DECEMBER 12, 2000 MINUTESCITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
LINWOOD O. BRANCH, I11, Beach - District 6
MARGARET L. EURE, Centerville - District 1
WILLIAM W. HARRISON, JR., Lynnhaven - District 5
BARBARA M. HENLEY, Princess Anne - District 7
LOUIS R. JONES, Bayside - District 4
REBA S. McCLANAN, Rose Hall - District 3
ROBERT C. MANDIGO, JR., Kempsville - District 2
NANCY K. PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES-SMITH, MMC, City Clerk
of Vir inia l each
"COMMUNITY FOR A LII=I~IIME''
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 427-4304
FAX: (757) 426-5669
EMA IL: Ctycncl @ city. virginia -beach~ va. us
December 12, 2000
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
10:30 AM
CAFR RESULTS FOR JUNE 30, 2000 [15 min.]
Patricia A. Phillips, Director, Department of Finance
BEACH HEALTH CLINIC [30 min.]
Angela Scott, Executive Director
II. REVIEW OF THE AGENDA
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend C. Marcus Engdahl
Good Shepherd Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
December 5, 2000
Go
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.
PUBLIC HEARING
1. EXCESS CITY-OWNED PROPERTY - Bonney Road
I. ORDINANCES/RESOLUTION
Ordinance to DECLARE Parcels A and B on the northeast side of Bonney Road, (former
Days Inn Hotel Site and Unclaimed Freight Facility), EXCESS PROPERTY as shown on
that certain plat entitled, "Partition Plat of Property of COBO Corporation, Kempsville
Borough, Virginia Beach, VA; and, to AUTHORIZE the City Manager to convey same to
BRANWICK ASSOCIATES, INC. , for $1,200,000. (ROSE HALL - DISTRICT 3
formerly KEMPSVILLE BOROUGH).
Ordinance to APPROPRIATE $750,000 from capital project, Library Renovations and
Replacements, re an interest-free loan to the Beach Health Clinic (BHC) for the
acquisition of property for the relocation of operations to a new clinic.
Ordinance to ACCEPT and APPROPRIATE $281,000 in Section 8 revenue from the
federal government to the FY 2000-2001 operating budget of the Department of Housing and
Neighborhood Preservation re providing housing subsidies to low and moderate income
citizens; and, estimated revenue from the federal government be increased accordingly.
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the Virginia Department
of Environmental Quality to the FY 2000-01 operating budget of the Department of
Museums and Cultural Arts re maintaining a statewide stranding network and database;
and, estimated revenue from the state government be increased accordingly.
Ordinance to establish a new capital project, "Redistricting-2000 Census"; and, TRANSFER
$200,000 from completed capital projects re engaging the services of an election specialist
to assist in redrawing the boundary lines of the City's seven residence districts.
Ordinance to TRANSFER $75,000 from the General Fund Reserve for Contingencies to the
FY 2000-01 operating budget of the Department of Housing and Neighborhood Preservation
re emergency safety inspections of open parking structures.
Resolution re issuance by the Norfolk Airport Authority of its Industrial Development
Revenue Bonds, in an amount not to exceed $2,500,000, for Virginia Beach Friends
School re acquisition, construction and equipping of class rooms, expanded library, a
gymnasium with stage, athletic fields and administrative offices.
PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of EDWIN S. EPSTEIN, MD, for an expansion of a nonconforming use to
allow enlargement and improvements to a single-family residence at 60~ Street and Ocean
Front Avenue (106 60th Street - Unit 106B) in the R-5R Residential Resort District,
containing 8,750 square feet (LYNNHAVEN - DISTRICT 5).
Deferred:
Recommendation:
November 14, 2000
APPROVAL
Application of TRUCK CENTER OF TIDEWATER, INC., for a Conditional Use Permit
re a bulk storage yard on the east side of South Military Highway, north of Alexandria
Avenue (728 S. Military Highway), containing 20,037.6 square feet (CENTERVILLE -
DISTRICT 1)
Deferred:
Recommendation:
December 5, 2000
APPROVAL
Application of SUBURBAN CHRISTIAN CHURCH for a Conditional Use Permit for a
church on thc northwest and southwest comers of Bellamy Manor Drive and Mcighan Drive
(5132 Bellamy Manor Drive), containing 3.328 acres (KEMPSVILLE - DISTRICT 2)
Recommendation:
APPROVAL
Application of WYCLIFFE PRESBYTERIAN CHURCH for a Conditional Use Permit
for a church addition at the southwest corner of North Great Neck Road and Millwood Road
(1445 North Great Neck Road), containing 8.31 acres (LYNNHAVEN - DISTRICT 5).
Recommendation:
APPROVAL
o
Application of ASSOCIATION FOR THE PRESERVATION OF VIRGINIA
ANTIQUITIES for a Conditional Use Permit for a private museum on the south side of
Wishart Road, west of Bailewick Drive (4405 Wishard Road), containing 4.9 acres
(BAYSIDE - DISTRICT 4).
Recommendation:
APPROVAL
o
Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C at the northeast
intersection of Sykes Avenue and Southern Boulevard (100 Sykes Avenue), containing 23.52
acres (BEACH - DISTRICT 6):
Change of Zoning District Classification from I-1 Light Industrial District to
Conditional I-2 Heavy_ Industrial District
b. Conditional Use Permit for the storage or processing of salvage, scrap or junk autos
Deferred:
Recommendation:
November 28, 2000
APPROVAL
Application of REGENT UNIVERSITY for a Change of Zoning District Classification
from R-SD Residential Duplex District to 0-2 Office District on the west side of Centerville
Turnpike, south of Indian River Road, containing 9.432 acres (CENTERVILLE - DISTRICT
1).
Recommendation:
APPROVAL
Application of the CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan re
Chesapeake Bay Preservation Act and Floodplains.
Recommendation:
APPROVAL
APPOINTMENTS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
VIRGINIA BEACH FOUNDATION - Distribution Committee
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - November 2000
N. ADJOURNMENT
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)
12/07/00BAP
AGENDA\ 12-12-00.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 12, 2000
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re CAFR RESUL TS as
of JUNE 30, 2000 in the Council Conference Room, City Hall Building, on Tuesday, December 12, 2000,
at 10:30 A.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley,
Louis R. Jones, Reba $. McClanan, Robert C. Mandigo, Jr., Mayor
Meyera E. Oberndorf Nancy K. Parker and Rosemary Wilson
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
[ENTERED: 10:55 A.M.]
William W. Harrison, Jr.
[ENTERED: 12:23 A.M.]
Mayor Oberndorf advised the Commissioner of the Revenue will deliver Christmas Lunch at 12:30 P.M.
-2-
CITY MANAGER'S BRIEFING
CAFR RESULTS FOR JUNE 30, 2000
10:30 A.M.
ITEM # 4 7506
Patricia A. Phillips, Director - Department of Finance, advised once again Pete Marwick - Auditor has
completed the audit for the City and rendered an unqualified, clean opinion. The Comprehensive Annual
Financial Report (CAFR) represents over 100, 000 City transactions. Mrs. Phillips expressed appreciation
to Robert Hayes - Comptroller, Don Barrett, Richard Lester, Nancy Leavitt, Patti Porter, Linda Harris,
Trudy Rogers, Arlene Nay, Morris Freelon, Paul Harris and Joanne Griggs - Internal Audit. Mrs. Phillips
introduced Elizabeth Foster - Partner, and Christine Toronto - Manager with Peat Marwick, who have
provided a tremendous amount of leadership in preparing this document.
