DECEMBER 17, 1996 MINUTES -2it3 o1' Virginia Bcach
"WORLD'S LARGEST RESORT CITY"
CITY C()UNCIL
MAYOR MEYERA E ¢)BI~RNDORF. At. La,~e
VICE MAYOR WILLIAM D SESSOMS. JR. At. La,ge
JOIIN A BAUM, Blacbwat~
LIN~'(R)I) 0 RR4NCll Ilk V,~mh~ I~'mh
WILLIAM W IIARRISON, JR. Lynnh,n~,
IfAROLD IlEI~3H)BER. At. Large
BARBARA M HENLEY, Pungo
LOUIS R JONES, BaSe,de
REBA S M, CLANAN. Prm,,s~ Anne
NANCY K PARKER,
LOUISA M. STRA YtlORN. Kempsvdle ~m,ugh
JAMES K SI'ORE. City Manage*
LESLIE L. LILLEY, City Amnney
RUT[I IlOIX;ES SMITIf. (:MC/AAE ('~it¥ Clerk
CITY COUNCIL AGENDA
DECEMBER 17, 1996
CITY IIALL BUILDING
2401 COURT/lOUSE DRIVE
VIRGINIA BEACI l, VIRGINIA 23456-90o5
1757} 427-4303
I. CITY MANAGER'S BRIEFING
- Conference Room -
11:30 AM
ao
MULTI-PURPOSE STADIUM
Donald L. Maxwell, Director, Economic Development
II. REVIEW OF AGENDA ITEMS
III. 'CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Rabbi Elliott Marmon
Temple Emanuel Synagogue
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 - December 3, 1996
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. ORDINANCES/RESOLUTIONS
Ordinance to AMEND Section 113 of the Chesapeake
Preservation Area Ordinance re voting procedures of
Chesapeake Bay Preservation Area Board.
(Sponsored by Council Member Linwood O. Branch III)
Bay
the
Ordinances re purchase of 112.5 acres (plus or minus) ad3acent
to the City's Lake Ridge property and the Municipal Complex:
APPROPRIATE $2,165,000 from the General Fund re a
proposed Juvenile Detention Center, Regional Group Home
and other future municipal purposes, (CIP 3-024).
be
Authorize the City Manager to enter into an Agreement to
Purchase from the R. T. C. Land Asset Trust (RTC) at a
purchase price not to exceed 82,600,000, sub3ect to
approval of the contract as to legal form by the City
Attorney.
Ordinance to establish the Farmers' Market Re-Building and
Repair pro3ect (CIP 3-055); and, APPROPRIATE 8325,000 in
revenue from insurance proceeds re pro3ect funding.
Ordinance to APPROPRIATE 816,000 from the Virginia Two-for-
Life Special Revenue Fund Balance to the FY 1996-1997
Emergency Management Services (EMS) Operating Budget re
purchase of in-shore rescue equipment and bolster volunteer
recruitment.
Ordinance to APPROPRIATE 89,100 from the Library Gift Fund re
purchase of additional material (books, tapes, etc.) for the
Central and Area Libraries and workstations for visually
disabled staff and customers at the Special Services Library·
Ordinance to TRANSFER $12,000 from the General Fund Reserve
for Contingencies to reimburse the Water and Sewer Fund re
fees associated with construction of the M. E. Cox Center for
Elder Day Care, Inc., as a charitable gift.
(Sponsored by Council Member Reba S. McClanan)
Ordinance to authorize a temporary encroachment into a portion
of the City's one-hundred-foot (100') drainage and public use
easement at 2500 Entrada Drive to Williem and Marilyn R. Hayes
re construction and maintenance of a sixteen- by sixteen-foot
(16' x 16') wooden platform, a deck and stairs (PRINCESS ANNE
BOROUGH).
10.
11.
12.
Virginia Beach Landfill No.
(KEMPSVILLE BOROUGH):
2 at 1989 Jake Sears Road
Ordinance to authorize and direct the City Manager to
advertise an Invitation to Bid for a lease not to exceed
forty- (40) years on 14.634 acres of City-owned property
at the Northeast corner of Landfill No. 2 re joint access
and the operation, maintenance and support of a
construct/on/demolition/debris landfill pursuant to the
Disposal Service Agreement attached to the proposed
lease·
Resolution to authorize the City Manager to execute and
deliver a Landfill Gas Sale Agreement with Allegheny
Energy Resources, Inc. (for a minimum fifteen- (15) year
term, requiring minimum payments in the amount of $10,000
per month) re collection, recovery and use of landfill
gas.
Resolution re the Virginia Beach 1997 Legislative Package;
and, to request Members of the local delegation of the General
Assembly to sponsor and/or support legislation that would
carry out the City's goals and objectives.
Resolution to endorse the concept of a one-time, City-funded,
Federally-sponsored ~mergency Beach Nourishment project at
Sandbridge; calling upon property owners to cooperate with the
City Attorney in signing recreation and construction
easements, enabling authorization of a Project Cooperation
Agreement and project construction; and, the City Manager is
directed to:
Schedule for Council's consideration all actions and
Public Hearings necessary and appropriate for Council's
final authorization to enter into a Project Cooperation
Agreement
Pursue agressively, in concert with the City's
Congressional Delegation, federal funding for this
project and future nourishment of Sandbridge Beach
Work with the City's Delegation to the Virginia General
Assembly to authorize final arrangements for the use of
$2.8-Million from the Pendleton property acquisition for
this project
Resolution to affirm support for the Light Rail Major
Investment Study prepared for the Norfolk-Virginia Beach
Corri4or; request Tidewater Transportation District Commission
(TTDC) proceed with preliminary engineering and environmental
studies for the Light Rail (locally preferred) Alternative;
and, establishing conditions for any related obligation and/or
expenditure of City funds for Such a system.
Charge-off uncollectible
Delinquent Accounts Receivable: $493,340.97
13. License Refunds: 523,581.22.
PUBLIC HEARING - PLANNING
2:30 PM
PLANNING BY CONSENT - To be determined during iA· AEen~ Review Session.
Ordinance for the discontinuance~ closure and abandonment of
a portion of a fifteen-foot (15') alley adjacent to Lots 6 and
18, Block 20, Croatan Beach, in the Petition of SANFORD M. and
I~UREL E. ROSENBERG (LYN~HAVEN BOROUGH).
Deferred for Compliance:
Recommendation:
11 June 1996
FINAL APPROVAL
Ordinance in the Petition of BPP DEVELOPERS, INC., A VIRGINIA
CORPORATION, for the discontinuance: closure and abandonment
of a portion of Lynnhaven Drive beginning at a point
151.6 feet East of Vista Drive and running in an Easterly
direction a distance of 11§ feet, variable in width and
containing 3239 square feet (LYNNHAVEN BOROUGH).
Deferred for Compliance:
Recommendation:
11 June 1996
ADDITIONAL 180-DAY DEFERRAL
Application in the Petition of RONALD W. and JUDITH N. BOONE
for the discontinuance, closure and abandonment of a portion
of Shore Drive (formerly Lynnhaven Boulevard) on the North
side of Shore Drive and extending from the Eastern boundary of
Rockbridge Road to the Western boundary of Dinwiddie Road,
variable in width and containing 8,319 square feet (BAYSIDE
BOROUGH).
Recommendation:
DENIAL
Application of..JAMES M. GRUSZECZKA for the conversion of a
nonconforming use in the R-5S District by converting a one-
story cottage to a two-story garage apartment at 408 27th
Street, on a 7,000 square foot lot (VIRGINIA BEACH BOROUGH)·
Recommendation:
APPROVAL
Application of DANIEL J. PERRELLA for an enlarg-ment of a
nonconforming use in the A-12 District by adding 1,064 square
feet of living area and a 228 square foot porch at 313 33rd
Street on a 7,000 square-foot lot (VIRGINIA BEACH BOROUGH).
Recommendation:
DENIAL
Application of STANTLEY JONES for a ~ to Section 4.4(b)
of the Subdivision Ordinance which requires all lots created
by subdivision meet all requirements of the City Zoning
Ordinance at 768 Sandbridge Road (PRINCESS ANNE BOROUGH)·
Recommendation:
APPROVAL
Application of RICHARD SPRUILL for a Conditional Use Permit
for an automobile service station at the Northeast inter-
section of Lynnhaven Parkway and Southern Boulevard,
containing 41,338 square feet (LYNNHAVEN BOROUGH).
Recommendation:
DENIAL
Applications re OVERHOLT TRUST at the Southwest corner of
Lynnhaven Parkway and Salem Road (KEMPSVILLE BOROUGH):
JOSEPH OVERHOLT, TRUSTEE, for a Conditional Change of
Zoning District Classificatio~ from R-10 Residential
D~to Conditional B-2 Com~unit¥ Business District,
containing 15 acres·
WILLIAM J. and MILLIE J. OVERHOLT, IRREVOCABLE TRUST, for
a Conditional Use Permit for mini-warehouses and an
automobile service statioN, containing 13.78 acres.
Recommendation:
DENIAL
Applications of BREEDEN INVESTMENT PROPERTIES (BAYSIDE
BOROUGH):
Conditional Change of Zoning District Classification from
B-3 Central Business District to P-1 Preservation
~_~ 400 feet more or less North of Southern
Boulevard beginning at a point 430 feet more or less West
of North Palm Avenue, containing 2.06 acres.
RECONSIDERATION and MODIFICATION OF PROFFERS placed on
the 12 September 1983 approved application of 140
ASSOCIATES, L.P. for a Conditional Change of Zoning from
B-3 Central Business District to Conditional B-4 Resort
Commercial District (to increase the density from 140 to
156 units) on the South side of Virginia Beach Boulevard,
approximately 610 feet East of Beasley Drive.
Recommendation:
APPROVAL
10.
Application of LITCHFIKLDMANOR, INC. for a Conditional Chance
of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to Conditional R-7.5 Residential
D~ on the East side of Holland Road, beginning at a
point 630 feet more or less South of Proposed Ferrell Parkway,
containing 16.012 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
11.
Application of the CITY OF VIRGINIA BEACH to AMEND and
REORDAIN Section 201(e) of the City Zoning Ordinance re
requirements for fences and walls.
Recommendation:
APPROVAL
Ko
APPOINTMENTS
CHESAPEAKE BAY ASAP POLICY BOARD
CHESAPEAKE BAY PRESERVATION AREA BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION (RAAC)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
HAPPY
HOLIDAYS
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)
* * * * * * * * *
12/12/96cmd
AGENDA\12-17-96.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 17, 1996
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December
17, 1996, at 11:30 A. M.
Council Members Present:
Linwood O. Branch, III, Barbara M. Henley, Harold Heischober, Louis
1~ Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K.
Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
John A. Baum
[ENTERED: 11:50 A.M.]
William W. Harrison, Jr.
[ENTERED: 11:45 A.M.]
Louisa K. Strayhorn [ENTERED: 11:53 A.M.]
-4-
AGENDA RE VIEgF SESSION
12:12 P.M.
ITEM # 41523
Council Lady Parker expressed concerns relative:
1.1
Ordinance to AMEND Section 113 of the Chesapeake Bay
Preservation Area Ordinance re voting procedures of the
Chesapeake Bay Preservation Area Board.
(Sponsored by Council Member Linwood O. Branch III)
The proposed amendment provides that variances may be granted by the concurring vote of a majority
of members present and voting, rather than a majority of the entire membership.
ITEM # 41524
Council Lady McClanan referenced Item I~2 and advised she had a concern to be expressed during
E~ecutive Session:
1.2 Ordinances repurchase of 112.5 acres (plus or minus) adjacent
to the City's ~ Ridge property and the Municipal Complex:
APPROPRIATE $2,165,000 from the General Fund re a
proposed Juvenile Detention Center, Regional Group Home and
other future municipal purposes, (CIP 3-024).
Authorize the City Manager to enter into an Agreement to
Purchase from the R. T. C. Land A~set Trust (RTC)j at a
purchase price not to exceed $2,600,000, subject to approval of
the contract as to legal form by the City Attorney.
ITEM # 41525
Council Lady Henley advised there would be a speaker relative:
1.3
Ordinance to establish the Farmers' Market Re-Building and
Repair project (CIP 3-055); ana~ APPROPRIATE $325,000
in revenue from insurance proceeds re project funding.
ITEM # 41526
Council Lady Parker was advised by the City Manger, the craft located on Chesapeake Bay
a replacement:
1.4
Ordinance to APPROPRIATE $16,000 from the Virginia Two-
for-Life Special Revenue Fund Balance to the FY 1996-1997
Emergency Management Services (EMS) Operating Budget re
purchase of in-shore rescue equipment and bolster volunteer
recruitment.
would be
ITEM # 41527
Council Lady Parker inquired relative whether this reimbursement was setting a precedent.
1.6
Ordinance to TRANSFER $12,000 from the General Fund
Reserve for Contingencies to reimburse the Water and Sewer
Fund re fees associated with construction of the M. E. Cox
Center for Elder Day Care, Inc., as a charitable gift.
(Sponsored by Council Member Reba S. McClanan)
December 17, 1996
-5-
AGENDA REVIEW SESSION
12:12 P.M.
ITEM # 41528
Council Lady Parker inquired whether this is the same site involved with the Sanifill application.
L8 Virginia Beach Landfill No. 2 at 1989 Jake Sears Road
(KEMPSVILLE BOROUGH):
Ordinance to authorize and direct the City Manager to
advertise an Invitation to Bid for a lease not to exceed forty-
(40) years on 14.634 acres of City-owned property at the
Northeast corner of Landfill 3to. 2 re joint access and the
operation, maintenance and support of a
construction/demolition/debris land. fill pursuant to the Disposal
Service Agreement attached to the proposed lease.
Resolution to authorize the City Manager to execute and deliver
a Landfill Gas Sale Agreement with Allegheny Energy
Resources, Inc. (for a minimum fifteen- (15) year term,
requiring minimum payments in the amount of $10,000 per
month) re collection, recovery and use of landfill gas.
The City Manager advised this Ordinance will authorize him to initiate the bid process for the lease of
14.634 acres of City-owned property in the Kempsville Borough. Sani-fdl is still interested.
ITEM # 41529
Vice Mayor Sessoms advised the Health Care Formula and the JLARC Study will be part of the
Legislative Package. The General A~sembly is requested to revise the Needs Based Allocation Formula
for Public Health funding. This item will be revised.
L9
Resolution re the Virginia Beach 1997 Legislative Package;
and, to request Members of the local delegation of the General
Assembly sponsor and/or support legislation that would carry
out the City's goals and objectives.
ITEM # 41530
Mayor Oberndorf advised there would be discussion concerning LIO and 1.11:
LIO
Resolution to endorse the concept of a one-time, City-funded,
Federally-sponsored Emergency Beach NoUrishment project
at Sandbridge; calling upon property owners to cooperate with
the City Attorney in signing recreation and construction
easements, enabling authorization of a Project Cooperation
Agreement and project construction; and, the City Manager is
directed to:
Schedule for Council's consideration all actions and Public
Hearings necessary and appropriate for Council's final
authorization to enter into a Project Cooperation Agreement
Pursue aggressively, in concert with the City's Congressional
Delegation, federal funding for this project and future
nourishment of Sandbridge Beach
Work with the City's Delegation to the Virginia General
Assembly to authorize final arrangements for the use of $2.8-
Million from the Pendleton property acquisition for this project
December 17, 1996
-6-
AGENDA REVIEW SESSION
ITEM # 41530 (Continued)
Lll Resolution to affirm support for the Light Rail Major
Investment S4udy prepared for the Norfolk-Virginia Beach
Corridor; request Tidewater Transportation District
Commission (ITDC) proceed with preliminary engineering and
environmental studies for the Light Rail (locally preferred)
Alternative; ana~ establishing convh'tions for any related
obligation and/or expenditure of City funds for such a system.
ITEM # 41531
BY CONSFAVSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTIONS
LZ Ordinances re purchase of 112.5 acres (plus or minus) adjacent
to the City's La~ Ridge property and the Municipal Complex:
APPROPRIATE $2,165,000 from the General Fund re a
proposed Juvenile Detention Center, Regional Group Home and
other future municipal purposes, (CIP 3-024).
Authorize the City Manager to enter into an /lgreement to
Purchast from the R. T. C. Land Asset Trust (RTC)~ at a
purchase price not to exceed $2,600,000, subject to approval of
the contract as to legal form by the City ,4ttorney.
1.4
Ordinance to APPROPRIATE $1t~O00 from the Virginia Two-
for-Life Special Revenue Fund Balance to the FY 1996-1997
Emergency Management Services (EMS) Operating Budget re
purchase of in-shore rescue equipment and bolster volunteer
recruitment.
L5
Ordinance to APPROPRIATE $9,100 from the Library Gift
Fund re purchase of additional material (books, tapes, etc.) for
the Central and Area Libraries and workstations for visually
&'sabled staff and customers at the Special Services Library.
1.6
Ordinance to TRANSFER $12,000 from the General Fund
Reserve for Contingencies to reimburse the Water and Sewer
Fund re fees associated with construction Of the M. E. Cox
Center for Elder Day Care, Inc., as a charitable gift.
(Sponsored by Council Member Reba S. McClanan)
1.7
Ordinance to authorize a temporary encroachment into a
portion of the City's one-hundred-foot (1009 drainage and
public use easement at 2500 Entrada Drive to W'dliam and
Marilyn R. Hayes re construction and maintenance of a
sixteen- by sixteen-foot (16' x 16') wooden platform, a deck
and stairs (PRINCESS ANNE BOROUGH).
December 17, 1996
-7-
AGENDA REVIEW SESSION
ITEM # 41531 (Continued)
L8
L9
L12
Virginia Beach Landfill No. 2 at 1989 Jake Sears Road
(KEMPSVILLE BOROUGH):
Ordinance to authorize and direct the City Manager to
advertise an Invitation to Bid for a lease not to exceed forty-
(40) years on 14.634 acres of City-owned property at the
Northeast corner of Landfill No. 2 re joint access and the
operation, maintenance and support of a
construction/demolition/debris landfill pursuant to the Disposal
Service Agreement attached to the proposed lease.
Resolution to authorize the City Manager to execute and deliver
a Landfill Gas Sale Agreement with Allegheny Energy
Resources, Inc. (for a minimum fifteen- (15) year term,
requiring minimum payments in the amount of $10,000 per
month) re collection, recovery and use of landfill gas.
Resolution re the Virginia Beach 1997 Legislative Package;
and, to request Members of the local delegation of the General
Assembly to sponsor and/or support legislation that would carry
out the City's goals and objectives.
Charge-off uncollectible
Delinquent Accounts Receivable: $493,340.97
L13 License Refunds: $23,581.22.
*Item L9 will be ADOPTED BY CONSENT, AS REVISED.
December 17, 1996
-8-
,4GENDA RE VIEI4' SESSION
ITEM # 41532
Councilman Jones requested discussion during the Formal Session:
L3 Application in the Petition of RONALD W. and JUDITH N.
BOONE for the discontinuance, closure and abandonrnettt of
a portion of Shore Drive (formerly Lynnhaven Boulevard) on
the North side of Shore Drive and extending from the Eastern
boundary of Rockbridge Road to the Western boundary of
Dinwiddie Road, variable in width and containing 8,319
square feet (BAYSIDE BOROUGH).
ITEM # 41533
City Attorney William Macali advised revised conditions have been added to the application of JAMES
M. GRUSZECZI(~4. The applicant's attorney, Edward Bourdon, has advised the conditions have satisfied
the individual opposing the application.
1.4 Application of JAMES M. GRUSZECZKA for the conversion
of a nonconforming use in the R-SS District by converting a
one-story cottage to a two-story garage apartment at 408 27th
Street, on a 7,000 square foot lot (VIRGINIA BF_,~CH
BOROUGH).
City ,'lttorney Macali distributed a revised Resolution with additional conditions: (4) That no more than
two (2) Residential dwelling units be permitted upon the property; (5) That in the event the garage
(ground floor) portion of the garage apartment is converted into a dwelling unit or is used for such
purposes, or for any other purpose which wouM prevent its use for parking, the entire structure shall lose
its lawful nonconforming status; (6) That any areas to be paved consist of concrete; and, (7) That prior
to the issuance of a building permit for the proposed conversion, the Applicant cause to be recorded in
the Clerk's Ofice of the Circuit Court of the City of Virignia Beach a deed restriction or similar legal
instrument, in form and substance approved by the City Attorney, containing the conditions set forth in
the Resolution.
ITEM # 41534
Councilman Harrison referenced the applicant's request for WITHDRAWAL:
J.Z Application of RICHARD SPRUILL for a ~
Perm#for an automobile service statiotl at the Northeast inter-
section of Lynnhaven Parlovay and Southern Boulevard,
containing 41,338 square feet (LYNNHAVEN BOROUGH).
ITEM # 41535
Council Lady Strayhorn referenced the request for INDEFINITE DEFERRAL:
J. 8
Applications re OVERHOLT TRUST at the Southwest corner
of Lynnhaven Parkway and Salem Road (KEMPSVILLE
BOROUGH):
JOSEPH OVERtlOLT, TRUSTEE, for a Conditional Change
of Zonine_ District Classificatioo from R-10 Residential District
to Condit¥onal B-2 Communi~_ Business Distric6 containing 15
acPes.
WILLIAM J. and MILLIE J. OVERItOLT, IRREVOCABLE
TRUST, for a Conditional Use Permit for mini-warehouse~
and an automobile service statiott, containing 13. 78 acres.
Assistant City Attorney William Macali advised the condition could be inserted that the applicant shall
pay all costs for re-advertising.
December 17, 1996
-9-
AGENDA REVIEW SESSION
ITEM # 41536
Council Lady McClanan advised she wished discussion relative Holland Road and the School Board's
walking policy. This application should be considered with the two other related applications on Ferrell
Parlm, ay. The School Board's policy states that every student will walk, if located, within 1.5-miles of
their particular School.
JlO Application of LITCHFIELD MANOR, INC. for a Conditional
Change o_f Zoning District Classification .from .4 G-1 and A G- 2
Agricultural Districts to Conditional R-7.5 Residential District
on the East side of Holland Road, beginning at a point 630feet
more or less South of Proposed Ferrell Parkway, containing
16.012 acres (PRINCESS ANNE BOROUGH).
ITEM # 41537
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
J. 1
Ordinance for the discontinuance, closure and abandonmertt of
a portion of a fifleen-foot (15') alley adjacent to Lots 6 and 18,
Block 20, Croatan Beach, in the Petition of SANFORD M. and
LAUREL E. ROSENBERG (LYNNI~VEN BOROUGH).
J. 2
Ordinance in the Petition of BPP DEVELOPERS, INC., A
VIRGINIA CORPORATION, for the discontinuance, closure
and abandonment of a portion of Lynnhaven Drive beginning
at a point 151.6 feet East of Vista Drive and running in an
Easterly direction a distance of 115 feet, variable in width and
containing 3239 square feet (LYNNHAVEN BOROUGH).
J. 4
Application of JAMES M. GRUSZECZKA for the conversion
of a nonconforming use in the R-5S District by converting a
one-story cottage to a two-story garage apartment at 408 27th
Street, on a 7,000 square foot lot (VIRGINIA BEACH
BOROUGH).
J. 5
Application of DANIEL J. PERRELLA for an enlargement of
a nonconforming use in the .4-12 District by adding 1,064
square feet of living area and a 228 square foot porch at 313
33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH
BOROUGH).
J. 6
Application of STANTLEY JONES for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivision meet all requirements of the City Zoning
Ordinance at 768 Sandbridge Road (PRINCESS ANNE
BOROUGH).
.1.8
.4pplications re OVERtlOLT TRUST at the Southwest corner
of Lynnhaven Parkway and Salem Road (KEMPSVILLE
BOROUGH):
JOSEPH OVERIIOLT, TRUSTEE, for a Conditional Change
of Zoning District Classification from R-lO Residential District
to Conditional B- 2 Communi~_ Business District, containing 15
acres.
WILLIAM J. and MILLIE J. OVERtIOLT, IRREVOCABLE
TRUST, for a Conditional Use Permit for mini-warehouses
and an automobile service station, containing 13. 78 acres.
December 17, 1996
-2-
CITY MANAGER'S BRIEFING
MULTI-PURPOSE STADIUM
11:30 A.M.
ITEM it 41522
Mr. Donald Maxwell, Director of Economic Development, advised on August 27, 1996, City Council
approved an Ordinance establishing a Multi-Purpose Sports Stadium, ClP Project t19-003. The Hampton
Roads Mariners, the Pro-Soccer franchise in Virginia Beach, have proposed that rather than constructing
another typical high school facility that a Multi-Purpose Stadium be constructed on the Lake Ridge
property. Mr. Maxwell introduced Fred Tazewell and Mike Ash, representing the TAF Group, a Virginia
Beach architectural and engineering firm and Frank Anderson and DonaM Lee with the HOK Sports
Facility Group.
Mr. Fred Tazewell advised the HOK Sports Facility Group is composed of approximately 250 individuals,
and is coordinating with more than a dozen NFL Teams and numerous baseball organizations. Their
credentials are impeccable. The project is based on a 30,000 seat expandable multi-purpose Sports
Stadium with an initial phase of approximately 6,000 to 7,000 seat capacity. A stadium in Virginia Beach
would currently be the only soccer-specific facility in a major city, thus providing the potential of
attracting IJSH National team play and National Soccer Association Championships.
Frank Anderson advised Ed Roder is the ADA quality assurance representative in the HOK office and
coordinates with the Department of Justice. The booklet entitled "Multi-purpose Sports Stadium ~ was
distributed to City Council. This booklet entails the process to determine the design of the facility for the
City. With the initial phase project of 6,000 seats, the firm envisioned the bulk of the seating wouM be
concentrated on one side. Basically, in the initial phase of the Stadium, there are three seating decks:
lower, mid and upper. The lower deck is a combination of seats and berm seating. The berm responds to
the amphitheater site, as well. The berm wouM actually encompass the Stadium fieM. The first concourse
would envision the wheel chair seating with views over a standing individual, as required by the ADA.
They are then provided on the back of the concourse, restrooms and concessions in numbers that respond
to a first class facility. The waiting in lines for either restrooms or food and beverage is minimized. The
amenities are at the back of the concourse; therefore, the fans never leave the excitement of the game.
They can actually view the game while purchasing their refreslunents. The second level wouM be
envisioned as the exclusive Club Deck This has accommodations for wheel chair seating, as well as levels
for suites and press boxes in the initial phase. Depending on the demand of the market, there can be
upward of four to eight suites. The concessions are located at the back of the concourse. The final deck
is the Upper Deck, which will be in the expansion. In the initial phase, the bulk of the structure is there
for future expansion. The architecture gives a hint of the future. Mr. Anderson noted the various site plans
contained within the booklet. The final picture in the booklet denotes a rendering of a 30, O00-seat Soccer
stadium. Mr. Tazewell advised the total project cost wouM be approximately $7,950,000, as itemized in
the report.
Mr. Maxwell referenced the acoustics of the competing facilities (amphitheater and multi-sports
stadium). The firm of Wrightson, Johnson, Haddon and Williams, Inc. provided correspondence contained
within the booklet relative the noise impact. In the initial phase, the amphitheater wouM have a greater
impact on the soccer stadium. All the noise generated by the soccer stadium is directed away from the
amphitheater. Said letters are hereby made a part of the record. There are several measures that can be
taken to reduce noise levels at the soccer stadium:
Scheduling
Rotating the Stadium
Solid Seating Risers vs. Bleachers
P'omitories
Solid Upper Wall
The 30,000 seat stadium would contain:
Seating on two tiers
28 luxury suites
3,000 exclusive Club seats
A translucent roof over the majority of the seating
First class amenities.
December 17, 1996
-3-
CITY MANAGER'S BRIEFING
MULTI-PURPOSE STADIUM
ITEM # 41522 (Continued)
The Stadium would house the Hampton Roads Mariners professional soccer team, while providing a
facility for local high school athletics and other regional and national events. The architecture of the
Stadium will be symbolic of Virginia Beach's vision of the future, while the initial phase represents the
surrounding area through its use of building materials, farms and site landscaping. The primary building
entrances will be highly visible from the existing roadways and designed to be as open as possible to
create a ngreet h'fe ~ plaza for pedestrian interaction. The site provides for approximately 4,700 new
parking spaces on-site for use by the Stadium with an initial phase of 1,500 spaces being provided.
It is the Consultants' understanding that during the final phase, there could be sharing of parla'ng with
the educational facilities and the amphitheater.
Mark }Pawner, Project Development Manager, advised the Tidewater Community College currently has
2400 parking spaces, the Virginia Beach Higher Education Center, when constructed this Spring, will have
1200 parla'ng spaces. Any major stadium project typically has satellite parla'ng with shuttle services. Bill
Caslunan, Engineer with Langley and McDonald, performed the traffic studies for the amphitheater project
and the adjacent roads designed to service same. Obviously, if there are joint events with the amphitheater
and multi-purpose stadium there will be some traffic congestion. The initial phase of only (~000 seats
will only have minimal impact on the traffic flow. There are highway improvements scheduled in the
Capital Improvement Program, which will significantly improve the traffic flow in this vicinity. Co-
ordination of the events of these two facilities is necessary to minimize any inconvenience that could arise.
By moving the starting time of the events, the traffic impact could be significantly changed. Mr. Wawner
advised envisioning entering into a long term lease commitment with the Mariners where they wouM be
responsible for the operating and maintenance of the multi-purpose stadium as has been done with the
amphitheater. The Mariners wouM be responsible for mowing the grass, lighting and general maintenance
of the facility.
The Mariners plan to be on a National Level This A league has merged and is considered Division 2,
just below Major League Soccer, which is Division I. In the Television package for Division II, games
will be televised weekly for at least 24 weeks. Two games held in the multi-purpose stadium should be
televised. In addition, the City will try to host the National Championships for the League. With the
multi-purpose stadium, there will be approximately $140,000 a year in direct tax revenue to the City,
in addition to a lease with an initial rent of approximately $100,000 a year. The City Manager advised
this must be approached as a "community" amenity. This is not a payback facility.
A copy of a December 12, 1996, article from the Richmond Times Dispatch relative NCAA Soccer was
distributed and is hereby made a part of the record.
The final lease agreement with the Mariners will be DRAFTED, the issue of compatibility and noise must
be addressed before location of the multi-purpose stadium is decided.
The Lease Agreement with the Mariners and contract for continued architectural consulting services
will be SCHEDULED for the City Council Session in January. A PUBLIC HEARING can be conducted
prior to City Council's vote.
December 17, 1996
- 10 -
AGEND,4 REVIEW SESION
ITEM tt 41537
J. 9
J12
Applications of BREEDEN INVESTMENT PROPERTIES
(BAYSIDE BOROUGH):
Conditional Change of Zoning District Classification from B-3
Central Business District to P-1 Preservation District 400feet
more or less North of Southern Boulevard beginning at a point
430 feet more or less West of North Palm Avenue, containing
2.06 acres.
RECONSIDERATION and MODIFICATION OF PROFFERS placed on the
12 September 1983 approved application of 140 ASSOCIATES, L~°. for a
Conditional Change of Zoning from B-3 Central Business District to Conditional B-
4 Resort Commercial District (to increase the density from 140 to 156 units) on the
South side of Virginia Beach Boulevar~ approximately 610 feet East of Beasley
Drive.
,4pplication of the CITY OF VIRGINIA BEACH to AMEND
and REORD,41N Section 201(e) of the City Zoning Ordinance
re requirements for fences and walls.
Item 1.2 will be DEFERRED BY CONSENT FOR AN ADDITIONAL 180-D,4Y DEFERRAL until June
17, 1997.
Item L4 will be APPROVED BY CONSENT WITH REVISED CONDITIONS.
Item 1.5 will be DEFERRED BY CONSENT until January 14, 1996.
Item 1.8 will be DEFERRED INDEFINITELY BY CONSENT.
December 17, 1996
- 11 -
CITY COUNCIL CONCERNS
1:02 P.M.
ITEM # 41538
Vice Mayor Sessoms advised the debt of the Development Authority to NATIONSBANK. which was
approximately $8-MILLIOI~, has been reduced to less than $6-MILLION. The Development Authority
has also reported the addition of 300 new jobs with an average salary in excess of $40,000.
ITEM # 41539
Vice Mayor Sessoms advised Beach Health Clinic is grateful for the fine work the Eastern Virginia
Medical Students are performing. These EIxMS Pre Med Students provide care for patients at the Beach
Clinic approximately one night per week.
ITEM # 41540
Mayor Oberndorf advised a Resolution to support the development of an adequate supply of safe and
affordable domestic water, equally accessible to all citizens of the Region, as the primary required goal
of the City; and, calling upon all local governments and organizations of the Region to join with Virginia
Beach in achieving this goal.
Mayor Oberndorf had distributed this Resolution in City Council's agenda package of December 17, 1996,
and requested this be ADDED to the Formal Session.
December 17, 1996
- 12 -
ITEM # 41541
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City~ Council Conference Room, City Hall Building, on Tuesday, December 17, 1996,
at 1:13 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William gE.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, I/ice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
December 17, 1996
- 13 -
41542
Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, pefformance~ demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2. ~ -.~ 44 ~ )
Appointments - Boards and Commissions:
Chesapeake Bay ASAP Policy Board
Chesapeake Bay Preservation Area Board
Francis Land House Board of Governors
Resort Area Advisory Commission
PUBLICLY-HELD PROPERTy: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(,4)(3).
School Site - Lake Ridge
Southeastern Parkway and Greenbelt Right-of-Way
Comprehensive Services Board Facility
Princess Anne Commons
LEGAL MATTEI~: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(4)(7).
To-Wit: Lake Gaston
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baam, Linwood O. Branch, III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
- 14 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
December 17, 1996
2:20 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 17, 1996, at 2:15 P.M.
Council Members Present:
John ~4. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members ~4bsent:
None
INVOCATION:
Ruth Hodges Smith, CMC//L4E
City Clerk
December 17, 1996
- 15 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 41542
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORD.4NCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 41542 Page No. 13 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to thc best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Kr~th Hodgcs Smith, CMC/AAE
City Clerk
December 17, 1996
- 16 -
Item V-F. 1
MINUTES
ITEM tl 41543
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of December 3, 1996.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branct~ III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABSTAINED, as he was not in attendance during the City Council Session of
December 3, 1996.
December 17, 1996
-17-
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41544
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED to the Agenda:
Resolution to support the development of an adequate supply of safe and
affordable domestic water, equally accessible to all citizens of the
Region, as the primary required goal of the City; and, calling upon all
local governments and organizations of the Region to join with Virginia
Beach in achieving this goal
December 17, 1996
- 18 -
Item V-I.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41545
Upon motion by Vice Mayor Sessoms, seconded by Council lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Items 4, 5, 6, 7, 8 a.b., 9, 12 and 13.
Item 9 was APPROVED, AS REVISED, BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, IlL Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
None
December 17, 1996
- 19 -
Item V-I. 1.
ORDINANCESIRESOL UTIONS
ITEM # 41546
Mary Heinrichg 5016 Mosby Road, Phone: 460-0750. registered in OPPOSITION
Steve Flnson, 2965 Lynnhaven Drive, Phone: 496-9065, registered in OPPOSITION
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED, as
REgrlSED*:
Ordinance to AMEND Section 113 of the Chesapeake Bay Preservation
/.rea Ordinance re voting procedures of the Chesapeake Bay
Preservation Area Board
(Sponsored by Council Member Linwood O. Branch III)
*This Ordinance shall bt effective 7 January 1997
Voting: 11-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
1 Requested by Councilman Linwood O. Branch, III
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
AN ORDINANCE TO AMEND THE VOTING
PROCEDURES OF THE CHESAPEAKE BAY
PRESERVATION AREA BOARD
SECTION AMENDED: CHESAPEAKE BAY
PRESERVATION AREA ORDINANCE SECTION
113
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 113 of the Chesapeake Bay Preservation Area
Ordinance of the City of Virginia Beach is hereby amended and
reordained to read as follows:
Sec. 113. Variances.
(A) General requirements. Applications for variances from
any of the provisions of this ordinance shall be in writing and
filed with the city manager. Such applications shall identify the
potential impacts of the proposed variance on water quality and on
lands within the resource protection area through the performance
of a water quality impact assessment which complies with the
provisions of this ordinance.
(B) Administrative variances. The city manager shall approve
or deny an application requesting a variance for a minor project to
locate in the seaward fifty (50) feet of the buffer area after
receipt of a complete application. No variance shall be granted
under this subsection unless the city manager makes all findings
required in subsection (G) herein. The city manager shall record
both the request and his administrative decision in a public access
file to be maintained for one (1) calendar year. The city manager
may establish such review policies as deemed expedient in
effectuating the intent of this ordinance.
(C) Board variances. The city manager shall review, any
other application for a variance and the water quality impact
assessment and provide the board with an evaluation of the
potential impacts of the proposed variance and such other
information as may aid the board in considering the application.
No such application shall be accepted by the city manager unless
accompanied by a nonrefundable fee in the amount of one hundred
five dollars ($105.00). The city manager shall transmit the
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
7O
71
72
73
74
five (5)
hearing.
(E)
application and supporting information and evaluation to the
members of the board and the applicant no less than five (5) days
prior to the scheduled hearing on such application.
(D) Not later than sixty (60) days after the receipt of an
application, the board shall hold a public hearing on such
application. Notice of the time and place of the hearing shall be
published no less than once per week for two (2) consecutive weeks
prior to such hearing in a newspaper having a general circulation
in the city. The second such notice shall appear not less than
days nor more than twenty-one (21) days prior to the
In addition to the foregoing requirements, the applicant
shall cause to be posted on the property which is the subject of
the hearing a sign, of a size and type approved by the board,
clearly visible and legible from the nearest public street. Such
sign shall be posted not less than fifteen (15) days from the
public hearing and shall state the nature of the application and
date and time of the hearing. In the event such sign is removed,
obscured or otherwise rendered illegible prior to the hearing, the
board may deny or defer the application. Any application deferred
by the board by reason of noncompliance with the posting
requirements of this section shall not thereafter be heard unless
and until an additional fee in the amount of one hundred dollars
($100.00) is paid.
(F) The board may make, alter and rescind rules for its
procedures not inconsistent with the provisions of this section;
provided, however, that a quorum shall be not less than a majority
of all of the members of the board, and provided further, that the
concurring vote of a majority of the full mcmbcr~kip members of the
board present and voting shall be required to grant any variance.
(G) No variance shall be granted unless the board finds that:
(1) Granting the variance will not confer upon the
applicant any special privileges not accorded to
other owners of property in Chesapeake Bay
Preservation Areas;
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
(2) The application is not based upon conditions or
circumstances that are or have been created or
imposed by the applicant or his predecessor in
title;
(3) The variance is the minimum necessary to afford
relief;
(4) The variance will be in harmony with the purpose
and intent of this ordinance, and not injurious to
the neighborhood or otherwise detrimental to the
public welfare; and
(5) There will be no net increase in nonpoint source
pollution load.
No variance shall be granted unless reasonable and appropriate
conditions are imposed which will prevent the variance from causing
or contributing to a degradation of water quality.
This ordinance will become effective January 7, 1997.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 17th day of December, 1996.
CA-6501
wmordres\50-113.Com
R-1
December 10, 1996
3
- 20 -
Item V-I.2.
ORDINANCES/RESOLUTIONS
ITEM # 41547
Lou Pace, 1908 Hunts Neck Court, Phone: 428-0925, registered in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinances re purchase of 112.5 acres (plus or minus) adjacent to the
City's Lake Pddge property and the Municipal Complex:
APPROPRIATE $2,165,000 from the General Fund re a proposed Juvenile
Detention Center, Regional Group Home and other future municipal purposes,
(CIP 3-024).
Authorize the City Manager to enter into an Agreement to Purchase from the
R. T. C. Land Asset Trust (RTC), at a purchase price not to exceed $2,600,000,
subject to approval of the contract as to legal form by the City Attorney.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, William gE.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Hce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
1
2
3
4
5
6
AN ORDINANCE TO APPROPRIATE $2,165,000 TO
PROJECT #3-024 VIRGINIA BEACH JUVENILE
DETENTION CENTER FOR THE PURCHASE OF
PROPERTY FOR A PROPOSED JUVENILE DETENTION
CENTER, A REGIONAL GROUP HOME, AND OTHER
FUTURE MUNICIPAL PURPOSES
7
8
9
WHEREAS, City Council has directed the City Manager to explore the possibility of
acquiring the 112.5 acre site adjacent to the Municipal Center to be used for future municipal
purposes;
10
11
12
WItEREAS, combining this site with the Lake Ridge Property provides for city
ownership of all of the acreage from the Amphitheater eastward to the Municipal Center
making the aggregate a more useful parcel;
13
14
WH'EREAS, the property will fulfill the immediate need for a 12 acre site for the
proposed Juvenile Detention Center and a site for a future Regional Group Home;
15
16
WttEREAS, City staff has negotiated a price of $2,600,000 for the purchase of this
site with an additional $25,000 needed for legal and expert fees to close this negotiation;
17
18
19
WHEREAS, Project//3-024 Virginia Beach Juvenile Detention Center currently has a
balance of $460,000 which can be applied to the site acquisition costs resulting in the need for
an additional $2,165,000 which is available from the General Fund balance.
20
21
22
23
24
NOW, THlZ~REFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $2,165,000 be
appropriated from General Fund balance to Project//3-024 Juvenile Detention Center for the
purchase of property for a proposed Juvenile Detention Center, a Regional Group Home, and
other future municipal purposes.
25
26
27
This ordinance shall be in effect from the date of its adoption.
Adopted the 17 day of
Beach, Virginia.
December , 1996, by the Council of the City of Virginia
Department or M~.~c~fient ~
C:\Cfla97~3024.ord lea
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
40
41
42
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN
AGREEMENT TO PURCHASE 112.5 ±
ACRES OF LAND ADJACENT TO THE
CITY'S LAKE RIDGE PROPERTY AND
THE CITY MUNICIPAL COMPLEX FROM
THE R.T.C. LAND ASSET TRUST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the R.T.C. Land Asset Trust (RTC) is the owner
of two (2) parcels of land totaling 112.5± acres having GPIN
numbers 1494-51-6777 and 1494-61-6856 (Land);
WHEREAS, RTC has offered to sell the Land to the City of
Virginia Beach;
WHEREAS, the Land is adjacent to the City's Lake Ridge
property and the City's Municipal Complex;
WHEREAS, if acquired by the City, the Land will permit
the safe and efficient expansion of municipal facilities; and
WHEREAS, the City staff has negotiated a purchase price
of $2,600,000 for the property.
THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the City Manager is authorized to enter into a
contract to purchase properties adjacent to the City's Lake Ridge
Property and the Municipal Complex consisting of 112.5 ± acres of
Land having GPIN numbers 1494-51-6777 and 1494-61-6856 at a
purchase price not to exceed $2,600,000, subject to approval of the
contract as to legal form by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
17
Virginia on the
CA-6518
ordin\noncode\CA6518 · ord )
R-1
APPROVED AS TO CONTENTS
day of December,.1996.
DEPARTMENT
APPROVED AS TO LEGAL
PARCEL B PARCEL A
LOCATION
PRINCES S ANNE
AREA = 112.5 ACRES
C.I.P. #3-024
MAP SHOWING
COMMONS PROPERTY
SCALE
O' 800' 1600'
PREPARED 8Y P/W ENG, DRAFT. K,,"L~9/gE FI.El NL.DGN
- 21 -
Item V-I.3.
ORDINANCES/RESOL UTIONS
ITEM # 41548
Michele Shean, 1873 Malbin Road, Phone: 427-0378, spoke in SUPPORT of the Ordinance and
represented 7,000 citiZens who signed the petitions for the Farmers' Market to remain at the present site.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to establish the Farmers' Market Re-Building and Repair
project (CIP 3-055); anc~ APPROPRIATE $325,000 in revenue from
insurance proceeds re project funding.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
1
2
3
4
AN ORDINANCE TO ESTABLISH PROJECT #3-055
FARMERS' MARKET RE-BUILDING AND REPAIR
AND TO APPROPRIATE $325,000 IN REVENUE FROM
INSURANCE PROCEEDS FOR FUNDING OF THE PROJECT
5
6
7
8
9
I0
11
12
13
14
I5
16
17
18
19
WHEREAS, a fire destroyed a portion of the Virginia Beach Farmers' Market;
WHEREAS, the City Council, having held public hearings on the future of the Market operation,
and having received a Policy Report and subsequent Policy Report Update from staff on alternatives
for the Market operation, directed staff to proceed with reconstruction of a Market facility and repair
of the existing Market structure, on the current Market site;
WHEREAS, the staff of the City Division of Risk Management, in consultation with the
insurance carrier, have estimated that re-construction of the destroyed portion of the Market with a
structure of like type, quality, and usage, and improvements to the remaining Market facility to meet
current code standards, will cost an estimated $325,000;
WHEREAS, the staff of the City Division of Risk Management, in consultation with the
insurance carrier, has determined that such costs can be fully funded from insurance proceeds,
defined as gross recovery from the Self-Insurance Fund and payments from the insurance
underwriter;
WHEREAS, the pursuit of such repair and reconstruction will be handled as a capital
improvement project within the building section of the City's Capital Improvement Program;
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That project #3-055 Farmers' Market Re-building and Repair is hereby established as a capital
project;
That funds in the amount of $325,000 be appropriated to this project for re-building of a Market
facility of like type, quality, and usage of that destroyed and for repairs necessary to the existing
structure to comply with all applicable codes;
That appropriations be off-set by a $325,000 increase in estimated revenues from insurance
proceeds.
29
This ordinance shall be effective on the date of its adoption.
30
3I
Adopted by the Council of the City of Virginia Beach, Virginia on the~
December
, 1996.
17 day of
3a Approved as to Content:
33
Bjm~dAcip97~market ord
- 22 -
Item I,'-1.4.
CONSENT AGENDA
ORDINANCES/RESOL UTIONS
ITEM # 41549
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $1(~000 from the Virginia T~o-for-Life
Special Revenue Fund Balance to the FY 1~-1997 Emergency
Management Services (EMS) Operating Budget re purchase of in-shore
rescue equipment and bolster volunteer recruitment.
11-0 (By ConsenO
Council Members Voting ~lye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
AN ORDINANCE TO APPROPRIATE $16,000 FROM
THE STATE 'rWO-FOR-LIFE SPECIAL REVENUE FUND BALANCE TO THE FY 1996-97 EMERGENCY
MANAGEMENT SERVICES (EMS) OPERATING BUDGET TO PURCHASE IN-SHORE RESCUE EQUIPMENT
AND BOLSTER THE VOLUNTEER RECRUITMENT CAMPAIGN
1
2
WHEREAS, the Two-for-Life Program collects two additional dollars on each state automobile
license purchased annually and distributes them to localities via direct contribution and grants;
3
WHEREAS, the current in-shore water craft used for rescue operations along the Chesapeake
Bay has limited service capabilities;
5
6
WHEREAS, to maintain the necessary level of volunteers, a volunteer recruitment media campaign
is being proposed; and
?
8
WHEREAS, the Two-for-Life Fund has sufficient monies for the enhancement of emergency
medical services.
9
10
11
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $16,000 be appropriated from the State Two-for-Life Special Revenue Fund Fund Balance
to the EMS FY 1996-97 Operating Budget to purchase equipment and bolster the volunteer recruitment.
12
Adopted by the Council of the City of Virginia Beach, Virginia on the~ ] 7 day of Decembez-, 1996.
APPROVED
LEGAL
Approved as to Content
Management Services
C:~budget~97~EMS2FL
- 23 -
Item V-I.&
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41550
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $9,100 from the Library Gift Fund re
purchase of additional material (books, tapes, etc.)for the Central and
Area Libraries and workstations for visually disabled staff and customers
at the Special Services Library.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
iVon e
Council Members Absent:
iVone
December 17, 1996
AN ORDINANCE TO APPROPRIATE $9,100 FROM THE
LIBRARY GIFT FUND TO THE FY 1996-97
VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT
6
7
WHEREAS, the Virginia Beach Public Library receives cash donations from citizens for
purchase of library materials, supplies, and equipment;
WHEREAS, such donations are deposited to a gift fund account for Libraries until needed
for purchases;
10
11
12
13
14
WHEREAS, such donations have accrued in excess of $9,500 in the Library Gift Fund
balance at this time, and the Library Department has identified $9,100 in needs for additional
material purchases for Central Library and area libraries, and workstations for Special Services
operations;
15
16
17
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $9,100 be appropriated from the Virginia Beach
Library Gift Fund balance to the Public Library Department for FY 1996-97.
18
19
Adopted by the Council of the City of Virginia Beach, Virginia on this
Deeember 1996.
17
day of
20
21
22
23
APPROVED AS TO CONTENT:
W~lter C.'Kraeme~
Management Se_,~ces
APPROVED AS TO
- 24 -
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41551
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to TRANSFER $12,000 from the General Fund Reserve for
Contingencies to reimburse the Water and Sewer Fund re fees associated
with construction of the M. E. Cox Center for Elder Day Care, Inc, as
a charitable gift.
(Sponsored by Council Member Reba ~ McClanan
Voting:
11-0 (By ConsenO
Council Members Voting .dye:
John .d. Baum, Linwood O. Branch, III, Harold Heischober, William gE.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members .dbsent:
None
December 17, 1996
1
2
3
4
9
10
11
12
13
14
15
16
17
18
19
20
Requested by Councilmember Reba S. McClanan
AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS
IN AN AMOUNT NOT TO EXCEED $12,000 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
WATER AND SEWER FUND FOR THE PURPOSE OF
REIMBURSING THE WATER AND SEWER FUND FOR THE
COSTS OF WATER AND SEWER FEES ASSOCIATED WITH
CONSTRUCTION OF THE M. E. COX CENTER FOR ELDER
DAY CARE, INC.
WHEREAS, the M. E. Cox Center For Elder Day Care, Inc.
("M. E. Cox Center"), is a non-profit corporation serving elderly
adults and their families in the City of Virginia Beach by
providing day care services;
WHEREAS, the M. E. Cox Center is constructing a large new
facility on North Lynnhaven Road that will enable it to serve more
clients, and the costs of construction will include water and sewer
fees in an amount expected to approach, but not exceed $12,000; and
WHEREAS, the City of Virginia Beach wishes to show its
support for this program by reimbursing the Water and Sewer Fund,
as a charitable gift to the M. E. Cox Center, for the costs of such
water and sewer fees;
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby authorizes the transfer of
funds in an amount not to exceed $12,000 from the General Fund
Reserve for Contingencies to the Water and Sewer Fund for the
purpose of reimbursing the Water and Sewer Fund, as a charitable
gift to the M. E. Cox Center, for the costs of water and sewer fees
associated with construction of its new facility.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day of December, 1996.
CA-6482
ORDIN~NONCODE~MARYELL.ORD
R-3
PREPARED: 12/05/96
APPROVED AS TO CONTENT:
~anagemen{ Services
APPROVED AS TO LEGAL
SUFFICIENCY:
D~a~tmen{ o~-~~
- 25 -
Item ~'-I.Z
CONSENT AGENDA
ORDINANCES/RESOLUTIONS ITEM # 41552
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
City's one hundred-foot (1009 drainage and public use easement at 2500
Entrada Drive to W'dliam and Marilyn R. Hayes re construction and
maintenance of a sixteen- by sixteen-foot (16'x 169 wooden platform,
a deck and stairs (PRINCESS ANNE BOROUGH), subject to:
The following conditions shall be required:
1. That the encroachment requested shall be designated as a
temporary encroachment.
That the temporary encroachment be constructed and
maintained in accordance with the laws of the Commonwealth
of Virginia and the City of Virginia Beach and in accordance
with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location
That the temporary encroachment shah terminate upon notice
by the City of Virginia Beach to the applicant; and that, within
thirty (30) days after such notice is given, such temporary
encroachment shah be removed from the City's 100' drainage
easement and public use easement by the applicant; and that
the applicant shah bear aH costs and expenses of removal.
That the applicant shah indemnify and hold harmless the City
of Virginia Beach, its agents and employees, from and against
aH claims, damages, losses and expenses including reasonable
attorney's fees in case it shah be necessary to file or defend an
action arising out of the location or existence of such
temporary encroachment.
That no permission or authority is given to the applicant to
permit the maintenance or construction of any encroachment
other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and
construction of any temporary encroachment by anyone other
than the applicant.
6. That the applicant agrees to maintain the temporary
encroachment so as not to become unsightly or a hazard.
Z
That the applicant shall obtain and keep in force .dH Risk
Property Insurance and General Liability or such insurance as
is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee,
as applicable. The applicant must also carry Comprehensive
General liability insurance in an amount not less than Five
Hundred Thousand Dollars ($500,000), combined single limits
of such insurance policy or policies. The applicant must
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The
applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the temporary encroachment.
December 17, 1996
- 26 -
Item V-LT.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS ITEM # 41552 (Continued)
That the applicant shah submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office
or the Engineering division of the Public Utilities Department.
That the City, upon revocation of such authority and permission
so granted, may remove any such temporary encroachment and
charge the cost thereof to the applicant, and collect the cost in
any manner provided by law for the collection of local or state
taxes; may require the applicant to remove collection of local
or state taxes; may require the applicant to remove such
temporary encroachment; and pending such removal the City
may charge the applicant compensation for the use of such
portion of the City's lOft drainage easement and public use
easement encroached upon the equivalent of the real property
tax upon the land so occupied; and if such removal shah not be
made within the time specified by the City, the City shah
impose a penalty in the sum of One Hundred Dollars ($100)
per day for each and every day that such temporary
encroachment is allowed to continue thereafter and shah collect
such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branci~ III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor Peqlliam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
December 17, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CITY'S 100' DRAINAGE
EASEMENT AND PUBLIC USE
EASEMENT TO WILLIAM HAYES
and MARILYN R. HAYES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
WILLIAM HAYES and MARILYN R. HAYES, their heirs, assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into the City's 100' drainage easement and
public use easement adjacent to their property located at 2500
Entrada Drive.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining a 16' X 16' wooden
platform/deck and stairs and that said temporary encroachment shall
be constructed and maintained in accordance with the city of
Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of temporary encroachment
into a portion of the city's 100'
drainage easement and public use
easement, as shown on those certain
plats entitled: "PROP. STATIONARY
PLATFORM IN MAN-MADE CANAL
CONTIGUOUS TO HELLS POINT CREEK
VIRGINIA BEACH, VIRGINIA" copies of
which are on file in the Department
of Public Works and to which
reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the city of Virginia
Beach to WILLIAM HAYES and MARILYN R. HAYES, and that within thirty
(30) days after such notice is given, said temporary encroachment
shall be removed from the City's 100' drainage easement and public
use easement and that WILLIAM HAYES and MARILYN R. HAYES, shall
bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that WILLIAM HAYES and MARILYN R. HAYES, shall indemnify
and hold harmless the City of Virginia Beach, its agents and
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
7O
71
72
73
74
75
76
77
78
79
employees from and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be necessary
to file or defend an action arising out of the location or
existence of such temporary encroachment.
AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R.
HAYES agree that no permission or authority is given to the said
WILLIAM HAYES and MARILYN R. HAYES to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by any one other
than WILLIAM HAYES and MARILYN R. HAYES.
AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R.
HAYES, agree to maintain said temporary encroachment so as not to
become unsightly or a hazard.
AND, PROVIDEDFURTHER, that WILLIAM HAYES and MARILYN R.
HAYES shall obtain and keep in force All Risk Property Insurance
and General Liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The
applicant must also carry Comprehensive General Liability Insurance
in an amount not less than Five hundred Thousand Dollars
($500,000.00), combined single limits of such insurance policy or
policies. WILLIAM HAYES and MARILYN R. HAYES must provide
endorsements providing at least thirty (30) days written notice to
the city prior to the cancellation or termination of, or material
change to, any of the insurance policies. WILLIAM HAYES and
MARILYN R. HAYES assume all responsibilities and liabilities,
vested or contingent, with relation to the temporary encroachment.
AND, PROVIDED FURTHER, that WILLIAM HAYES and MARILYN R.
HAYES shall submit for review and approval, a survey of the area
being encroached upon, certified by a professional engineer, and/or
"as built" plans of the temporary encroachment, if required by the
City Engineer's Office or the Engineering Division of the Public
Utilities Department.
2
8O
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
AND, PROVIDED FURTHER, that the City, upon revocation of
such authority and permission granted, may remove any such
temporary encroachment and charge the cost thereof to WILLIAM HAYES
and MARILYN R. HAYES, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require
WILLIAM HAYES and MARILYN R. HAYES to remove such temporary
encroachment; and pending such removal, the City may charge WILLIAM
HAYES and MARILYN R. HAYES for the use of such portion of the
City's 100' drainage easement and public use easement encroached
upon the equivalent of the real property tax upon the land so
occupied; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every day
that such temporary encroachment is allowed to continue thereafter,
and shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that WILLIAM HAYES and MARILYN R. HAYES
execute an agreement with the City of Virginia Beach encompassing
the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day of December , 19 96 .
102
103
104
105
106
107
108
CBC
11/14/96
F:\..\DECK.ENC\HAYES
APPROVED AS TO CONTENT
Department
APPROVED AS TO
LEGAL ~! t~"':~'~r~"
3
PREPARED BY VIRGINIA BEACH
CiTY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this \'t~t'' day of ~ ~'>~ , ,
19c]1~~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
WILLIAM HAYES and MARILYN R. HAYES, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees, parties of the
second part.
W I T N E S S E T H:
That, WHEREAS, the parties of the second part are the
owners of that certain lot, tract, or parcel of land designated
and described as "Lot 1, Section 1, Lagomar" and being further
designated and described as "2500 Entrada Drive, Virginia Beach,
Virginia 23456 GPIN 2414-82-4813" and
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a 16' X 16' wooden
platform/deck and stairs associated with the said property in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 16' X 16'
wooden platform/deck and stairs, it is necessary that the said
parties of the second part encroach into a portion of an existing
100' City drainage easement and public use easement; and said
GPIN 2424-02-4573
parties of the second part have requested that the party of the
first part grant a temporary encroachment to facilitate such 16'
X 16' wooden platform/deck and stairs within a portion of the
City's 100' drainage easement and public use easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the parties of the second part a
temporary encroachment to use a portion of the City's 100'
drainage easement and public use easement for the purpose of
constructing and maintaining such 16' X 16' wooden platform/deck
and stairs.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's 100' drainage easement
and public use easement as shown on those
certain plats entitled: "PROP. STATIONARY
PLATFORM IN MAN-MADE CANAL CONTIGUOUS TO
HELLS POINT CREEK VIRGINIA BEACH,
VIRGINIA" copies of which are attached
hereto as Exhibit "A" and Exhibit "B" and to
which reference is made for a more
particular description.
2
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's 100' drainage easement and public use easement by the
parties of the second part; and that the parties of the second
part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
~'easonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said temporary
encroachment so as not to become unsightly or a hazard.
In is further expressly understood and agreed that the
parties of the second part shall obtain and keep in force All
Risk Property Insurance and General Liability or such insurance
as is deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The
parties of the second part also agree to carry Comprehensive
General Liability Insurance in an amount not lees than
$500,000.00, combined single limits of such insurance policy or
policies. The parties of the second part will provide
endorsements providing at least thirty (30) days written notice
to the party of the first part prior to the cancellation or
termination of, or material change to, any of the insurance
policies. The parties of the second part assume all
responsibilities and liabilities, vested or contingent, with
relation to the temporary encroachment.
It is further expressly understood and agreed that the
parties of the second part shall submit for review and approval,
a survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such temporary encroachment
and charge the cost thereof to the parties of the second part,
and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the parties of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the
parties of the second part compensation for the use of such
portion of the City's 100' drainage and public use easement
encroached upon the equivalent of the real property tax upon the
land so occupied; and if such removal shall not be made within
the time ordered hereinabove by this Agreement, the City shall
impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that such temporary encroachment is
allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, WILLIAM HAYES and MARILYN R. HAYES,
the said parties of the second part have caused this Agreement to
be executed by their signatures and seals duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
By
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED ASTO
LE~2.>'~LSUi:FICIENCY
William Hayes
( SEAL )
( SEAL )
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this
day of
·
CITY MANAGER.
, 19 , by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
6
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this
The foregoing instrument was acknowledged before me
day of .~?, .... ¢ .
v~ I~. , 19 '~l~.~ , by WILLIAM HAYES
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this \i~~ day of ~'~ ~-~~ , 19 ~' , by MARILYN R.
HAYES.
My Commission Expires:
Notary Public
I~UlVlP
. "~ / . IM.~ l~,~ 197
/~ (~) ' .
~r- ~' "' [REF. M.B.~], ~14~
/ ~
x~-
PI~
LOT I
LOT '2
IVOTE : ,4 ~ WIDE DMA/~,4GE' EASENI~/1-
~ UML£J3' ~ML=,4TE'M WIOT, q I$
AL~N~ E, AD_TA¢~A/T 779
F~CILITIE$ /F & Wl/~A/
":T: ~(
I=, L A N
I"~ ~0'
I/
OATU/VI: O,A/. IV. = 0.00
/. T~'MMY MYCEA/GA
~. At£N~ Y FIAA='I~E'LL
J. ~ I-/. /(/ICl4U~HLiA/
CONSTRUCTION SEOUENCI~
I.Mobilize on Site - ! Day
2. Construct Stationary Platform - 2 Days
'NO6 D ! OWi'l
_GENERAL NOTES
I, All Metal llardware il.D.G (ASTM A-153).
2. All Timber m Be 2.5# CCA (Except Decking - 0.40# CCA).
3, Piling (~ 50% Minimum Penetration.
L ~'~MM~' ~'YCEIVGA
~. ~.1~. I~¢LAU~/./L/)~I
- 27 -
Item V-I.8.
CONSENT AGENDA
ORDINANCES/RESOL UTIONS
ITEM # 41553
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Virginia Beach Landfill No. 2 at 1989 Jake Sears Road (KEMPSFFLLE
BOROUGH):
Ordinance to authorize and direct the City Manager to advertise an
Invitation to Bid .for a lease not to exceed .forty- (40) years on 14.634
acres of City-owned property at the Northeast corner o.f Landfill No. 2
re joint access and the operation, maintenance and support of a
construction/demolition/debris landfill pursuant to the Disposal Service
Agreement attached to the proposed lease.
Resolution to authorize the City Manager to execute and deliver a
Landfill Gas Sale Agreement with Allegheny Energy Resources, Inc. (for
a minimum fifteen- (15) year term, requiring minimum payments in the
amount of $10,000 per month) re collection, recovery and use of landfill
gas.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Yoting Nay:
None
Council Members Absent:
None
December 17, 1996
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
9.4
25
26
28
3O
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
ADVERTISE AN INVITATION TO BID FOR A
LEASE NOT TO EXCEED FORTY (40) YEARS
OF 14.634 ACRES OF CITY-OWNED
PROPERTY IN THE KEMPSVILLE BOROUGH
FOR JOINT ACCESS WITH THE CITY AND
THE OPERATION, MAINTENANCE AND
$ U P P O R T O F A
CONSTRUCTION/DEMOLITION/DEBRIS
LANDFILL ADJACENT TO LANDFILL NO. 2
PURSUANT TO THE DISPOSAL SERVICES
AGREEMENT ATTACHED TO THE PROPOSED
LEASE.
WHEREAS, the City of Virginia Beach owns property at
the northeast corner of Landfill No. 2 off of Jake Sears Road in
the Kempsville Borough;
WHEREAS, the City desires to lease, for a period not
to exceed forty (40) years, a portion of said property, identified
as ,,PROPOSED LEASE AREA" containing 14.634 Acres as shown on the
plat entitled ,,PLAN SHOWING AREA TO BE LEASED TO ",
prepared by Flora & Ramsay, which is attached, hereto as Exhibit A
(hereinafter referred to as the ,,Property");
WHEREAS, the Property shall be used for joint access
with the City and the operation, maintenance and support of a
construction/demolition/debris landfill adjacent to Landfill No. 2
pursuant to the Disposal Services Agreement attached to and as
detailed in the proposed Lease Agreement which is attached hereto
as Exhibit B; and
WHEREAS, Section 15.1-307 of the Code of Virginia of
1950, as amended, requires the City, after due advertisement, to
receive bids publicly for any proposed lease of City-owned property
for a term in excess of five (5) years.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager or his designee is hereby
authorized and directed pursuant to the provisions of Section 15.1-
307, et seq., of the Code of Virginia of 1950, as amended, and
existing city regulations and procedures to advertise an invitation
to bid for a lease not to exceed forty (40) years of the Property
to be used for joint access with the City and the operation,
42
43
44
45
46
47
48
49
5O
maintenance and support of a construction/demolition/debris
landfill adjacent to Landfill No. 2 pursuant to the Disposal
Services Agreement attached to the proposed lease.
2. That the advertisement shall contain a
descriptive notice of the ordinance proposing to grant the lease,
which ordinance shall be in substantial conformance with the
proposed ordinance attached hereto as Exhibit C.
Adopted by.the Council of the City of Virginia
Beach, Virginia on the 17th day of December ., 1996.
51
52
53
54
CA-6426
NONCODE\CA6426.ORD
R-1
PREPARED: 17 December
1996
A~PROVED AS TO CONTENTS
, O
// sIGN]%TURE
DEPI~RTMENT
~PPROVED ~S TO LEit~L
SDFF~CIE~CY ~ND
Proposed Lease Area
.1
~'..;. '. ,..'
,.~ ;: ~,-' Lake James
..."' , "~.~.~:,4-
x./
MAP SHOWING
LANDFILL II
Oecemgef II, 1996
MAPPING
Technlcol Services Group
De..of Public Worlds
CITY OF VIRGINIA BEACH, VA
Location Map
NOTE OISCLAJMER~
,- /
/ /
//
i
...a
.!
EXHIBIT "B"
L E~ S E
THIS LEASE is made this day of
, 1996, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia
(the "Lessor"), and , a
corporation (the "Lessee").
W I T N E S S E T ~H:
THAT FOR and in consideration of the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
Lessor hereby leases to the Lessee, and the Lessee hereby Leases
from the Lessor, the property described in Exhibit A attached
hereto containing 14.634 acres (the "Property"), on and subject
to the following terms:
1. TERM. The term of this Lease shall coincide
with the term of that certain Disposal Services Agreement (the
"DSA") between and the Lessor, a copy of which
is attached hereto as Exhibit B, but in no event shall such term
exceed forty (40) years from the date of this Lease.
2. RENT. Rent in the amount of
($ ), shall be payable by the
Lessee to the Lessor annually, in advance and without demand
therefore being made commencing with the Commencement Date of the
DSA and continuing on each anniversary of the Commencement Date
of the DSA until expiration or termination of the DSA.
3. USE. The Property shall be used for joint
access with the Lessor and the operation, maintenance and support
of a construction/demolition/debris landfill adjacent to Landfill
No. 2 in accordance with and subject to the provisions of the
DSA.
4. CONDITIONS. This Lease is subject to all of
the terms and conditions of the DSA, which terms and conditions
are incorporated herein by reference and made a part hereof.
5. REAL ESTATE TAXES. The Lessee shall pay all
real estate taxes assessed against the Property. Due to the
uncertain length of the term of this Lease, for purposes of
§58.1-3203 of the Code of Virginia as now codified, it is agreed
that the term of this Lease shall be deemed to be twenty (20)
years.
6. COMPLIANCE WITH LAWS. During the term of this
Lease, the Lessee shall comply with all applicable laws affecting
the Property and the use thereof by the Lessee.
7. INSURANCE. With respect to the Property, the
Lessee shall maintain the insurance policies required by the DSA.
8. DEFAULT AND TERMINATION. A default under the
DSA shall be a default under this lease and entitle the non-
defaulting party to the same rights and remedies as provided in
the DSA. Either party may terminate this Lease for the same
reasons and in the same manner as provided in the DSA for
termination.
2
9. ASSIGNMENT. This Lease shall not be assigned
by the Lessee without the written consent of the Lessor.
10. MODIFICATION. This Lease constitutes the
entire agreement between the parties' and shall not be modified
except by written agreement executed by both parties.
11. CONDITIONS. This Lease is expressly
contingent upon the Lessee obtaining prior to July 1, 1999, all~
required permits, approvals and licenses necessary to operate a
construction/demolition/debris landfill.
IN WITNESS WHEREOF, the Lessor and the Lessee have
caused this Lease to be
authorized representatives.
executed by their respective duly
LESSOR:
CITY OF VIRGINIA BEACH
Attest:
BY:
city Manager
City Clerk
LESSEE:
(Seal)
Attest:
BY:
Title:
Secretary
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to- wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
JAMES K. SPORE, City Manager of the City of Virginia Beach,
Virginia, the Lessor, whose name as such is signed to the
foregoing writing, has acknowledged the same before me in my city
and State aforesaid on behalf of the city.
Given under my hand this
day of , 1996.
My commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and
for the City and State aforesaid, do hereby certify that RUTH
HODGES SMITH, City Clerk of the city of Virginia Beach, Virginia,
the Lessor, whose name as such is signed to the foregoing
writing, has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this
day of , 1996.
My commission expires:
Notary Public
STATE OF
CITY/COUNTY OF
, to-wit:
the City and State
aforesaid,
, a Notary Public in and for
do hereby certify that
, President, and
, Secretary, respectively of
4
, Lessee, whose name(s) as such are
signed to the foregoing writing, have acknowledged the same
before me in my City and State aforesaid on behalf of the Lessee.
Given under my hand this
day of , 1996.
my commission expires:
Notary Public
G: \DATA\FORMS\DF. EDS~WORKINO\DF3910.LSE
5
DISPOSAL SERVICES AGREEMENT
TABLE OF CONTENTS
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
2
CERTAIN DEFINITIONS ..................
CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEMENT 6
TERM .......................... 7
LEASE OF ADJACENT PROPERTY ................ 7
DISPOSAL OBLIGATIONS AND RIGHTS ........... 7
DISPOSAL FEES AITD HOST FEES .............. 8
9
PAYMENT ........................
10
COVENANTS OF ..................
12
COVENANTS OF CITY ..................
TITLE; INDEMNITY BY ~ CITY ......... 12
13
INSURANCE .......................
REMOVAL OF UNACCEPTABLE WASTE ........... 15
REPRESENTATIONS AND WARRANTIES OF ....... 15
REPRESENTATIONS AND WARRANTIES OF CITY ......... 16
ACCESS TO AND OPERATION OF THE FACILITY ........ 17
18
DEFAULT; TERMINATION ..................
PROVISIONS FOR EARLY TERMINATION ........... 19
EXTRAORDINARY LEVIES; CHANGE IN LAW; RENEGOTIATION 19
20
MISCELLANEOUS .....................
DISPOSAL SERVICES AGREEMERT
THIS DISPOSAL SERVICES AGREEMENT ("Agreement") is made
this day of , 1996, by and between
, a corporation, authorized to
do business in Virginia, (" .), and THE CITY OF VIRGINIA
BEACH, VIRGINIA, a Virginia Municipal Corporation of the
Commonwealth of Virginia (the "City").
W I T N E S E T Hs
WHEREAS, , desires to operate a Construction/
Demolition/Debris Landfill (as hereinafter defined) and recycling
facility at an existing inert materials landfill and sand mining
facility located adjacent to the City's Landfill No. 2 off
Centerville Turnpike in the City of Virginia Beach (which
Construction/Demolition/Debris Landfill and recycling facility,
with all improvements, modifications, expansions or other changes,
is known for purposes of this Agreement as the .Facility"); and
WHEREAS, the existing inert materials landfill operates
under a Conditional Use Permit heretofore approved by the Council
of the City to on March 26, 1990, a
copy of which is attached hereto as Exhibit 'A (the "CUP"); and
WHEREAS, requested from the City an amendment to
the CUP so as to allow the operation of the Facility; and
WHEREAS, the Council of the City approved amendments to
the CUP on September 26, 1995 a copy of which is attached hereto
and made a part hereof as Exhibit B (the CUP, as amended, being
hereafter referenced as the .Amended CUP"); and
WHEREAS, the City desires an additional solid waste
disposal facility to assist in meeting its recycling and disposal
responsibilities and needs; and
WHEREAS, the city desires to secure the disposal rights
at the Facility and the host fees from as set forth herein
in accordance with the terms hereof;
NOW, THEREFORE, in consideration of the mutual benefits
to be derived from this Agreement and of the representations,
warranties, covenants, conditions and other provisions hereinafter
set forth, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. CERTaiN DEFiNiTiONS.
(a) Actual Delivery. The term "Actual Delivery" means
the actual amount of Construction/Demolition/Debris Waste
delivered or caused to be delivered to the Facility during a
Contract Year by the City or Disposers, as hereafter defined.
(b) Applicable Laws. The term "Applicable Laws" means
each and all federal, state and local laws, rules,
regulations, orders, ordinances, permits, licenses, directives
and other approvals applicable to , the City, the
Facility or the transportation or disposal of
Construction/Demolition/ Debris Waste.
(c) City Haulers. The term "city Haulers" means those
City vehicles, City agents or City contractors collecting and
delivering City Construction/Demolition/Debris Waste to the
Facility.
(d) City Construction/Demolition/Debris Waste. The term
"city Construction/Demolition/Debris Waste" shall mean
Construction/Demolition/Debris Waste generated, collected and
delivered by the City or on behalf of the City by City
Haulers, as herein defined, but in no event shall it include
Construction/Demolition/Debris Waste collected by the City
from Disposers.
(e) Closure. The term "Closure" shall mean the
satisfactory completion of the closure requirements of all
Applicable Laws.
(f) Completely Filled or Rendered Unusable. The term
"Completely Filled or Rendered Unusable" means such time as
the Facility either is (i) permanently closed by or
(ii) completely filled or (iii) otherwise rendered unusable by
reason of the lack of or withdrawal of a required license,
permit, consent or other approval of any federal, state or
local government or by reason of any action by a court or any
administrative order, ruling or proceeding which occurs from
events other than 's failure to comply with any
required license, permit, consent or other approval of any
federal, state, or local government after has used all
reasonable administrative or judicial remedies to retain or
prevent the loss of such license or permit or to obtain such
consent or approval, or 's failure to comply with the
provisions of this Agreement.
(g) Construction/Demolition/Debris Landfill
.Construction/Demolition/Debris Landfill" means a land burial
facility engineered, constructed and operated to contain and
isolate Construction Waste, Demolition Waste, Debris Waste,
Inert Waste, or combinations of the above solid wastes.
2
(h) Construction Wast~ "Construction Waste" means solid
waste which is produced or generated during construction,
remodeling, or repair of pavements, houses, commercial
buildings, and other structures. Construction wastes include,
but are not limited to lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, paving materials, and metal
and plastics if the metal or plastics are a part of the
materials of construction or empty containers for such
materials. Paints, coatings, solvents, asbestos, and liquid,
compressed gases or semi-liquids and garbage are not
Construction Waste.
(i) Construction/Demolition/Debris Waste. The term
.Construction/Demolition/Debris Waste" shall mean Construction
Waste, Demolition Waste, Debris Waste, and Inert Waste, as
hereinafter defined, amd combinations of the above solid
wastes.
(j) Contract Year. The term "Contract Year" shall mean
a period of 12 successive months beginning on the first of
July following the Commencement Date and each first of July
thereafter during the term of this Agreement; provided,
however, that the period from the Commencement Date until the
beginning of the first Contract Year shall be the initial
contract year and the final contract year shall be the
contract year during which the Facility becomes Completely
Filled or Rendered Unusable. The "Commencement Date" shall
mean the last to occur of the effective date of the Amended
CUP or the date on which receives all of the required
permits, approvals and licenses necessary to operate the
Facility, which in no event shall be later than July 1, 1999.
(k) Debris Waste "Debris Waste" means wastes resulting
from land clearing operations. Debris wastes include, but are
not limited to stumps, wood, brush, leaves, soil, and road
spoils.
(1) Demolition Waste "Demolition Waste" means that
solid waste which is produced by the destruction of structures
and their foundations and includes the same materials as
construction wastes.
(m) Disposers. The term "Disposers" means each and any
disposer of Non-City Construction/Demolition/Debris Waste
collected and delivered to the Facility other than the City.
(n) Force Majeure. The term "Force Majeure" means any
act, event or condition relied upon by a party as
justification for delay in or excuse from performing an
obligation (other than the obligations to make the payments
called for by this Agreement) or complying with any condition
required of such party under this Agreement, which act, event
3
or condition is beyond the actual control of the party,
relying thereon, including, without limitation: (i) an act of
od, epidemic, landslide, lightning, earthquake, fire,
explosion, storm, flood or similar occurrence, an act of
public enemy, war, embargo, blockade, insurrection, riot,
general arrest or restraint of government and people, civil
disturbance or disobedience, sabotage or similar occurrence;
(ii) a strike, work slowdown, or similar industrial or labor
action; (iii) the order or judgment or other act of any
federal or state court, administrative agency or governmental
office or body; (iv) the denial, loss, suspension, expiration,
termination or failure of renewal of any permit, license or
other governmental approval required to operate the Facility;
(v) the adoption or change (including a change in interpre-
tation) of an Applicable Law adversely affecting the
obligations of either party hereunder; (vi) breakage or
accidents to machinery or equipment; or (vii) delays in
obtaining, or reductions or shortages of supplies, materials,
equipment, fuel, or soil or other cover material, necessary to
's performance hereunder.
(o) Guaranteed city CapacitY. The term .Guaranteed City
Capacity" means that number of cubic yards of City
Construction/Demolition/Debris Waste for which
guarantees the City disposal rights at the Facility and which
guaranteed amount shall equal the product obtained by
multiplying by 1.25 the additional cubic yards of capacity
which the Facility will have as a result of the lease by the
City to of the Adjacent Property as compared to the
capacity the Facility would have had without the use of the
Adjacent Property as finally determined by 's engineers
and verified by the City as of the Commencement Date by.
Following such determination and verification, the parties
shall evidence the actual Guaranteed City Capacity by an
addendum to this Agreement.
(p) Hazardous Waste. The term .Hazardous Waste" means
all waste defined as hazardous materials, hazardous wastes,
hazardous substances, toxic wastes or substances or
radioactive waste as those terms are defined by the Resource
Conservation and Recovery Act of 1976; the Comprehensive
Environmental Response, Compensation and Liability Act of
1980; the Atomic Energy Act of 1954; the Toxic Substances
Control Act; the Occupational Health and Safety Act; each
comparable or similar Virginia statute; or any other
Applicable Law and the rules and regulations promulgated under
any of the foregoing, as each from time to time may be
amended, provided that the term Hazardous Waste shall be
construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by
two or more governmental agencies having concurrent or
overlapping jurisdiction over Hazardous Waste.
(q) Inert Waste "Inert Waste" means solid waste which
is physically, chemically, and biologically stable from
further degradation and considered to be nonreactive. Inert
wastes include rubble, concrete, broken bricks, bricks, and
blocks.
(r) Infectious Waste. The term "Infectious Waste" means
waste that may be considered pathological or bio-hazardous
originating from hospitals, public or private medical clinics,
departments or research laboratories, pharmaceutical
industries, medical or dental offices, nursing homes, blood
banks, forensic medical departments, mortuaries, veterinary
facilities and other similar facilities and includes, but is
not limited to, equipment, instruments, utensils, fomites,
laboratory waste (including pathological specimens and fomites
attendant thereto), surgical facilities, equipment, bedding
and utensils (including pathological specimens and disposable
fomites attendant thereto), sharps (including for example
hypodermic needles and syringes), dialysis unit waste, animal
carcasses, offal and body parts, biological materials
(including for example vaccines and medicines) and other
similar materials.
(s) Non-City Construction/Demolition/Debris Waste. The
term "Non-City Construction/Demolition/Debris Waste" shall
mean all Construction/Demolition/Debris Waste other than City
Construction/Demolition/Debris Waste.
(t) Solid Waste. The term "Solid Waste" means any
garbage, refuse or rubbish resulting from industrial,
commercial, residential or community activities, but
specifically excludes: (i) Construction/Demolition/Debris
Waste; (ii) Infectious Waste; (iii) Hazardous Waste; (iv)
Special Waste; and (iv) any other material which does not
strictly conform to the description of materials which the
Facility is permitted to dispose of under its permits and all
Applicable Laws.
(u) Special Waste. The term "Special Waste" means
material generated, directly or indirectly, as a result of a
manufacturing process or from the removal of contaminants from
the air, water or land; industrial process waste; pollution
control waste; sewage, sewage sludge or other residue from
waste water treatment facilities; and other refuse or rubbish
which is allowed by permit to be disposed of at the Facility
but which is required by or any governmental authority
or by its general nature to be handled or disposed of other
than in accordance with the Facility's normal disposal and
fill operating procedures for Construction/Demolition/Debris
Waste. Special Waste specifically excludes Solid Waste,
Construction/Demolition/Debris Waste, Hazardous Waste and
Infectious Waste.
2. CONDITIONS PRECEDENT TO COMMENCEMENT OF AGREEHENT.
(a) 's Conditions Precedent. The obligations of
hereunder are subject to the satisfaction of the
following conditions precedent:
(i) City shall have delivered to evidence
of City's approval of the Amended CUP to permit the
operation of a Construction/Demolition/Debris Landfill;
and
(ii) City shall have delivered to evidence
of City's adoption of an ordinance or resolution
approving the lease of the Adjacent Property (hereafter
defined); and
(iii) City shall have delivered to evidence
of City's issuance of a conditional use permit applicable
to the Adjacent Property which contains substantially the
same terms and permits the same activities as the Amended
CUP or other evidence that the Adjacent Property can be
used as a Construction/Demolition/Debris Landfill without
additional use permits or amendments to existing use
permits ; and
(iv) shall have obtained all necessary
regulatory permits, approvals and licenses necessary for
the operation of the Facility as a Construction/
Demolition/Debris Landfill, it being understood and
agreed that the Virginia Department of Environmental
Quality ("DEQ') will require evidence of (i), (ii), and
(iii) above as a condition precedent to the issuance of
any permit.
(b) City's Conditions Precedent.
City hereunder are subject to the
following conditions precedent:
The obligations of
satisfaction of the
(i) As of the Commencement Date there has not been
any material adverse change in the financial condition of
since
(ii) shall have obtained all necessary
regulatory permits, approvals and licenses for the
operation of the Facility as a Construction/
Demolition/Debris Landfill.
(iii) The Facility is in material compliance with all
Applicable Laws.
(iv) has provided City with evidence that
has met the requirements for insurance as
described herein, and has meet all of the financial
assurance requirements required by DEQ for the operation
of the Facility.
(v) Neither this Agreement, the Ordinance, nor the
Facility is the subject of litigation, the reasonably
likely result of which could materially affect the
performance of one or both of the parties to this
Agreement.
3. TERM. Subject to the conditions precedent set
forth in Section 2 and unless sooner terminated pursuant to
Section 16 or 17 hereof, the initial term of this Agreement
shall commence on the Commencement Date and continue until the
Facility is Completely Filled or Rendered Unusable, subject to
events of Force Majeure, or at such time as the City has
disposed of the Guaranteed City Capacity of City Construction/
Demolition/Debris Waste whichever shall first occur (the
.Initial Term"). The City may continue to dispose of City
Construction/Demolition/Debris Waste after it has disposed of
the Guaranteed City Capacity as hereinafter provided. The term
following the Initial Term and continuing until the Facility
is Completely Filled or Rendered Unusable shall be referred to
herein as the "Extended Term". The term of this Agreement
shall include the Initial Term, the Extended Term, if any, and
the period following Closure or termination during which
has any outstanding obligations hereunder
(collectively, the "Term").
4. L~ASE OF ADJACENT PROPERTY
On the Commencement Date and provided has met all
of the conditions precedent set forth in Section 2, the City
agrees to and hereby does lease to and agrees
to and hereby does lease from the City on the terms and
conditions set forth herein at an annual rental of
($ ) per year until the Facility is Completely Filled or
Rendered Unusable and has been closed by in accordance
with all Closure requirements , that certain property
containing a total of 14.634 acres located between the
Property (hereinafter defined) and the City's Landfill No. 2
and more particularly described on Exhibit C (the .Adjacent
Property") of which 2.382 acres is reserved as a common access
easement as is also shown on Exhibit C for the joint use by
and the City. and the City agree to share
equally the cost of maintaining the common access easement.
The lease of the Adjacent Property shall be subject to all
easements, right of ways, and restrictions whether recorded or
not. In the event that DEQ requires a separate lease agreement
7
as a condition of the issuance of the permit, the City agrees
to execute and deliver the lease agreement as provided herein
subject to the condition that the permit is thereafter
subsequently issued by DEQ. The terms and conditions of this
Agreement shall be made a part of any such lease agreement.
5. DISPOSAL OBLIGATIONS AND RIGHTS.
(a) DisDosal of Construction/Demolition/Debris Waste by,
· During the term of this Agreement agrees to
recei%e and dispose only of (1) City
Construction/Demolition/Debris Waste delivered to the Facility
by the City or City Haulers, and (2) Non-City
Construction/Demolition/Debris Waste delivered to the Facility
by the Disposers and to accept such Construction/Demolition/
Debris Waste for disposal at the Facility in accordance with
the terms of this Agreement; provided, however, that ,
in its sole discretion, shall have the right to reject any
material which determines does not constitute
Construction/Demolit ion/Debris Waste.
(b) Obliqation of City. The City shall require each
City Hauler of City Construction/Demolition /Debris Waste to
observe all the obligations under this Agreement to the same
extent that City is obligated to perform its obligations
hereunder.
(c) The provisions of (a) and (b) of this Section to the
contrary notwithstanding and provided this Agreement has not
been otherwise terminated, may terminate this
Agreement after the expiration of twenty (20) years from the
Commencement Date upon thirty (30) days written notice to the
City.
6. DISPOSAL FEES AND HOST FEES.
(a) Base Disposal Fee. The initial Base Disposal Fee
for city Construction/Demolition/Debris Waste other than
Exempt city Construction/Demolition/Debris Waste delivered by
the City or by City Haulers during the Initial Term and
applicable to the Guaranteed City Capacity shall be
Dollars ($__) per cubic yard. There shall be
no Disposal Fee for Exempt city Construction/
Demolition/Debris Waste. As used herein the term "Exempt city
Construction/ Demolition/ Debris Waste" shall mean City
Construction/ Demolition/Debris Waste which can be and is
utilized by in the operation of the Facility as
determined by in good faith at the time of its
delivery to the Facility. The Disposal Fee for city
Construction/Demolition/Debris other than Exempt city
Construction/Demolition/Debris Waste delivered by the City or
8
by City Haulers during the Extended Term shall be the
prevailing gate rate charged by to commercial
customers from time to time throughout the Extended Term.
(b) Host Fees. shall pay the City an
initial Host Fee in accordance with Exhibit D attached
hereto and made a part hereof for all Non-City
Construction/ Demolition/Debris Waste disposed of at the
Facility other than Non-City Construction/Demolition/
Debris Waste for which did not receive the posted
gate rate and which can be used by in the operation
of. the Facility as determined by in good faith at
the time of its delivery.
(c)
(±)
Increase in Base DisDosal Fee and Host Fee.
During the Initial Term, the initial Base Disposal
Fee set forth above will be increased as of each
July 1st, commencing on July 1st of the second
complete Contract Year, by an amount calculated by
multiplying the initial Base Disposal Fee by a
fraction, the numerator of which is the Consumer
Price Index most recently published preceding the
commencement of the Contract Year for which the
increase is being computed and the denominator of
which shall be the Consumer Price Index most
recently published preceding the Commencement Date.
(ii) Also the initial Host Fee set forth above will be
increased as of each July 1st, commencing on July
1st of the second complete Contract Year, by an
amount calculated by multiplying the initial Base
Host Fee by a fraction, the numerator of which is
the Consumer Price Index most recently published
preceding the commencement of the Contract Year for
which the increase is being computed and the
denominator of which shall be the Consumer Price
Index most recently published preceding the
Commencement Date.
For purposes of this Agreement, the term .Consumer
Price Index" shall mean the All Urban Consumer Price
Index (CPI-U, U.S. City Average, All Items, 1982/1984 =
100) as published by the United States Department of
Labor. If such Consumer Price Index should be discon-
tinued, then any successor Consumer Price Index of said
Department of Labor, or any successor agency thereto,
shall be used, and if there is no such Consumer Price
Index future adjustments shall be computed using the most
closely comparable statistics on the purchasing power of
the consumer dollar as published by a responsible
9
financial authority and selected by and approved
by the City.
(d) Measurement. The number of cubic yards of
Construction/Demolition/Debris Waste for each vehicle shall be
determined upon its entrance to the Facility based upon the
full rated cubic yard capacity of the vehicle and noted on the
trip ticket. No vehicle shall proceed beyond the established
check-in point without a trip ticket.
7. PAYMENT.
(a) Payment of Disposal Fees. shall issue a
trip ticket to each vehicle delivering City Construction/
Demolition/Debris Waste to the Facility, which trip ticket
shall show the date, vehicle number and the number of cubic
yards of City Construction/Demolition/Debris Waste in each
load to establish charges. On a monthly basis shall
send City an invoice which shall include all charges through
the last day of the preceding month based on the Disposal Fee
in effect at that time. City agrees to pay all charges due
and owing hereunder to within 30 days after the date
of each such statement. Amounts shown on each invoice which
are outstanding from City to for more than 30 days
shall accrue an immediately payable service charge commencing
with the date of the applicable invoice. Such service charge
shall be the lesser of twelve percent (12%) per annum or the
maximum percentage allowable by law; provided, however, that
accrual of such service charge shall not remedy City's default
for nonpayment.
(b) Payment of Host Fees. shall pay the City
within thirty (30) days following the end of each month all
Host Fees due to the City for the immediately preceding month
and shall submit to the City a written report indicating the
total amount of Non-City Construction/Demolition/Debris Waste
delivered to the Facility and how the Host Fee payment was
calculated.
(c) Nettinq Invoices. may, if it so elects,
credit the amount of Host Fees which it owes the City against
the amount of Disposal Fees due by the City and
invoice the City for the difference if the Disposal Fees due
exceed the Host Fees payable, or remit the difference to the
City if the Host Fees payable exceed the Disposal Fees due.
8. COVENANTS OF
(a) Compliance with Law. shall operate the
Facility in compliance with all Applicable Laws.
10
(b) Traffic Control If after the Commencement Date the
increased traffic volume at the intersection of Jake Sears
Road and Centerville Turnpike primarily attributable to the
Facility warrants traffic control lights, will, at its
expense, purchase and install such lights, otherwise
will equitably share the expense of purchasing and installing
such traffic control lights with the City at such time as
general traffic volume warrants such lights; and
(c) Other Common ExDenses Except as herein provided to
the contrary, will also equitably share the expense of
activities or programs which benefit or effect jointly the
Facility and the City's Landfill No. 2. Such activities or
programs shall include without limitations, surface and
groundwater management and monitoring, leachate control,
access and access control.
(d) Buffer Area will at its expense construct
and maintain until Closure a buffer area along the entire
property boundary adjacent to Centerville Turnpike and
adjacent properties in accordance with specifications and
requirements prescribed by the Virginia Department of
Transportation (VDOT), and to the extent that they do not
conflict with and are not more expensive than VDOT's
specifications, with any specifications of the City for the
screening of landfills.
(e) Additional Covenants. As consideration for the
approval of the Amended CUP , the leasing of the Adjacent
Property and the execution of this Agreement by the City,
during the term of the lease of the Adjacent Property and
during the term of this Agreement, ~ covenants and
agrees to:
(1) develop the Adjacent Property as a part of the
Facility for the disposal of Construction/Demolition/ Debris
Waste; and
(2) guarantee the City the right to dispose of the
Guaranteed City Capacity of City Construction/Demolition/
Debris Waste at the Disposal Fees herein established; and
(3) guarantee and pay the City Host Fees at the rates
herein established until the Facility is Completely Filled or
Rendered Unusable; and
(4) coordinate with the City and thereafter implement a
plan for Closure of the Facility which compliments the City's
plan for Closure of its adjacent Landfill No. 2;; and
(5) surrender the Adjacent Property to the City
following Closure in accordance with all Applicable Laws, or
the earlier termination of this Agreement; and
(6) after Closure, convey to the City for and in
consideration of the sum of Ten Dollars ($10.00) by general
warranty deed with English Covenants of title, but without any
express or implied warranty as to future use, free and clear
of all liens and encumbrances, good marketable, fee simple
title to the real property more particularly described on
Exhibit E attached hereto and made a part hereof (the"
Property") and on which the Facility (not including the
Adjacent Property) is to be located; and
(7) conduct or have conducted at its expense all post-
Closure monitoring required at the Facility including the
Adjacent Property, under the closure provisions of all
Applicable Laws, including without limitation, groundwater and
leachate monitoring; and
(8) use its best good faith efforts to apply for and
obtain all required permits, licenses and approvals necessary
for the operation of the Facility as a Construction/
Demolition/Debris Landfill as soon as possible, and to keep
and maintain in force all such permits, licenses and approvals
and renewals and extensions thereof during the existence of
this Agreement; and
(9) grant City an easement for the location of City's
roadway associated with City's Landfill No. 2 over, across and
through that portion of 's property on which said
roadway currently encroaches; and
(10) provide the City with copies of any owner's or
mortgagee's title insurance policies and surveys may
from time to time obtain for the Property during the
term of this Agreement.
9. COVENANTS OF CITY.
(a) Equipment Damaqe. city shall be responsible for all
damage to equipment occurring at the Facility caused
by the negligent act or omission of City or City Haulers.
(b) Compliance. City shall require operators of its
vehicles and the operators of City Haulers' vehicles
delivering City Construction/Demolition/Debris Waste to the
Facility to comply with all Applicable Laws and 's
policies, rules and regulations to ensure that no material
which does not conform to the definition of Construction/
Demolition/Debris Waste under this Agreement is delivered to
the Facility.
12
(c) Post-Closure Maintenance. After Closure, the City
at its expense will maintain the surface of the Facility and
the Adjacent Property and perform all grass cutting and
landscaping maintenance.
10. TITLE! IND~m~ITY BY AND CITY.
(a) Title. Title to and all risks and responsibilities
for the City Construction/Demolition/ Debris Waste transported
to the Facility shall pass to at the time the City
Construction/Demolition/Debris Waste is fully removed from the
'n
transport1 g vehicles and accepted by as Construction/
Demolition/Debris Waste at the Facility. Title to and all
risks and responsibilities for material which does not conform
to the definition of City Construction/ Demolition/Debris
Waste under this Agreement shall remain with City and shall
never 'pass to whether or not disposed of at the
Facility.
shall defend,
(b) Indemnity by ...
indemnify and hold harmless City, its officials,
representatives and employees, from and against all
liabilities, losses, penalties, charges, claims, damages and
expenses whatsoever (including, but not limited to, reasonable
attorneys' fees and expenses of investigation and litigation),
which City, its officials and their representatives and
employees suffer or sustain or become liable for, by reason of
.the actions, omissions or negligence of , its agents,
representatives and employees in connecti6n with the
performance of under this Agreement, the operation of
the Facility and/or the non-compliance by with any
Applicable Laws, which cause or otherwise result in damages or
injuries (either to persons or property, real or personal, or
both), including, without limitation, injuries resulting in
death.
All costs associated with violations of any Applicable
Laws including, but not limited to, remediation, clean-up
costs, fines, administrative and civil penalties or any
regulatory agency or any third party, as a result of the non-
compliance with Applicable Laws by or by its
contractors, consultants, employees, or any persons,
corporations or other legal entities legally acting for or
behalf , shall be paid by
(c) Responsibility of city. To the extent authorized
by law, City shall be responsible for all liabilities, losses,
penalties, charges, claims, damages and expenses whatsoever
(including, but not limited to, reasonable attorneys' fees and
expenses of investigation and litigation), which its
officers, directors, and employees suffer or sustain or become
13
liable for, by reason of the negligence or willful misconduct
of City, its officials, agents, and employees in connection
with City's obligations under this Agreement, which cause or
otherwise result in damages or injuries (either to persons or
property, real or personal, or both), including, without
limitation, injuries resulting in death.
11. INS~IRANCE.
(a) Insurance by City. At all times during the Term,
City shall require each City Hauler to keep, in full force and
effect with an insurance company or companies licensed to do
business in the Commonwealth of Virginia workers' compensation
in the amount from time to time required by law, and general
liability insurance with combined single limit of at least One
Million Dollars ($1,000,000) with respect to injury or death
and with respect to damage to property. City may self-insure
with respect to City-owned vehicles.
shall obtain and
(b) Insurance by . ...
maintain during the Term with an insurance company or
companies licensed to transact the business of insurance in
the Commonwealth of Virginia, the following insurance:
1. Workers Compensation Public Liability Insurance
coverage in a minimum amount at all times equal to the
statutory limits required from time to time under Title 65.2
of the Code of Virginia, as amended; and
2. Commercial General Liability Insurance
coverages with a combined single limit for personal injury
and property damage of at least One Million Dollars
($1,000,000.00) which policies shall name the City as an
additional insured; and
3. Automobile Liability Insurance, including.
coverage for non-owned and hired vehicles with a combined
single limit for personal injury and property damage of at
least One Million Dollars ($1,000,000.00); and
4. Contractual Liability Insurance coverage for
products and completed operations of at least Three Million
Dollars ($3,000,000.00) in the aggregate; and
5. Environmental Impairment Liability Insurance
coverage in the amount of $5,000,000 per occurrence and
$10,000,000 aggregate so long as such insurance is commer-
cially available at a rate which is not substantially higher
than on the date hereof taking into consideration increases
in the consumer price index in the same manner as provided
in other provisions of this Agreement. city shall not be
14
named as an additional insured on this policy without prior
written approval of the City's Risk Management Division
Administrator.
Ail policies of insurance required herein shall be
in a form and written by insurance companies acceptable to
City, and, except as to the Environmental Impairment
Liability Insurance, shall where applicable name the City as
an additional insured, and shall contain a provision that
the policy will not be canceled or materially modified
without thirty (30) days prior written notice to the City.
City reserves the right to require increased coverage
amounts and/or additional coverages in accordance with
industry standards and requirements of law every three (3)
years during the Term of this Agreement. The City shall be
provided with certificates of insurance for all coverages
required hereunder. Upon request, the City shall be
provided with copies of the policies of insurance required
hereunder.
12. P~MOVa?, OF UNACCEPTABLE WASTE. city agrees that
neither it nor any City Hauler will dispose of any Hazardous
Waste, Infectious Waste, Special Waste, Solid Waste, or any other
material which is not Construction/Demolition/Debris Waste at the
Facility. If City or any city Hauler delivers any material which
does not conform to the definition of Construction/Demolition/
Debris Waste under this Agreement and to the requirements of all
Applicable Laws to the Facility, then (in addition to 's
other remedies pursuant hereto or in accordance with any Applicable
Laws), if notifies City of the delivery of such
nonconforming materials, City shall promptly remove or cause the
offending City Hauler to remove such nonconforming material from
the Facility without expense to
13. R~PRESENTATIONS AND WARRANTIES OF ,. As a
material inducement to City to enter into this Agreement,
represents and warrants that at the date hereof:
(a) Orqanization. is duly organized, validly
existing and in good standing under the laws of the State of
and is qualified to do business in the Commonwealth
of Virginia and has all requisite corporate power and
corporate authority to execute and perform its obligations
under this Agreement. agrees to remain in good
standing and so qualified until no longer has any
outstanding obligations under this Agreement.
(b) Authority... The execution, delivery and performance
of this Agreement has been approved and authorized by all
necessary corporate action of This Agreement
15
constitutes a legal, valid and binding obligation of ,
enforceable in accordance with its terms.
(c) No Conflict~. The execution, delivery and per-
formance of this Agreement will not constitute a violation or
breach of the certificate of incorporation or bylaws of
, or of any provision of any contract, permit, license,
agreement or other obligation to which is a party or
by which or any of its assets (including the Facility)
are bound, or any writ, injunction, decree, or Applicable Law
to which or any of its assets (including the Facility)
are subject.
(d) No Litiqation,. There are no pending or threatened
lawsuits, orders or other challenges to the operations of
pertaining to or affecting the performance by it of
its obligations hereunder.
(d) No Collusion. This Agreement has been made without
collusion or fraud and that has not offered or
received kickbacks or inducements from any office, supplier,
manufacturer or subcontractor in connection with this
Agreement, and that it has not conferred on any public
employee having any official responsibility for this
transaction, any payment, loan, subscription, advance, deposit
of money or anything of more than nominal value, present or
promised, unless something of substantially equal or greater
value was exchanged.
(e) Equal Employment. will comply with
Executive Order No. 11246, entitled "Equal Employment
Opportunity" as supplemented in the United States Department
of labor Regulations (41 C.F.R. pt. 60), the Federal civil
Rights Act of 1964, as amended, the Virginia Fair Employment
Act of 1975, as amended, where applicable, Section 11-51 of
the Virginia Public Procurement Act, and all equal opportunity
ordinances and policies of the City.
(g) Licenses and Permits. represents and
warrants that it possesses all necessary lic'~nses and permits
required to conduct its business and will acquire any
additional licenses and permits necessary for operating the
Facility and otherwise performing its obligations under this
Agreement.
14. REPRESENTATIONS ~__ND WARRANTIES OF CITY. As a
material inducement to to enter into this Agreement, city
represents and warrants to the best of its knowledge and belief and
without intensive investigation that at the date hereof:
16
(a) Authority. City has all requisite power and
authority to execute and perform this Agreement and the
execution, delivery and performance of this Agreement has been
approved and authorized by all necessary action of City. This
Agreement constitutes a legal, valid and binding obligation of
City enforceable in accordance with its terms.
(b) No Conflicts. The execution, delivery and
performance of this Agreement will not constitute a violation
or breach of the charter of City, or of any provision of any
contract, permit, license, agreement or other obligation to
which City is a party or by which City is bound, or any writ,
injunction, decree, or Applicable Laws to which City is
subject.
(c) No Litiqation. There are no pending or threatened
lawsuits, orders or other challenges to the operations of City
pertaining to or affecting the performance by it of its
obligations hereunder.
15. ACCESS TO AND OPERATION OF THE FACILITY.
(a) Access. The City and each City Hauler of City
Construction/Demolition/Debris Waste shall have access to the
Facility, in common with all other customers of the Facility,
during all normal hours of operation of the Facility and
otherwise in accordance with the rules and regulations
established by from time to time for operation of, and
disposal of Construction/ Demolition/Debris Waste at, the
Facility. The current Facility operation hours are 7:00 a.m.
- 6:00 p.m., Monday through Friday and 7:00 a.m. - 4:00 p.m.
on Saturday, excluding holidays, shall have the right
to alter the current operation hours upon written notice to
City, provided, that except in cases of emergency or without
the prior approval of City, such hours shall not be extended
to commence prior to 7:00 a.m. or extend after 6:00 p.m. and
shall not include Sundays. City shall have access to the
Facility during operation hours, and, at other times, upon
reasonable notice to , to inspect the Facility, to
conduct engineering tests and studies, surveys and other
inspections and tests as City deems appropriate and to monitor
compliance with this Agreement.
(b) Access to Facility The City agrees to and does
hereby grant to at no cost to the right of
ingress and egress to the Facility from Jake Sears Road across
the City's Property on which the City's Landfill No. 2 is
located during the Initial and the Extended Term of this
Agreement, provided that any cost or expense of constructing
and or maintaining that portion of such access used solely for
ingress and egress to the Facility shall be paid by ,
and the cost of constructing and maintaining that portion of
17
such access jointly used by the City and shall be
equitably shared.
(c) Emerqenc¥ Access. The provisions of paragraph (a)
above to the contrary notwithstanding, will provide
the City around the clock twenty-four (24) hour access to the
Facility during times of emergency as determined by the City
without notice and without additional cost or expense to the
City; provided that such access is not prohibited under any
permit or license regulating the use and/or operation of the
Facility.
(d) Rules and Requlations. city acknowledges the right
of to make, change and enforce reasonable rules and
regulations regarding the operation of, and disposal of
Construction/Demolition/Debris Waste at the Facility, and City
shall abide by, and shall require all City Haulers to abide by
such rules as are established from time to time; provided,
however, such changes shall not alter or diminish the rights
or obligations of the City or under this Agreement.
(e) Refusal of Service. reserves the right (i)
to refuse access to the Facility to the City or any city
Hauler for repeatedly failing to comply with 's rules
and regulations for the operation of the Facility after due
notice of such violations to the City; and (ii) to refuse
access immediately to the City or any City Hauler for at any
time delivering materials which are not Construction/
Demolition/Debris Waste or which otherwise jeopardizes human
health or the environment.
16. DEFAULT! TERMINATION.
(a) Default by city shall have the right to
terminate this Agreement, in ~ity's sole option, in the event
of the occurrence and continuance of any of the following (a
"Default"):
(i) material breach by of any of the terms
or conditions of this Agreement, which breach is not
cured within 60 days after written notice of same is
given by City to ; provided, however, that if the
nature of the breach is such that it cannot reasonably be
cured within 60 days, then City shall not be entitled to
terminate this Agreement with respect to such breach if
commences said cure within such 60 day period and
thereafter diligently prosecutes same to completion; or
(ii) commencement of any voluntary or involuntary
bankruptcy or insolvency proceedings by or against
or commencement of reorganization proceedings by
or against under any state or federal debtor
relief statute; provided, that any such involuntary
18
proceeding is
instituted.
not dismissed within 120 days after being
(b) Default by City. shall have the right to
terminate this Agreement, in 's sole option, in the
event of the occurrence and continuance of any of the
following (a .Default"):
(i) failure of city to comply with its payment
obligations under this Agreement within thirty (30) days
after the due date of each such payment, which failure
occurs five (5) times or more within any Contract Year;
or
(ii) material breach by City of any of the
nonmonetary terms or conditions of this Agreement, which
breach is not cured within 60 days after written notice
of same is given to City by ..; provided, however,
that if the nature of said breach is such that it cannot
be cured within sixty (60) days, then shall not
be entitled to terminate this Agreement with respect to
such breach if City commences said cure within such 60
day period and thereafter diligently prosecutes same to
completion.
(c) Cash Basis Delivery. In addition to any other remedies
it may have in the event of a Default under Section 15(b),
shall have the right to refuse to accept City
Construction/Demolition/Debris Waste, or to do so only upon
payment of the disposal fee by City in cash in advance.
(d) Effect of Termination. Any termination of this Agreement
shall not result in the termination of any obligation of any
party hereunder that has accrued at the time of termination,
and in no event shall the termination of this Agreement
operate to excuse any obligation of any party for breach of a
representation or warranty under this Agreement or for failure
to perform under the indemnity provisions of this Agreement,
Closure or post-Closure requirements or' other obligations
required by law to be fulfilled subsequent to termination of
this Agreement, all of which provisions shall survive
termination of this Agreement unless otherwise provided
herein.
17. PROVISIONS FOR EARLY TERMINATION.
In addition to its other rights under this Agreement,
shall be entitled to terminate this Agreement upon 30 days
written notice to City in the event that the Facility is Completely
Filled or Rendered Unusable. Additionally, either City or
may terminate this Agreement upon thirty (30) days written notice
19
to the other in the event the conditions precedent set forth in
Section 2 above are not satisfied by the Commencement Date.
18. ~XTRAORD'r~_~Y LEVIES/ CHAN~E IN LAW! RENE~OTIATION.
Notwithstanding any other provision to the contrary contained
herein, in the event that during the Term of this Agreement there
is levied upon or upon the operations of the Facility any
extraordinary tax, assessment or charge by any governmental
authority or there occurs a substantial change in regulatory
requirements related to the operation of the Facility or the waste
disposal business and having general applicability to the Facility
or the waste disposal business which includes the Facility (but not
related to any action, omission or condition solely of the Facility
or such as fines or penalties imposed by a court or other
governmental authority), which tax, assessment, charge or
substantial change increases 's cost of providing services
hereunder, such amount shall be proportionately assessed to all
customers of the Facility and the portion so assessed to City
hereunder shall be added to the Disposal Fee to be paid by City;
provided, however, that if City and cannot agree on a
renegotiation of the Disposal Fees provided for herein, then either
party may terminate this Agreement upon 60 days written notice to
the other. The Disposal Fees and Host Fees agreed upon herein by
are based upon the assumption that will only have
to pay the City a business license tax at the rate in effect for
the calendar year 1995 (the "Current Rate"), and that is
not subject to any other license tax or fee under the City's Solid
Waste ordinances for operation of the Facility. If the City
subsequently raises the Current Rate or imposes additional license
taxes or fees on the operation of the Facility, the Disposal Fees
and the Host Fees shall be adjusted proportionately. The provisions
of this Section are not intended to apply to any real estate taxes
otherwise payable by to the City on the Property or the
Adjacent Property, and it is understood and agreed that real estate
taxes imposed on the Adjacent Property shall be payable under the
provisions of Section 58.1-3203 of the Code of Virginia as now
codified and that for such purposes the term of the lease of the
Adjacent Property shall be deemed to be twenty (20) years.
19. ~ISCELLANEOUS.
(a) Waiver. Any party may waive any portion or portions
of its rights hereunder without affecting the balance of this
Agreement, but no such waiver shall be valid unless in writing
signed by the party waiving and only to the extent therein set
forth.
(b) Third Party Beneficiary. Each of the parties hereto
intends that shall be a third party beneficiary to
this Agreement, shall be entitled to the benefits hereof and
2O
shall have the ability to exercise the rights granted to it
herein as fully as if it were a direct signatory hereto.
(c) City Assistance. The City agrees to provide
reasonable assistance to in obtaining all local, state
and federal permits, licenses and approvals for the use and
operation of the Facility, including without limitation, such
licenses, permits and approvals as may be required by the
Virginia Department of Environmental Quality or any successor
agency to it. As used herein the term "reasonable assistance"
shall mean reasonable efforts to provide on a timely basis all
applicable information within the City's control and
possession to assist the decision maker in making an informed
decision on such permits, licenses or approvals, and to convey
to the decision maker the City's interest in seeing that such
permits, licenses and approvals are granted.
(d) Amendment; Remedies Cumulative. This Agreement
shall not be altered, modified or otherwise amended except by
a writing executed by each party. Any failure on the part of
any party to this Agreement at any time to require the
performance by any other party of any term or provision
hereof, even if known, shall in no way affect the right
thereafter to enforce the same, nor shall it be taken or held
to be a waiver of any succeeding breach. No right, remedy or
election given by any term of this Agreement shall be deemed
exclusive but each shall be cumulative with all rights,
remedies and elections available at law or in equity.
(e) Notices. Ail notices, requests, demands, and other
communications by either party to the other shall be in
writing and may be either: (i) delivered personally to the
party named below; (ii) deposited in the U.S. mail, registered
or certified, return receipt requested; or (iii) sent by
overnight courier service, in each case to the party's address
set forth below:
If to :
ATTN:
with a copy to:
ATTN:
21
and a copy to:
If to City:
city Manager
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
with a copy to:
City Attorney
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
or to such other address, and to the attention of such other person
or officer, as either party may designate in writing by notice duly
given pursuant to this Section 19(e). Notices shall be deemed
delivered and effective when: (A) delivered in person, (B) three
business days after being placed in the U.S. mail, properly
addressed, with sufficient postage, or (C) the day after sent by
overnight courier service.
(f) Assiqnment; Subcontractinq. This Agreement shall be
binding on and shall inure to the benefit of the parties
hereto and their respective successors and assigns. City
shall not have the right to assign or otherwise transfer its
rights and obligations hereunder without the consent of
shall not be entitled to assign or
subcontract its rights and obligations hereunder, without the
prior written consent of City, and without the agreement of
the assignee to assume the obligations of hereunder.
Unless expressly agreed by the City in writing, shall
not be released from its liabilities and obligations hereunder
in the event of any subsequent assignment and assumption.
(g) Relationship of Parties. This Agreement shall not
be construed so as to create the relationship of principal and
agent or of partnership or joint venture or of any other
association between city and except that of
independent contractor. The part~es hereto agree to act as
independent contractors, and as such, except as otherwise
specifically set forth in this Agreement, each party shall be
liable for its own governmental or business operation,
insurance, taxes, licenses, permits, expenses, and all other
liabilities and obligations~
22
(h) Severability. If any term or condition of this
Agreement or the application thereof to any person or
circumstance shall, at any time or to any extent, be invalid
or unenforceable, the remainder of this Agreement, or the
application of such term or condition to persons or
circumstances other than those to which it is held invalid or
unenforceable, shall not be affected hereby, and each term and
condition of this Agreement shall be valid and enforceable to
the fullest extent permitted by law.
(i) Entire Aqreement; Counterparts. This Agreement
constitutes the entire understanding between the parties
hereto, and cancels and supersedes all prior negotiations,
representations, understandings and agreements, either written
or oral, with respect to the subject matter hereof. This
Agreement may be executed simultaneously in two or more
counterparts, each of which shall be deemed an original and
all of which together shall constitute but one and the same
instrument.
(j) Force Majeure. No party shall be liable, for its
failure to perform any of its obligations hereunder nor shall
it be deemed a default under this Agreement if a party fails
to perform any of its obligations hereunder in any case in
which such failure is caused directly or indirectly by an
event of Force Majeure; except that the failure to pay money
when due shall not be excused as a result of the effect of
this Section 19(j).
(k) Headinq~. The headings contained herein are for
convenience of reference only and are not intended to define,
limit or describe the scope or intent of any provision of this
Agreement.
(1) Governinq Law. This Agreement shall be construed by
and governed in accordance with the laws of the State of
Virginia.
(m) Jurisdiction. Any action at law or suit in equity
arising from this Agreement shall be brought in the Circuit
Court for the City of Virginia Beach, Virginia unless
exclusive jurisdiction exists in the United States District
Court for the Eastern District of Virginia, Norfolk Division,
in which case that court shall be the appropriate venue. Each
party hereby consents to the jurisdiction of such courts and
waives all rights to have such matters tried in any other
court.
(n) Non-ADpropriation. It is understood and agreed
between the parties hereto that with respect to any payment
obligations of City, City shall be bound hereunder only to the
extent that funds shall have been appropriated and budgeted
23
for the purpose of this Agreement. In the event no funds are
appropriated and budgeted in any fiscal period for payments
due under this Agreement, City shall immediately notify
of such occurrence and this Agreement shall terminate
on the last day of the fiscal period for which appropriations
were received without penalty or expense to City of any kind
whatsoever.
(o) Nondiscrimination. During the performance of this
Agreement, agrees as follows:
(i) .will not discriminate against any
employee or applicant for employment, because of race,
religion, color, sex or national origin, except where
religion, sex or national origin is a bona fide occupational
qualification/ consideration reasonably necessary to the
normal operation of agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
(ii) , in all solicitations or advertisements
for employees placed by or on behalf of , will state
that is an equal opportunity employer.
(iii) Notices, advertisements and solicitations
placed in accordance with federal law, rules or regulation
shall be deemed sufficient for the purpose of meeting the
requirements herein.
(iv) will include provisions of the
foregoing paragraphs (i), (ii) and (iii) in every contract,
subcontract or purchase order related to this Agreement of over ten
thousand dollars ($10,000.00), so that the provisions will be
binding upon such contractor, subcontractor or vendor.
(p) Recordation. This Agreement or a memorandum thereof
shall be recorded in the Clerk's office of the Circuit Court
of the City of Virginia Beach, Virginia, and shall be indexed
in the names of and
City as both "Grantor" and "Grantee".
(q) Liens and Deeds of Trust. Provided is not in
default under this Agreement, may from time to time
during the term of this Agreement grant deeds of trust against
the property on which the Facility is located (but not the
Adjacent Property) to secure such loans as
necessary and expedient to its business purposes.
is not in default under this Agreement,
agrees to promptly execute and deliver such
agreements or certificates in reasonable form as
its lenders may request.
may deem
As long as
the City
estoppel
or
24
(r) Survival. The parties agree that provisions of this
Agreement shall survive the termination of this Agreement for
a 9eriod of three (3) years following the date that a 9arty
fulfilled or was to have fulfilled its last obligation under
this Agreement, and that any administrative or judicial action
must be commenced against said 9arty within said three (3)
year period.
I~ WIT~ESS WHEREOF, each 9arty hereto has caused this
Agreement to be executed and delivered by its duly authorized
officer, all as of the day and year first above written.
Attest:
Secretary
By:
Its:
Attest:
City Clerk
THE CITY OF VIRGINIA BEACH,
VIRGINIA
By:
Its: City Manager/Designee
STATE OF VIRGINIA
CITY OF
, to-wit:
The foregoing instrument was acknowledged before me this
day of , 1996, by
President, and , Secretary,
, on its behalf.
My Commission Expires:
STATE OF VIRGINIA
CITY OF
Notary Public
to-wit:
25
The foregoing instrument was acknowledged before me this__
day of , 1996, by JAMES K. SPORE, CITY MANAGER of
the City of Virginia Beach, Virginia, or ,
his authorized designee, on its behalf.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF
, to-wit:
The foregoing instrument was acknowledged before me this__
day of , 1996, by RUTH HODGES SMITH, CITY CLERK of
the City of Virginia Beach, Virginia, on its behalf.
My Commission Expires:
Notary Public
26
EXHIBIT A
COPY OF CONDITIONAL USE PERMIT APPROVAL
27
E__X~__IBIT B
COPY OF AMENDED CONDITIONAL USE PERMIT APPROVAL
-28 -
EXHIBIT C
DESCRIPTION OF ADJACENT PROPERTY
-29-
EXHIBIT D
HOST FEES
agrees to pay the City Host Fees during each Contract
Year according to the following schedule:
Number of Cubic Yards
For each cubic yard up
to 125,000 cubic yards
For each cubic yard from
125,001 to 350,000 cubic
yards
For each cubic yard from
350,001 to 400,000 cubic
yards
For each cubic yard from
400,001 to 450,000 cubic
yards
For each cubic yard over
450,000 cubic yards
Rate Per Cubic Yard of Non-City
Construction/Demolition/Debris
which is not used by
per cubic yard
per cubic yard
per cubic yard
per cubic yard
per cubic yard
EXAMPLE: The Annual Host Fee due the City for 425,000 cubic yards
of Non-City Construction/Demolition/Debris Waste would be computed
as follows:
1st 125,000 cubic yards
Next 225,000 cubic yards (225,000 x $
Next 50,000 cubic yards (50,000 x $
Next 25,000 cubic yards (25,000 x $
Host Fees
) = $
__) = $
__) = $
$
-30-
EXHIBIT E
DESCRIPTION OF
PROPERTY
-31-
1
2
3
4
5
6
7
8
A RESOLUTION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE
AND DELIVER ON BEHALF OF THE CITY A
LANDFILL GAS SALE AGREEMENT WITH
ALLEGHENY ENERGY RESOURCES, INC.,
FOR THE COLLECTION, RECOVERY AND USE
OF LANDFILL GAS FROM THE CITY'S
LANDFILL NO. 2 FACILITY
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
WHEREAS, in response to an RFP, the City is negotiating
an Agreement with Allegheny Energy Resources, Inc., for the
collection, recovery and use of landfill gas resulting from the
City's landfill operations at Landfill No. 2 located at 1989 Jake
Sears Road for a minimum fifteen (15) year term and requiring
minimum payments in the amount of $10,000 per month by AER; and
WHEREAS, the Agreement will assist the City in complying
with Department of Environmental Quality regulations relating to
Landfill No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager or his designee is authorized to
execute and deliver on behalf of the City an agreement with
Allegheny Energy Resources, Inc. ("AER"), for the collection,
recovery and use of landfill gas from the City's landfill
operations at Landfill No. 2, with a minimum fifteen (15) year term
and requiring minimum payments in the amount of $10,000 per month
by AER and subject to approval of the Agreement as to legal form by
the City Attorney.
This Resolution shall be in effect from the date of its
adoption.
Virginia, on the
Adopted by the Council of the City of Virginia Beach,
17th day of December , 1996.
32
33
34
35
CA-6516
ORDIN\NONCODE\CA6516.RES
R-1
PREPARED: December 10, 1996
Approved As To
Legal Sufficiency
- 28 -
Item V-I.9.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41554
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS
REVISED:
Resolution re the Virginia Beach 1997 Legislative Package; and, to
request Members of the local delegation of the General Assembly to
sponsor and/or support legislation that would carry out the City's goals
and objectives.
* The Health Care Formula and the JLdRC Study will be a part of the Legislative Package. The General
Assembly is requested to revise the Needs Based Allocation Formula for Public Health funding.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. ttenley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
CITY OF VIRGINIA BEACH
1997
GENERAL ASSEMBLY
LEGISLATIVE PACKAGE
DECEMBER 17, 1996
ATI~ACHMENT (A)
TABLE OF CONTENTS
The Legislative Agenda of the Hampton Roads Mayor & Chairs Caucus
as Endorsed by the Council of the City of Virginia Beach
II. Statemem on State Funding
III. Virginia Marine Science Museum
IV. Post Labor Day School Opening
V. Appointmem of Viewers for Street Closures
VI. Chesapeake Bay Preservation Act Enforcemem Process
VII. Aesthetics Involved with Roadway Construction
VIII. Removal, Repair, and Securing of Unsafe Buildings
IX. Promotion of Tourism Through Convemion Facilities
X. Condemnation Procedures
XI. Tax Case Fees
XII. Public Safety Package
THE LEGISLATIVE AGENDA OF THE HAMPTON ROADS
MAYORS AND CHAIRS CAUCUS AS ENDORSED BY TI-IE
COUNCIL OF THE CITY OF VIRGINIA BEACH
LEGISLATIVE AGENDA
REGIONAL INCENTIVE FUND
The Regional Competitiveness Act recognizes that Virginia is not as competitive with
other states as it needs to be, and that local governments must be encouraged to work
together to maximize economic opportunity. The Incentive Fund called for in the Act
is an appropriate vehicle to carry out the goals of the Act and must be funded at $50
million to achieve its stated purpose. This Incentive Fund should not compete with the
Governor's Opportunity Fund.
TRANSPORTATION
The General Assembly should expeditiously move to def'me the State's needs for
transportation improvements and options to meet those needs by the 1998 session. The
time at which maintenance costs will exceed available funds in the Highway
Maintenance and Operating Fund and the State Transportation Trust Fund will have to
start being utilized is somewhere in the 1999 time period. The State is also urged to be
proactive in having the Congress adopt the principles in the STEP 21 Program.
LOCAL PREROGATIVES
The General Assembly is urged not to reduce traditional local authority to manage such
functions as land use, zoning, conditional use permitting, franchise fees, personal
property taxes, water and sewer connection fees, and especially activity associated with
the telecommunications industry which could serve to reduce community revenue and
aesthetics. Legislation is needed that enables local governments to enhance their tools
of application in properly planning for the orderly development of land and the delivery
of essential services. The General Assembly should provide the necessary authority for
localities to proceed with implementing local comprehensive plans, including additional
optional measures such as impact fees, proffers, transferable development rights and
adequate facilities ordinances. Virginia is a low tax state, however, local taxes are
comparatively high. Therefore, additional burdens should not be placed on local
governments. The BPOL tax should not be adjusted or eliminated unless a revenue
neutral situation regarding local government can be achieved.
STATE/LOCAL RELATIONSHIPS
The Hampton Roads region supports the examination of the relationship of the
functions of state and local governments as part of the activities of the Commission on
State and Local Responsibilities and Taxing Authority with special emphasis on
education including capital costs and technology.
COMPREHENSIVE SERVICES ACT
The General Assembly is urged to eliminate the proration language in the state budget
which, if implemented, would shift costs to local governments beginning in FY 1998.
This is particularly important as the federal government devolves responsibility for
welfare and other social programs to the states, and then to localities.
1997 LEGISLATIVE PACKAGE
STATE FUNDING
The City of Virginia Beach is extremely concerned over the future of the parmership
between the City and the Commonwealth on funding of services. Although the state has taken
a very bold step to reduce unfimded mandates passed down to localities, the City is still
concerned over the 'trickle-downn effects of cuts at the federal level and reductions in state
support to programs Carried out by the localities.
Funding for education, both primary and higher, is extremely important to the City.
Over one-half of the City's budget is dedicated towards educational funding for grades K-12
for which the state's financial support has been virtually level for a ntunber of years when
adjusted for inflation. Also, the City is completely responsible for the millions of dollars of
infrastructure improvements needed to provide classrooms and other buildings for our rapidly
growing student population.
In order to ameliorate the concerns stated above, the state is requested to fully fund the
actual state share of the standards of quality. Those standards should reflect the actual cost of
educating students in order to provide them with quality education so that they can compete in
today's global environment.
The City is concerned about the apparent moving away by the state from traditional
responsibilities and funding in the field of Public Health, Community Services Boards, Public
Library, the Comprehensive Services Act and other areas.
The General Assembly is requested to provide funding for the relocation to new office
space for the Virginia Beach Health Department. The city is building a new office facility for
the Department of Social Services and it is necessary for the Health Department to move.
Also, the General Assembly is requested to revise the needs based allocation formula for
public health funding. The current formula is outdated and seriously underfunds Virginia
Beach's needs.
The General Assembly is requested to provide full funding for the Comprehensive
Services Act. This funding should provide complete State funding for all the mandated
programs and services under this act.
The General Assembly is requested to fully-fund state aid to libraries and to examine
the suitability of the formula now used based on the greatly escalating cost of books and
library services, generally.
Finally, the General Assembly is requested to fully fuud the Virginia Housing
Development Authority which provides low interest home loans to state residents.
2
VIRGINIA MARINE SCIENCE MUSEUM
The Virginia Marine Science Museum, through the assistance of the Commonwealth,
was constructed in the late 1980's. Upon its opening, it became the most heavily visited
facility of its kind in the Commonwealth and is now one of the premier educational and tourist
attractions in the Commonwealth. The Science Museum, with $30 million of City funding
recently opened the greatly expanded Virginia Marine Science Museum which hosts as many
as 7,000 visitors per day. This facility has become even more of an asset to the
Commonwealth through the expansion.
The General Assembly is requested to provide $500,000 to the Virginia Marine Science
Museum in FY98 as acknowledgement of the Virginia Marine Science Museum's contribution
to the Commonwealth and its importance as an educational and tourism development tool.
This should be in the form of an operating assistance grant as is provided to facilities such as
the Chrysler Museum.
POST LABOR DAY SCHOOL OPENINC
The Code of Virginia currently requires Virginia school systems to open after Labor
Day. Variances can be given by the Secretary of Education to allow school systems who are
affected by severe weather or for other reasons. The post Labor Day school opening
requirement has increased tourism with the Commonwealth and increased employment
opportunity for students who work in the Commonwealth's many tourist attractions. A change
in the post Labor Day school law would be detrimental to tourism on a statewide basis and
would be especially harmful to the City of Virginia Beach.
The General Assembly is requested to retain the requirement that schools not open until
after Labor Day. The Code does allow for variances to be given to school systems who have
severe weather in the winter, where the post Labor Day school opening would require the
school calendar to extend further into the month of June than would otherwise be desired.
This request is made because of the importance of tourism to the economy of not only Virginia
Beach, but the entire Commonwealth.
APPOINTMENT OF VIEWERS FOR STREET CLOSUREE
Under current Virginia Code, the Council must appoint viewers for each individual
street closure process. Because of the numerous street closures that come before the Council,
an inordinate amount of time is spent in public hearings to appoint viewers for every
application. It is desirous to amend that process so individual hearings do not have to be held
for the appointment of viewers for each property to be closed. In terms of notice to adjoining
property owners, what is done now is that street closures are treated just like rezonings and
use permits -- in addition to the newspaper notice once per week for two (2) successive weeks,
owners of adjacent properties are notified by certified mail of the Planning Commission
meeting, and a sign is required to be posted at least 15 days prior to the Planning Commission
meeting and to remain through the Council meeting. No sign or certified letter is used for the
appointment of viewers, only the usual notice of ordinances on the Council agenda. These
procedures would continue if the requested code change is approved.
The General Assembly is requested to amend the Code of Virginia by adding Section
15.1-364.2 regarding Appointment of Viewers in Certain Cities.
"Notwithstanding the provisions of Section 15.1-364, cities having a
population in excess of 350, 000 may appoint not less than three nor
more than five viewers for a term of one year to view each and every
street or alley proposed to be altered or vacated during the term
provided the notice requirements for each hearing regarding
discontinuance of the street or alley proposed to be altered or
vacated complies with Section 15.1-431 of the Code of Virginia. The
applicant for closure of streets or alleys in such cities that have by
ordinance appointed viewers for a one year term shall not be
required to advertise and the governing body shall not be required to
hold a separate hearing for appointment of viewers for each specific
street or alley proposed to be altered or vacated. The applicant and
governing body of such city shall comply with all other provisions of
Section 15.1-364."
The above language will allow the City of Virginia Beach to appoint three to five viewers
per a term of one year who would be tasked with viewing each and every street or alley
proposed to be altered or vacated during that period.
CHESAPEAKE BAY PRESERVATION ACT ENFORCEMENT PROCES~
Since its adoption in 1991, enforcement of some provisions of the Chesapeake
Bay Preservation Ordinance have proved to be difficult for the board and its staff.
Despite the imposition of stop work orders and restoration, valuable natural resources
have been lost due to violations of the ordinance. Accordingly, the Chesapeake Bay
Preservation Board requests Council include in the package a request to enable the
board and courts to impose civil damages or civil penalties for violations occurring
within the Chesapeake Bay Preservation Areas. These provisions would be identical to
those found in the Wetlands Act and the Coastal Primary Sand Dunes Protection Act.
The intent of those civil penalties and charges will provide financial disincentives
against violating the law, while at the same time providing the impetus to resolve the
issues at administrative levels.
The General Assembly is requested to amend the Code of Virginia, Section 10.1-
2109 to add a new section E:
E. "Counties, cities and towns in Tidewater Virginia may
incorporate the following penalty provisions into their zoning,
subdivision or any ordinance enacted to protect the quality of state
waters in the Chesapeake Bay Preservation Areas.
Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
,~lreas, any person who violates any provision of any such ordinance or who
violates or fails, neglects, or refuses to obey any commission, board, or
administrative enforcement official notice, order, rule, regulation, or variance
or permit condition authorized under such ordinance shall, upon such finding by
an appropriate circuit court, be assessed a civil penalty not to exceed $25,000
for each day of violation. Such civil penalties may, at the discretion of the
court assessing them, be directed to be paid into the treasury of the county, city
or town in which the violation occurred for the purpose of abating
environmental damage to or restoring Chesapeake Bay Preservation ~4reas
therein, in such a manner as the court may, by order, direct, except that where
the violator is the county, city or town itself or its agent, the court shall direct
the penalty to be paid into the state treasury.
e
Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
Areas, and with the consent of any person who has violated any provision of any
such ordinance or who has violated or failed, neglected or refused to obey any
commission, board, or administrative or enforcement of~cial order, rule,
regulation, or variance or permit condition authorized under such ordinance,
the commission, board, or administrative or enforcement official may provide,
in an order issued by the commission, board, or administrative or enforcement
official against such person, for the one-time payment of civil charges for each
violation in specific sums, not to exceed $10, O00 for each violation. Such civil
charges shall be paid into the treasury of the county, city or town in which the
violation Occurred for the purpose of abating environmental damage to or
restoring Chesapeake Bay Preservation Areas therein, except that where the
violator is the county, city or town itself, or its agent, the civil charges shall be
paid into the state treasury. Civil charges shall be in lieu of any appropriate
civil penalty which could be imposed under subdivision 1 of this subsection.
Civil charges may be in addition to the cost of any restoration required or
ordered by the commission, board, or administrative or enforcement official."
The above request would make the Chesapeake Bay Preservation Act penalties
identical to those available for enforcement of the Wetlands Act and the Coastal
Primary Sand Dune Protection Act.
7
AESTHETICS INVOLVED WITH ROADWAY CONSTRUCTtOH
Under current VDOT policy, the City is greatly restricted in the provision of
aesthetic features on new highway projects. Furthermore, when portions of a property
are taken as part of a highway construction project, VDOT often requires us to leave an
almost inhabitable portion of property for the property owners. Because the City is
attempting to construct an aesthetically pleasing transportation network, changes to
these policies are necessary. Furthermore, the result of leaving an almost inhabitable
parcel creates additional curb cuts and future demand for development other than
residential use.
The General Assembly is requested to amend the Code to require VDOT to
allow reasonable portions .of the urban allocation to be used for aesthetic purposes on
roadway projects. Furthermore, the General Assembly is requested to urge the Virginia
Department of Transportation to allow more leeway for localities to use urban road
funds when buying remainder parcels.
8
REMOVAL. REPAIR. AND SECURING OF UNSAFE BUILDING~
Currently, Section 15.1-11.2 of the Code of Virginia has onerous notice
requirements including written notice being mailed Certified or Registered mail to the
last known property owner of buildings that are deemed to be a public nuisance or
safety hazard because of their condition. This limits the City's ability to take action to
remove, repair or secure any building wall or structure for 30 days after the return of the
receipt or newspaper publication.
The General Assembly is requested to amend Section 15.1-11.2 of the Code of
Virginia to amend paragraph 2 to add ~cept that a building rr~y be secured to protect
public health or safety in accordance with the notice requirements of the Virginia Uniform
Statewide Building Code, Volume II.
This will allow the City to board up or otherwise secure property that is a public
health or safety hazard.
PROMOTION OF TOURISM THROUGH CONVENTION FACIL, ITIE$
Although Virginia has a long history of being a convention and tourism
destination, competition for conventioneers' dollars is becoming more intense. Many
states with whom Virginia directly competes have led efforts within their localities to
construct convention facilities of a quarter-million square feet and more. It is the
opinion of convention and tourism professionals in Virginia that three to four such
facilities could be supported in the various regions of the state.
The General Assembly is requested to study the need and possible funding
mechanisms for large convention facilities located in several areas of the state. This
study should take into account existing facilities, hotel accommodations, and other
tourism and convention-related infrastructure such as golf courses and other amenities.
10
CONDEMNATION PROCEDURE~
Under the current State Code, the City, when condemning property, must use a
process where the City chooses two commissioners, the person whose property is
being condemned chooses two commissioners, and the fifth commissioner is chosen
through a coin-toss. The Commonwealth Transportation Board and Fairfax County
have an alternative method of picking commissioners. That method has the
commissioners chosen as a jury from a jury pool selected by the court. It is thought this
method would be more streamlined and equitable to all concerned.
It is recommended that legislation be requested of the General Assembly to
provide that the jury selection method be utilized to select commissioners in lieu of the
existing commissioner system. Under a jury selection system, the commissioners are
selected in the same manner as jurors in other cases. This method is currently
permitted under "experimental" State legislation in the Northern Virginia Transportation
District (Arlington, Fairfax, Loudon, and Prince William Counties are the cities
surrounded by or contiguous to those counties), and Henrico County. This existing
legislation contains a sunset clause which terminates use of the jury selection system
on July 1, 1997. (See § 25-46.20:1-5, Code of Virginia).
In "An Analysis of Highway Condemnation Cases Under the Provisions of
Senate Bill 724: Comparisons of Jury and Commission Awards" prepared by the
Virginia Transportation Research Council (VTRC). Some comments, as summarized,
were:
Results under the new system have generally been favorable; the old
system was a "buddy system."
Under the old system, commissioners had familiarity with valuation of real
estate and sometimes had formulated opinions.
Under the old system, commissioners were more favorably inclined to
developers, and were less influenced by individual residential owners.
Under the new system, there appears to be less "splitting the difference."
The new system promotes more settlements and the results from trials
produce fewer unfair results.
11
TAX CASE FEE~.
Under current Virginia code Virginia Beach is the only jurisdiction in the
Commonwealth that must pay a fee in a tax case instituted by the City Treasurer, or in
cases instituted by the School Board for collection of overdue book fees. This is
certainly inequitable because of Virginia Beach being the only jurisdiction having to pay
this fee.
The General Assembly is requested to amend the Code of Virginia by amending
Section 14.1-125 of the Code to delete the sentence "except in a case instituted by any
City having a population of not less than 300,000." The above would make Virginia
Beach exempt from these fees as are all other jurisdictions.
12
PUBLIC SAFETY PACKAGF
TRANSPORTING CONTROl [~=O SUBSTANCE-~
Currently under Section 18.2-248.01, it is unlawful to transport one ounce or
more of drugs. Only those actually transporting the drugs are at risk. The request
would be made to add the words, "to/~zve or cause to be transporte~' inserted into the
Code which would allow the dealers to be put at risk for causing drugs to be
transported.
SEIZURE OF PROPERTY USED IN CONNECTION WITH OR DERIVED FROM
ILLEGAL DRUG TRANSACTION~
The Virginia Code, as currently wdtten, has discrepancies with the federal law
concerning property seized from illegal drug transactions. The General Assembly is
requested to amend Section 18.2-249 as follows:
"The following property shall be subject to lawful seizure by any
officer charged with enforcing the provisions of this article: (I) all
money, medical equipment, office equipment, laboratory equipment,
motor vehicles and all other kinds of personal or real property of any
la'nd or character, used or intended to be used in substantial
connection or facilitation in or with the illegal manufacture, sale,
distribution of controlled substances in violation of 18.2-248 or the
sale or distribution of marijuana..."
13
- 29 -
Item V-I. IO.
ORDIN,4NCES/RESOL UTIONS
The following registered in SUPPORT:
ITEM # 4Z555
Stewart Powers, 328 Teal Crescent, Phone: 421-3173, Vice President - Sandbridge Civic League
Admiral Dick Dunleavy, 2200 Sandpiper Road, Phone: 721-3644
Lou Pace, 1908 Hunts Neck Court, Phone: 428-0925, registered in OPPOSITION.
Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000
The following registered in OPPOSITION:
Captain David Kelly, 2996 Sandbend, Phone: 721-2299, spoke in OPPOSITION and advised do not build
on ocean side of the road.
Vernon Fix, 4841 Princess Anne Road, Phone: 495-1541
George Byrd, 4534 Babbling Brook Drive, Phone: 497-4119
Douglas Simpson, 3605 Sea Horse Way, Phone: 463-3605
Upon motion by Council Lady McClanan, seconded by Council Lady Henley, City Council ADOPTED:
Resolution to endorse the concept of a one-time, City-funded,
Federally-sponsored Emergency Beach Nourishment project at
Sandbridge; calling upon property owners to cooperate with the City
Attorney in signing recreation and construction easements, enabling
authorization of a Project Cooperation Agreement and project
construction; and, the City Manager is directed to:
Schedule for Council's consideration all actions and Public
Hearings necessary and appropriate for Council's final
authorization to enter into a Project Cooperation Agreement
Pursue aggressively, in concert with the City's Congressional
Delegation, federal funding for this project and future
nourishment of Sandbridge Beach
Work with the City's Delegation to the Virginia General
~4ssembly to authorize final arrangements for the use of $2.8-
Million from the Pendleton property acquisition for this project.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members I~oting Nay:
Nancy IC Parker
Council Members Absent:
None
Councilman Jones DISCLOSED Pursuant to Section 2.1639.14(G), Code of Virginia, he serves on the
Board of Directors of Resource Bank, and that the Bank has foreclosed on a parcel of property in the
Sandbridge area, which is valued in excess of $10, O00; however, the City Attorney has advised he is able
to participate in the transaction fairly, objectively, and in the public interest. Councilman Jones's letter
of December 17, 1996, is hereby made a part of the record.
December 17, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22.
23
24
25
26
27
28
29
3O
31
32
33
34
35
RESOLUTION ENDORSING THE CONCEPT OF
A ONE-TIME, CITY FUNDED, FEDERALLY
SPONSORED, EMERGENCY BEACH
NOURISHMENT PROJECT AT SANDBRIDGE
WHEREAS, erosion is rapidly destroying the beach in the
Sandbridge area of the City of Virginia Beach ("City") and
threatening homes and City infrastructure therein;
WHEREAS, the City is pursuing long-term federal cost
participation in a beach replenishment program for Sandbridge;
WHEREAS, although Congress, in 1992, authorized federal
participation in a beach nourishment program for Sandbridge, a
federal appropriation for construction has not been approved;
WHEREAS, an emergency exists and property owners and
residents of Sandbridge have requested the City Council endorse the
concept of City funded, federally sponsored, emergency beach
nourishment project at Sandbridge;
WHEREAS, once a project concept is endorsed, there are
several subsequent actions which must be accomplished before final
approval and signature of a Project Cooperation Agreement with the
Army Corps of Engineers, including, but not limited to,
appropriations and fund transfer ordinances, the negotiation of a
Project Cooperation Agreement with the Corps of Engineers, and
aggressively pursuing easement agreements from those property
owners who have not yet approved easements establishing a public
beach; and
WHEREAS, it is important to the future of Sandbridge that
the City continue its vigorous pursuit of federal funding for a
long-term beach nourishment program at Sandbridge.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that:
The City Council endorses the concept of a one-time, City
funded, federally sponsored, emergency beach nourishment project at
Sandbridge; and further recognizes and announces that there are
additional specific commitments, actions and appropriations which
must be approved by the City Council before it agrees to enter into
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
a Project Cooperation Agreement with the Army Corps of Engineers
for the Project;
BE IT FURTHER RESOLVED that:
The City Manager is directed to schedule for Council's
consideration all actions and hearings necessary and appropriate
for Council's final approval and grant of authorization to enter
into a Project Cooperation Agreement.
The City Manager is directed to aggressively pursue in
concert with the City's Congressional delegation, federal funding
for this project and for future nourishment of Sandbridge Beach.
The City Manager is directed to work with the City's
delegation to the Virginia General Assembly to authorize final
arrangements for the use of $2.8 million from the Pendleton
property acquisition for this project.
As a condition precedent to City Council's final approval
to enter into a Project Cooperation Agreement, it is necessary to
establish a public beach at Sandbridge and the City Council calls
upon those property owners who have not yet signed recreation and
construction easements to cooperate with the City Attorney in
signing such easements, thereby enabling City Council authorization
of a Project Cooperation Agreement and construction of the Project.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day of December , 1996.
CA-6515
ORD IN \NONCODE \ CA6515
R-4
PREPARED.' 12/11/96
APPROVED AS TO LEGAL
City of Virgi~aita
LOUIS R. JONES
COUNCILMAN - BAYSIDE BOROUGH
(804) 583-0177
1008 WITCH POINT TRAIL
VIRGINIA BEACH, VIRGINIA 23455
December 17, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the City
Council's discussion and vote on the replenishment of sand at Sandbridge.
The nature of my personal interest is that I serve on the Board of Directors of
Resource Bank, receiving income in excess of $10,000, annually, that I own
approximately ten (10) percent of the Bank's stock, from which I receive
annual dividends in excess of $10,000, and that the Bank has foreclosed on a
parcel of property in the Sandbridge area which is valued in excess of
$10,000.
The City Attorney has advised me that in his opinion I am a member of a
group (i.e., other persons or businesses having a personal interest in property
located in the Sandbridge area) the members of which will be affected by this
transaction.
Mrs. Ruth Hodges Smith
-2-
December 17, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
I wish to disclose this interest and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in 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 this matter.
Sincerely,
Councilmember
LRJ/clb
Enclosure
City of Virginia Be. ach
LESLIE L. LILLEY
CITY A'FrORNEY
In Reply Refer To Our File No.
OP-401
MUNICIPAL CENTER
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
D~em~r 3, 1996
Councilmember Louis R. Jones
Municipal Center
Virginia Beach, Virginia 23456
Dear Councilmember Jones:
I am writing in response to your request for an opinion as to whether you may participate
in City Council's discussion and vote on the replenishment of sand at Sandbridge.
SUMMARY CONCLUSION
From my review of the State and local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you have a personal interest in Council's
discussion and vote on the replenishment of sand at Sandbridge as a result of your personal
interest in a bank which owns property located in the Sandbridge area. However, as a member
of a group (i.e., other persons or businesses having a personal interest in property located in the
Sandbridge area), the members of which are affected by the transaction, you may participate in
Council's discussion and vote upon disclosure of your interest pursuant to Virginia Code § 2.1-
639.14(G).
I base this conclusion of the following facts which you have presented. Please review,
and verify the accuracy of, the facts set forth herein since you may only rely upon this opinion
to the extent that the facts are complete and accurate.
FACTS
You advise that you serve on the Board of Directors of Resource Bank, for which you
receive income in excess of $10,0130, annually. Further, you advise that you own approximately
Councilmember Louis Jones -2- December 3, 1996
ten (10) percent of the Bank's stock, from which you receive annual dividends in excess of
$10,000. Finally, you advise that Resource Bank has foreclosed on a parcel of property, valued
in excess of $10,000, which is located in the Sandbridge area. Therefore, you have asked
whether the State and Local Government Conflict of Interests Act precludes you from
participating in Council's discussion and vote on the replenishment of sand at Sandbridge.
ISSUE PRESENT~D
Does the State and Local Government Conflict of Interests Act preclude you from
participating in City Council's discussion and vote on the replenishment of sand at Sandbridge?
DISCUSSION
The State and Local Government Conflict of Interests Act (the "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 in the transactions of, and contracts with,
the governmental or advisory agency of which he or she is a member. The Virginia Beach City
Council is a "governmental agency" as defined in the Act. The critical inquiry, therefore, is
whether Resource Bank's ownership of property in Sandbridge, together with your status as a
director and shareholder of the Bank, causes you to have a personal interest in Council's
discussion of and vote on the replenishment of sand at Sandbridge.
In order for you to have a personal interest in the transaction before City Council, you
must have a personal interest in Resource Bank, and the Bank must either be the subject of the
transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result
of the transaction. With respect to the first issue, it is my opinion that you have a "personal
interest" in Resource Bank, as that term is defined in the Act, based upon your ownership
interest in the Bank's stock and the fact that you receive income from the Bank as a director
which exceeds $10,000 annually. With respect to the second issue, Resource Bank is clearly
not the subject of tho transaction. However, the issue of "reasonable foreseeability" remains.
Replenishing sand at Sandbridge would have an effect, directly or indirectly, on properties
located in Sandbridge. Therefore, I conclude that it is reasonably foreseeable that the outcome
of Council's discussion and vote on this project may have an effect on the property owned by
Resource Bank. Consequently, because you have a "personal interest" in the Bank, you also
have a "personal interest in the transaction" within the meaning of the Act.
However, pursuant to § 2.1-639.11 of the Act, an officer who has a personal interest in
a transaction "Ira]ay participate in the transaction if he is a member of a business, profession,
occupation, or group the members of which are affected by the transaction, and he complies with
the declaration requirements of §2.1-639.14(G)." In this case, based upon your personal interest
in Resource Bank, you are a member of a group (i.e., other persons or businesses having a
personal interest in property located in the Sandbridge area) the members of which will be
Councilmember Louis Jones
-3-
December 3, 1996
affected by the Sandbridge replenishment project. Therefore, you may participate in the
Council's discussion and vote on the project upon disclosure of your personal interest.
DISCLOSURE REOUIREMENTS
Based upon the opinion that you may participate in Council's discussion and vote on the
Sandbridge beach replenishment project upon disclosure of your personal interest, such
disclosure must include a declaration that you are able to participate in the transaction fairly,
objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1-
639.14(G) is enclosed for your convenience. You may either make this declaration orally,
which is to be recorded in the written minutes of the City Council, or you may file a signed
written declaration with the Clerk of City Council, who shall retain and make this document
available for public inspection for a period of five (5) years from the date of recording or
receipt.
The Conflict of Interests Act deals with types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against 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 would affect the confidence of the public in the officer's ability to be
impartial. I have opined that you may participate in the transaction after disclosure. However,
if you are concerned that participating in the transaction, even after disclosure, creates an
unacceptable appearance, you may abstain from voting under § 2.1-639.14(E) provided that you
first disclose your interest in the transaction. Should you decide to abstain, I have also enclosed,
for your convenience, a proposed abstention letter which complies with § 2.1-639.14(E).
Please contact me should you desire an additional information.
Very truly yours,
City Attorney
LLL/PAH/sam
Enclosure
- 30 -
Item V-I. II.
ORDINANCES/RESOL UTIONS
ITEM # 41556
The following registered in SUPPORT:
C. Grigsby Scifres, Hampton Roads Chamber of Commerce, 4512 Virignia Beach Boulevard,
Phone: 664-2575
Cyndy Bourquard, 3113 Lynn Acres, Road, Phone: 463-8398
Jim Hopla'ns, Hatnpton Roads Chamber of Commerce, 4512 Virginia Beach Boulevard, Phone: 664-2575
Mary Ann Saunders, Mayor's Disabled Committee
David Clarke, Foward Hampton Roads
Commander Mike Andrews, 1530 Gilbert Street, Norfolk, Phone: 322-2853, represented Rear Admiral
R. T. Zimmer, Commander - Norfolk Naval Base, and read into the record a letter re support of the Navy
for the Light Rail Transit.
Mary Heinrichg 5016 Mosby Road, Phone: 460-0750, Co-Ordinator of SAVE and Tidewater
Environmental Network.
Dr. Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065
George Wadsworth, 1533 Princess Anne Road, Chesapeake, Phone: 426-6363, President-Elect - Council
of Civic Organizations.
Jeffrey L. Hufton, 2926 Lake Drummond, Phone: 421-9509, President - Hampton Roads Building and
Construction Trades Council/Greater Tidewater Central Labor Council
Harry Lester, reiterates endorsement of Virginia Beach Vision.
The following registered in OPPOSITION:
John Parmele, 1316 Yawl Point, Phone: 481-1259
Vernon Fix, 4841 Princess Anne Road, Phone: 495-1541, had concerns and suggested route be between
Virginia Beach and the Naval Base via the Airport and a Monorail be considered.
Penny Denissen, Mobility on Wheels, 737 Monmouth Lane, Phone: 495-1945, expressed concerns re
utilization and access to the handicapped.
Bob Brown, 5100 Heath Glen Circle, Phone: 471-1467
Allen Gettel, 5620 Parliament Drive, Phone: 496-6645
Pa'chard Robertson, 5544 Parliament Drive, Phone: 497-4960
Faye H. Grabarslci, 1375 Calla Drive, Phone: 587-5196
Kenneth Black, 5608 Parliament Drive, Phone: 419-1288
Nongphanga Kdtbumrung, 5536 Parliament Drive, Phone: 499-6227
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000
December 17, 1996
- 31 -
Item V-I. II.
ORDINANCES/RESOLUTIONS ITEM # 41556 (Continued)
Upon motion by Council Lady Strayhorn, seconded by Council Lady Henley, City Council ADOPTED:
Resolution to affirm support for the Light Rail Major Investment Study
prepared for the Norfolk-Virginia Beach Corridor; request Tidewater
Transportation District Commission (TI'DC) proceed with preliminary
engineering and environmental studies for the Light Rail (locally
preferred) Alternative; and, establishing conditions for any related
obligation and/or expenditure of City funds for such a system.
Voting: 6-5
Council Members Voting Aye:
Harold Heischober, William gE. Harrison, Jr., Barbara M. Henley, Mayor
Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa
34. Strayhorn
Council Members Voting Nay:
John A. Baum, Linwood O. Branch, III, Louis 1~ Jones, Reba S.
McClanan and Nancy K. Parker
Council Members Absent:
None
December 17, 1996
1
2
3
4
5
6
7
$
9
10
11
12
13
14
15
16
17
18
19
2O
21
24
25
26
27
28
29
3O
31
32
33
34
35
36
RESOLUTION AFFIRMING SUPPORT FOR THE
LIGHT RAIL MAJOR INVESTMENT STUDY,
REQUESTING PRELIMINARY ENGINEERING
AND ENVIRONMENTAL STUDIES FOR THE
LOCALLY-PREFERRED ALTERNATIVE, AND
ESTABLISHING CONDITIONS FOR ANY
ADDITIONAL RELATED OBLIGATION AND/OR
EXPENDITURE OF CITY FUNDS
WHEREAS, the Tidewater Transportation District Commission has
prepared a Major Investment Study identifying light rail transit as
the locally-preferred alternative for the Norfolk - Virginia Beach
corridor;
WHEREAS,
reviewed the
the Council of the City of Virginia Beach has
Major Investment Study and suggested several
modifications to the final report;
WHEREAS, at the direction of City Council, the Tidewater
Transportation District Commission has amended the Locally
Preferred Alternative Report to include alignment alternatives to
the Norfolk Naval Base and the Norfolk International Airport;
WHEREAS, the Tidewater Transportation District Commission has
adequately responded to issues raised by City Council regarding
project design, construction, operation and safety;
WHEREAS, the City Council of Norfolk has endorsed the
amendments to the Locally Preferred Alternative Report suggested by
the City Council of Virginia Beach;
WHEREAS, the City Council of Virginia Beach recognizes that a
decision to construct such a system will have significant long-term
impacts on the citizens of the City of Virginia Beach regarding
costs, land use, transportation and quality of life;
WHEREAS, the Lake Gaston Water Supply Project is of critical
importance to the City of Virginia Beach, Chesapeake and all of
Hampton Roads for the region and the City to develop economically,
and make investments in regional projects such as a light rail
system;
WHEREAS, the Council of the City of Virginia Beach finds that
it is in the best interests of the Hampton Roads region to make
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
more definitive findings regarding the costs and benefits of a
light rail system by proceeding with environmental studies for the
locally preferred alternative;
WHEREAS, the light rail system is a major project that would
represent a fundamental change in the direction of transportation,
development and fiscal policy; and
WHEREAS, the environmental studies are expected to take 24
months to complete, will require no additional funding and will, in
no way, obligate any jurisdiction to engage in further study,
design or construction of a light rail system.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach affirms its
support for the Light Rail Major Investment Study prepared for the
Norfolk - Virginia Beach corridor, and requests that the
Transportation District Commission proceed with preliminary
engineering and environmental studies for the locally-preferred
alternative, with the understanding of all interested parties that
following the completion and consideration of these studies and
prior to any obligation and expenditure of City funds for further
study, design, land acquisition or construction of a light rail
system:
(1) The Lake Gaston Water Supply Project must be completed
and in operation; and,
(2) The citizens of Virginia Beach must express support for
the desirability and means of financing of any proposed
light rail system at an advisory referendum.
64
65
66
67
68
69
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17 day of December , 19 96 ·
CA-6493
NONCODE\Lightrai.Res
R-1
12/12/96
_
- v ,~iGNATui~,,,,
DEPARTMENT
APPROVED AS TO I.EGAL
SUFFICIENCY AND F,L...RM
.......
- 32 -
Item V-I.12.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41557
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to Charge -off uncollectible Delinquent Accounts
Receivable: $493,340.97
l~otin g :
11-0 (By ConsenO
Council Members Voting ,4ye:
John .4. Baum, Linwood O. Branch, III, HaroM Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~4bsent:
None
December 17, 1996
AN ORDINANCE TO CHARGE-OFF
DFJ.INQUENT ACCOUNTS
WHEREAS, it is standard accounting procedure to allow for a charge-off of
uncollectible accounts;
WHEREAS, an earnest and diligent effort has been made by City departments to
collect their overdue accounts; and
WHEREAS, the following accounts which total $493,340.97 are deemed to be
uncollectible:
Public Utilities:
FY 91-92 Water Usage/Sewer Maintenance Bills
Invoices for Services and Inspections
Mental Health
Public Works:
Traffic
Highways and Highway Inspections
Police:
False Alarms
Animal Control
Commissioner of the Revenue
Development Services
TOTAL
$321,343.59
3,396.48
147,163.17
12,120.21
130.00
1,507.50
1,962.00
5,470.52
247.50
$493,340.97
NOW, THEREFORE, BE rr ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $493,340.97 of delinquent accounts receivable as represented above are hereby
charged-off as being uncollectible.
Adopted by the City Council of the City of Virginia Beach, Virginia on the
day of December, 1996, 1996.
17
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
Department of Law
- 33 -
Item V-I. 13.
CONSENT AGENDA
ORDINANCES/RESOLUTIONS
ITEM # 41.$.$8
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $23,581.22
upon application of certain persons and upon Certification of the
Commissioner of the Revenue.
11-0 (By Consent)
Council Members Voting ,dye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, W~lliam V~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor W~lliam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members/lbsent:
None
December 17, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
R E Lee & Son Inc
P. O. Box 7226 1994-96 Audit 9,920.23 9,920.23
Charlottesville, VA 22906
Shoneys Inc
557 Denbigh Blvd
Newport News, VA 23602
Shop N Cart Ltd
900 Cedarwood Trace
Chesapeake, VA 23320
Yi, Joo Mi
1036 Austin Drive
Chesapeake, VA 23320
1995 Aud it 860,20 860.20
1995 Audit 13.45 13.45
1994-96 Audit 49.69 49.69
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $10,843.57
of the City of Virginia Beach on the 17
Certified as to Payment:
~'_...---Robert P. Vaughan~"
Commissioner of the Revenue
Approved as to form:
~li~'L. Lille~" --- / ~
City Attorney '--"- '
were approved by the Council
day of December ,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1994-96 Audit 30.95 30.95
Mai, Paul Long
101 Runaway Bay Dr 109
Virginia Beach, VA 23452
Martin Marietta Services Inc
2500 Alameda Ave S-214
Norfolk, VA 23513
New Covenant Inc
911 First Colonial Road
Virginia Beach, VA 23454
Owls Creek Golf Center Inc
411 S Birdneck Road
Virginia Beach, VA 23451
1996 Audit 1,723.56 1,723.56
19cJ3-95 Audit 146.45 146.45
1995 Audit 191.54 191.54
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,092,50
of the City of Virginia Beach on the 17
Certified as to Payment:
~.~..~'~bert P. Vau~han.,~
Commissioner of the Revenue
Approved as to form:
~-,ds~-L. Lily ~
City Attorney -'~
were approved by the Council
day of December ,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
C Corporation CO Virginia
1016 Ditchley Road
Virginia Beach, VA 23451
Creative Discoveries Inc
4616 Mistral Lane
Virginia Beach, VA 23456
Croshaw Beale Hauser & Lewis PC
1201 E Bayshore Drive
Virginia Beach, VA 23451
Engles, Charles F Jr
5128 Fallsmead Downs
Virginia Beach, VA 23464
1993-95 Audit 30.00
1993-95 Audit 114.00
1995 Audit 8,279.59
1995-96 Audit 19.95
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8,443.54 were
17th
of the City of Virginia Beach on the day
30.00
114.00
8,279.59
19.95
Certified as to Payment:
~-:-'l~obert P Vaughan
·
Commissioner of the Revenue
Approved as to form:
~_-~,,e L. Li,l~ - - ~
City Attorney
approved by the Council
of December ,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1995 Audit 30.00 30.00
Ashley Associates
737 Forest Mills Road
Chesapeake, VA 23320
Atlantic Medical Business Assoc Inc
4636 Revere Drive
Virginia Beach, VA 23456
B & D Electric Supply Inc
4173 Ewell Road
Virginia Beach, VA 23455
Bui Lan Thi & Tran Phien Huu
1228 Hull Street
Chesapeake, VA 23324
1995 Audit 38.40 38.40
1995 Audit 432.95 432.95
1996 Audit 20.88 20.88
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $522.23
of the City of Virginia Beach on the 17
Certified as to Payment:
obert P. Vaughar~,/
Commissioner of the Revenue
Approved as to form:
~l~ L. Lill~' -- ~.~
Oity Attorney
were approved by the
day of December
Council
,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1994-96 Audit 12.00 12.00
Allen, Lorenzo
814 E 26th Street
Norfolk, VA 23504
Allison, Gary B.
4701 Columbus St S-300
Virginia Beach, VA 23462
Cohen Construction Co, Inc
1277 Belvoir Lane
Virginia Beach, VA 23464
Dawson, Sherry A
1829 Finsbury Lane
Virginia Beach, VA 23454
1995 Audit 609.55 609.55
1995 Aud it 270.23 270.23
1996 Audit 23.12 23.12
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $914.90
of the City of Virginia Beach on the 17
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the
day of December
Council
,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1994-95 Audit 406.86 406.86
Desserts, Inc
P. O. Box 8790
Virginia Beach, VA 23450
Natasha, Ltd
3101 Virgina Beach Blvd 103
Virginia Beach, VA 23452
Otty, Timothy J
1833 Haviland Drive
Virginia Beach, VA 23454
Pulliam, William Jr. & Daneale
5625 East Worcester Drive
Virginia Beach, VA 234554642
1994-95 Audit 42.82 42.82
1995 Audit 144.16 144.16
1995-96 Audit 42.00 42.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $635.84
of the City of Virginia Beach on the
17
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
were approved by the
day of Decembez'
Council
,19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID ·
195-96 Audit 110.85 110.85
Yu, Hseuh
313 Reflection Dr A-101
Virginia Beach, VA 23452
Wasserman, Burr G
917 C Pacific Ave
Virginia Beach, VA 23451
1995 Audit 17.79 17.79
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $128.64 were
17
of the City of Virginia Beach on the day
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
approved by the
of Deember
Council
,19 96
Ruth Hodges Smith
City Clerk
- 34 -
Item V-I. 14.
ORDINANCES/RESOL UTIONS
ITEM # 41559
ADD-ON
The Mayor invited Vice Mayor Sessoms to PRESIDE over the City Council Session during the vote on
this Resolution.
Upon motion by Councilman Branch, seconded by Councilman Jones, City Council AGREED TO ADD
TO THE AGENDA:
Resolution to support the development of an adequate supply of safe and
affordable domestic water, equally accessible to all citizens of the
Region, as the primary required goal of the City; and, calling upon all
local governments and organizations of the Region to join with Virginia
Beach in achieving this goal.
(Sponsored by Mayor Meyera E. Oberndorf)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
- 35 -
Item V-I.15.
ORDINANCES/RESOLUTIONS ITEM # 41560
ADD-ON
Upon motion by Mayor Oberndoff, seconded by Councilman Jones, City Council ADOPTED:
Resolution to support the development of an adequate supply of safe and
affordable domestic water, equally accessible to all citizens of the
Region, as the primary required goal of the City; ana~ calling upon all
local governments and organizations oft he Region to join with lftrginia
Beach in achieving this goal.
(Sponsored by Mayor Meyera E. Oberndor])
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
REQUESTED "BY MAYOR MEYERA E. OBERNDORF
1
2
3
4
5
6
7
A RESOLUTION SUPPORTING THE DEVELOPMENT OF AN ADEQUATE
SUPPLY OF SAFE AND AFFORDABLE DOMESTIC WATER WHICH IS
EQUALLY ACCESSIBLE TO ALL CITIZENS OF THE REGION AS THE
PRIMARY REGIONAL GOAL OF THE CITY OF VIRGINIA BEACH AND
CALLING UPON ALL LOCAL GOVERNMENTS OF THE REGION AND ALL
REGIONAL ORGANIZATIONS TO JOIN WITH THE CITY IN ACHIEVING
THIS GOAL
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
WHEREAS, safe drinking water is one of the most basic
necessities of life, such that the availability of an adequate
supply of safe and affordable domestic water is a necessary
component of economic vitality; and
WHEREAS, a critical water supply deficit exists in the Hampton
Roads region and is the major impediment to the continued economic
well-being of the region; and
WHEREAS, since February 1992, the citizens and businesses of
the City of Virginia Beach, the largest city in Hampton Roads and
the Commonwealth of Virginia, have been subject to a water supply
emergency which has necessitated the adoption of an ordinance
severely restricting their access to public water supplies and
prohibiting the extension of the public water supply system to new
homes and businesses; and
WHEREAS, these restrictions have been imposed by reason of the
safe yield deficit in the Norfolk water supply system, Virginia
Beach's only viable supply of domestic water; and
WHEREAS, other localities within the region have experienced
shortages of domestic water, the cost and affordability of which
has become a fundamental issue and a source of controversy among
localities in the region; and
WHEREAS, for many years, Virginia Beach and Chesapeake have
been pursuing the Lake Gaston Water Supply Project as an additional
supply of water to meet the needs of their citizens and businesses
and the citizens and businesses of the Hampton Roads region, and
have encountered vigorous and protracted opposition,
notwithstanding the fact that every federal and Virginia agency and
every court which has studied the potential impacts of the Project
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
7O
since its conception have determined it to be the best source of
water for South Hampton Roads; and
WHEREAS, there have been numerous expressions of enthusiasm
and support for the concept of regionalism, a concept founded on
the cooperation of the various independent cities and counties of
the region to achieve a common good and the advancement of regional
objectives and projects as a means of benefitting all cities and
counties within the region; and
WHEREAS, the extent of such enthusiasm and support has
manifested itself in the establishment of many regional
organizations supporting the concept of regional cooperation; and
WHEREAS, there can be no greater duty or priority of
government then to provide life's basic necessities to its
citizens; and
WHEREAS, the Council of the City of Virginia Beach believes
that development of an adequate, accessible, and affordable water
supply is the threshold to, and a vital component of, cooperation
among the cities and a key to maintaining and improving the
economic vitality and livability of the region;
NOW, THEREFORE, BE, IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the most important objective of the City of Virginia
Beach is the development of an adequate and affordable supply of
domestic water which serves, and is equally accessible to, all
citizens of the region;
BE IT FURTHER RESOLVED:
That the Council of the City of Virginia Beach calls upon the
Commonwealth of Virginia, all local governments in the Hampton
Roads region and all Hampton Roads regional organizations to:
(1) Join with Virginia Beach in formally establishing this
objective as the primary goal for the Hampton Roads region; and
(2) Seek to accomplish this goal with the same enthusiasm and
zeal afforded other regional initiatives; and
(3) Take no actions contrary to, or inconsistent with, the
accomplishment of this objective;
2
71
72
73
74
75
76
77
78
79
8O
81
82
BE IT FURTHER RESOLVED THAT:
The Council of the City of Virginia Beach will measure all
regional projects in relation to the advancement of its primary
goal and duty of developing an adequate and affordable supply of
domestic water which serves, and is equally accessible to, all
citizens of the region; and
The City Clerk is directed to mail a copy of this Resolution
to the Governor of the State of Virginia, the mayor or chair of the
board of supervisors of each local government in Hampton Roads, all
State senators and delegates representing Hampton Roads localities,
and the chairs of all regional bodies and organizations formed for
the purpose of advancing the concept of regionalism.
83
84
Adopted by the Council of the City of Virginia
Virginia, on the 17 day of December , 1996.
Beach,
85
86
87
88
CA-6520
ORDIN\NONCODE \WATER. RES
R-3
DECEMBER 13, 1996
3
Item V-J.
PUBLIC HEARING
ITEM # 41561
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. SANFORD M. AND LAUREL E. ROSENBERG
STREET CLOSURE
2. BPP DEVELOPERS, INC., ,4 VIRGINIA CORPORATION
STREET CLOSURE
3. RON,4LD IF. AND JUDITH N. BOONE
STREET CLOSURE
4. JAMES M. GRUSZECZKA
CONVERSION OF ,4
NON-CONFORMING USE
5. D,4NIEL J. PERRELLA
6. STANTLEY JONES
ENLARGEMENT OF ,4
NON-CONFORMING USE
VARIANCE
7. RICHARD SPRUILL
CONDITIONAL USE PERMIT
8. OVERHOLT TRUST
9. BREEDEN INVESTMENT PROPERTIES
10. LITCHFIELD MANOR, INC.
CONDITIONAL CH,4NGE OF
ZONING
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
ZONING
MODIFIC,4TION OF
PROFFERS
(140 Associates, L.P.
application (9/12/83)
CONDITIONAL CHANGE OF
ZONING
11. CITY OF VIRGINIA BEACH
CITY ZONING ORDINANCE
,4MENDMENT
Section 201(e)/fences and walls
December 17, 1996
- 37 -
Item l~-J.l.
PUBLIC HEARING
ITEM # 41562
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED in ONE
MOTION Items 1, 2, 4, 5, ~ ~ 9, and 11 of the PLANNING BY CONSENT Items.
Item 2 was DEFERRED FOR AN ADDITIONAL 180 days BY CONSENT until the City Council Session
of June 17, 1997.
Item 4 was APPROVED BY CONSENT with Revised Conditions.
Item 5 was DEFERRED BY CONSENT until the City Council Session of January 14, 199Z
Item 8 was DEFERRED INDEFINITELY BY CONSENT (applicant shall pay the fees for re-
advertising)
Voting: 8-0
Council Members Voting Aye:
John ~4. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
Councilman Harrison ABSTAINED on Item 9 (BREEDEN INVESTMENT PROPERTIES), as his law firm
represents Breeden Companies.
December 17, 1996
- 38 -
Item V-J.I.
PUBLIC HEARING
ITEM # 41563
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council AUTHORIZED
FINAL APPROVAL of the Ordinance upon application of SANFORD M. and LAUREL E.
ROSENBERG for the discontinuance, closure and abandonment of a portion of a 15-foot alley.
Ordinance of Sanford M. and & Laurel E. Rosenberg for the
discontinuance, closure and abandonment of a portion of a 15 foot alley
located adjacent to Lots 6 and 18, Block 20, Croatan Beach. Said parcel
contains 750 square feet. LYNNHAVEN BOROUGH.
Voting:
8-0 (By ConsenO
Council Members Voting ,,lye:
John ,4. Baum, William W.. Harrison, Jr., Barbara M. Henley, Louis I~
Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
December 17, 1996
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
SANFORD M. ROSENBERG, et ux.
LAUREL E. ROSENBERG, et vir.
AN ORDINANCE VACATING AND DISCONTINUING A
PORTION OF A 15' ALLEY IN LYNNHAVEN BOROUGH,
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the applicants,
SANFORD M. ROSENBERG and LAUREL E. ROSENBERG, to be presented to the
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 9th day of
April, 1996, for the vacation of a portion of the hereinafter described alley in the City of
Virginia Beach, Virginia, was on the 1st day of March, 1996, and on the 11th day of
March, 1996, duly published twice, with six days elapsing between the two
publications, in a newspaper published or having general circulation in the City of
Virginia Beach, Virginia, specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity with the manner
prescribed by Code of Virginia, § 15.1-364, for the institution of proceedings for the
vacation of a portion of the alley in Croatan Beach; and
WHEREAS, said application was made to the City Council of the City of
Virginia Beach, Virginia, on the 9th day of April, 1996, and in conformity with the
manner prescribed by Code of Virginia, § 15.1-364, for the conduct of such
proceedings, the City Council of the City of Virginia Beach, Virginia, on the 9th day of
April, 1996, appointed Robert J. Scott ,
David M. Grochmal and Ralph A, Smit;~l
, as viewers
to view such street and report in writing whether, in their opinion, any, and if any, what
inconvenience would result from discontinuing the same, and said viewers have made
such report to the City Council of the
City of Virginia Beach, Virginia; and
GPIN NO. 2426-38-9809
WHEREAS, from such report and other evidence, and after notice to the
land proprietors affected thereby, along the portion of the alley proposed to be
vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia,
that these proceedings have been instituted, conducted and concluded in the manner
prescribed by Code of Virginia, § 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said alley, and that the portion of said alley
should be vacated and discontinued; and
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of
Virginia Beach, Virginia,
1. That the following portion of an alley in Croatan Beach, in the
Borough of Lynnhaven, in the City of Virginia Beach, Virginia, be, and the same is
hereby, vacated and discontinued:
ALL that certain piece or parcel of land, situate, lying and
being in Lynnhaven Borough, in the City of Virginia Beach,
State of Virginia, being that portion of a 15' alley containing
750 sq. ft. and shown as "Property Lines and 15' Alley
Hereby Vacated" on that certain survey entitled
"Resubdivision of Property, Lots 6, 18, and Closure of a
Portion of 15' Alley, Block 20, Croatan Beach, M.B. 24, P.
37, Lynnhaven Borough, Virginia Beach, Virginia," dated
August 8, 1996, which plat is attached hereto and made a
part hereof and is to be recorded simultaneously herewith,
reference to which is hereby made for a more particular
description of said property.
2. A certified copy of this ordinance of vacation shall be recorded as
deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as
grantor, and in the names of Sanford M. Rosenberg and Laurel E. Rosenberg, as
grantees, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, at the expense of the applicants.
3. This ordinance shall be effective on the date of its passage.
Certified to be a true and exact copy of an ordinance adopted by the City
Council of the City of Virginia Beach, Virginia, at its regular meeting held on the
day of December
, 1996 .: FINAL APPROVAL: December 17, 1996
17
TESTE: RUTH HODGES SMITH, CITY CLERK
APPROVED
LEGAL ~ ~r--c~¢'-,...~;
'l By:
~ City Clerk
MalaM8
Not to Sml~
ZONING HISTORY
!
I
i
PC Agenda, May 8, 1996 - Page 161
LAUREL E. ROSENBERG 11-94
SANFORD M. ROSENBERG, MD
2407 LAKE LOREINE LN.
RICHMOND, VA 23233
2500
68-1/510
1154
qP. RO,' ESO0
- 39 -
Item V-J.2.
PUBLIC HEARING
ITEM it 41564
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council AUTHORIZED AN
ADDITIONAL 180-DEFERRAL until the City Council Session of June 17, 1997, ~4pplication of BPP
DEVELOPERS, INC., a Virginia Corporation for the discontinuance, cloo'ure and abandonment of
Lynnhaven Drive:
Petition of BPP Developers, Inc., a Virginia Corporation for the
discontinuance, closure and abandonment of Lynnhaven Drive beginning
at a point 151.6 feet east of Vista Drive and running in an easterly
direction a distance of 115 feet. Said parcel is variable in width and
contains 3239 square feet. LYNNHAVEN BOROUGH.
8-0 (By Consent)
Council Members Voting Aye:
John A. Baurn, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members .4bsent:
Linwood O. Branch, III, Harold Heischober and Louisa 34. Strayhorn
December 17, 1996
Item V-J.3.
PUBLIC HEARING
ITEM # 41565
PLANNING
Letter from Attorney Winston G. Snider, requesting DEFERRAL until the City Council Session of January
J 7, 1997, is hereby made a part of the record.
William G. Hook, 3660 East Stratford Ro~, Phone: 464-2908, President - Ocean Park Civic League,
wtzr in OPPOSITION to the DEFERRAL and requested the application be DENIED.
Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council DENIED the
Petition of RON.4LD W. and JUDITH N. BOONE for the discontinuance~ closure and abandonmen~ of
a portion of Short Drive (formerly Lynnhaven Boulevard):
Application of RonaM YE. & Judith N. Boone for the discontinuance,
closure and abandonment of a portion of Shore Drive (formerly
Lynnhaven Boulevard) located on the north side of Shore Drive and
extending from the eastern boundary of Rockbridge Road to the western
boundary of Dinwiddie Road. Said parcel is variable in width and
contains ~319 square .feet. BAYSIDE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Bantu, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff,
Nancy I(. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Brancl~ III and Louisa M. Strayhorn
December 17, 1996
- 41 -
Item l~-J.4.
PUBLIC HEARING
ITEM # 41566
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the
lle~olution upon Application of JAMES M. GRUSZECZK4 for the conversion of a nonconforming use
in the R-SS District by converting a one-story cottage to a two-story garage apartment at 408 27th
Street, on a 7,000 square foot lot (VIRGINIA BEACH BOROUGH):
Resolution authorizing the conversion ora nonconforming use
on property located at 408 27th Street, in the Borough of
Virginia Beach.
The following conditions shah be required:
6.
7.
That the proposed garage apartment conform to the site plan
and rendering which has been submitted by the applicant,
exhibited to the City Council on the date of adoption of this
Resolution, and is on file with the Planning Department.
That the garage apartment and the principal structure on the
lot be improved with the shake siding material exhibited to the
City Council on the date of adoption of this Resolution and on
file with the Planning Department.
That the applicant obtain any variances determined by the
Zoning Administrator to be required under applicable
provisions of the City Zoning Ordinance.
That no more than two (2) residential dwelling units be
permitted upon the property.
That in the event the garage (ground floor) portion of the
garage apartment is converted into a dwelling unit or is used
for such purposes, or for any other purpose which would
prevent its use for parking, the entire structure shah lose its
lawful nonconforming status.
That any areas to be paved consist of concrete.
That prior to the issuance of a building permit for the proposed
conversion, the applicant cause to be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach a deed
restriction or similar legal instrumeng in form and substance
approved by the City ~4ttorney, containing the conditions set
forth in the Resolution.
December 17, 1996
Item V-J.4.
PUBLIC IfEARING
ITEM # 41566 (Continued)
PLANNING BY CONSENT
Voting:
8-0 (By ConsenO
Council Members Voting ~lye:
John/l. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members/lbsent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
December 17, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
A RESOLUTION AUTHORIZING THE CONVERSION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 408
27th STREET, IN THE BOROUGH OF VIRGINIA BEACH
WHEREAS, James M. Gruszeckza (hereinafter the
"Applicant") has made application to the City Council for
authorization to convert a one-story cottage situated on a certain
lot or parcel of land having the address of 408 27th Street, in the
R-SS Residential Single-Family District, to a two-story garage
apartment; and
WHEREAS, such lot contains both the subject cottage,
which constitutes a single-family dwelling under the definition
thereof set forth in the City Zoning Ordinance, and a principal
single-family dwelling; and
WHEREAS, the existing cottage is a nonconforming use, in
that the City Zoning Ordinance allows only one single-family
dwelling to be on a residential lot; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the conversion of the cottage to a garage apartment
would be unlawful in the absence of a resolution of the City
Council authorizing such conversion upon a finding that the
proposed use, as converted, will be equally appropriate or more
appropriate to the zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
garage apartment, as converted, will be equally appropriate to the
R-5S Residential Single-Family District as is the existing
establishment.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed conversion of the subject cottage to a
garage apartment, as proposed by the Applicant, be, and hereby is,
authorized, upon the following conditions:
1. That the proposed garage apartment conform to the
site plan and rendering which has been submitted by the Applicant,
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
exhibited to the City Council on the date of adoption of this
Resolution, and is on file with the Planning Department;
2. That the garage apartment and the principal
structure on the lot be improved with the shake siding material
exhibited to the City Council on the date of adoption of this
Resolution and on file with the Planning Department;
3. That the Applicant obtain any variances determined
by the Zoning Administrator to be required under applicable
provisions of the City Zoning Ordinance;
4. That no more than two (2) residential dwelling units
be permitted upon the property;
5. That in the event the garage (ground floor) portion
of the garage apartment is converted into a dwelling unit or is
used for such purposes, or is used for any other purpose which
would prevent its use for parking, the entire structure shall lose
its lawful nonconforming status;
6. That any areas to be paved consist of concrete; and
7. That prior to the issuance of a building permit for
the proposed conversion, the Applicant cause to be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach
a deed restriction or similar legal instrument, in form and
substance approved by the City Attorney, containing the conditions
set forth in this Resolution.
59
60
the ~
Adopted by the Council of the city of Virginia Beach on
day of December, 1996.
61
62
63
64
CA-96-6503
wmordres \ grus z eckz a. res
R-2
December 16, 1996
APPROVED AS TO CONTENT
D~r~e~t ~f Law '
Item V-J.5.
PUBLIC HEARING
ITEM # 41567
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council DEFERRED TO 14
JANUARY 1997 CITY COUNCIL SESSION Resolution upon application of DANIEL J. PERRELLA
for an enlargetn~nt of a nonconforming use in the A-12 District by adding 1,064 square feet of living
area and a 228 square foot porch at 313 33rd Street on a 7,000 square-foot lot (VIRGINI~ BEACH
BOROUGH):
Resolution authorizing the enlargement of a nonconforming structure on
property located at 313 33rd Street, in the Borough of Virginia Beach.
8-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members I/'oting Nay:
None
Council Members Absent:
Linwood O. Branch, III, HaroM Heischober and Louisa M. Strayhorn
December 17, 1996
Item V-J. 6.
PUBLIC HEARING
ITEM # 4156#
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessom~, seconded by Councilman Jones, City Council APPROVED, BY
CONSENT, the ~.pplication of STANTLEY JONES for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning
Ordinance at 768 Sandbridge Road:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Stantley Jones.
Property is located at 768 Sundbridge Road. PRINCESS ANNE
BOROUGH.
the following conditions shah be required:
1. Proposed parcels `4-1 and ,4-2 shall share a common
ingress/egress onto Sundbridge Road.
2.
~4 final subdivision plat shall not be recorded until a Land
Management Plan is reviewed and approved by the
Development Services Center.
Development shall comply with all City, State and Federal
regulations including, but not limited to, the City Zoning
Ordinance, Subdivision Ordinance, Southern Watersheds
Management Ordinance and Floodplain Regulations.
l/otin g :
8-0 (By ConsenO
Council Members Voting ,4ye:
John ,4. Baum, William gE. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
December 17, 1996
Ittm V-J.Z
PUBLIC HEARING
ITEM # 41569
PLANNING
The following expressed concerns re WITHDRAWAL:
Debbie Darwin, 2520 Hazen Road, Phone: 340-7633, represented the Pinewood Garden Civic League
Mark Hecht, 2632 Southern Boulevard
Letter from the applicant, Richard Spruil~ dated November 27, 1996, requesting WITHDRAWAL, is hereby
made a part of the record.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ,4LLOWED
WITHDRAWAL of the Ordinance upon application of RICHARD SPRUILL for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD SPRUILL FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION
Ordinance upon application of Richard Spruill for a Conditional Use
Permit for an automobile service station on certain property located at
the northeast intersection of Lynnhaven Parkway and Southern
Boulevard Said parcel contains 41,338 square feet. LYNNHAVEN
BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, William W.. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, Ill and Louisa M. Strayhorn
December 17, 1996
Item V-J.&
PUBLIC HEARING ITEM # 41570
PLANNING BY CONSENT
Correspondence from Attorney John W. Richardson of December 11, 1996, requesting INDEFINITE
DEFERRAL is hereby made a part of the record.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council DEFERRED
INDEFINITELY, BY CONSENT, the ,4pplications re OVERtIOLT TRUST:
AND,
ORDIN`4~VCE UPON APPLICATION OF JOSEPH OVERHOLT,
TRUSTEE OFERHOLT TRUST FOR `4 CONDITIONAL CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-lO TO B-2
Ordinance upon application of Joseph Overholt, Trustee Overholt Trust
for a Conditional Change of Zoning District Classification from R-10
Residential District to Conditional B-2 Community Business District on
certain property located at the southwest corner of Lynnhaven Parkway
and Salem Road. The proposed zoning classification change to B-2 is for
commercial land use. The Comprehensive Plan recommends use of this
parcel for suburban medium residential at densities that are compatible
with single family use in accordance with other plan policies. Said
parcel contains 15 acres. KEMPSVILLE BOROUGH
ORDINANCE UPON `4PPLICATION OF WILLL4M J. & MILLIE J.
OVERttOLT IRREVOCABLE TRUST FOR ,4 CONDITIONAL USE
PERMIT FOR MINI-WAREHOUSES AND AN.4 UTOM OB ILE SERVICE
ST,4 TION
Ordinance upon application of William J. & Millie J. Overholt
Irrevocable Trust for a Conditional Use Permit for mini-warehouses and
an automobile service station on certain property located at the southwest
corner of Lynnhaven Parkway and Salem Road. Said parcel contains
13. 78 acres. KEMPSVILLE BOROUGH.
The applicant shall pay all costs of readvertising.
Voting:
8-0 (By Consent)
Council Members Voting ~lye:
John `4. Baum, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy IC Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ,4bsent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
December 17, 1996
- 47 -
Item F-J.~.
PUBLIC HEARING
ITEM tt 41571
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an
Ordinance upon application of BREEDEN INVESTMENT PROPERTIES for a Conditional Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF BREEDEN INVESTMENT
PROPERTIES FORA CONDITIONAL CHA~GE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 TO P-1 Z012961058
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of Breeden Investment Properties for a
Conditional Change of Zoning District Classification from B-3 Central
Business District to P-1 Preservation District on certain property located
400 feet more or less north of Southern Boulevard beginning at a point
430 feet more or less west of North Palm Avenue. The proposed zoning
classification change to P-1 is for open space preservation. The
Comprehensive Plan recommends use of this parcel for urban activity
center use in accordance with other Plan policies. Said parcel contains
2.06 acres. BAYSIDE BOROUGH.
MODIFIED THE PROFFERS placed on the 12 September 1983,
approved application of 140 ASSOCIATES, L.P. for a ~
Change o_f Zoning from B-3 Central Business District to ~
4 Resort Commercial District (to increase the density from 140 to 156
units) on the South side of Virginia Beach Boulevard, approximately 610
feet East of Beasley Drive.
The following condition shall be required:
1. An Agreement encompassing the modified proffers shall be
recorded with the Clerk of Circuit Court.
This Or&'nance ~hall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of December. Nineteen
Hundred and Nine~_ -Si.r, -
December 17, 1996
Item V-J.9.
PUBLIC HEARING
ITEM # 41571 (Continued)
PLANNING BY CONSENT
7-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
William gE. Harrison, Jr.
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Louisa lC. Strayhorn
Councilman Harrison ABSTAINED as his law firm represents Breeden Companies.
December 17, 1996
Item V-~.IO.
PUBLIC HEARING
ITEM # 41572
PLANNING
Upon motion by Council Lady McClanan, seconded by Councilman Baum, City Council DEFERRED
INDEFINITELY, until other related applications are scheduled, the Application of LITCHFIELD
M. dNOR, INC. for a Conditional Change o_f Zoning District Classt?catio~:
ORDINANCE UPON/,~PPLICATION OF LITCHFIELD MANOR, INC.
FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2
Ordinance upon application of LitchfieM Manor, Inc. for a Conditional
Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to Conditional R- 7.5 Residential District on certain
property located on the east side of Holland Road beginning at a point
630 feet more or less south of Proposed Ferrell Parkway. The proposed
zoning classification change to R-78.5 is for single family residential
land use on lots not less than 7,500 square feet. The Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other plan policies. Said parcel contains 16.012 acres. PRINCESS ANNE
BOROUGH.
This application shall be considered with the two future similar applications on Holland Road.
Council Lady McClanan advised she wished the School Board Policy addressed relative Holland Road
and the School Board's walking policy. The School Board's policy states that every student will walk, if
located, within 1.5-miles of their particular School.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, William gE. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
December 17, 1996
Item V-J.11.
PUBLIC HEARING
ITEM # 41573
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Application of the CITY OF VIRGINIA BEACH to AMEND and REORDAIN Section 201(e) of the City
Zoning Orch'nance re requirements for fences and walls.
Ordinance establishing alternative locations, structural and landscaping
requirements for fences. Section Amended: City Zoning Ordinance
Section 201.
F'oting :
8-0 (By ConsenO
Council Members Voting ~lye:
John .4. Baum, William gE. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Reba ~ McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ~lbsent:
Linwood O. Branch, III, Harold Heischober and Louisa M. Strayhorn
December 17, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
AN ORDINANCE ESTABLISHING
LOCATIONAL, STRUCTURAL AND
REQUIREMENTS FOR FENCES
ALTERNATIVE
LANDSCAPING
SECTION AMENDED: CITY ZONING ORDINANCE § 201
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 201 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Sec. 201 Yards.
(e) Requirements for Fences and Walls
(1) Fences and walls shall not exceed a height of eight (8)
feet. Walls and fences may project into or enclose any
part of any yard; provided, however, that any fence or
wall which projects into or encloses a required front or
side yard adjacent to a street shall not exceed a height
of four (4) feet except in the case of a through lot when
a required front yard setback is clearly and physically
the rear of the dwelling, an eight-foot fence will be
allowed, and provided further that no fence or wall may
be erected closer than five (5) feet to any right-of-way
line, and where it is closer than ten (10) feet to any
right-of-way line, it shall have installed between it and
the right-of-way line Category I landscaping.
(la) Fences constructed of materials generally recognized on
an industry-wide basis as maintenance-free, such as
vinyl, may be located on a right-of-way line, provided
that (i) Category I landscaping shall be installed
immediately inside the entire length of any such fence;
(ii) the height of any such fence shall not exceed the
limits set forth in subsection (e) (1) above; and (iii)
any such fence shall be no greater than fifty per cent
¢50%~ opaque.
(2) Barbed wire and electrified fences are prohibited in all
residential and apartment districts or within fifteen
(15) feet thereof. Chain link fences shall be permitted,
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
70
71
72
provided that Category I landscaping shall be installed
between the entire length of any such fence and the
public right-of-way.
(3) Fences shall be prohibited along that portion of a
parking area of one (1) or more parking spaces which is
adjacent to a street, unless required by other sections
of this ordinance or a conditional use permit; except
this shall not pertain to a decorative fence (excluding
wire woven fence) with at least seventy-five (75) percent
unobstructed light penetration which meets all applicable
height limits for fences.
(4) All required fences and walls shall be erected and
maintained in accordance with the standards and
specifications set forth in the Virginia Beach
Landscaping, Screening and Buffering Specifications and
Standards.
(5) All fences and walls, or portions thereof, which are
located within thirty (30) feet of, and are substantially
parallel to, any public right-of-way shall comply with
the standards pertaining to fences and walls set forth in
the Virginia Beach Landscaping, Screening and Buffering
Specifications and Standards. Any such fence or wall
located on a through lot shall also have a gate through
which ingress and egress is provided.
(6) No nonconforming fence or wall located within thirty (30)
feet of, and substantially parallel to, any public right-
of-way shall be enlarged, extended, relocated or
reconstructed, nor shall more than fifty (50) percent of
any nonconforming fence or wall be replaced within any
two-year period, unless such fence or wall is brought
into conformity with the provisions of this section. As
used herein, the term ~'nonconforming fence or wall''
shall mean any fence or wall which was lawfully
constructed prior to the adoption of this section and
which fails to conform to any of the requirements of this
73
74
75
76
77
78
79
8O
81
(7)
section. These provisions shall apply notwithstanding
that the replacement, reconstruction or relocation of a
fence or wall, or portion thereof, is made necessary or
otherwise occasioned by reason of condemnation or
involuntary destruction or deterioration of, or damage
to, such fence or wall or portion thereof.
The provisions of this section shall not apply to fences
or walls used principally for agricultural or
horticultural purposes.
82
83
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 17th day of December, 1996.
84 CA-96-6445
- 51 -
Item V-K.I
APPOINTMENTS
ITEM # 41574
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
CHESAPEAKE BAY ASAP POLICY BOARD
Robert K. Dean
3 Year Term
07-01-96 - 06-30-99
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
- 52 -
Item I~-K.2
APPOINTMENTS
ITEM # 41575
Upon NOMINATION by Vice Mayor Sessoms, City Council:
CHESAPEAKE BAY PRESERVATION AREA BOARD
APPOINTED:
Richard Welton
AND, REAPPOINTED:
Robert H. DeFord, Jr.
Charles L. Hightower
James L. Kitchin, Jr.
Three-Year Terms
1/01/97 - 12/31/99
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, W~lliam gE.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy I(. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
Item W-K.$
APPOINTMENTS
ITEM # 41576
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
RESORT AREA ADVISORY COMMISSION (RA/IC)
C. Max Bartholomew, Jr.
Chamber of Commerce representative
(No Term)
AND, REAPPOINTED:
Timothy E. Barrow
Molly P. Brown
C. Cheyney Cole, Jr.
David R. Hager
Robert M. Tata, Jr.
Three-Year Terms
1/01/97 - 12/$1/99
Voting: 11-0
Council Members ~'oting Aye:
John A. Baum, Linwood O. Brancl~ III, Harold Heischober, NSlliam W.
Harrison, Jr., Barbara M. Henley. Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 17, 1996
Ittm V-IL4
APPOINTMENTS
ITEM # 41577
BY CONSENSUS, City.Council RESCHEDULED the following APPOINTMENT:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
December 17, 1996
Item ~'-K.6.
APPOINTMENTS
ITEM # 41578
BY CONSENSUS, City Council RECORDED CIRCUIT COURT APPOINTMENT:
BOARD OF ZONING APPF_,,4LS
Floyd E. WaterfieM, Jr.
01/01/97 - 12/31/2001
December 17, 1996
- 56 -
Item V-L.I.
UNFINISHED BUSINESS
ITEM # 41579
Mayor Obemdorf announced Council Lady Strayhorn was a recipient of awards for the "Best Treasurer"
and "Best Program" for the Annual National League of Cities/LEO Conference.
Council Lady Strayhorn will receive the NAACP PRESIDENT'S AWARD for Community Services on
January 11, 199Z
December 17, 1996
- 57 -
Item I~-N.
ADJOURNMENT
ITEM # 41580
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 17, 1996