APRIL 27, 1999 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF At Large
V/( E MAYOR WILLIAM D SESSOMS JR At Large
LINWOOD 0 BRANCH II! Dtstru t 6 Bea(h
MARGARETL EURE Dtstrt(t I (entervtlle
WILLIAM W HARRISON JR Dtstrtct 5 l ynnha}en
HAROLD HEISCHOBER At Large
BARBARA M HENLEY Dtstrtct 7 Prtmess Anne
LOUIS R JONES Dtstrt~t 4 Baysule
REBA S McCLANAN Dtstrtct 3 Ro3e Itall
NANCY K PARKER At-Large
A M (DON) WEEKS Dtstrt(t 2 Kempsvdle
JAMES K SPORE Ctty Manager
LESLIE L LILLEY Ctty Attorney
RU I'H HODGES SMITH CMC/AAE Ctty Clerk
CITY COUNCIL AGENDA
OUR
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
I, TRGINIA BEACH VIRGINIA 23456 9005
PttONE (757)427 4~0~
FAX (757) 426 5669
LMAIL CTYCNCL~CITY VIRGINIA BEACH VA U'
Apnl 27, 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
1:30 PM
Ao
Bo
AGING INFRASTRUCTURE [45 min.]
Clarence Wamstaff, Director, Department of Public Utilities/Public Works
TRT/PENTRAN COST ALLOCATION [45 min.]
Les Lflley, C~ty Attorney
Patti Phdlips, Director, Department of Finance
II CITY COUNCIL WORKSHOP
3:00 PM
mo
MANAGEMENT RESOURCE PLAN [1 hr. 45 min.]
E. Dean Block, Director, Department of Management Services
III. REVIEW OF AGENDA ITEMS [5 min.]
IV. CITY COUNCIL COMMENTS [10 min.]
V. INFORMAL SESSION
- Conference Room-
5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Terry Rolen
F~rst Church of God of Virgima Beach
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. INFORMAL & FORMAL SESSIONS - April 13, 1999
2. PUBLIC HEARING: MANAGEMENT RESOURCE PLAN - April 15, 1999
Go
AGENDA FOR FORMAL SESSION
The Consent Agenda wdl be determtned durtng the Agenda Review Session and constdered
tn the or&nary course of bustness by Ctty Councd to be enacted by one motion.
H. PRESENTATIONS
1. PROCLAMATION- SPECIAL OLYMPICS DAY: May 1, 1999
Robert Miller, President - Area II
Anthony Sweeney, Athlete
.
,
SURFING ACCESS FOR EVERYONE (SAFE)
John Hooker
FALSE CAPE LODGE
Donald Maxwell, Director, Department of Economic Development
I. PUBLIC HEARING
1. LEASE OF CITY-OWNED PROPERTY - 2200 Parks Avenue (BEACH - DISTRICT 6)
J. ORDINANCES/RESOLUTION
,
Ordinance re LEASE of city-owned property at 2200 Parks Avenue to the Contemporary
Art Center of Virginia for a term of five (5) years, commencing May 2, 1999, and ending
April 30, 2004; and, authorize the City Manager to enter into an agreement with the Art
Center (BEACH - DISTRICT 6).
,
Ordinance to APPROPRIATE $233,433 from grants and additional state funding to the
FY1998-1999 Operating Budget of the Community Services Board re additional MH/MR
staff and vehicles necessary to service clients; increase full-time positions by five (5); and,
estimated revenue be increased accordingly.
,
Ordinance to grant CAVALIER TELEPHONE, L.L.C., a temporary nonexclusive
revocable license to construct, maintain and operate telecommunication facilities in, over,
under and across the City's public ways; and, to authorize and direct the City Manager to
execute such Agreement.
e
.
Ordinance to authorize temporary encroachments into a portion of the City's right-of-way
at Mediterranean Avenue, 14th Street and 16th Street by VIRGINIA BEACH
PENTECOSTAL CHURCH OF CHRIST re erection and maintenance of four directional
signs (BEACH - DISTRICT 6) (Deferred April 13, 1999)
Resolution to authorize the adoption and promulgation of Amendment Number 5 of the
Specifications and Standards Manual developed by the Engineenng Division of the
Department of Public Works.
K,
PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
o
Application of DOUGLAS C. BURLAGE,INC., for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created to meet all requirements of the City
Zoning Ordinance on the East side of Baker Road, 165 feet North of Wesleyan Drive
(BAYSIDE- DISTRICT 4).
Recommendation:
APPROVAL
,
Application of ROCK CHURCH for a Conditional Use Permit for a child care education
center in a church at the Northeast intersection of Kempsville Road and Manor Drive (580
Kempsvllle Road), containing 7.72 acres (KEMPSVILLE - DISTRICT 2).
Deferred:
Staft Recommendation:
Commission Recommendation:
January 26, 1999
ADDITIONAL 90-DAY DEFERRAL
APPROVAL
e
Application ofLENWOOD B. IRELAND for a Conditional Use Permit for a community
boat dock at the Eastern extremity of Sparrow Road on Parcel C-l, subdivision of property
of Lenwood B. & Robin S. Ireland, containing 8,505 square feet (CENTERVILLE -
DISTRICT 1).
Recommendation:
APPROVAL
o
Application of VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924
for a Conditional Use Permit for a fraternal organization lodge on the East side of Princess
Anne Road, South of the intersection with Sandbridge Road (2020 Princess Anne Road),
containing 8 acres (PRINCESS ANNE - DISTRICT 7)
Recommendation:
APPROVAL
.
Applications of M and M DEVELOPMENT ASSOCIATES, L.L.C., for Change of
Zoning District Classifications (PRINCESS ANNE - DISTRICT 7):
a°
AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional
O-1 Office District on the following 8 acres:
(1) Parcel 1:
West side of General Booth Boulevard beginning at a point
830 feet more or less South of Ferrell Parkway.
(2) Parcel 2:
West side of General Booth Boulevard beginning at a point
480 feet more or less North of Huckleberry Trail.
b,
AG-1 and AG-2 Agricultural D~stncts and R-20 Residential District to Conditional
A- 18 Apartment District on the Northwest side of General Booth Boulevard, 250 feet
more or less South of Ferrell Parkway, containing 14.76 acres.
Recommendation: APPROVAL
,
Application of TURNER and ASSOCIATES REALTY, INC., for a Change of Zoning
Classification from AG-2 Agricultural District to Conditional B-2 Community Business
District on the South side of Sandbridge Road at its intersection with Painters Lane,
contaimng 2.148 acres (PRINCESS ANNE - DISTRICT 7).
Recommendation:
DENIAL
Lo
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - MARCH 1999
O. ADJOURNMENT
MANAGEMENT RESOURCE PLAN
FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE
DATE TIME BUDGET UNIT
Tuesday, May 4 - Workshop 10 AM - Noon Operational Support - continued
Council Conference Room Human Resources
Information Technology
Non-Departmental
V~deo Services
Pohc¥ and Decision Support
Debt Service
Tuesday, May 4 2 PM Public Hearing - Council Chambers
Thursday, May 6 - Workshop 3 PM - 5 PM Reconcd~at~on
Council Conference Room
Tuesday, May 11 2 PM Council Action - Council Chambers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/23/99BAP
AGENDA\04/27/99.PLN
www.virginla-beach.va, us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rgima
April 27, 1999
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re AGING
INFRASTRUCTURE in the Council Conference Room, City Hall Building, on Aprtl 2 7, 1999, at I 30 P M
Council Members Present'
Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D
Sessoms, Jr and A M "Don" Weeks
Councd Members Absent
Wtlliam W Harrison, Jr
Harold He~schober
Reba S. McClanan
Nancy K Parker
[ENTERED 6 O0 P M]
[ABSENT DUE TO ILLNESS]
[ENTERED 2 25 P M
SPEAKING A T AARP]
[MOTHER VERY ILL IN CHARLOTTE, NORTH
CAROLINA]
-2-
CI T Y COUNCIL B R IE FIN G
AGING INFRAS TR UCTURE
1:30 P.M.
ITEM # 44881
Clarence Warnstaff, Director- Pubhc Utdtttes/Pubhc Works, advtsed during 1998 ajotnt Commtttee was
created of Council Members, City and School Board staff to determine the best fun&ng sources and
mechamsms for matntatntng the Ctty's tnfrastructure at an acceptable conchtton or servtce level
Margaret L Eure
Counctl Lady
Nancy K Parker
Council Lady
Leshe L Ltlley
City Attorney
Anthony L Arnold
Vtrgtnta Beach Pubhc Schools
David M Grochmal
Dtrector of General Servtces
Walter C Kraemer
Department of Management Servtces
Clarence Warnstaff
Acttng Dtrector- Department of Pubhc Works
George N Tzavaras
Department of Pubhc Works
A sampling of the Ctty's tnfrastructure includes 3,150 lane miles of road pavement, 2,355 miles of
sidewalk, 2, 753 miles of sewer and water lines, 83 schools and 204 public buildings The total current
replacement value of the City's infrastructure is estimated to be $5.38-BILLION The Ctty of Vtrgtnta
Beach is a relatively young city, whtch has pursued quahty tn tts tnfrastructure tnvestment Demanchng htgh
quality public tnfrastructure has resulted tn excellent facthttes supporting quahty servtces As with any
facthty, age demands tncreased matntenance and attention. Roadways need repavtng and reconstruction,
butldtngs need patnt and new roofs, etc The figures contatned tn the report are really from 1998-1999 and
as new tnfrastructure ts added to the Ctty, these numbers tend to tncrease There are many ttems tn the
Ctty's tnfrastructure whtch are not hsted One example ts Sanitary Sewer manholes and the number of fire
hydrants
The Committee conducted thts study by reviewing prevtous Ctty reports on the agtng tnfrastructure, all of
the tnfrastructure asset categortes and planned City expenditures for matntenance and repatr The
Commtttee also stuched what was happening at the State level and how the Vtrgtnta Beach sttuatton
compared to the nattonal tssue of aging tnfrastructure. Thetr acttvtttes accomphshed the followtng
Updated the City's infrastructure asset category list, the
replacement value and the renewal and replacement budget
expenditures for FY 1998-99
Examined the asset categories and their current funding
sources.
Evaluated funding mechanisms currently tn place for each asset
category
Aprtl 27, 1999
-3-
CI T Y COUNCIL B R IE FIN G
AGING INFRASTRUCTURE
ITEM # 44881 (Continued)
Conducted a thorough search of the literature to see what
industry standards are typically recommended for funding
infrastructure maintenance and repair Le. "Rebuiid American
Coalition". The prtce tag for the Umted States Infrastructure
(roads/brtdges/htghways, mass transit, atrports, schools and
wastewater) was $853-BILLION Other tmpresstve documents
were "Case for Infra structurtng Investment, Quahty of Ltfe, The
Unspoken Promtse ", a report from EP,4 to the Congress, Pubhc
Works Ftnanctng Newsletter (1992) and ,4mertcan Soctety of
Ctvtl Engtneers News Release (March 5, 1998) The Amertcan
Soctety of Ctvtl Engtneers gtves the natron very poor grades tn
relation to infrastructure Thts newsletter tndtcates, that as a
natron, over the next five years wtll be approxtmately SI-
TRILLION ts expended ,4 document from the Department of
Defense refers to the Pubhc Works type of facthttes to support
the Department of Defense and tndtcated tn 1989 the
replacement value for the mthtary facthttes was approxtmately
$500-BILLION In 1989, the government was expendtng
approxtmately $ 7-BILLION tn matntenance and repatr, or 1 4%
of their replacement value A report from the City of New York
tn 1998 dtd not tdenttf-y thetr replacement costs of thetr system's
tnfrastructure, but dtd tndtcate they were factng a $40-BILLION
shortfall over the next ten-year pertod because of the lack of
proper matntenance and repair tn earher years. A 1987
document from the Ctty of Ctnctnnatt advtsed replacement value
for thetr system assets was approximately $10-BILLION (twice
the amount esttmated for Vtrgtnta Beach) Thts report
recommended there be an tncrease of l/lO of l% tn the Ctty's
earntng tax as well as several rate tncreases.
Identified current efforts to secure additional funding for
repair and replacement of infrastructure by the Governor and
General ,4ssembly
6 Conducted a detailed review of highway, school and storm
water infrastructure expenditures and anticipated funding.
For all asset categortes projected the proposed six year
maintenance, repair and replacement expenditures as shown in
the the FY 98-99/03-04 CIP.
8 Evaluated various funding alternatives to determtne the most
approprtate recommendattons from Vtrgtnta Beach
Mr Warnstaff ctted the FINDINGS:
The Ctty has recogntzed the importance of protecting the huge
taxpayer investment in infrastructure through tncreases tn
matntenance and repatr spendtng and focused programs. The
Commtttee also found that while much has been wrttten and satd
about the agtng tnfrastructure issue, the magmtude ts daunttng for
many ctttes
The City staff ts currently in the process of creattng an Asset
Management System for the City's infrastructure Thts system wtll
tnclude the following for each asset category tnventory, condttton
assessment, current level of servtce and cost of maktng repatrs The
system wtll take at least 2-3 years to complete for all asset categortes
tffundtng ts continued Once complete, the system will allow dectston
makers to determtne the destred level of servtce for each asset and the
corresponding cost of annual repairs to achieve that level of service
,4prt127, 1999
-4-
CI T Y COUNCIL B R IE FIN G
AGING INFRASTRUCTURE
ITEM # 44881 (Continued)
There are many research groups, government orgamzattons and
special tnterest groups whtch promote the need for reverstng the
dechne tn Amertca's tnvestment tn infrastructure The Rebuild
America Coalition is a broad coalition of 60 national, public
and private organizations who beheve that "our natton's
economic compettttveness and well betng are dtrectly hnked to
the condttton and quahty of our Country's tnfrastructure and
servtces" Thts group, and many others support the idea that
infrastructure owners must tnvest 2% - 4% of the replacement
value each year into matntenance and repatr of thetr
infrastructure in order to matntatn tts quahty and functtonahty
Since Virginia Beach ts a relatively young City and the Ctty's
leadership has recognized the need to protect the huge pubhc
tnvestment by constructtng htgh quahty tnfrastructure over the
years, our needs are not as great as the average Ctty Therefore
a, a more appropriate goal for Vtrgtnta Beach would be at the
lower end of thts spectrum or approximately 2 % of replacement
value.
Vtrgtnta Beach has budgeted $94,937,557 for infrastructure
matntenance and repatr whtch ts 1. 7% of estimated replacement
value. The FY 1999-2000 Proposed Budget tncluded
$101,302,352 for maintenance and repair or 1.82% of
replacement value For the enttre stx-year CIP the total
projected to be spent for tnfrastructure matntenance and repatr
averages from 1.5% to 1.82% of replacement value each year,
which approxtmates the 2% recommended goal It ts estimated
that by tncreastng maintenance and repatr fundtng by
approxtmately SI-MILLION annually compounded over 12
years, the goal of 2% of replacement value can be achieved,
assumtng maintenance, repatr and CIP growth conttnues at
current rates
The current six year CIP funding for school maintenance and
repair exceeds 3 % of replacement value Thts tncludes partial
fundtng of the School Moderntzatton program, but does not
include funds from the lottery proceeds proposed by the General
Assembly except tn FY 1999-2000 On February 2, 1999, the
School Board adopted a resolution dtrecttng that all future State
Lottery funds be applied to the School Modernization program,
which is estimated to add in excess of $80-MILLION over the
next 10 years.
The Vtrgtnta Department of Transportaaon utdizes a formula
estabhshed by the Legtslature to reimburse ctttes for roadway
maintenance However, tn Virginia Beach thts fundtngfalls short
of the actual amount spent by the Cttyfor roadway maintenance
In FY97-98, Virginia Beach spent $35.7-MILLIONon roadway
maintenance and I/DOT reimbursed the City $23.7-MILLION
or 66% Over the last 10 years, the Ctty has taken pride tn its
roadway maintenance and repair to keep the roadway system in
relattvely good condttion
The storm water, water and sewer utility systems are funded by
sources of revenues separate from the General Fund System
expansion is chctated by the growth patters of the City which, tn
turn, changes the matntenance and repatr requtrements of the
utthty systems over time The enttre program of each utility ts
betng examined to determine t. lethe needs for matntenance and
repair are approprtately balanced wtth the needs for new
construction within the current and projected revenues
April 27, 1999
-5-
CI T Y COUNCIL BRIEFING
AGING INFRASTRUCTURE
ITEM # 44881 (Continued)
The Committee's recommended destred outcome ts to adequately matntatn Ctty tnfrastructure There are two
strategies the Commtttee feels should be pursued to achieve this outcome
Reallocation of existing resources
Conttnue and fund the ongotng infrastructure inventory and
condttton assessment to more accurately quantify the agtng
infrastructure tssue and tdenttfy the most tmmechate needs.
Develop a pohcy to treat infrastructure Matntenance and Repatr
costs as fixed costs for new projects Program the requtred
matntenance and repatr tn the CIP each year at approximately
2% of Replacement Value for all new projects
Develop a Counctl Pohcy estabhshtng an infrastructure
matntenance and repatr fundtng target of the generally accepted
industry standard or when the con&tton assessment ts complete,
the amount needed to matntatn the Ctty's tnfrastructure tn good
condttton In the tntertm, an tncrease tn matntenance and repatr
fundtng by approxtmately SI-MILLION annually compounded
over 12 years should achteve thts goal
Study the feastbthty of an tnternal servtce fund for
admtntstrattve/muntctpal butldtng operattons, matntenance and
repair, estabhshtng a "rental "fee for space users similar to the
risk management or tnformatton technology tnternal service
fund
Consider and evaluate all new infrastructure projects as
can&dates for prtvattzatton, outsourctng, or pubhc-prtvate
venture intttattves to reduce the public matntenance and repatr
reqmrements assoctated with new tnfrastructure
Obtain additional "outside" resources
Work with the Hampton Roads Planmng Dtstrtct Commtsston
(HRPDC) and the State Delegatton to support more permanent
and adequate state support for school, roadway and other
tnfrastructure maintenance and repair
Work wtth HRPDC, the Vtrgtma Mumctpal League and Vtrgtnta
Assoctatton of Counttes, the Hampton Roads Chamber of
Commerce, and other groups as needed to change the formula,
thereby tncreastng the state allocation of roadway matntenance
fundtng per lane-mtle for the regton
B Y CONSENSUS, the City Council Policy for Maintaining City Infrastructure shall be SCHEDULED for
the Ctty Counctl Sesston of May 11, 1999
Aprt12 7, 1999
-6-
CI T YMANAGER'S B R IE FIN G
TR T/PENTRAN COST ALL OCA TION
ITEM # 44882
2:17 P. M.
Leslie L Ldley, Ctty Attorney, advtsed at the Ctty Councd Sesston of Aprd 13, 1999, some concerns were
expressed about the tssue of the abthty of the proposed Hampton Roads Transportation District
Commission to construct a Light Rail project in the City of Virginia Beach over the City's objection, and
about the allocatton of dedicated revenues, such as revenues derived from possibly a gasoline tax. The
proposed Cost Allocation Agreementprovtdes tn Arttcle IV, Sectton F, that each parttctpattng ctty will have
final determtnatton on the type, amount, and location of pubhc transportation servtce withtn its borders
Nothing tn this Agreement will be construed as a requirement that a parttctpattng ctty must provide public
transportatton servtces
Relative Article IX, H., of the Cost Allocation Agreement, the tssue of the allocation of dechcated revenues,
the City's representattves were asked at the Aprd 16 meettng to drafi proposed language addresstng those
concerns Mr Ldley requested Ctty Councd's gutdance
Present Provision
Dedicated revenues, such as a tax, on gasohne wtll be allocated by the
Commtsston
Proposed Provision:
H
To the extent permttted by law, de&cated revenues generated tn
each parttctpattng ctty be allocated to that parttcipattng ctty,
unless the governtng body thereof authortzes an alternattve
allocation based upon a finding that such alternative allocation
encourages the most effecttve and effictent operation of the
regtonal transportatton system The Commtsston shall request
the General Assembly, tn any legislation it may enact whtch
estabhshes a source of dedicated revenues, to permtt the
Commtsston to allocate such dedtcated revenues tn a manner
conststent wtth thts provtston
Alternative Provision 1:
H
To the extent permttted by law, dedtcated revenues collected
wtthtn the boundartes of a parttctpattng ctty wdl be used to
provide transportatton servtces tn or for such parttctpattng ctty,
unless the govermng body of that parttctpattng city authorizes an
alternative allocatton based upon a findtng that such alternattve
allocatton encourages the most effective and effictent operatton
of the Regtonal Transportatton System.
Alternative Provision 2:
H
To the extent permttted by law, dedtcated revenues generated tn
each parttctpattng ctty wtll be allocated for the transtt needs of
the partictpattng ctty, provtded, however, that such revenues
collected wtthtn the boundartes of a parttctpattng ctty wtll be
used to provtde transportation servtces tn or for such
parttctpattng ctty unless at least one of these Commtssioners
representtng the parttcular city votces affirmattvely to expend
such revenues or a portton of such revenues otherwtse
Patrtcta Philltps, Director of Ftnance, advtsed the Cost Allocation Agreement has been utthzed for years
by TRT The whole process ts based on equity Costs are dtvtded equally based on servtce Mrs Phdhps
again ctted Arttcle IV, Sectton F, supports thts process of equtty Arttcle III, the method of allocattng costs
and revenues, wdl be based on servtces provtded and revenues generated tn each m&vtdual Ctty The
dedtcated revenue - the gas tax posstbility- ts superimposed upon all these other secttons
Aprd 27, 1999
-?_
C I T Y MANA GER 'S B R I E FIN G
TR T/PENTRAN COST ALL OCA TION
ITEM # 44882 (Continued)
Councdman Jones referenced Arttcle III, G -" The Commtsston will not tmpose any transportatton servtce
tn or on any Ctty for whtch such City must pay any cost unless a member of the Commtsston representmg
such Ctty has voted affirmattvely to accept such servtce" Counctlman Jones understood thts to mean a
representative from Virgtnta Beach on the Commtsston could make the dectston to provtde the servtce
wtthout the Ctty Counctl ever approvtng same Mr Ltlley advised the enttre merger agreement ts wrttten wtth
the premtse that the TRT/PENTRAN Commtssion ts an tndependent body and wtll be maktng dectstons
based upon the Commtssioners present and representing the various Ctttes These Commtsstoners have great
authortty and thetr vote ts effecttve and does do exactly as Counctlman Jones understood The Ctty Attorney
advtsed the Ctty Counctl should be postttve the Commisstoners are tnformed of thetr vtews and vote
accordtng to the way they are tnstructed
Council Lady Henley advtsed, up to thts potnt, a very moderate transportatton system existed Counctl Lady
Henley advised once the enttty ts estabhshed, Vtrgtnta Beach can sttll have both of tts representattves vote
against a change in the ByLaws and the matter sttll be accomphshed wtth the negattve vote unless they are
among a majortty
The City Attorney advised the ByLaws can be change& however, the Cost Allocation Agreement, ts btndtng
and this cannot be changed wtthout comtng back to the Ctty Counctl. It is a contract between the Ctttes and
cannot be amended wtthout the Ctty betng a party to same TRT, nor any regtonal agency, can place servtces
tn the communtty whtch the Ctty Counctl do not want, and cannot requtre them to fund somethtng whtch they
do not want
Mayor Oberndorf tnqutred tf staff had tnvesttgated the Northern Virginia Transportation District
Commission and its ByLaws. Dale Castellow advised he has conferred with Northern Vtrgtnta tn the
context of thetr revenues Hts tmpresston ts they have the same issues and controverstes as present tn thts
area Thetr Cost Allocation Agreement ts very stmtlar The City Code bastcally prescrtbes the framework
of the Cost Allocation Agreement Relattve, the dedicated revenues, the funds are recetved by the
Commtsston and chstrtbuted as they see fit. The Potomac River Transportation Commission has an
alternative method whereby their dedtcated tax revenue goes tnto muntctpal accounts. Therefore, each
jurischctton has control over these funds whtch they expend as they see fit
The City Attorney advtsed Counctl Lady Henley the present provision "H", only references gasohne tax,
however, the proposed provtston speaks relattve "any revenue" The proposedprovtston wouM handle any
revenue source
BY CONSENSUS, Ctty Council concurred with Arttcle IX-Allocatton of Revenues
Proposed Provision:
To the extent permttted by law, dechcated revenues generated tn each
partictpattng ctty be allocated to that parttctpattng city, unless the
governing body thereof authorizes an alternattve allocatton based
upon a findtng that such alternattve allocatton encourages the most
effective and effictent operation of the regional transportatton system
The Commtsston shall request the General Assembly, tn any
legtslatton tt may enact whtch estabhshes a source of dechcated
revenues, to permit the Commission to allocate such dedicated
revenues tn a manner conststent wtth thts proviston
Councd Lady McClanan was not comfortable wtth thts matter.
City Counctl's consideration of the Defintttve Agreement of the TRT/PENTRAN merger will be May 4,
1999
Aprt127, 1999
-8-
AGENDA RE VIE W SESSION
2:45 P.M.
ITEM # 44883
J1
Ordinance re LEASE of ctty-owned property at 2200 Parks
Avenue to the Contemporary Art Center of Virginia for a term
of five (5) years, commenctng May 2, 1999, and endtng Aprt130,
2004, and, authorize the Ctty Manager to enter into an
agreement wtth the Art Center (BEACH- DISTRICT 6)
Counctlman Branch advised as the lease had lapsed for two years, as long as the Ctty wtshes to have a
Contemporary Art Center, the verbiage of the agreement could state as long as thts wtll rematn an Arts
Center, the City will lease same for $1 O0 per year, so not to have to conttnually return to Ctty Counctl
The Ctty Attorney advised the reason tt ts a five-year lease ts State Code provides property can only be
leased up to five years wtthout tntttattng a publtc btd on the property The property could be transferred,
perhaps to the Development Authortty, tf City Counctl chose to have the lease longer than five years
However, under tts current status wtth tt having been owned by the City and leased by the ctty, the five-year
approach must remain
ITEM # 44884
J 4. Ordtnance to authorize temporary encroachments into aportton
of the Ctty's rtght-of-way at Mediterranean Avenue, 14th Street
and 16th Street by VIRGINIA BEACH PENTECOSTAL
CHURCH OF CHRIST re erectton and maintenance of four
directional signs (BEACH - DISTRICT 6) (Deferred Aprtl 13,
1999)
Councilman Branch advtsed Counctl Lady Parker had met wtth the applicant and tt was his understandtng,
they were allowed to have the stgns up for six months to provtde chrecttons. Vtce Mayor Sessoms suggested
DEFERRING until the City Council Session of May 4, 1999, tn order to provtde an update from Counctl
Lady Parker.
Council Ladies Eure and McClanan was concerned relative allowtng four stgns
ITEM # 44885
BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA
ORDINANCES/RES OL UTION
`11
Or&nance re LEASE of ctty-owned property at 2200 Parks
Avenue to the Contemporary Art Center of Virginia for a term
of five (5) years, commencing May 2, 1999, and enchng Aprt130,
2004; and, authorize the Ctty Manager to enter tnto an
agreement wtth the Art Center (BEACH- DISTRICT 6)
,12
Or&nance to APPROPRIATE $233,433 from grants and
ad&ttonal state fundtng to the FY1998-1999 Operating Budget
of the Community Services Board re addtttonal MH/MR staff
and vehicles necessary to servtce cltents, tncrease full-ttme
positrons by five (5), and, esttmated revenue be tncreased
accordtngly
,13
Ordtnance to grant CAVALIER TELEPHONE, L.L.C., a
temporary nonexclusive revocable license to construct, mamtatn
and operate telecommunication facilities in, over, under and
across the Ctty's pubhc ways, and, to authortze and direct the
City Manager to execute such Agreement
April 27, 1999
-9-
AGENDA RE VIE W SESSION
ITEM # 44885 (Continued)
,14
Ordtnance to authortze temporary encroachments into aportton
of the Ctty's rtght-of-way at Mediterranean Avenue, 14th Street
and 16th Street by VIRGINIA BEACH PENTECOSTAL
CHURCH OF CHRIST re erectton and mamtenance of four
directional signs (BEACH- DISTRICT 6) (Deferred Aprd 13,
1999)
J 5. Resolutton to authorize the adoption and promulgatton of
Amendment Number 5 of the Specifications and Standards
Manual developed by the Engtneertng Diviston of the
Department of Public }Forks.
,1. 4 was DEFERRED, BY CONSENT, untd the Ctty Council Sesston of May 4, 1999
Aprd 27, 1999
- 10-
,4 GENDA RE VIE W SESSION
ITEM # 44886
K 4. Apphcation of VIRGINIA BEACH PROFESSIONAL
FIREFIGHTERS LOCAL #2924for a Condtttonal Use Permit
for a_fraternal organtzatton lodge on the East stde of Prtncess
Anne Road, South of the tntersectton wtth Sandbrtdge Road
(2020 Prmcess Anne Road), contamtng 8 acres (PRINCESS
ANNE - DISTRICT 7)
Councd Lady Henley advtsed thts application is in compliance with the Comprehensive Plan, however, tt
ts sttuated tn the mtddle of the Transttton Area The ulttmate resolutton of this are has not been dectded
Councd Lady Eure tnqutred relattve the posstbthty of securtng a bingo permtt Asststant Ctty Attorney
Macah advtsed the applicant would be required to apply for a Condittonal Use Permtt before btngo could
be conducted
ITEM # 4488 7
K 5 Apphcattons of M and M DEVELOPMENT ASSOCIATES,
L.L. C., for Change qfZontng Dtstrict Classtficattons (PRINCESS
ANNE - DISTRICT 7)
a AG-1 and AG-2 Agrtcultural Dtstrtcts and R-20 Restdenttal
Dtstrtct to Condittonal 0-1 Office Dtstrtct on the following 8
acres
Parcel 1. West stde of General Booth Boulevard
beginning at a potnt 830feet more or less South of
Ferrell Parkway
Parcel 2 West stde of General Booth Boulevard
begtnmng at a potnt 480 feet more or less North of
Huckleberry Tratl.
AG-1 and AG-2 Agricultural Dtstrtcts and R-20 Restdenttal
Dtstrt ct to Con& tional A- 18 Apartment Dtstrtct on the Northwest
stde of General Booth Boulevard, 250feet more or less South of
Ferrell Parkway, contatmng 14 76 acres
Thts item will be &scussed durtng the Formal Sesston
ITEM # 44888
K6
Apphcation of TURNER and ASSOCIATES
REALTY, INC., for a Change of Zontng
Classtficatton from AG-2 Agricultural Distrtct to
Con&ttonal B-2 Communi~ Business Dtstrtct on the
South stde of Sandbrtdge Road at tts tntersectton wtth
Painters Lane, contatntng 2 148 acres (PRINCESS
ANNE- DISTRICT 7)
Vice Mayor Sessoms wtll advtse whether he must ABSTAIN on this ttem
ITEM # 44889
B Y CONSENSUS, thefollowtng ttems shall compose the PLANNING B Y CONSENTAGENDA.
K1
Apphcatton of DOUGLAS C. B URLA GE, INC., for a
Variance to Section 44(b) of the Subchvtston
Ordtnance whtch requires all lots created to meet all
requtrements of the Ctty Zontng Ordtnance (CZO) on
the East side of Baker Road, 165 feet North of
Wesleyan Drtve (BA YSIDE - DISTRICT 4)
April 2 7, 1999
-ll-
AGENDA RE VIE W SESSION
ITEM # 44889 (Continued)
K2
K3
K4
Apphcation of ROCK CHURCH for a Conchttonal
Use Permtt for a chtld care education center tn a
church at the Northeast tntersection of Kempsvdle
Road and Manor Drtve (580 Kempsvtlle Road),
contatmng 7 72 acres (KEMPSVILLE - DISTRICT2)
Appltcatton of LENWOOD B. IRELAND fora
Conchttonal Use Permtt for a communi_ty boat dock at
the Eastern extremtty of Sparrow Road on Parcel C-1,
subchviston of property of Lenwood B. and Robin S
Ireland, contaimng 8, 505 square feet (CENTER VILLE
- DISTRICT 1)
.4pphcatton of VIRGINIA BEA CH PROFESSIONAL
FIREFIGHTERS LOCAL #2924for a Conchttonal
Use Permtt for a fraternal organtzatton lodge on the
East stde of Prtncess ~4nne Road, South of the
tntersectton with Sandbrtdge Road (2020 Princess
,4nne Road), contammg 8 acres (PRINCESS ~4NNE -
DISTRICT 7)
Item K 2 wtll be DEFERRED, B Y CONSENT, until, the City Counctl Sesston of August 11, 1999
Aprt12 7, 1999
- 12-
CITY COUNCIL COMENTS
2:53 P.M.
ITEM # 44890
Mayor Oberndorf referenced the breathtaking glass Exhibition of Dale Chihuly at the Contemporary Arts
Center There was one httle boy who attended and remarked "this was better than a movte" This exhtbttton
ts reachtng chddren "Peter and the Wolf" at the amphttheater was attended by 3, O00parents, grandparents
and chddren The Vtrgtnta Symphony and the Spectrum Puppets parttctpated tn the productton This was
a phenomenal success and was sponsored by Chesapeake General Hospttal A CD gtft ofclasstcal mustc ts
presented to every chdd born in thetr hospttal
The magmficent Ballet Hispanica on Sunday, Aprd 25, 1999, performed at the Pavthon to a sold-out crowd
ITEM # 44891
Councdman Jones referenced the proposed Or&nance to Amend the Ctty Code pertatntng to Admissions
Tax by clartfytng and hmttmg the tax on free admtsstons and provtding exemptions for events benefitttng
chartttes This Ordtnance was chstrtbuted to Ctty Counctl and ts hereby made a part of the record
The City Attorney advtsed the tntent of the retroacttve provtston of the proposed ordtnance ts to clartfy Cay
Council's intent so that no taxes are collected and if they had been a refund would be granted The statute
of hmttations would not permtt collectton of taxes beyond 1996 The Ctty Attorney advtsed tn an effort to
moderntze the ordtnance and to reflect Ctty Councd's tntent, the amended ordtnances makes tt clear that
(1) admtsstons taxes wdl not be due on compltmentary ttckets, except where those ttckets are provtded tn
exchange for goods or servtces, (2) this provtsion wdl be effective retroacttvely, so as to clearly establish
the Ctty Councd 's tntent wtth regard to thts local revenue source, and, (3) that as of duly 1, 1999, no tax wdl
be levted on admtsstons charged for attendance at any event hem wholly for charttable purposes.
Promotions of free tickets to individuals out of the area for performances at the Amphitheater, and Mthtary
chscounts shall be revtewed. The Commtsstoner of the Revenue wdl be the tnterprettng officer The Ctty
Attorney wdl cltscuss these elements with the Commtssioner of the Revenue and make any addustments prtor
to scheduhngfor the Ctty Councd Sesston
Aprd 27, 1999
- 13-
M/tNA GEMENT RESO UR CE PLAN
3:05 P.M.
ITEM # 44892
Fagan D. Stackhouse, Dtrector of Human Resources, through the utthzatton of shdes, presented tnformatton
relattve Compensation and Benefits'
COMPENSATION
SCHOOLS CITY
3% step tncrease effective July 1, 1999
% of Employees ehgtble 89
1 5% General Increase effecttve January 1, 2000
All of Employees ehgible
4 5% Mertt Increase
Effective on Employees' Merit Date
% of Employees ehgible 91
A 2% structural AdJustment wtll be apphed to the
pay plans Employees do not recetve thts
tncrease, though earntng potenttal ts enhanced
HEAL TH BENEFITS
SCHOOLS CITY
Current Contribution
$2,1 O0 (21 O/month for 10 months) per employee
7/1/99 Contrtbutton
to be determtned
1/1/2000 Contrtbutton
to be determined
Current Contrtbutton
$2,100 ($175~month for 12 months)per
employee.
7/1/99 Contribution
$2,160 (180~month) per employee
1/1/2000 Contrtbutton
$2,280 (190~month) per employee
The City Manager advised he chd not reahze untd last Tuesday that the School Board had not tncorporated
the increased Health Care tnto thetr Budget Correspondence will be forwarded to the Chairman of the
School Board relattve thetr posttton prtor to the Ctty Councd ADOPTION of the Budget
SICK LEA VE PA YOUT A T TIME OF RETIREMENT
SCHOOLS CITY
Current.
$28/Day Unhmtted &ck Leave
Proposal'
Conttnue $28/Day Unhmtted Stck Leave
Current:
$21/Day up to 120 days of sick leave
Cost $2,520 Maxtmum per employee
Proposal
$28/Day for Unlimited Sick Leave
Mr Stackhouse advtsed the average sick leave cost per day is $134. Therefore, the proposed $28 O0
Compensation vs leave per day for unhmtted sick leave ss not that substantial
Mr Stackhouse advised House Bill 1762 is the Virginia Retirement System's normal retirement. Thts Btll
reduces the age of normal rettrement from 55 down to age 50. The General Assembly made this opttonal for
localjurischctions 55% of the city employees have less than l O years of service. 64% of the City employees
are under the age of 45 and 36% are over the age of 45.
The average number of employees who retire are approximately 81 Under thts plan, the number of
employees ehgtble for rettrement tn the year 1999 would be 165. Through the year 2009, there would be
approxtmately 973 employees tmpacted by thts new law Mr Block advtsed thts ss not "early rettrement"
Thts ss a change tn the definttton of normal rettrement The issue wdl be whether someone can afford to
retire.
Aprd 27, 1999
- 14-
M/tNA GEMENT RES O UR CE PLAN
ITEM # 44892 (Continued)
GENERAL ASSEMBLY LA WS OVER VIEW
LA W ACTION IMPA CT
HB1762
Virgtnta Retirement System,
normal rettrement
Completion of 30 years of
crechble service and 50 years
of age (25 years of crechble
service and 50 years of age for
Pohce and Ftre)
Effective July 1, 1999
UNLESS CITY COUNCIL
OPTS NOT TO PARTICIPATE
PRO VISION TAKES EFFECT
Workf orce demographtcs
Future workforce planning
(successton planntng)
Budget cost figures - $360,000
per year tncrease tn VRS
Impacts HB 189 - sick leave
balance to VRS credtts
GENERAL ASSEMBLY LA WS OVER VIEW
LA W ACTION IMPA CT
HB189 Rettrement System,
cre&table servtce. Mo&ties the
definition of credible service to
include uncompensated stck
leave credtts of employees'
rettrement date, certtfied by the
employer to the Board
Effecttve July 1, 1999
VRS member jurtschctions
cannot opt out.
Uncompensated stck leave turn
tnto cre&ble servtce
Calculated at actuartal cost or
20% of final average salary
Thts results in no tncreased cost
to the Ctty
GENERAL ASSEMBL Y LA WS 0 VER VIEW
LA W ACTION IMPA CT
HB2023
Volunteer Firefighters' and
Rescue Squad Workers'
Pension Fund
Estabhshes a voluntary
contribution rettrement plan for
certatn eltgtble volunteer
firefighters and rescue squad
workers to be admintstered by
the Pension fund Members are
requtred to pay $30 O0 per
quarter and payment wtH be
supplemented by General fund
of State Treasure
Ftre and Rescue Volunteers
may choose to participate tn
thts penston fund by
contrtbuttng $30. O0 per quarter
and state matchtng.
Must be 60 years of age wtth
20years of volunteer service
Effective July 1, 2000 Cost - none to the city
Informatton relattve the percentage of employees who recetve their merit increase after January First will
be provided. Mr. Block advised the average anniversary date for City employees is sometime in November
April 2 7, 1999
- 15-
MANAGEMENT RESO UR CE PLAN
ITEM # 44892 (Continued)
Mr Block advised within Strengthening Families (Youth and Family Opportunities), there are five budget
areas'
Comprehensive Services Act: Fundtng for foster care ts now
covered by Mechcatd Expanston of staff ts betng proposed for
foster care (4 postttons) The majortty of whtch will come from
Federal and State government (80%)
Health: The State Health Department changed the method by
whtch the funds are chstrtbuted wtth reducttons to WIC and
other famtly ortented programs The result was approxtmately
$53,000 of non-local fundtng was lost
Mental Health Expanston of mental health servtces to assisted
living arrangements
Social Services. State Mental Health Department performance
contract's control over the use of state funds
The Ordtnance scheduled for the Formal Sesston of Ctty Councd, ts the item whtch encompasses the number
of ttems referred to within the Budget
Ordtnance to APPROPRIATE $233,433from grants and addtttonal
state funding to the FY1998-1999 Operattng Budget of the
Community Services Board re addtttonal MH/MR staff and vehtcles
necessary to service clients, tncrease full-ttme postttons by five (5),
and, estimated revenue be tncreased accordtngly
Dr Terry Jenkins, Dtrector- Commumty Services Board, referenced the allocatton letter recetved from the
State approxtmately one week ago The allocatton letter only encompasses the fundtng received The
Department has not dectded how they wtll allocate the new fundtngpassed by the General Assembly thts last
sesston Apparently they do not tntend to make those decisions for another 30 to 60 days The Board will
probably return in June with the Performance Contract, which the City Counctl has to approve before tt ts
admitted to the Department. The Board mtght not know the new funchng sttuatton by thts point. The State
apparently wtshes to engage tn a newprocess At thts potnt, there has been tratntng across the State, but no
spectfic chrectton provtded
Mr Block advtsed the area of Operational Support encompasses'
Human Resources
Real Estate Assessor
Treasurer
Commissioner of the Revenue
Finance
General Services
Buildings Capital Improvement Program
Information Technology
Non-Departmental
Video Services
Various projects involved in Operational Support'
Consolidation of technology issues into Information Technology
(telecommunications deregulatton, emergency communtcattons, mapptng,
client service technologies and InterneO
Tax relief programs (seniors, food and personal property). Maxtmum net
worth of $80,000 to $100,000, and maxtmum tncome ehgtbtltty from
$22,000 to $25,000 A freeze on real estate taxes ts conttnued for an
tncome ltmit of $30, 000. There ts full exemptton for $16, 000 tncome level
These changes wtll result tn an tncrease tn the cost of the Sentor Real
Estate tax reduction program of an addtttonal $175, 000, tn the upcomtng
.fiscal year, which wtll brtng the total close to $2-MILLION for that
program
Aprt12 7, 1999
-16-
MANAGEMENT RESOURCE PLAN
ITEM # 44892 (Continued)
Technology, maintenance and replacement (Human Resources system,
Y2K and older systems).
Maintenance and replacement of equipment (rolling stock & heating and
air systems).
Enhancement of member communications
Celebrate 2000' This involves a cost of approximately $150,000 to plant
2, 000 trees durtng the Year 2000, alongpubhc rtghts-of-way and tn areas
of pubhcally owned property as a postttve effort to add more beauty to the
communtty.
Mr Jerald Banagan, Real Estate Assessor advtsed the tax relief program received 2,113 recipients (2 were
a deferral, 128 were under the freeze category, and 1,983 fell under the exemption) Of the 1,983
reciptents, 62% or 1,227 received the full exemption
Mr. Banagan advtsed the appratsers do not vtstt every property There are twenty (20) appraisers The
appraisor office visits properties recently sold, where butldtng permits are issued and those properties
requested by the owner. Mr Banagan believed tn the future another commerctal appratsal could be added
To date, hts office has recetved 333 appeals for assessments, however, there were only' 18 assessments
appealed to the Board of Equalization The Ctty ts dtvlded tnto over 900 neighborhoods wtth a separate
sale study for each one. Relattve commerctal properttes, an income approach ts utthzed for hotels, rental
properttes, shopptng centers, apartments and office butldtngs An tncome approach ts a method of converttng
net tncome to value by a capttaltzatton rate Thts capttaltzation rate ts dertved from examtntng the sale
price
The Ctty Manager advised the addttion of two new inspectors, one of whom wtll be a specialist developtng
a volunteerprogram. Trucks are being butlt which are hterally signs for businesses
Informatton will be provtded relattve the number of mtles per year the school buses are drtven.
Mr Block advtsed on May 4, 1999, City Counctl wdl be requested to complete a Reconciliation survey,
tdenttfytng thetr prtortttes for potenttal addtttons to the Resource Management Plan. Correspondence
forwarded on Aprtl 13, 1999, outhnes the avatlable fun&ng and ending balance on the Ctty side relattve
school technology.
Vtce Mayor Sessoms referenced the Boys and Girls Club betng butlt on Lynnhaven Parkway There is an
opportumty to butld a ltbrary tn conjunctton wtth the Boys and Gtrls Club Vtce Mayor Sessoms requested
the City staff revtew the posstbthty Counctl Lady McClanan satd thts was stmtlar to what was ortgtnally
planned The parktng sttuatton ts ideal
Councilman Jones requested the tssue of renting the Shopptng Center for the Baystde Ltbrary and postpone
consideration of the Bayside Ltbrary for approxtmately a year, wtth the posstbtltty of uttltztng the funds to
purchase land for a free standmg butldtng
Counctl Lady Henley referenced htstortcal preservatton and her concerns relattve the fire statton at
Sandbrtdge She had hoped funds would be avatlable for Open Space acqutsttton The tnfill parcels are now
comtng tn for rezontng The longer the City Counctl delays tn havtng some type of program to address thts
tssue of open space, the less opportunity there wtll be to address same The 7 ora cent whtch was enacted
tn the 1980's has all gone for matntatntng the parks and tf tt were to be used for open space acqutsttton,
these funds would be lost to park maintenance Counctlman Branch concurred wtth Counctl Lady Henley
and referenced the apphcatton of M and M DEVELOPMENT ASSOCIATES, L.L.C. for Condtttonal
Change of Zontng (PRINCES ANNE- DISTRICT 7) scheduled for the Formal Ctty Counctl Sesstons Counctl
Lady Eure advised thts Open Space Advisory Commtttee worked chh gently to present the report tn December
and it has never been adopted
Vtce Mayor Sessoms advised the Development Authortty Members have requested thetr monthly sttpend be
ratsed from $50.00 to $100.00. Thts ts wtthtn the legal requtrements of the State law
Council Lady Eure referenced the Planning Commission sttpend of $50. OO per meeting, the lowest tn the
State. Thts barelypays for thetr gasohne Henrico County receives $1,200 a month to serve on the Planmng
Commisston
Aprt127, 1999
-17-
MANAGEMENT RESO UR CE PLAN
ITEM # 44892 (Continued)
The Ctty staff wtll prepare a compartson report on all Boards and Commtsstons
Councd Lady Henley tnquired whether Ctty staff had the opportunity to analyze the Sandbridge Fire Station
proposal tn terms of the locatton and the financtng of the cost The Ctty Manager advtsed the Sandbridge
Fire Station needs to be replaced and there are seven sttes whtch have been tnvestigated Separate dectstons
wdl be made relattve locatton. Vice Mayor Sessoms advtsed the Sandbrtdge Communtty inchcated $500,000
more ts betng expended on constructton relattve the location that ts free than the constructton costs would
be at other locattons. Councd Lady Henley referenced the staff's letter advtstng tf the land for the
Sandbridge Fire Station stte were acqutred tn Sandbrtdge and the donated stte was not utdtzed, then the
cost would be 8/10 of SI-MILLION to a $1-MILLION addtttonal cost The Ctty Manager advtsed stnce then
there have been two other offers whtch have come forward, one from the Fish and Wddhfe whtch mtght
provide free land
The Ctty Manager advtsed all the cost alternattves must be revtewed Mr Block advtsed there ts no bingo
area spectfied tn the Sandbridge Fire Station.
Councd Lady Henley referenced the proposal for an interim sub station Rescue Squad for the Courthouse
facthty on Patnters Lane. Mr Block advtsed this does not have to be addressed tn the Budget There ts no
cost to the Ctty as they have been advtsed thts ts purely a volunteer effort
Mayor Oberndorf referenced the maintenance of buildings She attended a poetry reading by young people
parttctpating tn a contest relattve the Old Coast Guard Statton and the Central Library The wallpaper ts
coming off the walls at the entrance to the theater The carpet ts coming apart at the seams and there ts
water damage upstatrs The City Manger advised all of the requtred matntenance at the Central Library
is funded within the Budget.
Mr Block advtsed there are 59 additional personnel requested., 15 of which arepolice and 11 are deputies
(26 of the 59 are direct law enforcement)
Council Lady Eure congratulated the Mayor on the Lifetime Achievement Award. for Volunteers.
Aprd 27, 1999
-18-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
April 27, 1999
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, City Hall Budding, on Tuesday, April 27, 1999, at 6. O0 PM.
Council Members Present'
Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf Vtce Mayor Wilham D. Sessoms, Jr and A. M
"Don" Weeks
Councd Members Absent
Harold Hetschober
[ABSENT DUE TO ILLNESS]
Nancy K Parker
[MOTHER VERY ILL IN CHARLOITE, NORTH
CAROLINA]
INVOCATION
Reverend Terry Rolen
Ftrst Church of God of Vtrgima Beach
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, betng a Corporate Officer of Wachovia Bank, chsclosed there were no matters on the
agenda tn which he has a "personal interest", as defined tn the Act, etther inchvtdually or tn hts capactty as
an officer of Wachovta Bank wtth the exception of K 6 (TURNER AND ASSOCIATES) for which he wtll
ABSTAIN The Vtce Mayor regularly makes thts Disclosure as he may not know of the Bank's tnterest tn any
apphcation that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 4, 1999, is hereby
made a part of the record
April 27, 1999
Item VI-E
-19-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 44893
An EXECUTIVE SESSION was not conducted
Aprt127, 1999
Item VI-F 1
- 20-
MINUTES
ITEM # 44894
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Cay Counctl APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of Apri113, 1999, and the PUBLIC HEARING:
MANAGEMENT RESOURCE PLAN of April 15, 1999.
Typographical error of the Minutes of April 13, 1999 was CORRECTED:
Title Page:
Council Members Absent:
Reba S. McClanan
[ENTERED: 9:20 tYM. A.M.]
William W. Harrison
[ENTERED: 11:18 t~M. A.M.]
Vottng. 9-0
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E
Oberndorf , Vtce Mayor Wtlham D Sessoms, Jr. and A M "Don" Weeks
Counctl Members Voting Nay'
None
Council Members Absent
Harold Hetschober and Nancy K Parker
Aprt127, 1999
Item VI-G.I.
- 21 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 44895
BY CONSENSUS, Ctty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Aprt127, 1999
Item VI-H. 1.
- 22 -
PROCLAMATION
ITEM ii 44896
Mayor Oberndorf PROCLAIMED:
MA Y 1, 1999
SPECIAL OLYMPICS DA Y
Robert Mdler- Prestdent- Area II, and Anthony Sweeney, Athlete, ACCEPTED the Proclamatton on behalf
of all the athletes in attendance Thts Proclamatton declared the Spectal Olymptcs ts an tnternattonal
movement of sports tratmng and competttton whtch gtvens chtldren and adults who are mentally challenged
an opportuntty to develop thetr phystcal sktlls and &splay thetr abtltttes and ful, fill thetr human potenttal
The Area H Annual Track and Field Games will be held on Saturday, May First at Bayside High School
in Virginia Beach
Mr Mtller tntroduced the Coaches and athletes tn attendance and advtsed the Virginia Beach Games wtll
be held on May 8, 1999, at Plaza Mtddle School
April 27, 1999
Item VI-H.2.
- 23 -
SURFING ACCESS FOR
EVER YONE (SA FE)
ITEM # 4489 7
Dave Jester, 200 65tn Street, Phone 422-8175 and John Hooker, 109 77th Street, 428-8816, representing
SAFE, presented a proposal relative Safe Surfing Access for Everyone The current surfing or&nance
was adopted tn 1965 and ts now 34years old The world of surfing has changed dramattcally, both socially
and technologically Mr. Jester &splayed a very large surfing board, which was the typical board utthzed
tn 1965. It wetghed 50-60pounds Mr Jester dtsplayed surJboards utdized today by the younger generatton
and older adults Today, the adult board wetghs 12pounds and the smaller surfboard wetghs 5 ~ pounds
Many of today's surfboarders are successful bustnessmen and women, many of whom have chosen to hve
near the beach because of thetr love for the ocean and surfing Surfing generates tn excess of $20-
MILLION tn revenues to Vtrgtma Beach The Ctty's surfing ordtnance ts one of the most restrtcttve tn the
Umted States Even when there ts no surfing, there ts stall a parktng problem tn the Cay In all probabdtty
hfttng restrtcttons wall not create more surfers, but tt wdl help spread them out and reduce the dangers we
now have from restricted times and overcrowded condittons
Mr. Hooker referenced City Code Section 6-116, pertatmng to Surfing. SAFE is requesting the restrtcttons
be deleted from 42nd Street north to Fort Story and Rudee Inlet South to Little Island Park. From
Memorial Day to Labor Dayfrom IO:OO A.M. to 4:00P. M. on week days and lO:OO A.M. to 6:00P. M. on
weekends and holidays There ts no surfing tn these areas. However, boogte boards are allowed to use these
areas Mr Hooker cited the Comprehensive Plan
Ron Pearson, 6204 Ocean Front Avenue, Phone 437-9131, presented an alternative proposal. Surfing
during currently restrtcted trines should be considered a prtvdege, not artght Surfers descrtbtng this
prtvilege should register with the City and be requtred to wear a vtstble number whde surfing Numbers wdl
allow those on the beach or tn the water to easdy tdenttfy those few who endanger others wtthout provoktng
a confrontatton A qmck call to the Ctty can tdenttf-y the offender. Follow-up tntervtews can determtne
whether theprtvdege of surfing during restrtcted hours should be revoked Surfers who are safe wdl be able
to surf durtng currently restrtcted hours, those who are not safe wdl be weeded out
An Ordinance shall be SCHEDULED wtthin the next two weeks
Aprtl 2 7, 1999
Item VI-H. 3.
- 24 -
FALSE CAPE LODGE
ITEM # 44898
Donald Maxwell, Dtrector- Department of Economtc Development, expressed apprectatton to the Council
Ltatsons for thetr valuable asststance tn the False Cape Project Counctl Members Reba S. McClanan and
Louts R Jones
The purpose of the False Cape Lodge ts to provtde an eco-tourtsm facthty, whtch wtll contatn approxtmately
200 rooms and meettng space In additton, tt wtll limit development of privately owned B-4 zoned property,
whtch has the potenttal to brtng tn over 1200 condomtntums and hotel units The reductton tn development
will asstst tn protecting the fragtle environment located wtthtn the area As a result of the Economtc
Feastbihty Study, three hotel enttttes expressed defintte tnterests and were selected tn submttttng proposals
If the Ctty ts able to obtatn the optton for the land, they wtll be able to move forward wtth the proposal
sohcttattons whtch wtll take approxtmately 90 days The Ctty owns Little Island Park. There ts a 7-acre
parcel of land which ts located wtth an ocean mew The final parcel of land conststs of l O acres of land,
whtch ts owned by Doug Wtlktns and Stuart Prectt and tt borders the property to the north of Ltttle Island
Park Thts is the property, which ts B-4 zoned and would allow for a stgntficant amount o.[ development on
this stte
Mr Maxwell displayed a concept of the proposed False Cape Lodge No development on thts stte could
exceed 55-feet Parking would be requtred in the restdenttal untts on the ground level Any restaurant must
be comparable to a "chart house" type of restaurant. The martna must have floattng shps, salt treated
lumber, galvanized steel, comparable to the shps at the Salt Ponds Marina tn Hampton Restaurant and
business use wtll be comparable to Scarborough Square tn Duck, North Carohna The tdea ts to hmtt the
development on the 4 ~ acres Once the optton has been exercised, there wtll be a one month pertod tn order
to reach settlement The owners wtll also have to retmburse the Ctty $42,500for the cost of the feastbthty
study. The owners also tntend to donate to the Ctty approxtmately 5 acres of wetlands to the west of
Sandpiper Road and may reserve the martna access rights mto that, as well as dredgtng rtghts The askmg
price on theproposal will be $7-MILLION. For anyprtce of over $7-MILLION that would bepatd, the City
would recetve any non-staff Ctty expenses related to the sale t e. surveys and studtes for clostng to occur
An Ordinance to TRANSFER $100,000 from the Tourtsm and Growth Investment Fund Reserve for
Conttngencies to the FY 1998-1999 Operattng Budget of the Department of Economic Development re
purchase of an assignable option on approxtmately five acres of oceanfront property adjacent to Little
Island Park at Sandbridge, and, to authorize the Ctty Manager to execute the Optton Agreement wtll be
SCHEDULED for the Ctty Counctl Sesston of May 4, 1999
If the optton ts exerctsed, the cost will be passed on to the hoteher or developer who wtll be entertng tnto
the agreement
Aprt127, 1999
Item VIJ.
- 25 -
PUBLIC HEARING
ITEM # 44899
Mayor Oberndor. f DECLARED a PUBLIC HEARING'
LEASE OF CITY-OWNED PROPERTY
200 Parks Avenue (BEA CH- DISTRICT 6)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Aprd 27, 1999
Item VI-J.
- 26-
ORDINANCES/RES OL UTION
ITEM # 44900
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Councll APPROVED IN ONE
MOTION, Ordinances/Resolution 1, 2, 3, 4 (DEFERRED) and 5 of the CONSENT AGENDA
Item 4 was DEFERRED, BY CONSENT, until the City Council Session of May 4, 1999
Voting: 9-0
Council Members Voting Aye
Llnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Vice Mayor William D Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay'
None
Council Members Absent:
Harold Heischober and Nancy K Parker
April 27, 1999
Item VI-J 1.
-27-
ORDINANCES/RESOL UTION
ITEM# 44901
Upon morton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Cay Councd ADOPTED:
Or&nance re LEASE of city-owned property at 2200 Parks Avenue to the
Contemporary Art Center of Virginia for a term of five (5) years,
commenctng May 2, 1999, and enchng Aprt130, 2004, and, authorize the
City Manager to enter tnto an agreement wtth the Art Center (BEACH -
DISTRICT 6)
Voting 9-0 (By Consent)
Counctl Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay'
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Apnl2Z 1999
AN ORDINANCE TO APPROVE THE LEASE OF
A PARCEL OF CITY-OWNED PROPERTY AT
2200 PARKS AVENUE TO THE
CONTEMPORARY ART CENTER OF VIRGINIA
WHEREAS, by agreement dated June 23, 1986, the City of
6 Virginia Beach leased to the Virginia Beach Art Center, Inc., for
7 a term of five (5) years, a parcel of property located at 2200
8 Parks Avenue adjacent to 1-44, together with all improvements
9 thereon (the "Property");
10
WHEREAS, by agreement dated January 7, 1992, the City
11 leased the Property to the Virginia Beach Center for the Arts
12 (successor to the Virginia Beach Art Center, Inc.) for an
13 additional five-year term, commencing October 1, 1991, and ending
14 September 30, 1996;
15
WHEREAS, the Contemporary Art Center of Virginia
16 (successor to the Virginia Beach Center for the Arts) has continued
17 to occupy and use the Property as an arts center since September
18 30, 1996, in the status of a holdover tenant, and desires to
19 continue its lease of the Property pursuant to a formal lease
20 agreement for another term of five (5) years; and
21
WHEREAS, the City desires that the Property continue to
22 be used and occupied for the purpose of enhancing the public's
23 access to art and culture in the City.
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
That City Council hereby approves the City's lease of the
27 Property to the Contemporary Art Center of Virginia for a term of
28 five (5) years, commencing May 1, 1999, and ending April 30, 2004;
29 and
30 . BE IT FURTHER RESOLVED:
31
That the City Manager is hereby authorized to enter into
32 a lease agreement with the Contemporary Art Center of Virginia,
33 which agreement shall be in substantial conformance with the
34 agreement which is attached hereto as "Exhibit A" and is hereby
35 incorporated by reference.
36
Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 27th day of April
, 1999.
CA-7337
OD I N\ NONCODE ~ CONTEMPORARYART . ORD
R-3
PREPARED: April 7, 1999
APPROVED AS TO CONTENT:
Department of Museum~ ' a~d
Cultural Arts
APPROVED AS TO LEGAL
Department of Law
TERM SHEET
Property:
9.617 acres with building and other improvements thereon located at 2200
Parks Avenue at the terminus of, and adjacent to, 1-44.
Lessor:
City of Virginia Beach
Lessee:
Contemporary Art Center of Virginia
Length of Lease: Five (5) years, beginning May 1, 1999, and ending April 30, 2004.
Rem:
One dollar ($1.00) per year.
Use of Property: To enhance the pubhc's access to art and culture in the City.
Hours of Operation:
At discretion of Lessee; provided, however, that the faclhty must be open to
the general public for a least 120 days per year and at least 1,000 hours per
year.
Other Terms:
o
Official name of the facihty cannot be changed without prior written
consent of the City.
,
Plaque must be displayed at entrance to the faclhty, recognizing the
City as owner and a pnnclpal in estabhshment of the facility
EXHIBIT A
LEASE AGREEMENT FOR
CONTEMPORARY ART CENTER OF VIRGINIA
THIS AGREEMENT (the "Lease") is entered into as of the
day of May,
1999, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of
the Commonwealth of Virginia, (the "City") and the CONTEMPORARY ART CENTER OF
VIRGINIA, a corporation of the Commonwealth of Virginia, (the "Tenant").
WITNESSETH:
That the City, for and in consideration of the rent, and of the covenants and
agreements to be kept and performed by the part~es hereto, agrees to rent and does by these presents
hereby rent to the Tenant, and the Tenant does hereby accept said Lease upon the terms and
conditions set forth herein, all that certain piece, parcel or tract of land, together with any and all
appurtenances thereon, belonging, lying, s~tuate and being in the City of Virginia Beach, Virginia,
the following described property (the "Premises), to-wit:
All that certain 9.617 acres of pieces or parcels of land as shown on that certain
subdivision plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT &
VACATION OF RIGHT OF WAY LINES & RESUBDIVISION OF PROPERTY
TO THE NORTH AND SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE
CITY OF VIRGINIA BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA,
DATED NOV. 26, 1990, REV. DATE: FEB. 7, 1991, REV. DATE: MAR. 7, 1991,
REV. DATE: APR. 10, 1991, SCALE: 1" = 100"', a copy of which is recorded in
the Clerk's Office of the Circuit Court of the City of V~rginia Beach, Virginia in Map
Book 211 at Page 96-97.
GPIN: 2417-88-0355
This Agreement and Lease is conditioned upon the following terms, conditions, and
covenants.
1. Term. The term of this Lease shall be for a period of five (5) years,
commencing on Mayl, 1999, and ending at midnight on April 30, 2004, with the intention of
renewing this lease, to the extent permitted by law, as long as both parties are dedicated to preserving
the artistic nature of the CONTEMPORARY ART CENTER OF VIRGINIA (the "Building") and
operating an activity which enhances the cultural identity of the City of Virginia Beach.
2. Rent. The total rent for the term hereof and any renewal term hereof shall be
one dollar ($1.00) per annum, which the Tenant shall pay to the City, in advance, at such place as
may be designated by the City.
3. Use. The Tenant will use and occupy the Premises for purposes of enhancing
the public's access to art and culture in the City of Virginia Beach. Such use and occupancy may
include, without limitation, art exhibits and related special events, receptions and meetings, art
classes, the operation of gift shops and food and beverage concessions, theatre and recreational
purposes, and fund-raising activities which are intended to preserve the artistic nature of an arts
museum.
The Building must remain open to the general public for at least 120 days per year
and for at least 1,000 hours per year.
The Tenant agrees to abide by, observe and comply with all federal, state, and
municipal laws, ordinances and regulations applicable to its use and occupancy of the Premises and
with any covenants and restrictions to which the Premises are now or may hereafter be made subject.
The Tenant further agrees that It will not do or permit any act or thing or omit any act or thing which
conflicts or otherwise fails to comply with the terms of any policy of insurance covering the
Premises.
The Tenant shall not use nor permit the Premises to be used for any purpose other
than as stated in this section of the Lease without prior written consent of the City, which consent
shall not be unreasonably withheld.
4. Notice. Any notice provided for or required by this Lease shall be deemed
to have been delivered on the date that such notice has been personally delivered or deposited in the
U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows:
(A)
To the City:
C. Mac Rawls, Director
Department of Museums and Cultural Arts
City of Virginia Beach
Virginia Beach, Virginia 23456
(B)
To the Tenant:
CONTEMPORARY ART CENTER OF VIRGINIA
2200 Parks Avenue
Virginia Beach, Virginia 23451
5. Name. The official name of the Tenant's operation shall not be changed
without the prior written approval of the City, which approval shall not be unreasonably withheld.
,
Signs. Tenant shall install and mmntain during the term of this Lease a plaque,
prominently displayed at the entrance to the building, giving recognition to the City as a principal
in the ownership and establishment of the Premises. Such plaque, together with any other sign
located on the Premises, shall be constructed and maintained in accordance with applicable State and
local laws and shall be approved by the City, which approval shall not be unreasonably withheld.
7. Attachments. The following document is attached hereto and such document
shall be incorporated herein by reference:
(A) Exhibit A - Insurance Obligations
8. Default. If, after receiving written notice from the City, the Tenant fails to
complete performance within forty-five (45) days thereafter or within such additional time as may
be reasonably necessary, of any covenant or agreement to be performed by the Tenant herein, or
causes material damage to or neglects the Building, the City may reenter the Premises, and terminate
the Lease. In addition, the City shall retain the right to sue for damages as allowed by law and to
pursue such other remedies as are available at law or in equity.
9. Indemnification. The Tenant agrees to indemnify the City against all
liabilities, expenses and losses incurred by the City as a result of (a) failure by the Tenant to perform
any covenant required to be performed by the Tenant hereunder; or (b) any accident, injury, or
damage which happens in or about the leased Premises or results from the condition, maintenance
or operation of the leased Premises.
The City shall not be liable for any loss, injury, death, or damage to persons or
property which at any time may be suffered or sustained by the Tenant or by any person who may
at any time be using, occupying or visiting the Premises or be in, on, or about the same, whether
such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any
act, omission, or negligence of the Tenant or any occupant, visitor, or user of any portion of the
Premises, or shall result from or be caused by any other matter or thing whether of the same kind or
of a different kind than the matters or things above set forth. The Tenant shall indemnify the City
agmnst all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death,
or damage. The Tenant hereby waives all claims against the City for injuries to person or property
in or about the Premises, from any cause arising at any time.
The Tenant further agrees to defend, indemnify, and hold harmless the City, its
employees, agents, and volunteers from any and all liability and/or damages for injuries to persons
or damage to property arising out of the acts or omissions of the Tenant, or the Tenant's agents or
employees under this Lease.
Notwithstanding the above, the Tenant shall not be required to indemnify the City
against any liabilities, expenses or losses incurred by the City, nor shall the Tenant be liable for any
loss, injury, death or damage to persons or property, which result from the sole negligence of the
City or any of its agents, officers or employees.
10. City/Tenant Services, Maintenance, Repair and Alterations. City shall, at
City cost: (A) maintmn the Premises in good condition and repmr, ~ncluding all buildings and
improvements, sidewalks and landscaping; (B) provide payment for all water and sewer and
stormwater utility costs and fees and solid waste collection; and (C) approve in advance the
acquisition or installation by the Tenant of any equipment it is expected to maintain. The grounds
will be maintained by the City ~n a manner consistent with the municipal nature of the Property.
The City shall, upon prior not~ce to the Tenant, have access to the Building, at reasonable intervals
during normal business hours, for purposes of reexamining or repairing the Building, and the City
may enter at any time for emergency repairs. However, the City shall not unreasonably interfere
with the Tenant's use of the Building. The City shall have the right to establish reasonable rules and
regulations governing the use and occupancy of the Premises. The Tenant shall pay for
telecommunications fees and services and other utilities unless specified to be paid by the City.
Additionally, the Tenant shall provide written security procedures designed to reasonably protect
the Building, against damage, which procedures must be approved by the City.
The Tenant shall not perform any repairs upon the Premises, structural or otherwise,
unless nfinor in nature and approval of the City is first obtained, but shall use its best efforts to
maintain the Premises in a neat and orderly condition. The City shall maintain the Premises,
including all buildings and improvements, sidewalks and landscaping in good repair.
No alterations, improvements or additions of a permanent nature shall be made to the
Premises without the prior written approval of the City, which approval shall not be unreasonably
withheld. Such alterations, improvements and additions must comply with all applicable building
codes, ordinances and regulations. Any such alterations, ~mprovements or additions shall be at the
sole expense of the Tenant and Tenant shall indemnify the City against any expense or damage to
the Premises as a result thereof. There shall be maintained at the Tenant's sole expense, at all times
when any alteration, improvement or addition is in progress, worker's compensation insurance in
accordance with state law covering all persons employed in connection with any such alteration,
improvement or addition, and general liability insurance for the Tenant covering the additional
hazards resulting from any such alteration, improvement or addition.
Upon the termination of this Lease, the Tenant shall dehver the Building to the City
in a clean condition, excepting ordinary wear and tear or loss or damages caused by fire or other
casualty.
11. Furnishings. At the expiration or earlier termination of this Lease, should the
Tenant fail to remove any furnishings or other personal property owned by Tenant within ten (10)
days of the date of such expiration or termination, the Tenant shall be deemed to have waived all
rights to any such furnishings or other personal property not so removed.
12. Fire or Casualty. Except as otherwise provided herein, in the event the
Building, or improvements on the Premises or any part thereof, are damaged or destroyed by fire or
other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. All
insurance proceeds arising from such damage or destruction shall be made available to the City and
the Tenant, as their interest may appear. The C~ty is not obligated to rebuild the Premises in the
event of damage or destruction by fire or other casualty.
13. Assignment and Subletting. The Tenant shall not assign this Lease in whole
or in part or sublease all or any part of the Premises without the prior written consent of the City.
Any such sublease or assignment without consent shall be void, and shall, at the option of the City,
terminate this Lease. The provisions of this paragraph shall not be applicable to any contract or
agreement between the Tenant and a third party involving the temporary short-term occupancy of
the Premises by such third party for (i) an art display, exhibit, forum or similar event, or (ii) the
provision of ancillary services (e g., catering) associated with any such event.
14. Surrender. Upon the expiration or earher termination of this Lease, the Tenant
shall surrender to the City the Premises in a clean condition, fair wear and tear excepted.
15. Severability. If any provision of this Lease or its application to any person
or circumstance shall to any extent be determined to be invalid or unenforceable, the remainder of
this Lease, or the application of such provision to persons or circumstances other than those as to
which it is determined to be invalid or unenforceable, shall not be affected, and each remmning
provision of this Lease shall continue to be valid and enforceable to the fullest extent permitted by
law.
16. Rules and Regulations. The Tenant, on behalf of itself and its agents,
employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all
reasonable rules and regulations, adopted by the City from time to time with respect to the
occupancy of or operations on the Premises. The City shall not be liable for the nonobservance or
violation by the Tenant, or any agent, employee, contractor, invitee or licensee of the Tenant, of any
rules and regulations.
17. Required Approvals. All approvals required herein must be obtained in
writing. The Director of the Department of Museums and Cultural Arts shall be responsible for
administration and oversight of this Lease.
18. Non-Discrimination. During the term of this Lease, the Tenant agrees that
it will not discriminate against any person, including, without limitation, any artist, exhibitor,
contractor, vendor, employee or applicant for employment, on the basis of such person's race,
religion, color, sex, natxonal origin, or disability.
19. Environmental Concerns. The City hereby warrants to the Tenant, that, to the
best of the City's knowledge, without the requirement for independent investigation, no hazardous
material such as petroleum products, asbestos and any other hazardous or toxic substance has been
used, disposed of, or is located in either the Building or the soil or groundwater on or under the
Premises. Any costs associated with violations of the law including, but not limited to, remediations,
clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on
the City by any regulatory agency or by any third party as a result of the noncompliance with federal,
state or local environmental laws and regulations or nuisance statutes by the Tenant or by its
employees, contractors, consultants, subconsultants, or any other persons, corporations or legal
entities retained by it for the Premises, shall be paid by the Tenant.
20. Liens - Tenant's Duty to Keep Premises Free of Liens. The Tenant shall keep
the Premises and every part thereof and all buildings and other improvements at any time located
thereon free and clear of any and all mechanics', materialmen, and other liens for or arising out of
or in connection with work or labor done, services performed, or materials or appliances used or
furnished for or in connection with any operations of the Tenant, any alteration, improvement or
actions which the Tenant might make or cause to be made by any person or persons other than
employees, contractors or agents of the City, on or about the Premises, and at all times promptly and
fully pay and discharge any and all claims upon which such lien may or could be based, and to
indemnify the City and all of the Premises and buildings and improvements thereon against all such
liens and claims of liens and related lawsuits.
21. Governing Law: This Lease shall be construed and governed by the
applicable laws of the Commonwealth of Virgima. Venue of any suit brought to enforce the terms
of this Lease or arising from the rights, liabihttes or obligations set forth herein shall be filed in a
court of competent jurisdiction in the City of Virginia Beach.
IN WITNESS WHEREOF, the City and the Tenant have duly executed this
Agreement as of the date first written above.
CITY OF VIRGINIA BEACH
By:
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
ATTEST:
CONTEMPORARY ART CENTER OF VIRGINIA.
Corporate Secretary
By:
President, Board of Directors
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,1999, by
, City Manager/Authorized Designee of The City Manager,
on behalf of the City of Virginia Beach, Virginia.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t:
The foregoing instrument was acknowledged before me this
day of
,199__, by RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia
Beach, Virginia.
Notary Pubhc
10
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing ~nstmment was acknowledged before me this
day of
,199__, by
, President, Board of Directors, and
, Corporate Secretary, on behalf of the CONTEMPORARY
ART CENTER OF VIRGINIA, a Virginia corporation.
Notary Pubhc
My commission expires:
F ~DataL4~TY\Ordin\NONCODEkARTCTR LSE
~ .'.~TY ATTO~
11
EXHIBIT "A"
INSURANCE OBLIGATIONS
m.
The City's Insurance Obligations.
The City may at its discretion provide programs of insurance and/or
self-insurance to cover physical damage to or loss of the building due
to fire, flood, or other casualty.
Bo
The Tenant's Insurance Obligations.
The Tenant shall, at all times during the Term at its own cost and
expense, carry commercial general liability insurance on the Premises
with limits of not less than $1,000,000.00 combined single limit. The
Tenant shall also carry "all-risk" casualty insurance, written at
replacement cost value and with replacement cost endorsement,
covering all the Tenant's personal property in the Building (including,
without limitation, fixtures, floor coverings, furniture, and other
property removable by the Tenant under the provisions of the Lease
) and all Leasehold improvements installed in the Building by or on
behalf of the Tenant and if, and to the extent permitted by law,
worker's compensation or similar ~nsurance.
All liability insurance pohcies shall be written by companies
authorized to conduct the business of insurance in the Commonwealth
of Virginia and acceptable to the C~ty, shall be written in a form
acceptable to the City and shall name the C~ty as an additional named
insured. Each such policy shall also contain a provision prohibiting
cancellation without thirty (30) days prior written notice to the City
or its designee. Certificates of such ~nsurance shall be delivered to
the City promptly after the issuance of the respective policies. If the
Tenant fails to prowde or maintain such liability insurance, the C~ty
may, but shall not be obligated to, do so and collect the cost thereof
as Additional Rent.
12
Item VI-J.2.
- 28 -
ORDINANCES/RES OL UTION
ITEM # 44902
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Council ADOPTED:
Or&nance to APPROPRIATE $233,433 from grants and addtttonal state
fundmg to the FY1998-1999 Operattng Budget of the Community Services
Board re additional MH/MR staff and vehicles necessary to servtce
chents, mcrease full-ttme postttons by five (5), and, esttmated revenue be
tncreased accordtngly
Voting 9-0 (By Consent)
Council Members Vottng Aye
Linwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Aprtl 27, 1999
AN ORDINANCE ACCEPTING AND
APPROPRIATING $10,768 FROM GRANTS
AND APPROPRIATING $222,665 OF
ADDITIONAL STATE FUNDING TO THE FY
1998-99 OPERATING BUDGET OF THE
COMMUNITY SERVICES BOARD TO PROVIDE
ADDITIONAL SERVICES FOR CLIENTS
WHEREAS, the Commonwealth of Virginia has awarded the
9 Community Services Board ("CSB") $10,768 in grants to implement a
10 "Safe from the Start" program within its Substance Abuse Division;
11
WHEREAS, $222,665 of other revenue from the Commonwealth
12 of Virginia is available to be appropriated to enhance current
13 client services for Mental Retardation division clients; and
14
WHEREAS, an additional 5.0 full-time equivalents must be
15 created to provide the additional services made possible by this
16 funding.
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19
1. That $10,768 in grant funding is hereby accepted from
20 the Commonwealth of Virginia and appropriated to the FY 1998-99
21 Operating Budget of the Community Services Board ("CSB") for its
22 Substance Abuse Division to implement a "Safe From the Start"
23 program;
24
2. That $222,665 of additional revenue from the
25 Commonwealth of Virginia is hereby appropriated to the FY98-99
26 Operating Budget of the CSB to provide additional staff and
27 vehicles necessary to serve Mental Retardation division clients.
28
3. That the number of full-time equivalent positions in
29 the CSB's FY 1998-99 Operating Budget is hereby increased by 5.0;
30 and
31
4. That estimated revenue in the CSB's 1998-99 Operating
32 Budget is hereby adjusted to reflect $233,433 in new revenue.
32 Adopted by the Council of the City of Virginia Beach,
33
34
35
Virginia, on the27thday of April ,1999.
Requires an affirmative vote by a majority of members of
City Council.
36
37
38
39
CA-7305
ORDIN~NONCODE ~MHMR. ORD
R-3
PREPARED: APRIL 7, 1999
40
41
42
APPROVED AS TO CONTENT:
Management Servi~ss
43
44
45
46
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's ~fice ' -
COMMUNITY SER BRD Fax 757-490-5756 apr 22 '99 9 20 P. 03
Jarne~ S Odmor~, III
Governor
COMMONWEALTH of VIRGINIA
Office of the Governor
October 16, 1998
Ms Pat Bamer
Acting Prevention SupervIsor
Virginia Beach Community Servmes Board
Pembrook Six, Suite 129
V~rgin~a Beach, VA 23462
b'*}ur*l~ ~. *Ybarra
S~cr~tar~ t~f Tvaraportat~on
Dear Ms Bamer
Safety has been and will continue to be a high priority in Virginia's transportation system. An ~ntegral
component ~s a full commitment to highway safety. I continue to be committed to making safety a cornerstone ofthe
Commonwealth's muitimodal transportatmn systems.
As Governor James G~lmore's Secretary of Transportation, I am pleased to inform you that the following
highway safety project proposal, Safe FromThe Start, OP99~27-55427, has been approved in the amount of $10,000.00
A copy of the final approval form xs enclosed for your records.
Before proceeding w~th the objectives in your highway safety project application, as the project director, you
and the authorizing official must sign the enclosed project agreement (TSA-12). No payments w~ll be reimbursed to you
unt~! the signed project agreement has been returned to Jim Shelbume, Program Supervisor, DMV, P. O Box 27412,
Richmond, Virginm 23269 Upon release of federal fund~, all monies obligated under these agreements must be
expended by September 30, 1999 (Please refer to page three of your project appimation for other condaions and/or
addenda)
Also enclosed are reimbursement request forms (TSA-15) for your use in requesting payment under your project
guidelines
I am excited about the prospect that your project w~ll have a positive impact on highway safety for all Virginians.
I personally want to thank you for taking the time and effort to contribute to a safer Virgima
Sincerely,
Shirley J. Ybarra
S,FY sbc
Enclosures
PO Box 1475 · Richmond. Vir~tlma 23218 · {804) 786.8032 · TDD 1'8041 786.7765
Item
- 29-
ORDINANCES/RES OL UTION
ITEM # 44903
Upon motion by V~ce Mayor Sessoms, seconded by Councilman Jones, Ctty Counctl ADOPTED:
Ordtnance to grant CAVALIER TELEPHONE, L.L.C., a Temporary
Nonexclusive Revocable License to construct, mamtatn and operate
telecommunication facilities in, over, under and across the Cay 's pubhc
ways, and, to authortze and direct the City Manager to execute such
Agreement.
Vottng 9-0 (By Consent)
Councd Members Vottng Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor Wdliam D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Councd Members Absent.
Harold Hetschober and Nancy K Parker
April 2 7, 1999
AN ORDINANCE GRANTING TO CAVALIER TELEPHONE, L.L.C. A
TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT,
MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES IN,
OVER, UNDER AND ACROSS THE PUBLIC WAYS OF THE CITY
WHEREAS, Cavalier Telephone, L.L.C. (hereinafter "Cavalier")
8 is a telecommunications carrier, as defined in Section 3 of the
9 Communications Act of 1934, as amended (47 U.S.C. § 153); and
10
WHEREAS, Cavalier desires to provide telecommunications
11 service within the City; and
12
WHEREAS, the City is in the process of developing a
13 telecommunications regulatory ordinance and franchise agreement
14 governing the use of public ways by telecommunications carriers;
15 and
16
WHEREAS, Cavalier desires to commence the construction of its
17 telecommunications system prior to the time it could obtain a
18 franchise from the City, and is agreeable to entering into a
19 temporary and revocable license agreement pending adoption by the
20 City Council of a telecommunications regulatory ordinance and
21 franchise agreement; and
22
WHEREAS, the Virginia State Corporation Commission has
23 granted to Cavalier the required certificates of convenience and
24 necessity as a provider of local exchange and interexchange
25 services; and
26
WHEREAS, the City is agreeable to allowing Cavalier to use the
27 City's public ways, subject to the terms and conditions set forth
28 in the Temporary Nonexclusive Revocable License Agreement and to
29 any future telecommunications regulatory ordinance and franchise
30 that may be adopted by the City;
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
That the City Council hereby approves the Agreement entitled
34 "City of Virginia Beach, Virginia and Cavalier Telephone, L.L.C.
35 Temporary Nonexclusive Revocable License Agreement" dated April 27,
36 1999, a copy of which is on file in the City Clerk's Office, and
37 hereby authorizes and directs the City Manager to execute such
38 Agreement on behalf of the City.
39
40
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 27th day of April , 1999.
41
42
43
44
CA-99-7331
wmmk or, dres k caval ierl i c. orn
April 7, 1999
R-1
APPROVED AS TO CONTENT
Information Technology
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
TEMPORARY NONEXCLUSIVE REVOCABLE LEASE AGREEMENT
CAVALIER TELEPHONE, L.L.C.
SUMMARY OF TERMS
Grantee: Cavalier Telephone, L.L.C.
Nature:
Allows use of City rights-of-way for telecommumcations faclht~es of local
exchange/long distance provider along designated route (see route map). Does not
authorize cable service.
Until 5-1-00 or until permanent franchise granted, whichever is sooner. If franchise
is granted, franchise automatically supersedes License Agreement.
Compen-
sation:
L~mlted to Pubhc Rights-of-Way Use Fee under State law (which the City has not
Imposed). If law changes, City may charge whatever compensation It is legally
entitled to charge and collect.
Indemnity:
Grantee required to indemnify City, employees, officers, etc., against all claims
resulting from acts or omissions of Grantee.
Insurance:
Grantee required to mmntaln worker's compensation Insurance, $2 milhon In
commercial general liability insurance; $1 million in automobile liability insurance;
$1 million in pollution liability insurance. Grantee may instead provide $5 million
umbrella coverage.
Surety:
Grantee required to maintain $50,000 bond and $25,000 letter of credit. May be
reduced when construction of backbone facilities is completed.
Construction:
Grantee reqmred to obtain all required permits, promptly restore City property after
construction, and to comply with all C~ty, state and federal standards, ordinances,
laws, etc. Facilities reqmred to be underground where all other utilities are
underground.
Removal.
Grantee required to remove facilities if Agreement IS not renewed or franchise not
granted.
Item VI-J4
- 30-
ORDINANCES/RES OL UTION
ITEM # 44904
Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Councd DEFERRED UNTIL
CITY COUNCIL SESSION OF MAY 4, 1999'
Ordtnance to authorize temporary encroachments into a portton of
the Ctty's rtght-of-way at Mediterranean Avenue, 14tn Street and 16th
Street by VIRGINIA BEACH PENTECOSTAL CHURCH OF
CHRIST re erectton and matntenance of four directional signs
(BEA CH - DISTRICT 6) (Deferred Aprtl 13, 1999)
Vottng. 9-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Vtce Mayor Wtlham D. Sessoms, Jr and A M "Don" Weeks'
Council Members Voting Nay'
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Aprt127, 1999
Item VI-J 5
- 31 -
ORDINANCES/RES OL UTION
ITEM # 44905
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Counctl ADOPTED
Resolutton to authorize the adoption and promulgatton of Amendment
Number 5 of the Specifications and Standards Manual developed by the
Engineertng Dtvtston of the Department of Public Works.
Voting 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W. Harrison, Jr.,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Aprt127, 1999
A RESOLUTION TO APPROVE AND AUTHORIZE THE
ADOPTION AND PROMULGATION OF
AMENDMENT NUMBER 5 OF PUBLIC WORKS
SPECIFICATION AND STANDARDS MANUAL
WHEREAS, there exists a requirement for the published engineering standards to be
6 maintained as current and to provide and promulgate technical design criteria, policy interpretations
7 and ordinance application to be utilized by City staff and the engineering consulting community in the
8 preparation, review and approval of all development related plans throughout the City, for the design
9 of all engineering projects by the City, and to promulgate these criteria for contracts awarded by the
10 City and for Public Works infrastructure accepted by the City; and
11
WltERF_.AS, the City's Public Works Specifications and Standards Manual was adopted June
12 14, 1994, and
13
14
WHEREAS, the Manual has been revised since originally adopted and promulgated on June
14, 1994 in four annual amendments, Number 1 dated March 14, '1995; Number 2 dated April 23,
15 1996, Number 3 dated April 1, 1997; and Number 4 dated March 3, 1998; and
16
WHEREAS, over the past year, staff members of the Department of Public Works,
17
18
Engineering Division have assembled revisions and updates to all existing engineering materials,
details, and teclmical requirements relating to the Public Works Specifications and Standards Manual,
19 compiling an Amendment Number 5 (attached hereto) to be inserted into the working document in
20 notebook format, consisting of the following additions or revisions. (1) Chapter 2, (2) Chapter 3, (3)
21 Chapter 5; (4) Chapter 6, Section 3 1; (5) Chapter 7; (6) Chapter 9; (7) Chapter 10, Section 10
22 (deleted), (8) Chapter 12, (9) Chapter 13, (10) Chapter 14, (11) Chapter 15, (12) Chapter 16; (13)
23
24
Chapter 17; (14) Appendix A; (15) Appendix B; (16) Appendix C, (17) Appendix D, (18) Appendix
E, Section 10, and (19) Appendix F, and
25
WHEREAS, since the original adoption of the Public Works Specifications and Standards
26 Manual in 1994, City staff has brought annual amendments to City Council for approval and an
27 annt~ report of waivers and variances granted or denied with applicable section of the Manual and
28 the reasons for the actions taken, for information; and
29
WHEREAS, the resulting Amendment Number 5 has additionally been reviewed, revised,
30 and enhanced by input from City staff. The Tidewater Builders' Association has no objection to its
31 adoption
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
That the Council approves and authorizes the adoption and promulgation of the Amendment
Number 5 of the Specifications and Standards Manual developed by the Engineering Division of the
Department of Public Works as identified herein and attached hereto,
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8 April ,1999.
27th day of
APPROVED AS TO CONTENTS
'/// S[~'~qATURE 7- ~
~ . IDEPAR~NT .x~
'i~;.":"P~OVED' &$ ,'TO
, . .... ,.. 4,L,v
i
City of Virginia
OFFICE OF THI: CITY MANAGER
(757) 427 4242
FAX (757) 427 4135
TDD (757) 427 4305
MUNICIPAL CENTER
BUILDING '1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
April 23, 1999
The Honorable Meyera E Oberndorf
and Members of Council
Re
Public Works Specifications and Standards Manual, Waivers and Variances requested during
the Calendar Year 1998
Dear Mayor and Council Members
The Public Works Specifications and Standards Manual was adopted June 14, 1994 and provides for
variances and waivers to be granted by the Director of Public Works
Section 1 3 of the Manual necessitates that a report with an accounting of requests for waivers and
variances received be provided to City Council by the Director of Public Works on an annual basis
The attached report summarizes those waivers and variances granted or denied, along with pertinent
information such as the applicable section of the Manual, the reasons for the action taken, and the
project data
As you will notice, only two requests for waivers or variances were received during the calendar year
of 1998 that resulted in formal action, and these were both relatively minor items Although other
issues were frequently brought up on different projects, and in different City offices during the year,
staff was able to work out solutions to those issues while ensuring compliance to the manual
Should you need any further information, please do not hesitate to call
With Pride In Our City,
JKS/JSW/kjv
Attachment
c Clarence Warnstaff
VARIANCES REQUESTED- 1998
Salvation Army
On-site BMP requirements waived by the Planning Department (DSC File #C06-509). Public
Works Standards and Specifications Manual, Chapter 8 and Stormwater Management
Ordinance, Section 9 were waived because this project was an addition to an existing office
building with added parking, and as such, it was a not significant enough of a site expansion
to justify major BMP installations.
Retail Office Warehouse- Lots 19 and 20- Milbern Manor
On-site BMP setback requirements reduced to 5 feet from 15 feet as required, approved by
the Planning Department (DSC File C6-510). Variance granted from Public Works
Standards and Specifications Manual, Chapter 8 and Stormwater Management Ordinance,
Section 9 because the only way they could meet the setback would have been to cut down
the building size which was unacceptable to the developer. The project was to construct a
new office building on the site including required parking. The size of the BMP was
maintained, thus, the water quality treatment was still provided.
2117 Smith Avenue · Chesapeake, Virginia 23320-2515
Tidewater Builders
Associatio[]
leffreyW Amshe
Ptestdenl
James R lackson Ir
hrsl t,tce pre~tdent
Robert A W~dener
Second t, tce prestdent
Scott M Gandy
As~o~ tare t'we prestdent
Joseph C Robinson
Set t etarr
John C Napohtano
Treastaer
Channing A Pfeiffer
E.xe(utwe t,tce pte~tdent
Builder D~rectors S 1 (ohen
Judy B (zumley
llelen E Dragas
Pete ~ Kotandes
WIt McCutcheon Jr
Robert B Mulhns
Robert W 'lyler
Jeffrey J Wermers
^ssooate D~rectors
Kenneth A D~erks
R~chard J Gutleber
J B I~eddechff
J Van Rose
I~ I Rvan Jr
tt Mac Weaver II
^ Ward W~ley
^rl J 7achary
D~rectors Emerm
Joseph C Addmgton Jr
Edward P Brogan
W[lham I Fanney
Wflham L ltendncks
Juhan Rashklnd
Itoward M We~sberg
NAHB Past Presidents
Frederick I Napohtano
Stanley Waranch
NAHB I ire D~rectors
Edv, ard P Brogan
Iawrence J Goldnch
I~obert A Lawson
Frederick J Napohtano
VIII£('II! A Napohtano
Julian Bashkmd
Michael P Rashkmd
Slanlev Waranch
ttmxard M XXe~sberg
Wendell A White
IlBAV Past Presidents
Iee A (,ffford (deceased)
David A ttoward (deceased)
Frederick J Napohlano
Vincent A Napohtano
'led S Schlossman
Douglas W lalbot
Stanley Waranch
tlonorary Member Doyle F ttull
Phone (757) 420-2434 o Fax. (757) 424-5954
E-marl. tbamafl@pflot.infi.net
Web s~te http'//www pdotonhne com/tba
January 27, 1999
Jeff Waller, P.E.
Civil Engineer
Public Works Dept.
City of' V~rg~nia Beach
Virginia Beach, VA 23456
· ,,'a!l:l" [ ~,~(;14
CIIY 0[' "'"~ '
I~' r'°E OF TEE t;Ir¥ [Wo;,?'r'~
Dear Mr. Waller
Thank you for the opportunity to review the revisions to the Public
Works Standards attd Specification Manual as provided to us in
December, 1998. We understand that most of the revisions consist of
"wordsinlthing". We also understand from staff that pavement design
guidelines are forlnatted to VDOT guidelines. Thank you again for
providing tis with an update of this very informative document.
Sincerely,C~~ ~
Dean McCiain
Director, Legislative & Regulatory Affairs Dept
"Do Business With A Member"
Affdtated wtth the ttome Btulde~s Assoctatton of Vtrguua and the Nattonal Assoctatton of tlome Budders
Summary of Changes to the
Public Works Engineering Specifications and Standards Manual
February 1999
Significant changes and major formatting revisions were made to the Public Works Engineering
Specifications and Standards Manual this year. Most of the manual was substantially rewritten and
wordsmithed to provide a more consistent style and format, to correct grammatical errors, to reduce
redundancy and conflicting information, and to improve cross referencing General changes were
made to Chapters 2, 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, and 17; Appendices A, B, C, D, E, and F;
and the Index of Tables T. Technical changes were made to incorporate City, State and Federal
requirements, pavement design, and traffic engineering requirements.
Those specific technical changes are summarized by Chapter as follows
CHAPTER 2
Section 2.12.2.a.2b Added specifications for temporary roll-up sign panels used in construction
work zones.
CHAPTER 3
Se~tiol~ 3.5
Table III-1 Geometric Standards revised to match details for typical roadway
sections in Appendix A.
Section 3.8.1,
The yearly flood plain elevations were increased for major collector, minor
arterial, and major arterial roadways, which raises the minimum top of curb
or crown elevation
Section 3.9.1
Table 1II-3 revised so Master Transportation Plan right-of-way widths match
Appendix A
Section 3.11
Tables 111-4, Right Turn Lane Minimum Storage Length/Bay Taper Length
Based on MPH, and Ili-5, Left Turn Lane Minimum Storage
Length/Minimum Bay Taper Length, revised to meet new turn lane standards
CHAPTER 5
Section 5.14
Table V-6, Application Rates for Asphalt Mixes, revised to incorporate
maximum application rates
CHAPTER 6
Section 6.3.1
Revised to reflect change in width in sidewalks (4' to 5') and bikepaths (8' to
10')
CHAPTER 10
Section 10.10
Declaration of covenants for environmental permits for subdivisions and other
development plans deleted in its entirety.
CHAPTER 16
Section 16.1,4
Added paragraph pertaining to protected lef~ turn signal arrow signals.
Section 16.1.6(a)(1) VDOT loop standard revised
Section 16.1.6(a)(2) VDOT loop standard revised
Section 16.1.8
Last sentence deleted, referencing supplemental pedestrian view signals.
Section 16.1.10 Rewritten to delete references to pedestrian view signals
Section 16.1,12
Revised to require PVC conduit to be encased in a steel sleeve under
pavement
Section 16.1.18 Sixth paragraph revised to change wire gauge.
Section 1L6,4,7
Technical information deleted. Added reference manual for technical info.
Section 16,4,8
Added requirement for certified pavement marking technician
CHAPTER 17
Section 17.2.2.b
Acorn and Decorative Colonial units were identified as Type 2 fixtures in
accordance with the current Virginia Power contract.
Section 17.2.4
Joint Use Traffic Signal - Luminaire Poles. Reference was added to Section
16 1.16 "Traffic Signal Poles"
Section 17.3.3
Plans and Plan Scale. Item "b" concerning the scale for subdivision plans was
revised The old specs called for a 1"= 100' scale for all subdivision plans
The new spec simply states that" streetlighting will be shown on an overall
lighting plan as well as on the construction plan sheets." This provides the
designer more flexibility in choosing an appropriate scale.
Section 17.4.3
Section 17.4,5
Lamp Type and Initial Lumen Ratings Table XVII-1 This table was revised
to reflect the initial lumen ratings identified in the Virginia Power Outdoor
Lighting Handbook
Lighting Levels. This section was revised to group both Four and Six lane
major arterial roadways together The previous specs identified these facilities
separately, and actually called for lower lighting levels on six lane facilities.
The revised standard calls for Average Illumination of 0.80 fc and uniformity
of 4 to 1 on both roadway sections
APPENDIX A
Right-of-way revised to comply with VDOT roadway design standards 16' to
20' median (10' clear zone for street lights) and incorporate 5' sidewalk and
10' bikepath
Drawin~ #
Revised from - to;
A-2 167' - 180'
A-3 139'- 150'
A-4 164' - 180
A-5 145'- 155'
A-6 115' - 125'
A-7 125'- 130'
A-8 96'- 100'
A-9 74'- 80'
A-10 70'- 75'
A-22 105'-110' to 107'-112'
A-24 28'- 30'
APPENDIX D
Reformatted and reordered in logical sequence Blank sheets incorporated for
future expansion The following were added
D2a
D-6
D-14
D-22
D-41
D-44
D-45
D-46
D-52
D-56
D61a
D-62
Double let~ turn lane geometrics
Subdivision entrance with median
Sample camera detection zone chart
Handhole for traffic signal installation and maintenance
Right tums yield to pedestrians sign layout
Added second strap to brackets
Dual left turn with permitted U-turn sign
Internally illuminated street name sign detail
Pedestrian push-button sign layout
"Emergency Signal" sign
Sidewalk closure and pedestrian detour
Pavement markings standards & details
Old drawings D9, D54-73, D-76, and D-80 deleted to be replaced by sections
of the Virginia Department of Transportation Virginia Work Area Protection
Manual (1996).
APPENDIX E
E-10
Traffic Engineering General notes renumbered and revised Old note 24 (new
note 26) revised to delete last semence referring to saw cut width
APPENDIX F
Minor revisions and updating of references (State Water Control Board to
Virginia Department of Environmental Quality)
Item VI-K
PUBLIC HEARING
- 32 -
ITEM # 44906
PLANNING
Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. DOUGLAS C. BURLAGE, INC.
VARIANCE
2. ROCK CHURCH
CONDITIONAL USE PERMIT
3. LENWOOD B. IRELAND
CONDITIONAL USE PERMIT
4. VIRGINIA BEA CH PROFESSIONAL
FIREFIGHTERS LOCAL #2924
CONDITIONAL USE PERMIT
5. M and M DEVELOPMENT ASSOCIATES, L.L.C.
CHANGE OF ZONING
6. TURNER AND ASSOCIATES REALTY, INC.
CHANGE OF ZONING
, Aprd 27, 1999
Item VI-K
PUBLIC HEARING
PLANNING
- 33 -
ITEM # 4490 7
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED tn one
morton Items 1, 2 (DEFERRED), 3 and 4 of the PLANNING BY CONSENT
Item 2 was DEFERRED, B Y CONSENT, UNTIL THE CITY COUNCIL SESSION ON A UGUST 11, 1999
Vottng. 9-0
Council Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Councd Members Vottng Nay
None
Council Members Absent
Harold Hetschober and Nancy K. Parker
April 2 7, 1999
Item VI-K. 1
PUBLIC HEARING
PLANNING
- 34 -
ITEM # 44908
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Council APPROVED the
Apphcation of DOUGLAS C. BURLAGE, INC., for a Variance to Section 4 4(b) of the Subdivision
Ordtnance whtch requtres all lots created to meet all requtrements of the Ctty Zontng Ordtnance (CZO)
Appeal to Dectstons of Admimstrative Offices tn regard to certatn elements
of the Subdtvtston Ordtnance, Subdivtston for Douglas C Burlage, Inc
Property ts located on the east stde of Baker Road, 165 feet north of
Wesleyan Drtve DISTRICT 4 - BA YSIDE
The followtng conchtton shall be requtred
1 A prelimtnary subchvtstonplan/finalplat must be submttted to the
Development Servtces Center for approval/recordatton
Vottng' 9-0 (By ConsenO
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba $ McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor Willtam D. Sessoms, Jr and A M. "Don" Weeks
Councd Members Vottng Nay
None
Counctl Members Absent
Harold Heischober and Nancy K Parker
Aprt12 7, 1999
Item VI-K.2.
PUBLIC HEARING
PLANNING
- 35 -
ITEM # 44909
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL
THE CITY COUNCIL SESSION ON AUGUST ltl, 1999, the Ordinance upon apphcatton of ROCK
CHUR CH:
ORDINANCE UPON APPLICATION OF ROCK CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION
CENTER
Ordinance upon application of Rock Church for a Conditional Use Permit
for a child care education center in a church at the northeast intersection
of Kempsville Road and Manor Drive Said parcel ts located at 580
Kempsville Road and contains 7. 72 acres. DISTRICT 2 - KEMPSVILLE
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vice Mayor William D Sessoms, Jr. and A M "Don" Weeks
Council Members Voting Nay'
None
Council Members Absent'
Harold Heischober and Nancy K Parker
April 2 7, 1999
Item VI-K.$.
PUBLIC HEARING
PLANNING
- 36-
ITEM # 44910
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED an
Ordtnance upon apphcatton of LENWOOD B. IRELAND for a Condittonal Use Permtt
ORDINANCE UPON APPLICATION OF LENWOOD B IRELAND FOR
A CONDITIONAL USE PERMIT FOR A COMMUNI~ BOAT DOCK
R04992267
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Lenwood B Ireland for a Condittonal Use
Permtt for a communtt¥ boat dock at the Eastern extremtty of Sparrow
Road Satd parcel ts located on Parcel C-I, Subdtvtston of property of
Lenwood B. and Robm S Ireland, contatns 8,505 square feet
(CENTER VILLE- DISTRICT 1)
The followtng condttions shall be requtred
The submitted stte plan does not dlustrate an ingress/egress
easement for the property North of C-l - the Bowcock property.
If there ts not a recorded easement provtdmg access to the
Bowcock property, a stte plan must be submttted vertfytng legal
access has been provtded prtor to release of thts plan
2 No commercial use of the boat dock shall be permttted
The proposed boat dock shall be used only by the owners of
parcels A and B Parcel owners shall not rent the boat shps or
No butl&ngs, boat launches, or addttional parktng or pavement
shall be permttted on Parcel C-1
The proposed boat dock shall have only one boat shp and one
boat hft for each parcel owners' use - the boat dock shall have a
maxtmum of two boat shps and two boat hfts
The constructton stagtng area and a stngle accessway shall be
dehneated on the site plan and tn the fteld tn an area least likely
to adversely tmpact extsttng trees and other vegetatton
No trees shall be removed as a result of this proposal Prior to
commencement of constructton, tree protectton, acceptable to the
Planmng Department, shall be installed
8 Any dtsturbed areas shall be stabihzed wtth vegetatton
tmmedtately after constructton
The boat dock ts subject to all apphcable federal, state and local
rules and regulattons
Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (J) of the Zomng Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Twen~-seventh of Aprd, Ntneteen
Hundred and Ntne_ty-Ntne
Aprd 2 7, 1999
Item VI-K.3.
-37-
PUBLIC HEARING
ITEM # 44910 (Continued)
PLANNING
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor Willtam D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay'
None
Counctl Members Absent
Harold Heischober and Nancy K Parker
Aprtl 27, 1999
Item VI-K. 4.
- 38-
PUBLIC HEARING
ITEM # 44911
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED an
Ordtnance upon apphcatton of VIRGINIA BEACH PROFESSIONAL FIREFIGHTERS LOCAL #2924
for a Condttional Use Permtt.
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
PROFESSIONAL FIREFIGHTERS LOCAL #2924 FOR A CONDITIONAL
USE PERMIT R04992268
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon applicatton of Vtrgtnta Beach Professtonal Firefighters
Local #2924for a for a fraternal organization lodge on the East stde of
Prtncess Anne Road, South of the tntersectton with Sandbrtdge Road. Satd
parcel ts located at 2020 Prtncess Anne Road and contatns 8 acres
(PRINCESS ANNE- DISTRICT 7)
The following conditions shall be required.
The stte development shall be tn substanttal accordance wtth the
submttted stte plan tttled "Vtrgtnta Beach Ftrefighters, 2020
Prtncess Anne Road" and wtth the elevattons and materials ltst
provtded wtth the apphcatton and on file wtth the Vtrgtnta Beach
Planning Department
Landscaptng shall beprovtded tn accordance with the City Zomng
Ordinance and the Stte Plan Ordtnance In addttton, landscaptng
as determtned by the Planmng staff shall be provtded for the
proposed stormwater management facthty The landscaping shall
include matertal adequate to buffer the facthty from Prtncess
Anne Road, as well as emergent vegetatton at the toe of the slope.
A brick monument-style stgn tn heu oftheproposedfree-standtng
pole stgn shall be tnstalled tn accordance with the Ctty Zontng
Ordtnance Landscaptng shall be provided at the base of the
monument stgn
,
Prtor to the commencement of any land disturbtng activity, a
stormwater management plan shall be submitted to and approved
by the Development Services Center A Stormwater Management
Facility Matntenance Agreement shall be submttted, revtewed and
approved prtor to the issuance ora land chsturbance permtt
5 Thefacdity shall close no later than 2 O0 A M daily
6 A final subdtvtston plat, creattng the 8 acre parcel, shall be
submttted wtth the formal site plan for the subject site
A 25-foot (25') to 30-foot 00') right-of-way dedicatton, for an
ultimate l O0-foot rtght-of-way for Princess Anne Road, shall be
dedtcated to the City of Virgtma Beach prior to the release of an
approved plan for thts development. The exact amount of the
dedtcatton wtll be determined at the time of detatled stte
engtneertng for thts development
Prtor to the submtttal of a detaded site plan for thts development,
the apphcant shall submtt revised elevattons for the proposed
butldtng which identtfies and labels the ratsed planter, the
horizontal and verttcal brick headers, and the shutters that wtll be
tnstalled on the wtndows at the entry portion of the butldtng An
elevatton shall also be submttted for the brtck monument sign, to
tnclude the requtred landscaptng, butldtng material and
chmensions.
Aprt12 7, 1999
Item VI-K. 4.
- 39-
PUBLIC HEARING
ITEM # 44911 (Continued)
PLANNING
Thts Ordtnance shall be effecttve in accordance with Sectton 107 09 of the Zontng Ordtnance.
Adopted by the Council of the City of Vtrgtnia Beach, Virginia, on the Twen~_ -seventh of Aprtl, Nineteen
Hundred and Ntnety-Ntne
Voting 9-0 (By ConsenOI
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vice Mayor Wdham D Sessoms, Jr and A M. "Don" Weeks
Councd Members Vottng Nay
None
Counctl Members Absent
Harold Heischober and Nancy K. Parker
April 27, 1999
Item VI-K. 5.
- 40-
PUBLIC HEARING
ITEM # 44912
PLANNING
R J McGtnnis, General Booth, represented the apphcant - developer
Glenn Tatnter 2140 Kenwood Drive, Phone' 427-1929, Prestdent- Courthouse/Sandbrtdge Coahtton
Judy G Whtte, 2252 General Boulevard, Phone 426-7807, expressed concern relattve trees (did not register
In Favor or Opposed
The followtng spoke tn OPPOSITION:
Judy G Whtte, 2252 General Booth Boulevard, Phone' 426-7807
Tabb Pearson, 2101 Spinning Wheel Court, Phone 427-9452
Beverly Sawyer, 223 7 General Booth Boulevard, Phone. 42 7-3283
Harry Futral, 2105 Sptnntng Wheel Curt, Phone, 563-0274
Upon motion by Council Lady Henley, seconded by Councdman Branch, Ctty Council DEFERRED until the
Ctty Counctl Session of May 25, 1999, Or&nances upon appltcatton of M and M DEVELOPMENT
ASSOCIATES, L.L.C., for Condtttonal Change of Zomng Dtstrtct Class{ficattons (PRINCESS ANNE -
DISTRICT 7)
ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT
ASSOCIATES, L L C FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL DISTRICT
AND R-20 TO CONDITIONAL 0-1
AND,
Ordinance upon apphcatton ofM and MDevelopment Assoctates, L L. C for
a Change of Zoning District Classtficatton from AG-1 and AG-2
AgrtculturaI Distrtct and R-20 RestdenttaI Dtstrtct to Condtotnal O- I Office
Dtstrtct on the followtng parcels
Parcel 1
West side of General Booth Boulevard begtnntng at a
point 830feet more or less South of Ferrell Parkway
Parcel 2.
West side of General Booth Boulevard begtnmng at a
potnt 480feet more or less North of HucMeberry Tratl
The proposed zomng classtficatton change to Conchttonal 0-1 ts for office
land use The Comprehenstve Plan recommends use of this parcel for
suburban restdenttal/low denstty at denstttes that are compattble wtth stngle
family use tn accordance wtth other Plan pohctes Satd parcels contatn 3
acres. DISTRICT 7 -PRINCESS ANNE
ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT
ASSOCIATES, L L.C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A G-1 and A G-2 AGRICULTURAL DISTRICTS
AND R-20 TO CONDITIONAL A-18
Ordinance upon apphcatton ofM and MDevelopment Associates, L.L C for
a Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2
Agrtcultural Districts and R-20 Restdenttal Dtstrtct to Concltttonal A-18
Apartment Dtstrtct on certatn property located on the northwest side of
General Booth Boulevard 250feet more or less south of Ferrell Parkway
Theproposed zontng classificatton change to/ConchttonalA-18 ts for multt-
famtly residenttal land use at a denstty no greater than 18 dwelling umts per
acre The Comprehenstve Plan recommends use of thts parcel for suburban
restdential/low denstty at denstttes that are compatible wtth single faintly
use tn accordance with other Plan pohctes
Aprt12 7, 1999
Item VI-K.$.
PUBLIC HEARING
PLANNING
- 41 -
ITEM # 44912
Councd Lady Henley expressed concern relative thts corrtdor and did not wtsh this to be accomphshed tn a
piecemeal fashion Councd Lady Henley requested the Staff, at the City Council Workshop SCHEDULED for
May 17, 1999, present an overvtew of thts enttre area tncludtng the 150 acres of commerctal, whtch ts about
to be developed, and what ts proposed at thts parttcular ttme by penchng apphcattons She expressed concerns
as to how will thts area wdl look upon full development
Councilman Branch concurred wtth Councd Lady Henley's concern relative the tnfill areas Development
wdl effect the ulttmate populatton, schools, infrastructure and eventually water agatn Councdman Branch
requested the staff advise the reasons for thetr recommendatton Councilman Branch was not aware there
was a renewed need for houstng. Counctlman Branch ts destrous of further tnformatton
Voting 8-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr.,
Barbara M. Henley, Reba S McClanan, Mayor Meyera E Oberndorf,
Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay
None
Councd Members Abstaining:
Louts R Jones
Council Members Absent
Harold Heischober and Nancy K Parker
Councilman Jones ABSTAINED pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnta, he owns property
located on Prtncess Anne Road chrectly across the street from the parcels whtch are the subject of the
apphcattons Hts property ts valued tn excess of $10, O00 The Ctty Attorney has advised he ts a member of
a group, the members of whtch could be affected by any actton taken by Councd on the apphcations
Councilman Jones wtshes to chsclose thts tnterest and ABSTAIN from parttctpatton tn Ctty Councd's
chscusston and vote on the applicattons. Councdman Jones' letter of Aprd 2 7, 1999, ts hereby made a part
of the record
April 27, 1999
LOUIS R JONES
COUNCILMAN - DISTRICT 4 - BAYSIDE
City of Virginia
Apnl 27, 1999
PHONE (757) 583-0177
FAX (757) 426-5669
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia,
I make the following disclosure:
o
The transactions for which I am executing this written disclosure are the City
Council's discussion and vote on applications ofM & M Development Associates,
L.L.C. for a change of zoning district classification with respect to three parcels of
property located between Ferrell Parkway and Pnncess Anne Road at their
intersection with General Booth Boulevard.
,
The nature of my personal interest is that I own property located on Princess Anne
Road directly across the street from the parcels which are the subject of the above-
referenced applications, and that my property is valued in excess of $10,000.
,
The City Attorney has advised me that, in his oplmon, I am a member of a group
(t e., owners of property located adjacent or in close proximity to the subject parcels)
the members of which could be affected by any action taken by City Council on the
applications.
,
I wish to disclose this interest and abstain from participating in City Council's
discussion and vote on the applications.
1008 WITCH POINT '[RAIL, VIRGINIA BEACH, VA 23455-5645
[
Mrs. Ruth Hodges Smith, CMC/AAE -2- April 27, 1999
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Accordingly, I respectfully request that you record th~s declaration ~n your official records.
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 th~s matter.
S~ncerely,
Louis R. J
Councilmember
LRJ/clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY A'FI'ORN EY
OP # 590
April 27, 1999
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
Councilmember Louis R. Jones
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilmember Jones:
I am writing in response to your request for an opinion regarding your ability to participate
in City Council's discussion and vote on the applications of M&M Development Associates, L.L.C.
("M&M Development") for a change of zoning district classification with respect to three parcels
of property located between Ferrell Parkway and Princess Anne Road near their intersection with
General Booth Boulevard.
SUMMARY 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 have a personal interest in the transactions of the City
Council concerning the above-referenced applications, as a result of your ownership of property on
Princess Anne Road directly across the street from the property which is the subject of the
applications. However, as a member of a group (i.e., all owners of property located adjacent or ~n
close proximity to the subject property) the members of which could be affected by any action taken
by Council on the applications, you may participate in City Council's discussion and vote on the
applications upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14 (G).
For your information, I have outlined the disclosure requirements of § 2.1-639.14(G) should
you choose to disclose your relationship and vote; I have also set forth the applicable provisions for
abstention set forth in § 2.1-639 (E), should you choose not to vote.
Councilmember Louis R. Jones 2 April 27, 1999
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 tlus opimon if
they are correct and complete.
FACTS PRESENTED
Your request for an advisory opinion is generated by City Council's discussion and vote on
the applications of M&M Development for a change ofzomng d~strict classffication with respect to
three parcels of property located between Ferrell Parkway and Princess Anne Road near their
intersection with General Booth Boulevard. If the applications are approved, two parcels will be
rezoned from AG-1, AG-2 and R-20 to Conditional 0-1, and one parcel will be rezoned from AG-1,
AG-2 and 0-1 to A-18.
You have advised that your concern and reason for requesting this opinion is that you own
property on Princess Anne Road d~rectly across the street from the property which is the subject of
the applications, and that your property is valued in excess of $10,000. You have also advised that
your property is zoned 0-2.
ISSUE PRESENTED
Are you permitted to participate in City Council's discussion and vote on the applications
of M&M Development for a change of zoning district classification with respect to three parcels of
property located between Ferrell Parkway and Princess Anne Road near their intersection with
General Booth Boulevard?
DISCUSSION
The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal
interests of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member. City Council is a
"governmental agency" under the Act. The critical ~nquiry, therefore, is whether your ownership
of property on Princess Anne Road d~rectly across the street from the property which is the subject
of the applications causes you to have a "personal interest" ~n the Council's d~scuss~on and vote on
the applications.
"Personal interest" is defined ~n § 2.1-638.2 of the Act as
[a] financial benefit or liability accruing to an officer or employee or
a member of h~s ~mmed~ate family. Such interest shall exist by
reason of(i) ownership in a business if the ownership ~nterest exceeds
three percent of the total equity of the business; (i0 annual income
Councilmember Louis R. Jones 3 April 27, 1999
that exceeds, or may reasonably be anticipated to exceed, $10,000
from ownership in real or personal property or a business; (iff) salary,
other compensation, fnnge benefits, or benefits from the use of
property, or any combination thereof, paid or provided by a business
that exceeds, or may reasonably be anticipated to exceed, $10,000
annually; (iv) ownership of real or personal property if the interest
exceeds $10,000 in value and excluding ownership in a business,
income, or salary, other compensation, fringe benefits or benefits
from the use of property; or (v) personal liability incurred or assumed
on behalf of a business if the liabihty exceeds three percent of the
asset value of the business.
And, § 2.1-639.2 provides that a "personal interest in a 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 or business (i) is the subject of the transaction or (n) may
realize a reasonably foreseeable direct or ~nd~rect benefit or detriment
as a result of the action of the agency considering the transaction.
You have a personal interest in the property you own on Princess Anne Road by virtue of its
value in excess of $10,000. However, in order to have a personal interest in the applications, your
property must be either the subject of the applications or realize a reasonably foreseeable direct or
indirect benefit or detriment as a result of any action taken by City Council on the applications.
Clearly, your property is not the subject of the transactions; but, the question of "reasonable
foreseeability" remains.
Because rezoning of the property in question could have an effect on future development of
the area in which your property is located, one could argue that it is reasonably foreseeable that the
outcome of the applications could have an effect on your property. However, if there is such an
effect, the effect will not be limited to your property. Instead, all properties located adjacent or in
close proximity to the subject property would be affected. Therefore, ~n accordance with the Act,
you are a member of a group (i.e., similarly-situated property owners) the members of which could
be affected by any action taken by Council on the applications. Consequently, I conclude that you
may participate in Council's discussion and vote on the applications as long as you comply with the
disclosure reqmrements of the Act.
Based upon my conclusion that you may participate in Council's discussion and vote on
applications upon disclosure of your personal ~nterest, such disclosure must include a declaration that
you are able to participate in the transactions fairly, objectively, and in the public interest. A
proposed disclosure letter which complies w~th § 2.1-639.14 (G) is enclosed for your convenience.
Councilmember Louis R. Jones
4 April 27, 1999
You may either make this declaration orally, which is to be recorded ~n the written minutes of City
Council, or you may file a signed written declaration w~th the City Clerk, who shall retmn and make
this document available for public inspection for a period of five (5) years from the date of recording
or receipt.
As a final note, the Conflict of Interests Act deals w~th the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect agmnst all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial. I have opined that you may participate ~n City Council's discussion and vote on the
applications after disclosure of your personal interest. However, if you are concerned that your
participation in City Council's discussion and vote on the apphcatmns, even after disclosure, creates
an unacceptable appearance, you may abstain from such participation under § 2.1-639.14(E)
prowded that you first disclose your interest in the apphcations. I have also enclosed, for your
convenience, a proposed abstention letter which complies with that section.
Please contact me if you should desire any additional information.
Very truly yours,
Leslie L. Lilley
City Attorney
LLL/RMB/sat
Enclosures
[ ~
Item VI-K. 6.
PUBLIC HEARING
PLANNING
- 42-
ITEM # 44913
Upon motton by Councd Lady Henley, seconded by Councdman Branch, Ctty Councd DEFERRED untd the
Ctty Councd Sesston of May 25, 1999, Ordtnance upon apphcatton of TURNER & ASSOCIA TES REAL TY,
INC for a Condtttonal Change of Zonmg
ORDINANCE UPON APPLICATION OF TURNER & ASSOCIATES
REALTY, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A G-2 TO CONDITIONAL B-2
Ordinance upon applicatton of Turner &Assoctates Realty, Inc. for a
Change of Zontng Dtstrtct Classification from A G-2 Agrwultural Dtstrtct to
Conditional B-2 Commumty Busmess Dtstrtct on certatn property located
on the south side of Sandbndge Road at tts intersecaon with Painters Lane
The proposed zomng class~ficaaon change to Condmonal B-2 ts for
commerctal land use The Comprehenstve Plan destgnates thts parcel as
being tn the Transmon area Thts area ts planned for appropriate growth
opportunmes, consistent wtth the economic vttahty pohc~es of Vtrgmta
Beach tn accordance wtth other Plan pohctes Satd parcel contatns 2 148
acres. DISTRICT 7- PRINCESS ANNE
Vottng. 8-0
Councd Members Voang Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr.,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf and A M "Don" Weeks
Councd Members Voting Nay.
None
Councd Members Abstatmng:
Vtce Mayor Wdliam D Sessoms, Jr
Counctl Members Absent
Harold Hetschober and Nancy K. Parker
Vice Mayor Sessoms ABSTAINED as his bank has a loan on some of the property owned by Prtncessboro
Development Company.
Aprd 27, 1999
Item VI-L. 1.
- 43 -
APPOINTMENTS
ITEM # 44914
BY CONSENSUS, Ctty Councd RESCHEDULED APPOINTMENTS:
WETLANDS BOARD
April 27, 1999
Item VI-L.2..
- 44 -
APPOINTMENTS
ITEM # 44915
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED:
Kathleen M. Carter
A. James DeBellis
Thomas A. Felton, Jr.
Angel L. Morales
2-Year Terms
7/1/99 - 6/30/2001
AR TS AND HUMANITIES COMMISSION
Voting 9-0 (By ConsenO I
Counctl Members Voting Aye'
Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Councd Members Absent
Harold Hetschober and Nancy K Parker
Aprtl 2 7, 1999
Item VI-L. 3.
- 45 -
APPOINTMENTS
ITEM # 44916
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl APPOINTED:
Catharine L Sampson
Unexpired term thru 12/31/99
plus 3 Years - 1/1/2000 - 12/31/2002
CHESAPEAKE BAY AREA PRESER VA TION BOARD
Voting' 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor Wtlltam D. Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent
Harold Heischober and Nancy K. Parker
Aprt127, 1999
Item VI-L. 4.
- 46-
APPOINTMENTS
ITEM # 44917
Upon NOMINATION by Vice Mayor Sessoms, Ctty Counctl APPOINTED:
APPOINTED:
Margaret L. Eure
AND, REAPPOINTED:
Nancy K. Parker
James K. Spore
2-Year Term
7/1/99 - 6/30/2001
HAMPTON ROADS PLANNING DIS TRICT COMMISSION
Vottng 9-0
Council Members Vottng Aye.
Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba $. McClanan, Mayor Meyera E
Oberndorf Vtce Mayor Wdham D $essoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
Harold Heischober and Nancy K. Parker
Aprt127, 1999
Item VI-L. 5.
-47-
APPOINTMENTS
ITEM # 44918
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Council APPOINTED:
Jody M. Wagner
Unexpired term thru 5/31/2002
MEDICAL COLLEGE OF HAMPTON ROADS
Vottng' 9-0
Counctl Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr,
Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Aprt127, 1999
Item VI-L. 6.
- 48-
APPOINTMENTS
ITEM # 44919
Upon NOMINATION by Vtce Mayor Sessoms, City Council REAPPOINTED:
Ronald D. Madison
4-Year Term
7/1/99 - 6/30/2003
SOCIAL SERVICES BOARD
Vottng 9-0
Counctl Members Vottng Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay'
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
Aprt12 7, 1999
Item VI-L. 7.
- 49 -
APPOINTMENTS
ITEM # 44920
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl REAPPOINTED:
Stanley Waranch
4- Year Term
7/1/99 - 6/3 0/2 0 03
TIDEWATER COMMUNITY COLLEGE
Voting 9-0
Councd Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay:
None
Counctl Members Absent
Harold Hetschober and Nancy K Parker
April 27, 1999
Item VI-N. 1.
- 50-
NE W BUSINESS
ITEM # 44921
BY CONSENSUS, Ctty Councd RECORDED:
ABSTRA CT OF LEGAL CASES RESOLVED - MARCH 1999
Aprt127, 1999
Item VI-O.
- 51 -
AD JO URNMENT
ITEM # 44922
Mayor Meyera E Oberndorf DECLARED the City Council Meettng ADJOURNED at 8:00 P.M.
Beverly ~ Hooks, CMC/AAE
Chief Deputy Ctty Clerk
City Clerk
Meyera E Oberndorf
Mayor
City of Vtrgtnta Beach
Virgtnta
Aprd 27, 1999
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
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H I M B
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DATE April 27, 1999 B R C H C R P E
PAGE I R R H E J L N A S W
A E I O N O A D R S E
I N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
I/A BRIEFINGS Clarence
Warnstaff, D~r
AGING INFRASTRUCTURE Pubhc Ubht~es/
Pubhc Works
B TRT/PENTRAN COST ALLOCATION Les L~lley, C~ty
Attorney, Path
Ph~lhps, D~r of
F~nance
II/A CITY COUNCIL WORKSHOP E Dean Block,
D~r Mgmt
MANAGEMENT RESOURCE PLAN Services
Ill/IV/ CERTIFICATION OF EXECUTIVE None Held
V/VI/ SESSION
E
F/1 MINUTES- Sessions - 4/13/99 APPROVED/ 9-0 Y Y Y A Y Y Y Y A Y Y
CORRECTED
2 MINUTES - Pubhc Heann~l - 4/15/99 APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
G/H/1 PROCLAMATION - SPECIAL OLYMPICS Robert M~ller,
DAY May 1, 1999 Pres Area II,
Anthony
Sweeney,
Athlete/others
representing
various
Coaches/
sports
Olympians
2 SURFING ACCESS FOR EVERYONE Dave Jester,
(SAFE) John Hooker
3 FALSE CAPE LODGE Donald
Maxwell, D~r,
Economic Dev
I/1 LEASE OF CITY-OWNED PROPERTY - No Speakers
2200 Parks Avenue (BEACH - DISTRICT
6)
J/1 Ordinance re LEASE of c~ty-owned ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y
property at 2200 Parks Ave to CONSENT
Contemporary Art Center of Va, for 5
yrs/authorize Agreement (BEACH -
DISTRICT 6)
2 Ordinance to APPROPRIATE $233,433 ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y
from grants/additional state funding to CONSENT
Commun,t~ Servmes Board re MH/MR
3 Ordinance to grant CAVALIER ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y
TELEPHONE a temporary nonexcluswe CONSENT
revocable license re
telecommun,cation facihtms ~n C~ty's
pubhc ways/authorize Agreement
4 Ordinance to authorize temporary DEFERRED 9-0 Y Y Y A Y Y Y Y A Y Y
encroachments ~nto port~on of C~ty's r-o- TO MAY 4,
w at Mediterranean Ave/14th StJ16th St 1999, BY
by V B PENTECOSTAL CHURCH OF CONSENT
CHRIST re directional s~gns (BEACH -
DISTRICT 6) (Deferred Apnl 13, 1999)
5 Resolution to authorize promulgation of ADOPTED BY 9-0 Y Y Y A Y Y Y Y A Y Y
Amendment Number 5 of CONSENT
Specifications/Standards Manual
developed by Pubhc Works
K/1 DOUGLAS C, BURLAGE, INC,, Variance APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y
to Sec 4 4(b) of Subd~ws~on Ordinance all CONDITIONED
lots meet CZO on Baker Road/Wesleyan BY CONSENT
Drive (BAYSIDE - DISTRICT 4)
2 ROCK CHURCH CUP Child care AUTHORIZED 8-0 Y Y A A Y Y Y Y A Y Y
educabon center ~n a church at 580 90-DAY
Kempswlle Road (KEMPSVILLE - DEFERRAL BY
DISTRICT 2) (Deferred 1/26/99) CONSENT
3 LENWOOD B, IRELAND CUP APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y
Commumty boat dock at Sparrow CONDITIONED
Road/property of Lenwood B/Robin S BY CONSENT
Ireland {CENTERVILLE- DISTRICT 1)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE April 27, 1999 B R C H C R P E
PAGE 2 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
4 V B PROFESSIONAL FIREFIGHTERS APPROVED/ 8-0 Y Y A A Y Y Y Y A Y Y
LOCAL #2924 CUP Fraternal CONDITIONED
orgamzat~on lodge at 2020 Pnncess Anne BY CONSENT
Road (PRINCESS ANNE - DISTRICT 7I
5 MIM DEVEL ASSOC. COZ (PRINCESS DEFERRED 9-0 Y Y Y A Y Y Y Y A Y Y
ANNE - DISTRICT 7) TO MAY 25 AT
6 PM FOR
a AG-I/AG-2 to Conditional O-1 at FURTHER
Huckleberry Tra~l REVIEW OF
b AG-1/AG-2/R-20 to Conditional A-18 at COMP PLAN,
Ferrell Parkway ETC
6 TURNER/ASSOC. REALTY, INC. COZ DEFERRED 8-0 Y Y Y A Y Y Y Y A A Y
from AG-2 to Conditional B-2 at TO MAY 25 AT B
Sandbndge Road/Painters Lane 6 PM FOR S
(PRINCESS ANNE - DISTRICT 7) FURTHER T
REVIEW OF A
COMP PLAN, I
ETC N
E
D
L APPOINTMENTS
ARTS & HUMANITIES COMMISSION APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
Reappointed Kathleen M Carter 2-Yr Terms
A James DeBell~s 7/1/99-
Thomas A Felton, Jr 6/30/2001
Ancjel L Morales
CHESAPEAKE BAY AREA APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
PRESERVATION BOARD Unexpired thru
12/31/99 plus 3
Appointed Catharme I Sampson Years- 1/1/2000
- 12/31/2002
HAMPTON ROADS PLANNING APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
DISTRICT COMMISSION (HRPDC)
Appointed Margaret L Eure 2-Year Terms
7/1/99-
Reappointed Nancy K Parker 6/30/2001
James K Spore
MEDICAL COLLEGE OF HAMPTON APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
ROADS
Appointed Jody M Wagner Unexpired thru
5/31/2002
SOCIAL SERVICES BOARD APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
4-Year Term
Reappointed Ronald D Madison 7/1/99-
6/30/2003
TIDEWATER COMMUNITY COLLEGE APPROVED 9-0 Y Y Y A Y Y Y Y A Y Y
4-Year Term
Reappointed Stanley Waranch 7/1/99 -
6/30/2003
WETLANDS BOARD Rescheduled B Y C O N S E N S U S
M/N/1 ABSTRACT OF LEGAL CASES C~ty Clerk to B Y C O N S E N S U S
RESOLVED - MARCH 1999 Record
O ADJOURNMENT 8 00 PM
MANAGEMENT RESOURCE PLAN
FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE
DATE TIME BUDGET UNIT
Thursday, May 6 - Workshop 3 PM - 5 PM Reconclhatlon
Councd Conference Room
Tuesday, May 11 2 PM Councd Action - Councd Chambers