.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Lo ul s R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
1 AN ORDINANCE TO TRANSFER FUNDS IN TME AMOUNT OF $221,000
2 FOR ESTIMATED ADDITIONAL EXPENSES FOR
3 JUVENILE PLACEMENTS FOR THE FY 90-91
4
5
6 WHEREAS, the Juvenile and Domestic Relations Court orders the Department
7 of Juvenile Probation to place juveniles in detention homes and group homes,
8
9 WHEREAS, the Department of Juvenile Probation budgets for the cost of
10 placement of these juveniles, based on previous expenditure patterns and
11 anticipated trends in placements,
12
13 WHEREAS, the number of placements and length of stay per juvenile has
14 exceeded projected estimates,
15
16 WHEREAS, thib increased demand for service has caused estimated
17 placement COSTB for FY 90-91 to exceed budgeted resources by $221,000,
18
19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that funds in the amount of $221,000 be transferred from the
21 FY 90-91 General Fund Reserve for Contingencies to the Department of Juvenile
22 Probation to cover the additional costs of court ordered juvenile placements.
23
24 This ordinance shall be effective from the date of itB adoption.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 5th day of February, 1991.
28
- 28 -
Item V-J.6
CONSENT AGENDA ITEM # 34061
Upon motion by Counci lman Sessoms, seconded by Counci Iman Hei schober, City
Council APPROVED:
LOW BID:
ASPHALT ROADS & 1990-91 Bituminous Concrete $846,036.00
MATERIALS CO. INC. Maintenance Schedule
Contract Ill
Voting: 10-0
Councl I Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, mayor
Meyera E. Oberndorf, Nancy K. Parker and W] I II am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent-.
John A. Baum
- 29 -
Item V-L. 1.
NEW BUSINESS ITEM # 34062
Councilman Heischober distributed for City Council's consi deration and
discussion during the City Councilts RETREAT, the following proposed
Ordinances:
ordinance to Amend and Reordain Section 2-20 of the
Code of the City ot Virginia Beach pertaining to
the Time and Place ot Regular Meetings of City
Council.
Ordinance to Amend and Reordain Section 02-041 of
the Code of the City of Virginia Beach, Virginia,
pertaining to addressing Council.
Ordinance to Amend and Reordain Section 02-057 ot
the Code of the City of Virginia Beach, Virginia,
pertaining to Clerk's Calendar and Docket of
Business before Councl I .
Ordinance restricting Travel Expenses for Council
Members.
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ADJOLRWENT ITEM # 34063
Upon motion by Vice mayor Fentress, and BY CONSENSUS, City Councl I ADJOLRNED
the Meeting at 2:25 P.M.
B. rl @.k
Chief Deputy City Clerk
.th Hdg @ Sith, CM15 Mey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia