APRIL 4, 2000 MINUTESF. MINUTES
1. INFORMAL & FORMAL SESSIONS
March 28, 2000
G. AGENDA FOR FORMAL SESSION
The Consent ~4genda 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.
H. PUBLIC HEARING
FARMERS MARKET - Lease
I. ORDINANCES/RESOLUTIONS
Ordinance to AUTHORIZE the City Manager to ~nter into a LEASE with Dave's Cove,
Inc. for space 26 at The Farmers Market.
Ordinance to AMEND Section 6-116 of the City Code re surfing (Deferred January 4, 2000
Indefinitely), subject to revisions.
Ordinance re Section 4.5 of the Subdivision Regulations, to APPROPRIATE funds for
Open Space at Woods of Little Neck Neighborhood Park - cash in lieu of park dedication:
a. Phase I - George Newsome Luxury Homes
$11,450.91
b. Phase II - Clark Whitehill Enterprises, Inc.
$ 7,651.80
Resolution to request the U.S. Congress AMEND legislation to provide FAA funding re
noise mitigation and attenuation around commercial airports for Military. Airports; and,
the City Clerk provide a copy of this Resolution to the Congressional Delegation
representing Virginia.
Resolution re issuance and sale oflndustrial Development Revenue Bonds, Series 2000,
not to exceed $4,630,000, re financing Architectural Graphics, Inc.
J. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
PROPOSED FY 2000-2001 RESOURCE MANAGEMENT PLAN SCHEDULE
DATE EVENT LOCATION TOPIC
Tuesday, April 11 Council Workshop Council Conference Room Quality Education for Lifelong
10:00 AM - Noon Learning
Thursday, April 13 Public Hearing Princess Anne High Public comment on Proposed FY
7:00 PM - 9:30 PM School 2000-2001 Resource Mgmt. Plan
Tuesday, April 18 Council Workshop Council Conference Room Quality Physical Environment &
2:00 PM - 4:00 PM Operational Support
Tuesday, April 25 Council Workshop Council Conference Room Cultural and Recreational
2:00 PM - 4:00 PM Opportunities & Family and Youth
Opportunities
Tuesday, April 25- 6:00 PM Public Heating Council Chamber Public Comment
Thursday, May 4 Council Workshop Council Conference Room Reconciliation of outstanding
10:00 AM - Noon resource issues
Tuesday, May 9 - 2:00 PM Adoption of FY 2000-2001 Council Chamber
Resource Mgmt. Plan
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)
03/30/00slb
AGENDA\04-04-00.
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Ap~14, 2000
Mayor Meyera E. Oberndorf called to order the FY 2000-2001 RESOURCE MANAGEMENT
WORKSHOP in the Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 10.'00
A.M.
Council Members Present:
John A. Baum, Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K.
Parker and A. M. "Don" Weeks
Council Members Absent:
Vice Mayor William D. Sessoms, dr.
Linwood O. Branch, III
William W Harrison, Jr.
[ENTERED: 11:55 A.M.]
[ENTERED: 10.'18 A.M.]
[ABSENT DUE TO ILLNESS]
Mayor Oberndorf advised she had been entertaining students from France, who make a once-every-two-year
pilgrimage to visit with the City's students at Kempsville High School.
-2-
BUDGET WORKSHOP
11:00 A.M.
ITEM # 46443
Walter C. Kraemer, Jr., Acting Director - Department of Management Services, Resource Management,
distributed a document from Council Lady Parker requesting the percentage changes for the various
categories of revenue appropriations and full-time equivalents (FTE's), from FY1999-00 to FY 2000-O1.
Mr. Kraemer advised the first section to be reviewed will be Safe Community, representing approximately
11. 74% of the Total Budget.
Highlights include an additional Consumer Protection Investigator I position in the Office of the
Commonwealth's Attorney to be able to address the increased number of citizen requests. The staff has the
responsibility of enforcing Consumer protection laws by investigating complaints against businesses,
preparing cases for court, providing consumer information to the public, and mediating disputes when legal
action is not warranted. The requests for investigations/mediations average between 1,300 and 1,400 per
year. Due to the inability of the office to address every request the Division has focused on providing
consumer education. This educational effort, however, has tended to increase the number of complaints
needing assistance. The Division must decline more than 45% of the requests received yet still manage to
return more than $435,000 to the citizens of Virginia Beach during FY 1998-99. Mayor Oberndorf
congratulated The Honorable Robert J. Humphreys - Commonwealth's Attorney, upon his appointment as
Judge to the Court of Appeals. dudge Humphreys advised the Investigator I position has been requested,
but not funded, for a number of years. Information has been received that the State will reimburse the City
approximately $132,000 above the funds anticipated by the Management Services Department. This is due
primarily to salary increases for Prosecutors for which the Office of the Commonwealth's Attorney has been
lobbying. In addition, the State Budget calls for a number of additional Prosecutor and Para Legal
positions state-wide. Virginia Beach currently ranks No. 4 on the priority list (which is being revised).
Through these priorities, Judge Humphreys believes the Office of the Commonwealth's Attorney will receive
one additional Prosecutor and one Para legal. The Office is delivering to the City Treasurer $1.189-
MILLION in fines collected, which is approximately $240,000 above the funds collected last year. dudge
Humphreys expressed appreciation to the City Council for their support. All Members of Council will be
formally invited to the Court of Appeals for his investiture in the City Council Chamber on April 26, 2000,
at 4.'00 P.M, with a reception following at the Marine Science Museum.
Community Corrections provides supervision for approximately 1,800 locally responsible offenders who
otherwise would have been assigned to the Virginia Beach Correctional Center to serve sentences. Offenders
are placed in the program by Judges of the Circuit Court, General District Court and Juvenile and Domestic
Relations Court. The secured juvenile detention usage by Courts has increased by nearly 18%, which the
staff has attempted to anticipate in this Operating Budget.
Chief Gregory B. Cade, Fire Department, presented information through the new audio visual equipment.
To provide back-up capabilities to the Volunteer EMS system, the Fire Department will provide advance life
support equipment on all fire trucks. One issue, to be investigated in the future, is the replacement of fire
vehicle heavy equipment. For FY 2000-O1, three fire pumpers have been included in the budget. Over the
next seven years, approximately 30 vehicles will be scheduled for replacement. Ten (10)firefighter
positions have been added to address staff issues relative a maturing work force. Two fire captains have
been added to handle recruitment project management related to the General Booth Fire Station.
Station and Apparatus Staffing
18 Stations
32 Total Staffed
20 Engines
5 Ladders
2 Tankers
1 Hazardous Material Unit
4 Battalion Chiefs
April 4, 2000
-3-
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Virginia Beach Fire Department
324 Operations personnel
3 Shifts of 108 assigned personnel
24 hours on duty, 48 hours off duty
(Average work week of 56 hours.)
108 Assigned Personnel
87 Personnel Minimum Staffing
21 Positions Utilized Planned Leave
Vacancies, Injury Leave, TDA's
Unplanned Leave (sick, etc.)
Virginia Beach Staffing
108 Assigned per shift
87 Fire Fighters minimum
1.24 Persons per position
National Research
To effectively maintain minimum staffing
with minimal overtime 1.30 person per
position are recommended.
Recommended Staffing
Using the 1.30 factor, Virginia Beach
should assign 113firefighters per shift.
OSHA
1996 2 in, 2 out rule
1996 VBFD 78 additional positions needed
Department policy developed
Utilizes multi-unit responses
FY 97/98 - 13 positions authorized
Virginia Beach Fire Department
1996 chose to focus on OSHA's 2 in, 2
out rule
2000 needs have shifted- maintain 87
fire fighters
Factors Effecting Minimum Staffing
Aging Work Force
Increased use of Sick Leave
Family Medical Leave Act
Senior employees accrue more leave
Decisions affecting compensatory time
FY 00/01 Budget Proposal
10 Additional Fire Fighters
Increases staffing from 1.24 to 1.28
persons per position
Additional positions reduce overtime
required to maintain staffing
The 10 additional Fire Fighters will be funded as of January 1, 2001. The increase in pay for newly hired
Fire Fighters is to have the City competitive with the surrounding jurisdictions. Catheryn Whitesell advised
Mayor Oberndorf the Market Survey compares the top of the salary for each City. tIuman Resources does
review the long term employee to make sure the "top of the salary" is competitive for all cities.
Chief Cade advised Councilman Jones re the Capital Improvement Program ie the Ocean Park Fire
Department, $50,000 was earmarked to study the Ocean Park Fire Station. A report is also being prepared
for City Council's review in June in conjunction with the Department of Emergency Medical Services
reviewing the placement of Fire Stations and EMS Rescue Stations. Councilman Jones referenced
perception in the Bayside area that afire station will be built in Diamond Springs. The Diamond Springs
issue will be included in the aforementioned report. As per request of Council Lady McClanan, Chief Cade
will provide a listing of the average response times for individual fire station locations.
April 4, 2000
-4-
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Council Lady Henley referenced the Sandbridge Fire Station and the replacement schedule. Chief Cade
advised the staff would return to City Council, after ADOPTION of the CIP, to request approval to purchase
the land. $2.9-MILLION has been approved. Once the land is purchased, the design work will entail
approximately 6 months. The actual construction should commence next year. The City Manager believes
the Schedule of Activities contained a worse case scenario, if problems arose with the site acquisition and
condemnation resulted, this would add a year to the schedule. Chief Cade advised there are four (4) vacant
fireman positions. Chief Cade does not see any problem with filling the new positions. The minimum
assignment to a house fire is 3 engine companies and one ladder.
Chief Cade advised a facilitator is being utilized to resolve the problems between the EMS and the Fire
Department. The Departments met for two days and will finish tomorrow afternoon.
Sheriff Frank Drew and Chief Deputy Paul Lanteigne were in attendance to respond relative the Sheriff and
Corrections Budget. Mayor Oberndorf referenced a proposal each person arrested would have to pay $100
to the City. Sheriff Drew advised this was accomplished in other states. Virginia is under the Dillon Rule
and, therefore, has to have permission from the General Assembly for this aforementioned proposal. Sheriff
Drew believes this permission could be granted through the General Assembly in the upcoming session. This
is a very interesting concept as many individuals have the ability to pay for their incarceration. Individuals
who are able must pay for their medical plus canteen charges. The Aids problem is very costly. Individuals
in advanced stages of Aids who are not able to secure the necessary medical assistance are getting arrested.
Imnates, by Federal law, are receiving better care than the Senior citizens. The tax payers are paying for
same in excess of $1-MILLION per year. This covers approximately 1,100 individuals. Virginia Beach has
a lowerper diem cost than any jail in Virginia. The City 's jail was determined to be the most economically
run jail in Virginia. Medical increased 10- 15% per year. The Correction Center will house over 1,000
inmates andprocess over 16, 200 arrests during the year. Seatack Elementary is being turned into a training
facility for the Police and Sheriff's office. The entire cost in the Budget will be $2.3-MILLION with the City
expending SI.I-MILLION. Through the Sheriff's work programs, $1.2-MILLION is being paid for this
building. This is more than one-half and will save the City approximately $9-MILLION.
Mr. Kraemer advised the Police Department will be in attendance during the April 11, 2000, Budget
Workshop.
Relative the Courts and Court Support, the Contingency Account has been increased from $500,000 to $1-
MILLION to cover Juvenile Detention costs as well as the Comprehensives Services Act Program. The City
expended $1.3-MILLION in the CSA. Mr. Kraemer advised the State restricts the City's capacity to utilize
electronic records for storage purposes. Many times the hard copy is required to be available for particular
cases. The state has initiated new legislation to change this whereby electronic or microfilm copies of
documentation will be accepted. However, in the past, this electronic mechanism has not been allowed to
be utilized, especially in cases dealing with juveniles.
Relative Emergency Medical Services, there are 742 volunteers responding to 26, 600 emergency medical
calls Bruce Edwards, Director - Emergency Medical Services, advised with the expansion of the
convalescent homes and assisted care facilities, EMS is receiving more senior citizen calls. Complimenting
this impact is the change in Medicare reimbursement policies, which have led to a growing reliance on the
Volunteer Rescue Squads for ambulance transportation. In terms of addressing the complex medical issues,
the Department has formed a special paramedic program and has been able to increase the level of staffing
necessary to handle the increase in complexity. To decrease response time, EMS and Court House Rescue
personnel identified a vacant building located at the intersection of Painters Lane and Townfield Road,
which is adjacent to the future Ferrell Parkway. This facility was renovated and now stations one ambulance
much closer to the General Booth/Red Mill area to provide a second response crew at no extra cost to the
City. Mr. Edwards advised the Military has strict policies on fund raising on Federal property. EMS serves
all of Little Creek Amphibious Base in Norfolk, Fort Story (since 1977), Dam Neck and Oceana Naval Base.
Mr. Kraemer proceeded to the next Section of Economic Vitality including Agriculture, Economic
Development, Housing and Neighborhood Preservation. Convention and Visitor Development is
scheduled for the April I1, 2000, Workshop.
For FY 2000-01, Economic Development projects will create 1,500 jobs in Virginia Beach and $40-
MILLION in new capital investment. On the average, the Economic Development Investment Program
(EDIP) funds invested are paid back to the City in the form of new municipal taxes in 2.36 years. Each
dollar of public funds spent yields $30.25 in new capital investment, and every $ 717. O0 spentyields one new
employment opportunity.
April 4, 2000
-5-
BUDGET WORKSHOP
ITEM # 46443 (Continued)
Donald Maxwell, Director of Economic Development, advised the EDIP funds must be utilized for a public
purpose in addition to serving the user of the building. A legal review is initiated for each applicant.
Essentially, 90plus % of the funds utilized are off-site infrastructure costs as turning lanes, sewer/water
improvements, signalization, etc. To enhance its economic vitality, the City develops strategic options and
alternatives to create, enhance and sustain wealth and income in the City consistent with the overall well-
being and quality of the community. The Department also provides staff support to the Virginia Beach
Development Authority, which is appointed by the City Council. The Development Authority assists in the
business/industrial location and retention process by acquiring, developing and reselling land in municipally
owned and operated corporate parks. There is a separate Web Site for Economic Development Brochures
are beingpublished with the Economic Vitality Strategy. The Economic Vitality Strategy will be scheduled
for a City Council Session in dune or duly.
Relative the Thirty-first Street project, there is a net revenue of $49-MILLION over the.first twenty-five
years, which would essentially pay for five elementary schools. The Thirty-first Street project is still owned
by the Development Authority. The needs assessment in the Budget addresses the option to shift to 'Just a
park"project, if that were to be the ultimate decision of the citizens and the City Council. There is a question
on the Ballot: (petitioned through citizens) "Should the City of Virginia Beach develop a panoramic public
park on the City-owned property located on the ocean at 31st Street and Atlantic Avenue without
permitting a permanent business establishment thereon ? "Mr. Kraemer advised funding would have to be
established to reimburse the Development Authority for the land currently owned and also to provide funding
for the Sandler property. The City Attorney advised there are also parcels on the west side of Atlantic Avenue
which would have to be acquired. The Whitehurst and Drewry parcels have been purchased, closed upon
and are owned by the City. There is an option, as part of the arrangement, to purchase the southside of the
block (Neptune's Corner Parcel). The City Attorney advised there are contingencies in each and every
contract. Mr. Maxwell will confirm whether the Chairman of the Development Authority, was Van
Cunningham, when 31s' Street was purchased in 1987. Mr. Maxwell advised if the citizens wish the Thirty-
first Street to contain a park, this will entail a cost of approximately SI-MILLION, which the Developer is
now paying and the annual operating costs will have to be considered, which have been paid for by the
private development side. Parking at the Resort area was the number one complaint of the citizens. If this
is to be a park, parking will have to be provided as well. Council Lady McClanan foresees the Parking
Garage as being a part of the Park. 30,000 individuals have signed the petition requesting Thirty-first
Street to be made only a park. A specific analysis will be provided to determine what the tax rate would be
in cents on the real estate tax dollar to offset the cost if Thirty-first Street is to be only a park. A report
card relative the public-private partnerships to date shall be provided.
The Agricultural Reserve Program is planning to undertake 12 applications resulting in 1200 acres added
to the Program. Louis Cullipher, Director of Agriculture, advised there have been a few acres, which are
part of a larger parcel, acquired for the ARP, based on comparable sales and purchased at a very low rate,
that are not developable. The rationale for development is with water and sewer, those areas close to the
Green Line are developable. The Department is actively pursing location possibilities for the construction
of a Farm Park, currently in the preliminary state of discussion. Plans include having the agricultural
attraction located on a one hundred acre parcel, with an interpretative center housing various exhibits, a
Farmers' Market and a restaurant. Should it be determined that Princess Anne Park, also located within
the Princess Anne Corridor boundaries, would be relocated, a possible addition to the Farm Park may be
an enclosed equestrian ring which could be used not only to replace the rodeo ring currently located at
Princess Anne Park, but also as an indoor training facility for the City Mounted Police Force. Placing the
training facility in close proximity to the Park's other attractions would also enhance the Park as a
destination not only for tourists, but for citizens and for area students on school field trips.
Council Lady Parker referenced the Certificate of Occupancy Inspection Program. Some of the landlords
are keeping their property utilities in their name and avoiding the Compliance Program. Council Lady
McClanan also advised these homes are also on a month-to-month lease, so the City's inspections are not
required. Andrew M. Friedman, Director of Housing and Neighborhood Preservation, advised there are
three ways to determine if individuals are complying with a Certificate of Compliance. The term of the lease
is not relevant to the compliance, as the law requires inspection annually (or less) if tenancy changes.
Virginia Power provides the Department with information on utility changes. In certain areas, Community
Policing is notifying the Department when it is evident of a change in tenants.
Information relative the compensation of the Planning Commission Members in the various Hampton Road
Cities shall be provided.
April 4, 2000
-6-
CITY MANAGER'S BRIEFING
OCEANA NOISE STATUS REPORT
12:03 P.M.
inspections, including removal of signs, towing of cars, removal of graffiti,
waste management violations, and cutting of grass
Feedback from citizens
Other related information
The first report will be in July, 2000.
//3: The Department of Housing and Neighborhood Preservation and the Planning
Department, with guidance from the Fire Department, will develop and implement
a volunteer inspection program no later than September, 2000, thereby increasing
the amount of inspections that can be done, at less cost than with additional staff.
Note that the Fire Marshal's Office will continue to utilize certified volunteers.
//4: To provide enhanced coordination among related agencies, our Inspections
Work Group, consisting of these three agencies plus the Police Department's
Community Policing Program, and the Health Department's Environmental Health
Division, will meet regularly and identify ongoing areas where cooperation can
provide enhanced results.
//5: Staff will make a presentation on the "Spot Blight" authority to Council in
June, 2000, and seek Council's agreement to bring forth potential cases as an
enforcement tool for difficult properties.
//6: DHNP is leading an effort to develop technology to automate field inspections,
and provide Council, staff and citizens eventual direct access to inspection
information via the Internet. The system that will be developed is expected to be
able to serve all three departments. This should improve inspection efficiency and
provide better customer information.
//7: DHNP and Fire are working with the Police Department to increase
consistency and coordination between Community Policing officers and inspectors.
This work is resulting in better property maintenance and community safety as
each function is being helped by using all the available tools and expertise to
achieve results.
//8: Fire, Housing and Health will continue with the program of coordinated resort
area inspections.
I would be happy to provide you any further information you may desire regarding
this.
With Pride in Our City,
re
April 4, 2000
-8-
AGENDA RE VIEW SESSION
12:33 P.M.
ITEM # 46445
1.4
Resolution to request the U.S. Congress AMEND legislation to
provide FAA funding re noise mitigation and attenuation
around commercial airports for Military_Airports; and, the City
Clerk provide a copy of this Resolution to the Congressional
Delegation representing Virginia
This item shall be discussed during the Formal Session.
ITEM # 46446
B Y CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTIONS
1.1. Ordinance to AUTHORIZE the City Manager to enter into a LEASE
with Dave's Cove, Inc. for space 26 at The Farmers Market.
I. 2. Ordinance to AMEND Section 6-116 of the City Code re surfing
(Deferred danuary 4, 2000 Indefinitely), subject to revisions.
Ordinance re Section 4.5 of the Subdivision Regulations, to
APPROPRIA TE funds for Open Space at Woods of Little Neck
Neighborhood Park - cash in lieu of park dedication:
a. Phase I - George Newsome Luxury Homes $11,450.91
b. Phase II- Clark Whitehill Enterprises, Inc. $ 7, 651.80
Resolution re issuance and sale of Industrial Development
Revenue Bonds, Series 2000, not to exceed $4,630,000, re
financing Architectural Graphics, Inc.
Vice Mayor Sessoms will ABSTAIN on Item 5 as the applicant is a client of Wachovia Bank
ITEM # 4644 7
Council Lady McClanan advised she will add to the Agenda Scheduling of RECONSIDEIL4TION of
COLLETT PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of Zoning (BEACH-
DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to Conditional B-2 and I-1 to Conditional B-2 ~ Parker
Lane/Virginia Beach Boulevard.
ITEM # 46448
Council Lady McClanan requested the Minutes of March 28, 2000, ITEM # 46437, Page 38, include the
names of the Shore Drive Advisory Committee, including dohn R. Langlois. The Shore Drive Advisory
Commission was Chaired by Robert M. Stanton, who reported to City Council on March 28, 2000.
April 4, 2000
9
CITY COUNCIL COMMENTS
12:33 P.M.
ITEM # 46449
Council Lady Parker referenced the single information signs littering the City. The proliferation of such
signs has become an unsightly problem. Council Lady Parker contacted the City Attorney. An injunction
was filed. Council Lady Parker expressed appreciation to Karen Lasley and the City,4 ttorney. The purpose
of this action is to obtain a Court order enjoining the continuing violation of a City ordinance. The City
Attorney advised, in this particular case, a phone number was displayed so it was easy to make a contact.
The City issued a warning in danuary 1999 that such signs are illegal; but, the signs continue to be placed,
in right-of-ways and other properties.
Mayor Oberndorf also expressed concern relative this' proliferation of little plain pieces of corrugated
board reflecting various messages i.e. losing weight, baseball caps, balls etc, with just a phone number.
Council Lady Eure advised there appears to be a proliferation of banners on buildings and double
advertising. Council Lady Eure requested staff review as to whether this is allowable and can they be
controlled by the City.
ITEM # 46450
Council Lady Eure referenced the E-Mail correspondence concerning the road capacity in the event of an
hurricane. Chief Operating Officer, C. Oral Lambert., dr. shall respond.
April 4, 2000
-10-
ITEM # 46451
Mayor Meyera E. Oberndorf called to orderthe INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 4, 2000, at 12.'33
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr.
and A. M. "Don" Weeks
Council Members Absent:
William ~. Harrison, Jr.
April 4, 2000
ITEM # 46452
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the~[bllowing purpose:
PERSONNEL MATTERS: Discussion , consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Candidates for Appointment:
Boards and Cotnmissions:
Francis Land House Board of Governors
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-heM real property, for discussion in an open
meeting which would adversely affect the bargaining position or
negotiating strategy of the public body pursuant to Section 2.1-344(A)(3).
Agricultural Reserve Program - Princess Anne District
Lynnhaven Parkway and Potters Road Acquisition
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
CLOSED SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
None
Council Members Absent:
William III. Harrison, Jr.
April 4, 2000
- 12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 4, 2000
2:00 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, April 4, 2000, at 2.'00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III,, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Absent:
William W. Harrison, Jr.
[ABSENT DUE TO ILLNESS]
INVOCATION:
Father Daniel Klem
Saint Mark's Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank other than Item 1.1.5. (Architectural Graphics, Inc.), on which he would
ABSTAIN. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any
application that may come beJbre City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby
made a part of the record.
April 4, 2000
Item VI-E.
- 13-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46453
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this cert(fication resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McCIanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 46452, Page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
P~h Hodges Smith, M~ '
City Clerk
April 4, 2000
- 14-
Item VI-F.
MINUTES
ITEM # 46454
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2000.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and A. M.
"Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
- 15-
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46455
B Y CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Scheduling of RECONSIDERATION of COLLETT
PROPERTIES/COLLETT CHESAPEAKE PARTNERS Change of
Zoning (BEACH- DISTRICT 6) (lost to negative vote 3/7/2000): B-2 to
Conditional B-2 and I-1 to Conditional B-2 at Parker Lane/Virginia
Beach Boulevard will be discussed under New Business.
April 4, 2000
Item VI-G.2.
-16-
PRESENTATION
ITEM # 46456
Diane Gillespie, President of IV. T. Cooke Elementary School PTA, Gregg Anderson - Principal and Nancy
Baker - Teacher and Member of the PTA Board, expressed appreciation on behalf of the Executive Board
to the Mayor and City Council for their beautiful new school.
A framed print of the old Cooke Elementary School drawn by local artist, Rick Romano, a Cooke parent,
was presented to the Mayor and City Council.
Mayor Oberndorf extended her gratitude for the portrait and advised of the dedication, commitment and
financial investment by this City Council to the children in this City through their schools: new Seatack
Elementary, Bayside Elementary, New Castle Elementary, Christopher Farms Elementary, Linkhorn Park
Elementary and Creeds Elementary Schools.
April 4, 2000
Item VI-H. 1.
-17-
PUBLIC HEARING
ITEM # 46457
Mayor Oberndorf DECLARED A PUBLIC HEARING:
FARMERS MARKET- Lease
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
April 4, 2000
-18-
Item VI-I.
ORDINANCES/RESOL UTIONS
ITEM # 46458
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Ordinances 1, 2, and 3 and Resolution 5 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, ABSTAINED on Item L1.5.
(Architectural Graphics, Inc.), as the applicant is a client of the Bank.
April 4, 2000
- 19-
Item VI-I. 1.
ORDIN,4NCES/RESOL UTIONS
ITEM # 46459
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ,4DOPTED:
Ordinance to ,4 UTHORIZE the City Manager to enter into a LEASE
with Dave's Cove, Inc. for space 26 at The Farmers Market.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
Ap~14,2000
- 20 -
Item VI-I. 2.
ORDINANCES/RESOL UTIONS
ITEM# 46460
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 6-116 of the City Code re surfing, subject
to revisions
Voting:
10-0 (By Consen0
Council Members Voting Aye:
dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
- 21 -
Item VI-I. 3.
ORD INAN CES/RES OL UTIONS
ITEM # 46461
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance re Section 4.5 of the Subdivision Regulations, to
APPROPRIATE funds for Open Space at Woods of Little Neck
Neighborhood Park - cash in lieu of park dedication:
a. Phase I- George Newsome Luxury Homes $11,450.91
b. Phase H- Clark Whitehill Enterprises, Inc. $ 7,651.80
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, dr.
April 4, 2000
Item VI-I. 4.
- 22 -
ORDINANCES/RESOL UTIONS
ITEM # 46462
The following registered in OPPOSITION:
Mona S. Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, distributed the NEPA Regulation for
Mitigation; Section 1508.20. Said information is hereby made a part of the record.
Stuart Gordon, 700 Oriole Drive, Phone: 428-0050, member of CCAJN and requested WITHDRAWAL of
the Resolution.
John Shick, 912 Duke of Suffolk Drive, Phone: 496-4147, Chairman - Citizens Concerned About Jet Noise
(CCAJN) (comprised of over 1500 local residents), Retired Naval Officer. Mr. Shick invited all Members
of City Council to a public meeting of CCAJN on Saturday, April 8, 2000, at 10.'00 A.M. at Lynnhaven
Middle School.
Hal Levinson, 2004 Brickell Court, Phone: 496-3 701, member of CCAJN.
Admiral Fred Metz, Retired, 805 Circuit Court, Phone: 481-3248, is not associated with CCAJN, advised
the Mission of Oceana is to train our young people to defend us. Admiral Metz recommended the City
Council request a study by the Navy of an outlyingfield. Admiral Metz recommended the City Council table
the Resolution as the funds are not available.
Faxed Correspondence from the Hampton Roads Chamber of Commerce, dated April 4, 2000, on behalf of
the Oceana Task Force, requesting WITHDRAWAL of the Resolution, is hereby made apart of the record.
Mayor Oberndorf WITHDREW:
Resolution to request the U.S. Congress AMEND legislation to provide
FAA funding re noise mitigation and attenuation around commercial
airports for Military_Airports; and, the City Clerk provide a copy of this
Resolution to the Congressional Delegation representing Virginia.
April 4, 2000
- 23 -
Item VI-I. 5.
ORDINANCES/RESOL UTIONS
ITEM # 46463
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re issuance and sale of Industrial Development Revenue
Bonds, Series 2000, not to exceed $4,630,000, refinancing Architectural
Graphics, Inc.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, Barbara M.
Henley, Louis R. done& Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W. Harrison, Jr.
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, ABSTAINED as the applicant is a client
of the Bank.
April 4, 2000
Item VI-J. 1.
ORDINANCES/RESOL UTIONS
- 24 -
ITEM # 46464
B Y CONSENSUS, City Council RESCHEDULED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
April 4, 2000
- 25 -
Item VI-L. 1.
NEW BUSINESS ITEM # 46465
ADD-ON
The following registered in SUPPORT of the RECONSIDERATION OF COLLETT PROPERTIES,
INC. (L O WES).
Reverend Tommy Taylor, London Bridge Baptist Church, 2460 Potters Road, Phone; 486- 7900
Glen Brindel, 2416 Haversham Close, Phone: 481-7066
Jay Smith, 452 West Plantation Road, Phone: 486-5901
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council SCHEDULED
ADVERTISING and set the date for 6:00 PM Apri125, 2000:
RE CONSIDERA TION of COLLE TT PROPER TIES/COLLE TT
CHES/IPEAKE P/IRTNERS (LOWES) Change of Zoning
(BEACH- D[STtUCT 6) (lost to negative vote 3/7/2000):
a. B-2 to Conditional B-2
b. I-1 to Conditional B-2 at Parker Lane /Virginia Beach Boulevard
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Margaret L. Eure and Nancy K. Parker
Council Members Absent:
William W. Harrison, Jr.
April 4, 2000
- 26-
Item VI-M.
ADJOURNMENT
ITEM # 46466
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:58 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 4, 2000
City
CITY COUNCIL
MAYOR MEY£I~4 E. OBEI~VDORF, AI-Laree
[ 7CE MA YOR B'TLLIAM D SESS031S, JR., Al-~rgc
JOHN A. BAUM,
LI.~"OOD O. B~qNCft, IlL Dmmt &Beach
MARGA~T L. EU~', Dmnct l-Centex'die
g'ILLL4M g'~ tL4~ISON, JR., Dismct 5.Lvnnhaven
BA~A~ M. HENLEI] Dismct 7 -Pnncess Anne
LOUIS R. JONES, ~smct 4.BRvside
~BA S. McCL4NAN, Dismct 3-Rose Hall
NANCY K. EI~'ER, At-~rgc
.431 (DONI Ir~EKS, Demtct 2-Kcmpnillc
JAMES K. SPORE, City Managc~
LESLIE L. LILLEY City Auorn,?
RUTH HODGES-SMITtI. Cgv Clerk
of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
April 4, 2000
BUDGET WORKSHOP - Conference Room -
A. Economic Vitality, Safe Community, Policy and Decision Support
IO:OOAM
II. CITY MANAGER'S BRIEFING
12:00 NOON
III.
Oceana Noise Status Report
Captain William C. "Skip" Zobel
Commanding Officer, NAS Oceana
REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Father Daniel Klem
Saint Mark's Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE A RESTAURANT
FACILITY LOCATED AT SPACE #26 OF THE
FARMERS MARKET TO DAVE'S COVE, INC.
WHEREAS, for twenty-three years, the City of Virginia
Beach has leased spaces in the Farmers Market;
WHEREAS, after evaluating proposals for the operation of
a restaurant facility at the Farmers Market, the City of Virginia
Beach desires to enter into an agreement with Dave's Cove, Inc.,
for the lease of the restaurant facility located at space #26; and
WHEREAS, this proposed lease shall be for an two-year
term, and may be extended for three one-year periods, with the
initial term to begin on April 5, 2000, and expire on April 30,
2002.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized on behalf of
the City of Virginia Beach to enter into a lease with Dave's Cove
Inc., for space #26 at the Farmers Market, with such lease to be in
substantially the form attached hereto as Exhibit A.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April , 2000.
CA-7655
DATA~ORDIN~NONCODE~Dave' s Cove, Incl.ord
March 28, 2000
R-4
APPROVED AS TO CONTENT:
~epartment of Agr~lture--
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney~-Office
AN ORDINANCE TO AMEND SECTION 6-116
OF THE CITY CODE PERTAINING TO
SURFING
SECTION AMENDED: § 6-116
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-116 of the City Code is hereby amended and
reordained to read as follows:
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Sec. 6-116.
Surfing generally.
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days
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Day.
(a) For purposes of this section, the foltowinq phrases
shall have the meaninqs respectively ascribed to them:
(1) "City manaqer" shall mean the city manaqer or his
duly authorized desiqnee.
"Labor Day Weekend" shall be deemed to end at 6:00
p.m. on Labor Day.
(3) "Memorial Da}z Weekend" shall be deemed to beqin at
6:00 p.m. on the Friday before Memorial Day.
(4) "Shorebreak" shal 1 mean the area between the
shoreline of the Atlantic Ocean and a continuous
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line runninq thirty (30) feet east of the
shoreline.
(b) Except as otherwise provided herein, from Memorial
Day Weekend to Labor Day Weekend, it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
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between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends and
holidays, in any of the followinq areas:
(1) In the area from the northern boundary of Little
Island Park to the southern boundary of the
desiqnated lifequard-patrolled swimminq area
located at the terminus of Sandbridqe Road;
(2) In the area from the northern boundary of the
designated lifequard-patrolled swimminq area
located at the terminus of Sandbridqe Road to the
southern boundary of Dam Neck Fleet Combat Traininq
Center;
(3In the area from the center line of 42nd Street to
(4)
the center line of 56th Street; and
In the area from the center line of 58th Street to
the southern boundary of Fort Story.
(c) Except as otherwise provided herein, from Memorial
Day Weekend to Labor Day Weekend, it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
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between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00
a.m. and 6:00 p.m. weekends and holidays, in any of the followinq
areas:
In the designated lifequard-patrolled swimming area
located at the terminus of Sandbridqe Road;
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(3)
In the area from the northern jetty of Rudee Inlet
to the center line of 42nd Street; and
In the area from the center line of 56th Street to
the center line of 58th Street.
(d) Except as otherwise provided herein, from Memorial
Day Weekend to Labor Day Weekend, it shall be unlawful for any
person to use a surfboard in the waters of the Atlantic Ocean,
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between the hours of 11:00 a.m. and 4:00 p.m. any day of the week,
in the area from the northern boundary of Camp Pendleton to the
southern boundary of Rudee Inlet.
(e) Notwithstandinq the provisions of subsections (b)
throuqh (d) of this section, the use of a surfboard in the waters
of the Atlantic Ocean shall be permitted in the followinq areas:
(1) In the area from the southern boundary of Little
Island Park to the state line, subject to any
restrictions imposed by the United States
Government with respect to any area of the beach
under its ownership and/or control;
(2) At Little Island Park, subject to any restrictions
imposed by the director of parks and recreation;
(3) In the area from the southern jetty of Rudee Inlet
to a point eiqht hundred (800) feet south thereof;
(4) In the area from the northern jetty of Rudee Inlet
to a point five hundred (500) feet north thereof;
(5) In the area beqinninq three hundred (300) feet
north of the center line of 3rd Street and
extendinq to a point one hundred (100) feet north
of the center line of 5th Street;
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(6) In any area determined to be unsafe for swimming or
wadinq, pursuant to section 6-17 of this chapter;
and
(7) In any other area that the city manaqer may, from
time to time, desiqnate as a surfinq area.
(f) In addition to the prohibitions set forth in
subsections (b) throuqh {d} of this section:
(1) No person shall use a surfboard from one-half hour
after sunset to one-half hour before sunrise.
(2) No person shall use a surfboard unless a leash or
tether joins the surfer to the surfboard;
(3) No person shall use a surfboard in the area between
the south and north jetties of Rudee Inlet;
{4) No person shall, from Memorial Day Weekend to Labor
Day Weekend, use a surfboard within the shorebreak
unless such person is paddlinq, or wadinq beside
the surfboard for purposes of enterinq the water or
returning to the beach, or unless such person is in
an area specifically desiqnated by this section or
the city manaqer as a surfinq area; and
(5) No person shall engage in any activity other than
surfinq in any area specifically desiqnated by this
section or the city manaqer as a surfinq area.
(g) Notwithstandinq any provision herein to the
contrary, whenever the city manaqer determines that surfinq in a
particular area poses a threat of danger to the general public, he
may prohibit surfinq in such area for the period of time durinq
which the threat of danqer exists. Any such area shall be
conspicuously marked by "No Surfinq" signs, which siqns shall
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remain in place until the prohibition has been lifted, and it shall
be unlawful for any person to surf in any area so marked.
(h) In addition to the reqular police officers of the
city, the director of emerqency medical services and his duly
authorized desiqnees are authorized to enforce the provisions of
this section by the issuance of summonses, provided the director or
any such desiqnee is in uniform at the time a summons is issued.
(i) Any person who violates any provision of this
section shall be quilty of a Class 4 misdemeanor; provided,
however, that any person who violates subsection (f) (2) of this
section shall be guilty of a Class 3 misdemeanor.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April , 2000.
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CA-7516
ORDIN~PROPOSED~06-116.ord
March 13, 2000
R2
APPROVED AS TO CONTENT:
Emergency Medical Services
APPROVED AS TO LEGAL
SUFFICIENCY:
L~aw Department
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AN ORDINANCE TO APPROPRIATE $11,450.91 TO
CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK
DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF
PROVIDING OPEN SPACE IMPROVEMENTS
WHEREAS, the Parks and Recreation Capital Improvement
Program includes Capital Project #4-950, Neighborhood Park
Development (On-Going), for development of city-owned neighborhood
park property acquired through the subdivision ordinance and other
methods; and
WHEREAS, George Newsome Luxury Homes, the developer of
Woods of Little Neck Phase I, which is a 9.89 acre, R-40
subdivision, has agreed to make a cash payment in lieu of a park
dedication or reservation in the amount of $11,450.91 for open
space improvements in the vicinity of the Woods of Little Neck
Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That an $11,450.91 cash payment is hereby accepted
from George Newsome Luxury Homes and appropriated to Capital
Project # 4-950, Neighborhood Park Development (On-Going), for open
space improvements in the vicinity of Woods of Little Neck
subdivision.
2. That estimated revenues be increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of April , 2000.
Requires an affirmative vote by a majority of the members
of City Council.
CA7649
F:~Data~ATY~OrdinkNONCODEkwoods of little neck phase 1.ord
March 29, 2000
R-2
32 APPROVED AS TO CONTENTS
33
APPROVED AS TO LEGAL
SUFFICIENCY
~~~ O~flce '~
City Attorn~'s
P~ANTA1~ON
VICINITY
NO SCALE
MAP
NOTE~
t TI~ PROPERTY 18 ZOI~D R-40
2. IVlII~MUM FRONT YARD WIDTH AT SETBACK
FRONT YARD 8ETBA~ - 5E
81DE YARD SETBACK - 2~ (30' AT CO~EF0
nEAR YAFID ~-T'BAGK - 20'
MINIbIJM LOT AREA IN SQU~ FEET - ,40,0OO
3. AREA OF PARENT PARCEL,.q = 9.89 ACRE8
4. THEFE ARE 10 LOT8 I~1 ~ StJBI~
5. CG-6 WILL BE NOTCHED TO ALLOW DRABIAGE
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AN ORDINANCE TO APPROPRIATE $7,651.80 TO
CAPITAL PROJECT #4-950, NEIGHBORHOOD PARK
DEVELOPMENT (ON-GOING), FOR THE PURPOSE OF
PROVIDING OPEN SPACE IMPROVEMENTS
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WHEREAS, the Parks and Recreation Capital Improvement
Program includes Capital Project #4-950, Neighborhood Park
Development (On-Going), for development of city-owned neighborhood
park property acquired through the subdivision ordinance and other
methods; and
WHEREAS, Clark-Whitehill Enterprises, Inc., the developer
of Woods of Little Neck Phase II, which is a 6.914 acre, R-40
subdivision, has agreed to make a cash payment in lieu of a park
dedication or reservation in the amount of $7,651.80 for open space
improvements in the vicinity of Woods of Little Neck subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $7,651.80 cash payment is hereby accepted from
Clark-Whitehill Enterprises, Inc., and appropriated to Capital
Project # 4-950, Neighborhood Park Development (On-Going), for open
space improvements in the vicinity of Woods of Little Neck
subdivision.
2. That estimated revenues be increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the~ day of April , 2000.
Requires an affirmative vote by a majority of the members
of City Council.
CA7650
F:~Data~ATY~Ordin~NONCODE~woods of little neck phase II.ord
March 29, 2000
R-2
APPROVED AS TO CONTENT
Management Se~rvices~~
APPROVED AS TO LEGAL
SUFFICIENCY
Department of~Law