GENERAL FUND
COMPARISON OF BUDGET TO ACTUAL
FY 1999-2000
MILLIONS
Revenues & Transfers Expenditures & Transfers
Budgeted $ 600.1 $ 630. 7
Actual $ 605.4 $ 604.6
Difference $ 5.3 $ 26.1
Percentage Difference O. 8% 4.0%
General Governmental Revenues by Source Increased 7.9% Over FY 1999
SOURCE FY 2000 AMOUNT % CHANGE FROM
(In Millions)
Local Sources $ 577.8 7.9
From Commonwealth 338.6 8.1
From Federal Government 65.5 6.9
TOTAL REVENUES ~ 981.9 7. 9
General Governmental Revenues
Local Sources Increased 7.9%
SOURCE FY 2000 AMOUNT INCREASE/(DECREASE) % CHANGE FROM
(In Millions) AMOUNT (In Millions)
General Property Tax $ 354.5 $ 28.6 8.8
General Sales 38.2 1.2 3.3
Business License Taxes 27.1 1.7 6.8
Utility Taxes 32.1 1.5 4.9
Meal Taxes 24.4 1.3 5.5
Hotel Taxes 11.3 0.7 6.6
Amusement Taxes 3. 7 0.2 4.9
Charges for Services 33.5 5. 7 20. 6
All Other Taxes 53.0 1.7 3.4
TOTAL LOCAL ~ 577.8 ~ 42.6 7.9
December 12, 2000
-S-
CITY MANAGER'S BRIEFING
CAFR RESUL TS FOR JUNE $0, 2000
ITEM # 47506 (Continued)
Marine Science Museum is now being included in Charges for Services ($5-MILLION) ; therefore, the
7. 9 % Total Local Source Change from FY 1999, is not to be expected every year. In 1999, this increase was
less than3%. This is a goodyear, but not expected to continue.
General Fund
Undesignated Fund Balance
June 30, 2000
(In Millions)
Total Fund Balance June 30, 2000 $ 95.1
Less: Reservations and Designations 40.3
Undesignated Fund Balance $ 54.8
Less: Amount Appropriated - Gainsharing 1.0
Less: Fund Balance Policy - 75. 0% 53.6
Amount above Policy ~ 0.2
The Fund Balance for FY 2000 was 9.1% of the revenues. This is slightly less than previously experienced,
but that was a conscious decision on City Council's part.
Relative Schools, the estimated revenues anticipated were on the plus side. Their expenditures were less
than budget. Therefore, schools balanced and managed their funds successfully, which enabled them to have
the Reversion of approximately $9.7-MILLION and the true Operations for a total of approximately $13-
MILLION.
The Tourism Growth Investment Special Revenue Fund (TGIF) had Revenues of $11.3-MILLION with
Expenditures and Transfers of $13.9-MILLlON resulting in a Fund Balance as of June 30 of $1.5-MILLION,
some of which has already been utilized in the current fiscal year. The fund balance is estimated to be
approximately $700,000. Therefore, there is not any excess revenue at this time.
The Governmental Accounting Standards Board (GASB) publishes Generally Accepted Accounting
Principals for State and Local Governments. Mrs. Phillips advised their issuance of Statement No. $4, will
influence the CAFR of 2002.
Establishes a new framework or "reporting model"for state and local
government.
Biggest change in the history of public-sector accounting.
Government-wide financial reporting
Requirement to either depreciate assets or prepare assessment of
infrastructure
An implementation plan has been prepared
Will be focus of efforts over next 18 months
Peat Marwick has been engaged to provide an implementation plan for the adherence to Statement No. 34.
There are 70 components to the Plan, which will commence full force after Christmas. This will be a major
endeavor.
Mrs. Phillips advised the majority of Hampton Roads cities' revenue has not decreased. Suffolk had a
change in their method of assessment and taxes. Generally speaking the cities have increased their revenue
in the Hampton Roads area. Many new projects have influenced the increase in the General Property Tax.
December 12, 2000
OFFICE OF THE CITY MANAGER
t757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
City of Virginia Bcach
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9001
December 8, 2000
The Honorable Mayor
Members of City Council
Dear Council Members:
Attached is a copy of the Comprehensive Annual Financial Report (CAFR) for the year
ended June 30, 2000. Mrs. Patricia Phillips will make a brief presentation to Council regarding
the CAFR on December 12; copies of the overheads for that presentation are also attached.
Very truly yours,
~K. Spore
M,,City Manager
JKS/PAP/paw
enc
F \l~'sers,PEWilliaX~PHILLIPS" Jkscati-20011
MEMORANDUM
Date:
December 8, 2000
To: James K. Spore, City Manager
From: Patricia A. Phillips, Director of Finance
Subj:
Presentation to City Council - 2000 Comprehensive Annual Financial Report
(C~dm)
Recently, the firm of KPMG Peat Marwick completed the audit of the City's financial
records for the year ended June 30, 2000. Once again, the auditors have given the City an
unqualified opinion (clean opinion) on its financial presentation and record keeping. In general,
the comments received from the auditor were favorable.
A brief presentation to City Council can be made on December 12, 2000 to present the
highlights from the Financial Report. Enclosed is a copy of the overheads that will be used in
summarizing the revenues, expenditures, and balance sheets for the various funds in a simple
format. Copies of the 2000 CAFR will be included in each City Council member's package for
this meeting.
As a result of the audit, the Undesignated General Fund Balance is $54.8 million at June
30, 2000, or $1.2 million in excess of Council policy at the 75% level, after reflecting reservations
for School and City capital projects appropriated for Fiscal Year 2000-2001, as well as other
required reservations. A portion ($973,000) of the Fund Balance has been appropriated for
gainsharing, leaving approximately $200,000 above the minimum policy level.
The Undesignated General Fund Balance represents 9.1% of revenues, a lower amount
than the City has maintained in many years. It reflects Council's decision to use part of the
General Fund Balance to fund needed capital projects; it also recognizes that the need to maintain
a higher balance is no longer necessary due to the successful completion of Lake Gaston.
General Fund revenues (and transfers in) were $605.4 million, or just .8% over estimated
revenues. Total general government revenues increased 7.9% over 1999. General property taxes
increased 8.8% and other local taxes increased 4.2%. Other revenues either decreased or were
stable. Actual expenditures (and transfers out) were $604.6 million, or 4.0% less than budgeted
appropriations.
The School Operating Special Revenue Fund had excess revenues .over expenditures of
$9.7 million. There was also an additional $3.9 million identified as additional revenues for the
School Division based on actual General Fund revenues. Both of these amounts, totaling $13.6
million, have been appropriated by City Council for School Capital Projects, Instructional
Technology and other School needs in accordance with Council's School Revenue Sharing Policy.
(Both of these amounts are reservations of the City's General Fund Balance.)
The presentation will focus on the General Fund, as well as some trend information. It is
not intended to be comprehensive, but rather provide an overview that will enable Council to refer
to the CAFR when needed.
It should be noted that the Governmental Accounting Standards Board (GASB) has issued
a pronouncement, GASB 34, titled "Basic Financial Statements and Management Discussion and
Analysis for State and Local Governments". As expected, some of the changes in this new
accounting statement are far reaching. In addition to the statements currently produced, local
governments will be required to change their method of accounting to full accrual beginning in
fiscal year 2001-2002. These full accrual statements will show in one place all of the City's
operations. Depreciation, infrastructure and the maintenance on this infrastructure will be
reflected in these financials and will be a major departure from current practice. An
implementation plan with 70 different issues to resolve will be the focus of the accounting staff
over the next 18 months. In addition, assistance from operating departments including Public
Works, Public Utilities, General Services and others will be needed in order to meet GASB 34
requirements.
I will, as always, be available to answer questions at any time.
PAP/paw
C~
Joanne Griggs
Robert Hayes
Don Barnett
F :~,Us ers',aVEWillia~HILL I pS \JKS C AFRLTR.wpd
Comprehensive Annual
Financial Report
Comprehensive Annual
Financial Report
· Introduction
· Financial
· Statistical
· Single Audit
General Fund
Comparison of Budget to Actual
Budgeted
Actual
Difference
Percentage Difference
FY 1999-2000
(millions)
Revenues Expenditures
& Transfers & Transfers
$600.1 $630.7
$605.4 $604.6
$5.3 $26.1
0.8% 4.0%
General Governmental Revenues by Source
Increased 7.9% Over FY 1999
SOURCE
Local Sources
From Commonwealth
From Federal Government
Total Revenues
FY 2000 % CHANGE
AMOUNT FROM
(In Millions) FY 1999
577.8 7.9
338.6 8.1
65.5 6.9
$ 981.9
7.9
2
General Governmental Revenues
Local Sources Increased 7.9%
SOURCE
General Property Tax
General Sales
Business License Taxes
Utility Taxes
Meal Taxes
Hotel Taxes
Amusement Taxes
Charges for Services
All Other Taxes
INCREASE/
FY 2000 (DECREASE) ·% CHANGE
AMOUNT AMOUNT FROM
(In Millions) (In Millions) FY 1999
354.5 $ 28.6 8.8
38.2 1.2 3.3
27.1 1.7 6.8
32.1 1.5 4.9
24.4 1.3 5.5
11.3 0.7 6.6
3.7 0.2 4.9
33.5 5.7 20.6
53.0 1.7 3.4
Total Local
$ 577.8 $ 42.6 7.9
General Fund
Undesignated Fund Balance
June 30, 2000
(in millions)
Total Fund Balance June 30, 2000
Less: Reservations and Designations
Undesignated Fund Balance
Less: Amount Appropriated - Gainsharing
Less: Fund Balance Policy - 75.0%
Amount above Policy
$ 95.1
40.3
$ 54.8
1.0
53.6
$ 0.2
VIRGINIA BEACH, VIRGINIA
FUND BALANCE AS A % OF REVENUE
20.0%
15.0%
10.0%-
5.0%-
0.0% -.
90 96 97 98 99 O0
City of Virginia Beach, Virginia
School Operating Fund
Statement of Revenues and Expenditures
For the Fiscal Year Ended June 30, 2000
(in millions)
REVENUES:
CITY
LOCAL
FROM COMMONWEALTH
FROM FEDERAL GOVERNMENT
TOTAL REVENUES
EXPENDITURES:
INSTRUCTION
ADMINISTRATION,
ATTENDANCE & HEALTH
PUPIL TRANSPORTATION
OPERATIONS & MAINTENANCE
TRANSFERS OUT
TOTAL EXPENDITURES
BUDGET ACTUAL VARIANCE
$ 200.9 $ 191.2 $ (~7)*
1.8 2.3 0.5
242.0 240.5 (1.~
11.7 13.7 2.0
$ 456.4 $ 447.7 $ (8.7)
$ 366.7 $ 358.4 $ 8.3
19.1 15.4 3.7
22.5 19.7 2.8
~.7 49.8 4.9
4.9 3.9 1.0
$ ~7.9 $ ~7.2 $ 19.7
4
Tourism Growth Investment Special Revenue
For the Year Ended June 30, 2000
(in millions)
REVENUF3: TAX RATE 2000 ~ 1999
HOTEL ROOM TAX 2% $ 3.4 $ 3.1
RESTAURANT MEAL TAX 1/2% 2.7 2.6
AM USF~M ENT TAX 10%/5% 3.7 3.5
PARKING TICKETS 0.7 0.6
OTHER 0.8 0.8
TOTAL REVENUES 11.3 10.6
EXPENDITURES & TRANSFERS (13.9) (10.2)
EXCESS OF REVENUES OVER (UNDER)
EXPENDITURES AND TRANSFERS (2.6) 0.4
FUND BALANCE - JULY 1 4.1 3.7
FUND BALANCE - JUNE 30 $ 1.5 $ 4.1
GENERAL PROPERTY TAX REVENUE
8.8% Actual Increase Over FY 1999
380
360
340
320
300
280
260
240
96 97 98 99 00
I --~- Actual ..... ConstantI
GENERAL SALES TAX REVENUE
3.3% Actual Increase Over FY 1999
41
39
37
35
33
31
29
96 97 98 99 00
1-~- Actual -.~ Constant [
15
12
9
6
3
0
VIRGINIA BEACH, VIRGINIA
HOTEL ROOM TAX REVENUE
6.5 % increase for 2000
96 97 98
l[]Tax Revenue ..... Gross Sales ]
265
230
195
160
125
90
6
~ 28
.~_
= 24
~ 2O
~ 16
~z ~2
> 8
4
< 0
VIRGINIA BEACH, VIRGINIA
RESTAURANT MEAL TAX REVENUE
5.5% increase for 2000
99 00
Tax Revenue ~,... Gross Sales ]
590 ~'
540 :~
490 ~
440 ~
390 -~
340 m
290 ~
240 ~
GASB Statement No. 34
I I I
4, Establishes a new framework or "reporting model"
for state and local government.
4, Biggest change in the history of public-sector
,, accounting.
4, Government-wide financial reporting.
· * 4' Requirement to either depreciate assets or prepare
~'~ assessment of infrastructure.
4' An implementation plan has been prepared.
~, 4' Will be focus of efforts over next 18 months.
7
-4-
CITY MANAGER'S BRIEFING
CAFR RESULTS FOR JUNE $0, 2000
ITEM # 47506 (Continued)
Portions of this CAFR will appear on the City's website: www. virginia-beach, va. us. The effective buying
income reflects the cost of living in the region. Per capita income is a calculated number and is the total
earnings and payments in the whole region divided by the population.
Concern was expressed relative assessment of property owned by non-profits. Mrs. Phillips will provide
information. ,4 comment by Senator Shrock was referenced concerning the number of military personnel and
dependents on food stamps. There is a disconnect between per capita income and buyingpower. Information
shall be provided.
Relative the Cash Management Policy, concern was expressed relative the statement: "remaining
investments are held in the City's name by a third party safe keeping agent". Mrs. Phillips advised many
times Investment Paper is not held at the City Hall. Bank or Trustee will hold the document for the City. This
is normal practice. Elizabeth Foster advised the management letter, in conjunction with the audit, has not
been issued in its final form and is related to the upcoming implementation of the GASB Statement No. 34.
The City Manager advised City Council will receive presentations relative the Storm Water Management
Program and Sanitary Sewer Rate Increase.
Mayor Oberndorf expressed appreciation to Patricia Phillips and her staff for the impressive report and its
context related to the entire Hampton Roads Region.
December 12, 2000
City of Virginia Bcach
OFF~CE OF THE CiTY MANAGER
1757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
December 8, 2000
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9001
The Honorable Mayor
Members of City Council
Dear Council Members:
Attached is a copy of the Comprehensive Annual Financial Report (CAFR) for the year
ended June 30, 2000. Mrs. Patricia Phillips will make a brief presentation to Council regarding
the CAFR on December 12; copies of the overheads for that presentation are also attached.
Very truly yours,
~K. Spore
K,/City Manager
JKS/PAP/paw
eric
F:\Users'~PEWilIia\~PHILL[PSx Jkscafr2000
MEMORANDUM
Date:
December 8, 2000
To:
From:
James K. Spore, City Manager
Patricia A. Phillips, Director of Finance
Subj:
Presentation to City Council - 2000 Comprehensive Annual Financial Report
Recently, the firm of KPMG Peat Marwick completed the audit of the City's financial
records for the year ended June 30, 2000. Once again, the auditors have given the City an
unqualified opinion (clean opinion) on its financial presentation and record keeping. In general,
the comments received from the auditor were favorable.
A brief presentation to City Council can be made on December 12, 2000 to present the
highlights from the Financial Report. Enclosed is a copy of the overheads that will be used in
summarizing the revenues, expenditures, and balance sheets for the various funds in a simple
format. Copies of the 2000 CAFR will be included in each City Council member's package for
this meeting.
As a result of the audit, the Undesignated General Fund Balance is $54.8 million at June
30, 2000, or $1.2 million in excess of Council policy at the 75% level, after reflecting reservations
for School and City capital projects appropriated for Fiscal Year 2000-2001, as well as other
required reservations. A portion ($973,000) of the Fund Balance has been appropriated for
gainsharing, leaving approximately $200,000 above the minimum policy level.
The Undesignated General Fund Balance represents 9.1% of revenues, a lower amount
than the City has maintained in many years. It reflects Council's decision to use part of the
General Fund Balance to fund needed capital projects; it also recognizes that the need to maintain
a higher balance is no longer necessary due to the successful completion of Lake Gaston.
General Fund revenues (and transfers in) were $605.4 million, or just .8% over estimated
revenues. Total general government revenues increased 7.9% over 1999. General property taxes
increased 8.8% and other local taxes increased 4.2%. Other revenues either decreased or were
stable. Actual expenditures (and transfers out) were $604.6 million, or 4.0% less than budgeted
appropriations.
The School Operating Special Revenue Fund had excess revenues ,over expenditures of
$9.7 million. There was also an additional $3.9 million identified as additional revenues for the
School Division based on actual General Fund revenues. Both of these amounts, totaling $13.6
million, have been appropriated by City Council for School Capital Projects, Instructional
Technology and other School needs in accordance with Council's School Revenue Sharing Policy.
(Both of these amounts are reservations of the City's General Fund Balance.)
The presentation will focus on the General Fund, as well as some trend information. It is
not intended to be comprehensive, but rather provide an overview that will enable Council to refer
to the CAFR when needed.
It should be noted that the Governmental Accounting Standards Board (GASB) has issued
a pronouncement, GASB 34, titled "Basic Financial Statements and Management Discussion and
Analysis for State and Local Governments". As expected, some of the changes in this new
accounting statement are far reaching. In addition to the statements currently produced, local
governments will be required to change their method of accounting to full accrual beginning in
fiscal year 2001-2002. These full accrual statements will show in one place all of the City's
operations. Depreciation, infrastructure and the maintenance on this infrastructure will be
reflected in these financials and will be a major departure from current practice. An
implementation plan with 70 different issues to resolve will be the focus of the accounting staff
over the next 18 months. In addition, assistance from operating departments including Public
Works, Public Utilities, General Services and others will be needed in order to meet GASB 34
requirements.
I will, as always, be available to answer questions at any time.
PAP/paw
C~
Joanne Griggs
Robert Hayes
Don Barnett
F 5Users'~EWillia',~'H ILL IPSXJKS CAFRi. TR.wpd
Comprehensive Annual
Financial Report
Comprehensive Annual
Financial Report
· Introduction
· Financial
· Statistical
· Single Audit
General Fund
Comparison of Budget to Actual
Budgeted
Actual
Difference
Percentage Difference
FY 1999-2000
(millions)
Revenues Expenditures
& Transfers & Transfers
$600.1 $630.7
$605.4 $604.6
$5.3 $26.1
0.8% 4.0%
General Governmental Revenues by Source
Increased 7.9% Over FY 1999
SOURCE
~ ~ Local Sources
· ~ From Commonwealth
~ From Federal Government
,.,~ Total Revenues
FY 2000 % CHANGE
AMOUNT FROM
(In Millions) FY 1999
577.8 7.9
338.6 8.1
65.5 6.9
$ 981.9
7.9
2
General Governmental Revenues
Local Sources Increased 7.9%
SOURCE
General Property Tax
General Sales
Business License Taxes
Utility Taxes
Meal Taxes
Hotel Taxes
Amusement Taxes
Charges for Services
All Other Taxes
INCREASE/
FY 2000 {DECREASE) '% CHANGE
AMOUNT AMOUNT FROM
(In Millions) (In Millions) FY 1999
354.5 $ 28.6 8.8
38.2 1.2 3.3
27.1 1.7 6.8
32.1 1.5 4.9
24.4 1.3 5.5
11.3 0.7 6.6
3.7 0.2 4.9
33.5 5.7 20.6
53.0 1.7 3.4
Total Local
$ 577.8 $ 42.6
7.9
General Fund
Undesignated Fund Balance
June 30, 2000
(in millions)
Total Fund Balance June 30, 2000
Less: Reservations and Designations
Undesignated Fund Balance
Less: Amount Appropriated - Gainsharing
Less: Fund Balance Policy - 75.0%
Amount above Policy
$ 95.1
40.3
$ 54.8
1.0
53.6
$ 0.2
VIRGINIA BEACH, VIRGINIA
FUND BALANCE AS A % OF REVENUE
20.0%
15.0%
10.0%
5.0%
0.0%
90
96 97 98 99 O0 '
City of Virginia Beach, Virginia
School Operating Fund
Statement of Revenues and Expenditures
For the Fiscal Year Ended June 30, 2000
(in millions)
REVENUES:
CITY
LOCAL
FROM COMMONWEALTH
FROM FEDERAL GOVERNMENT
TOTAL REVENUES
EXPENDITURES:
INSTRUCTION
ADMINISTRATION,
ATTENDANCE & HEALTH
PUPIL TRANSPORTATION
OPERATIONS & MAINTENANCE
TRANSFERS OUT
TOTAL EXPENDITURES
BUDGET ACTUAL VARIANCE
$ 200.9 $ 191.2 S (9.7) *
1.8 2.3 0.5
242.0 240.5 (1.5)
11.7 13.7 2.0
$ 456.4 $ 447.7 $ (8.7)
$ 366.7 $ 358.4 $ 8.3
19.1 15.4 3.7
22.5 19.7 2.8
~4.7 49.8 4.9
4.9 3.9 i.0
$ 467.9 $ 447.2 $ 19.7
4
REVENUES: TAX RATE 2000 1999
HOTEL ROOM TAX 2% $ 3.4 $ 3.1
RESTAURANT MEAL TAX 1/2% 2.7 2.6
AMUSEMENT TAX 10%/5% 3.7 3.5
PARKING TICKETS 0.7 0.6
OTHER 0.8 0.8
TOTAL REVENUES 11.3 10.6
EXPENDITURES & TRANSFERS (13.9) (10.2)
EXCESS OF REVENUES OVER (UNDER)
EXPENDITURES AND TRANSFERS (2.6) 0.4
FUND BALANCE - JULY 1 4.1 3.7
FUND BALANCE - JUNE 30 $ 1.5 $ 4.1
Tourism Growth Investment Special Revenue Fund
For the Year Ended June 30, 2000
(in millions)
38O
360
340
320
300
280
260
240
GENERAL PROPERTY TAX REVENUE
8.8% Actual Increase Over FY 1999
96 97 98 99 00
[.-~- Actual ConstantI
5
GENERAL SALES TAX REVENUE
3.3% Actual Increase Over FY 1999
41
39
37
35
33
31
29
96 97 98 99 00
[ -~- Actual --- ConstantI
15
12
9
6
3
0
VIRGINIA BEACH, VIRGINIA
HOTEL ROOM TAX REVENUE
6.5 % increase for 2000
96 97 98
I[]Tax Revenue ..... Gross Sales
265
23O
195
160
125
90
VIRGINIA BEACH, VIRGINIA
RESTAURANT MEAL TAX REVENUE
g- 28
= 24
,.~ 20
ca 16
~z ~2
> 8
< 0
5.5% increase for 2000
590 ~
-540 ~
.490 ~
- 440 ~
390 ~
340 m
- 290 m
.240 ~
99 ( ~
[[]Tax Revenue ... Gross Sales
GASB Statement No. 34
Establishes a new framework or "reporting model"
for state and local government.
Biggest change in the history of public-sector
accounting.
Government-wide financial reporting.
Requirement to either depreciate assets or prepare
assessment of infrastructure.
An implementation plan has been prepared.
Will be focus of efforts over next 18 months.
7
CITY MANAGER'S BRIEFING
BEACH HEAL TH CLINIC
ll:OO A.M.
ITEM # 47507
Angela Scott, Executive Director- Beach Health Clinic, a position she has held for three (3) years, requested
assistance. The Beach Health Clinic is a Volunteer driven community based clinic that provides free medical
services to the uninsured, impoverished residents of Virginia Beach. Currently, the Clinic is located at 302
22'a Street, which is right at the Oceanfront on the corner of Pacific Avenue and 22nd Street in a building
owned by the City and leased for $1.OO per year. Growth is anticipated over the next several years. In the
last three years, the Clinic has doubled the number of patient visits from fewer than 6, 000 to a projection
of over 12, 000. Anticipating this growth, the Clinic has been looking for a new facility which will allow them
to absorb this growth and be prepared for expansions in the future. In the news recently, many private
insurers are having to pass on the cost of insurance in double digit figures. It is expected small companies
will have to wrestle with the issue of whether they can continue to insure their employees. The Clinic was
not successful in finding a donated facility. Every provider in the Clinic volunteers their time. There is only
a very small staff. Because of that model, on a budget of $213,000 - $245,000, the Clinic actually provides
back to the community, nearly $2-MILLION in free services.
Mrs. Scott requested the City of Virginia Beach consider providing a loan for a term of five (5) years. A
Capital Campaign will be launched to raise the funds to repay that loan. The United Way has endorsed and
included the Beach Health Clinic in their Capital Campaign which will be launched in the next twelve (12)
months. The United Way has guaranteed the Clinic 4096 of the total capital cost. The City is already
evaluating and prepared to make a final decision on capital campaign consultants to assist in the raising
offunds. $150,000 has been set aside for the down payment. The new facility currently has two tenants with
four and six year leases. This will provide a guaranteed income stream for the clinic.
Cost and Site
Property selected at 3400 Holland Road near intersection of Lynnhaven
Parkway
Site is within 5 miles of 25% of current patients serviced
Location is within 5 miles of Bayside Hospital and Leigh Memorial
Hospitals
Current use of facility is medical/dental
Adjacent to self-storage facility for medical records and equipment
Building has 60 parking places and multiple entrances for flexible floor
plan
3,200 square feet requires build out and minimal renovations
2 tenants will generate $50, O00per year in rental income
Rental income will be used to pay temporary interest free loan and later to
cover replacement and repair
Ability to expand after 4 years if necessary by option not to renew one or
both of tenants leases.
Ability to expand anytime by covering with an atrium a walkway between
the main building and the out parcel occupied by one tenant
Purchase price $900,000, including cost of build-out.
Council Lady Henley advised the Clinic's present building is considered an historical structure and those
involved with Historical Preservation effort should comment relative the proper utilization.
December 12, 2000
CITY
-6-
MANAGER'S BRIEFING
BEACH HEAL TH CLINIC
ITEM # 47507 (Continued)
Mrs. Scott advised there are 53,000 uninsured citizens living in Virginia Beach. The location selected is
within 5 miles of 25% of the patients already served. It is located right across the street from Green Run
convenient to many of the neighborhoods and on central transportation. A bus line runs right in front of the
building. The Beach Clinic had concerns relative relocating from the Oceanfront and their relationship with
the Judeo-Christian Outreach Center and the VOA Lighthouse Program. A small number of the patients
are being served by those two facilities and are characterized as homeless. Transportation would be an
issue. A grant has been developed to cover the cost of insurance for a Van to be utilized for transportation
from both of those sites to the new clinic and back. A similar situation exists' with the Salvation Army.
Wednesday evenings, Eastern Virginia Medical Services (Medical College of Hampton Roads) personnel
staff the Clinic.
The Clinic will select the Capital Campaign consultants December 22, 2000, with the hope of closing on the
proposed facility the first week of January 2002, and after some renovation, for a move-in by March or
April. Further adjustments in the public health system are anticipated.
December 12, 2000
-7-
AGENDA RE VIE W SESSION
11:22 A.M.
ITEM # 4 7508
Ordinance to DECLARE Parcels A and B on the northeast side
of Bonney Road, (former Days Inn Hotel Site and Unclaimed
Freight Facility), EXCESS PROPERTY as shown on that
certain plat entitled, "Partition Plat of Property of COBO
Corporation, Kempsville Borough, Virginia Beach, VA; and, to
AUTHORIZE the City Manager to convey same to BRANWICK
ASSOCIATES, INC. , for $1,200,000. (ROSE HALL -
DISTRICT 3 formerly KEMPSVILLE BOROUGH).
Council Lady Eure wished to vote a NA Yon this item. This item will be discussed during the Formal Session.
ITEM # 4 7509
1.2.
Ordinance to APPROPRIATE $ 750,000 from capital project,
Library Renovations and Replacements, re an interest-free loan
to the Beach Health Clinic (BHC) for the acquisition of property
for the relocation of operations to a new clinic.
Assistant City Attorney Randall Blow advised he confirmed any United Way Capital allocations will be paid
to the City immediately. Mr. Blow wishes to revise the last sentence in the Ordinance to state:
That the loan shall be repaid in five (5) annual installments of $75,000
each, due on the 31st day of December each year, with the first installment
due on or before December 31, 2001, and the last installment due on or
before December 31, 2005,,,,~,,,~-' - ~',;~ ,,,~ .... ~' ....... w *' ....... alongwtth
any outstanding loan balance.
ITEM # 4 7510
Ordinance to establish a new capital project, "Redistricting-2000
Census"; and, TRANSFER $200,000 from completed capital
projects re engaging the services of an election specialist to
assist in redrawing the boundary lines of the City's seven
residence districts.
Councilman Branch will vote a VERBAL NAY on this item.
ITEM # 4 7511
Ordinance to TRANSFER $75,000 from the General Fund
Reserve for Contingencies to the FY 2000-01 operating budget
of the Department ofHousing and Neighborhood Preservation re
emergency safety inspections of open parking structures.
Council Lady McClanan inquired if the City Attorney's office was totally involved in all aspects of this
process. The City Attorney advised they have been involved in all aspects. The process being followed was
the process discussed and recommended by the City Attorney. When a problem with the garage is identified,
the City requests the owner employ a structural engineer to devise a proposed solution. The actual ",fix"
must be the owner's responsibility. CounciI Lady Eure inquired if there was a cost to the property owner for
this type of inspection. Andrew Friedman, Director- Housing and Neighborhood Preservation, advised there
is no cost for the City inspection. The review by the consultant is being paid by the requested transfer of
funds. There will be cost imposed on the owners of the aforementioned structures, who have been required
to make modifications. The area identified as unsafe may not be used until and unless plans have been
submitted, approved and executed to eliminate the unsafe conditions. Physical barriers, installed by the
owners, prevent the usage of areas declared "unsafe".
On October 19, 2000, Chief Operating Officer, C. Oral Lambert, submitted a notice to all owners of parking
structures, stating the City advises and urges to have a professional examine the structural integrity to
ensure the safety of the structure. Council Lady Parker assumed the Hotel/Motel Association understands
the economic impact, if the owners do not ensure the safety of the structure. Mr. Friedman advised there will
be no threat to the public safety from this point forward unless someone violates the order not to utilize the
unsafe areas.
December 12, 2000
City of Virginia Flcaeh
OF'F~CE OF THE CITY MANAGER
(804) 427-4242
FAX (804) 427-4135
TOO (804) 427-4305
MUNICIPAL CENTER
VIRGINIA BEACH VIRG!NfA 23456-9001
December 11, 2000
The Honorable Mayor and
Members of City Council
Municipal Center, Building 1
Virginia Beach, VA 23456
Dear Council members:
As you know, in October of this year, in response to the tragic accident at the Sandcastle Hotel, we
initiated emergency inspections of open parking structures, and engaged an outside expert to assist us
with them. An interim report of our findings, and actions we have taken, is attached for your
information. In summary, the Department of Housing and Neighborhood Preservation has ordered the
closure of parking facilities at six (6) locations. The owners of these structures have been notified to
submit plans for corrective action to the Planning Department. The structures will remain closed until
corrective actions have been completed and they' have been approved for use.
The other twenty-two (22) open parking structures built prior to 1997 were found to have no open and
obvious unsafe conditions that would require closure to protect public safety. However, this should not
be seen as guarantee of their safety. The non-invasive nature of the inspections may not have identified
structural concerns which are not open and obvious. Since it is the responsibility of the owners of these
parking structures to insure that their facilities are safe, they are being advised to have their own
professional examine the structural integrity of their structures to insure public safety.
The final detailed inspection reports have not been received from Desman Associates. The reports are
expected by the end of this month. Based on those reports, staff will submit a more complete report on
the conditions found, and include an update on corrective actions.
Please let me know if you need any additional information.
With Pride in Our City
~Spore
x,x,~ity Manager
Interim Report on Open Parking Structure Inspections
December 6, 2000
Prepared by:
Housing and Neighborhood Preservation
Code Enforcement Division
Inspection Results
Open & Obvious No Open &
Name of Property Location of Property Date of unsafe conditions Obvious unsafe City Action
Inspection exist conditions exist
10/20/00 Unsafe notice issued. 5th floor
Sandcastle Oceanfront 1307 Atlantic Avenue X closed for use. Plans for
corrective action have been
submitted and approved by
Permits and Inspections
10/20/00 Unsafe notice issued. Above
Dolphin Run 303 Atlantic Avenue X grade floors closed for use. Plans
for corrective action required.
10/20/00 Unsafe notice issued. Above
Chesapeake House 3558 Shore Drive X grade floor closed for use. Plans
for corrective action required.
Ambassador Suites 2315 Atlantic Avenue 11/28/00 Unsafe notice issued. Above
X grade floor closed for use. Plans
for corrective action required.
Roadway Inn 1005 Pacific Avenue 11/09/00 Unsafe notice issued for six
parking spaces on above grade
X floor. Spaces to remain
permanently closed or plans
presented for corrective action.
Clarion Resort & 501 Atlantic Avenue 11/09/00 * Inspection results letter and
Conference Center X advisory notification issued.
Colonial Inn 2809 Atlantic Avenue 11/09/00 * Inspection results letter and
X advisory notification issued.
Ocean Keys Resort 424 Atlantic Avenue 11/09/00' * Inspection results letter and
X advisory notification issued.
Ocean Sands Resort Hotel 2209 Atlantic Avenue 11/09/00 X * Inspection results letter and
advisory notification issued.
Page 1 * A copy of the generic inspection results letter used and the advisory notification are attached.
Inspection Results
Date of Open & Obvious No Open &
Name of Property Location of Property Inspection unsafe conditions Obvious unsafe City Action
exist conditions exist
11/28/00 * Inspection results letter and
Oceanside Condominium 401 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Station One 2321 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
New Castle Motel 1201 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Surfside Inn 1211 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Breakers Resort Inn 1503 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
The Dolphin Inn 1705 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Comfort Inn 2015 Atlantic Avenue X advisory notification issued.
Page 2 * A copy of the generic inspection result~ letter used and the advisory notification are attached.
Inspection Status
Name of Property Location of Property Date of Open & Obvious No Open & City Action
Inspection unsafe conditions obvious unsafe
exist conditions exist
11/28/00 * Inspection results letter and
Oceanfront Inn 2900 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Four Sails Resort 3301 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
The Mayflower 205 34th Street X advisory notification issued.
Holiday Inn Sunspree 11/28/00 * Inspection results letter and
Resort Virginia Beach 3900 Atlantic Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
The Virginia House 3800 Atlantic Avenue X advisory notification issued.
Pacific South Condominium 11/28/00 * Inspection results letter and
500 Pacific Avenue X advisory notification issued.
11/28/00 * Inspection results letter and
Bank of America 210 Laskin Road X advisor), notification issued.
11/29/00 * Inspection results letter and
Howard Johnsons Hotel 1801 Atlantic Avenue X advisory notification issued.
Page 3 * A copy of the generic inspection results letter used and the advisory notification are attached.
Inspection Results
Name of Property Location of Property Date of Open & Obvious No Open & City Action
Inspection unsafe conditions Obvious unsafe
exist conditions exist
11/29/00 * Inspection results letter and
Econo Lodge Oceanfront 2109 Atlantic Avenue X advisory notification issued.
11/29/00 * Inspection results letter and
Ocean Condominium 4004 Atlantic Avenue X advisory notification issued.
Virginia Beach Resort & 11/29/00 * Inspection results letter and
Conference 2816 Shore Drive X advisory notification issued.
N/A Built after 1996
Ramada Inn 615 Atlantic Avenue
N/A Built after 1996
Ramada Inn 5600 Atlantic Avenue
Court Yard By Marriott 210 28th Street N/A Built after 1996
N/A Built in 1996. Tindal Corp.
9th Street Parking Garage 200 9th Street documented that the impact
load at 18 inches is 10,000
pounds.
N/A Closed- Owned by City of
Days Inn 4564 Bonney Road Virginia Beach
Page 4 * A copy of the generic inspection results letter used and the advisory notification are attached.
· ~ OUR Nk'[~(
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATIOI4
{757) 426-5750
FAX (757) 426-5766
TDD (757) 426-5794
CODE ENFORCEMENT DIVISION
(7,57) 427-4421
City of Virginia
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9083
December 6, 2000
John Doe
1234 John Doe Lane
Virginia Beach, VA 23464
Re: Address - Open Parking Structure
Dear Sir/Madam:
The inspection with the assistance of Desman Associates of the above indicated open parking
structure on DATE revealed no open and obvious unsafe conditions. Although no open
and obvious unsafe conditions were noted, please take heed of the enclosed advisory notice.
Thank you for your cooperation in this matter.
Sincerely,
Alexander Davis, Jr.
Code Enforcement Administrator
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector.
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426-575{3
FAX (757) 426-5766
TOD (757) 426-5794
CODE ENFORCEMENT DIVISION
(757) 427-4421
October 19, 2000
~ty of Virginia
Beach
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH. VA 234515-9083
To: Owners of Parking Structures Built Prior to the Requirements of the 1996 BOCA Code
RE: ADVISORY NOTIFICATION
In light of a recent tragic event, the City of Virginia Beach began emergency safety inspections of
all parking structures built prior to 1996 for open and obvious safety problems. To further protect
public safety, the City will follow up with additional inspections beginning Friday, October 20, 2000
with the assistance of Desman Associates, an engineering company hired by the City.
This notification is to advise all owners and operators of parking structures in the City that
substantial changes have occurred in the Building Code regarding retaining walls and vehicle
barriers since many ofthese structures were built. The City advises and urges all owners to
have their own professional examine the structural integrity and safety of their parking
structure to insure the safety of their visitors and guests. The responsibility to insure that
parking structures are safe and structurally sound rests with the owner of the facility.
The City's inspection of these structures will be an emergency safety inspection, and should not be
seen as a guarantee of their safety. The City's emergency safety inspection may be unable to identify
some structural or safety concerns which are not open and obvious and can only be found by
invasive methods, and/or a review of the structure plans, specifications and construction methods.
Again, the City urges all parking structure owners and operators to have their structures examined
by their own professional to insure they are safe and structurally sound.
Sincerely,
C. Oral Lambert
Chief Operating Officer
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (.~uality in the Public Sector.
-8-
AGENDA RE VIE W SESSION
ITEM # 4 7512
B Y CONSENSUS, the following shall compose the CONSENTAGENDA:
ORDINANCES/RESOL UTION
Ordinance to APPROPRIATE $ 750, 000 from capital project,
Library Renovations and Replacements, re an interest-free loan
to the Beach Health Clinic (BHC) for the acquisition of property
for the relocation of operations to a new clinic.
Ordinance to ACCEPT and APPROPRIATE $281,000 in
Section 8 revenue from the federal government to the FY 2000-
2001 operating budget of the Department of Housing and
Neighborhood Preservation re providing housing subsidies to
low and moderate income citizens; and, estimated revenue from
the federal government be increased accordingly.
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant
from the Virginia Department of Environmental Quality to the
FY 2000-O1 operating budget of the Department of Museums and
Cultural Arts re maintaining a statewide stranding network and
database; and, estimated revenue from the state government be
increased accordingly.
1.5.
Ordinance to establish a new capital project, "Redistricting-2000
Census"; and, TRANSFER $200,000 from completed capital
projects re engaging the services of an election specialist to
assist in redrawing the boundary lines of the City's seven
residence districts.
1.6.
Ordinance to TRANSFER $75,000 from the General Fund
Reserve for Contingencies to the FY 2000-01 operating budget
of the Department of Housing and Neighborhood Preservation re
emergency safety inspections of open parking structures.
Resolution re issuance by the Norfolk Airport Authority of its
Industrial Development Revenue Bonds, in an amount not to
exceed $Z500,000, for Virginia Beach Friends School re
acquisition, construction and equipping of class rooms, expanded
library, a gymnasium with stage, athletic fields and
administrative of~ces.
Item 2 will be ADOPTED, AS REVISED, BY CONSENT.
Councilman Branch will vote a VERBAL NAY on Item L5.
December 12, 2000
-9-
AGENDA RE VIE W SESSION
ITEM # 4 7513
Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C
at the northeast intersection of Sykes Avenue and Southern
Boulevard (1 O0 Sykes Avenue), containing 23.52 acres (BEACH-
DISTRICT 6):
a. Change of Zoning District Classification from I-1 Light
Industrial District to Conditional 1-2 Hear}, Industrial District
b. Conditional Use Permit for the storage or processine of salvaee.
scrap or junk autos,
Stephen White, Planning, distributed revised conditions for the Conditional Use Permit. Proffer No. 3 shall
be deleted in the proffered agreement for the Conditional Change of Zoning. The applicant has concurred
with the conditions, which will upgrade the property. If the Southeastern Expressway and Parkway is
constructed in the future, there will not be any structures in the way for which the City would have to pay
an exorbitant price. The applicant has agreed to reserve the necessary right-of-way for the parkway. The
applicant has agreed to reserve the necessary right-of-way for the Parkway, which is 300feet wide on the
western end of their site; and, if the City exercises that reservation and buys the property, the applicant
agrees to sell the parcel back to the city at their cost.
The heavily treed buffer approximately 200-400feet in width exists adjacent to the creek on the northern
and eastern portions of this property and this will not be allowed to be touched.
ITEM # 4 7514
J. 7
Application of REGENT UNIVERSITY for a Change of Zoning
District Classification from R-SD Residential Duplex District to
0-2 Office District on the west side of Centerville Turnpike,
south of Indian River Road, containing 9.432 acres
(CENTER VILLE- DISTRICT 1).
Council Lady Eure inquired whether the Office Buildings of Regent University are taxed by real estate. The
City Manager shall advise prior to the Formal Session.
ITEM # 47515
J. 8. Application of the CITY OF VIRGINIA BEACH to AMEND the
Comprehensive Plan re Chesapeake Bay Preservation Act and
Floodplains.
Council Lady Henley requested a presentation during a City Council Session the first of the year. Council
Lady Henley referenced the actions related to the status of the groundwater issues: completing the USGS
Shallow Ground Water Study, completing an inventory of private wells, including abandoned wells,
completing an inventory of private residential above and underground storage tanks for petroleum products
and monitoring safe regulatory efforts and the use of septic tanks. Council Lady Parker referenced the
newspaper article related to tapping into groundwater for heating systems. Councilman Mandigo advised
he has this type of"water to air" system and the State Department of Health must monitor each drilled well.
This water can not be pumped legally into a drainage ditch or lake. Council Lady Eure expressed concern
relative pumping out septic tanks every five years and she has staff reviewing this matter.
ITEM # 47516
BY CONSENSUS, the following shall compose the Planning By Consent Agenda
d. 1. Application of EDMN S. EPSTEIN, MD, for an expansion of
a nonconforming use to allow enlargement and improvements
to a single-family residence at 60th Street and Ocean Front
Avenue (106 60'h Street - Unit 106B) in the R-SR Residential
Resort District, containing 8, 750 square feet (LYNNHA VEN-
DISTRICT 5).
December 12, 2000
- lO-
GENDA RE VIE W SESSION
ITEM # 4 7516 (Continued)
J. 4.
J. 6.
J. 7
Application of TRUCKCENTER OF TIDEWATER, INC., for
a Conditional Use Permit re a bulk storage yar...d, on the east side
of South Military Highway, north of Alexandria Avenue (728 S.
Military Highway), containing 20,037.6 square feet
(CENTER VILLE - DISTRICT 1).
Application of SUBURBAN CHRISTIAN CHURCH for a
Conditional Use Permit for a church on the northwest and
southwest corners of Bellamy Manor Drive and Meighan Drive
(5132 Bellamy Manor Drive), containing 3.328 acres
(KEMPSVILLE - DISTRICT 2)
Application of WYCLIFFE PRESBYTERIAN CHURCH for a
Conditional Use Permit for a church addition at the southwest
corner of North Great Neck Road and Millwood Road (1445
North Great Neck Road), containing 8. 31 acres (L YNNHA FEN-
DISTRICT 5).
Application of the ASSOCIATION FOR THE
PRESERVATION OF VIRGINIA ANTIQUITIES for a
Conditional Use Permit for a private museum on the south side
of Wishart Road, west of Bailewick Drive (4405 Wishart Road),
containing 4.9 acres (BAYSIDE - DISTRICT 4).
Applications of VEHICLE RECYCLING SOLUTIONS, L.L.C
at the northeast intersection of Sykes Avenue and Southern
Boulevard (100 Sykes Avenue), containing 23.52 acres (BEACH-
DISTRICT 6):
Change of Zoning District Classification from I-1 Light
Industrial District to Conditional 1-2 HeavF Industrial District
Conditional Use Permit for the storage or t~rocessine of salvaee.
scrap or junk autos,
Application of REGENT UNIVERSlTY for a Chamze of Zonine
District Classificati..on from R-5D Residential Duplex District to
0-2 Office District on the west side of Centerville Turnpike,
south of Indian River Road, containing 9.432 acres
(CENTER VILLE- DISTRICT 1).
Application of the CITY OF VIRGINIA BEACH to AMEND the
Comprehensive Plan re Chesapeake Bay Preservation Act and
Floodplains.
Item J. 6 will be APPROVED, BY CONSENT, with Revised Conditions.
December 12, 2000
- 11 -
CITY COUNCIL COMMENTS
11:45 A.M.
ITEM # 47517
Mayor Oberndorf referenced citizen concerns relative the fire on First Colonial Road. On Friday,
December 8, 2000, a lady who resides in Alanton and last night, December 11, 2000, at the Cavalier Park
Civic League, a gentleman reiterated the same concerns. When the traffic is backed up on First Colonial and
especially during an unexpected event as afire, an ambulance is unable to access Virginia Beach General
Hospital. The citizens inquired if there were any plans to make the portion of First Colonial from Laskin
Road back to Great Neck more viable. During the fire, the City Manager advised there was severe gridlock
on First Colonial and the road was closed down to one-lane. This is not acceptable; thereJbre, a detailed
plan is being developed relative rerouting traffic and close locations differently.
ITEM # 47518
Council Lady Henley referenced:
Ordinance to authorize the City Manager to execute a Cost Participation
Agreement (approx. $975,000) with Lakeside Construction Corporation
re the construction of road improvements at Upton Drive. (ADOPTED:
December 5, 2000)
One of the residents of Red Mill spoke relative the Newstead Road issue. The residents are interested when
the City will be addressing the Newstead Road issue and the processes involved. John Herzke, City
Engineer, advised once Upton Drive is constructed, the traffic related items will be measured i.e. number
of vehicles, speed, accidents etc. as base data. Newstead will be a one-way street for access into the area
for residents and emergency vehicles. This will be monitored for a 6-month period. If there are no
discernable changes or problems, Newstead Road will remain one-way.
ITEM # 47519
Mayor Oberndorf attended the National League of Cities in Boston. Upon check-out, her bill designated the
cost of the room, city tax, state tax, and a third tax (12 3/4%) simply stated "For the Convention Center".
Boston is building their second major Convention and Conference Center. The Mayor of Boston advised
there was enough business for both Convention Centers.
Vice Mayor Sessoms and Councilman Jones advised Colorado had an airport tax and rental car tax.
ITEM # 47520
Councilman Mandigo wished to express appreciation to the City Manager and Chief of Police for the
increased traffic patrolling relative excess speed in the Kempsville area.
ITEM # 47521
Councilman Mandigo referenced the excellent Holiday performance of the Virginia Beach Chorale under
the leadership of £ou Sawyer on Sunday, December 10, 2000. The Chorale will be performing again in
May. The City and Councilman Harrison's firm sponsors these cultural opportunities.
ITEM # 47522
Mayor Oberndorf advised, on behalf of the City, David Sullivan, Chief Information Officer, made
presentations relative E-Government during the National League of Cities Conference. His room was
packed. The gentleman who presented this type of information for the City of Seattle advised Seattle was
copying everything Virginia Beach is doing.
December 12, 2000
- 12-
ITEM # 47523
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 12, 2000, at
11:52 A.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley,
Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Rosemary Wilson
Council Members Absent:
William W. Harrison, Jr.
December 12, 2000
- 13-
ITEM # 47524
Mayor 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 following 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:
Boards and Commissions: Community Services Board
Hampton Roads Economic Development Alliance
Health Services Advisory Board
Human Rights Commission
Senior Services of Southeastern Virginia
Virginia Beach Foundation - Distribution Committee
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3),
To-Wit Acquisition/Disposition of Property - Stumpy Lake Property - Lotus Creek
LEGAL MA TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To- Wit:
Stumpy Lake Litigation
Contractual Issues - Sportsplex
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council voted to proceed
into CLOSED SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr. ENTERED: 12:23 P.M.
(Time of Closed Session: 11:52 A.M. to 12:10 P.M.
Lunch: 12:10 P.M. to 12:20 P.M.
Closed Session: 12:20 P.M. to l:57 P. M.)
December 12, 2000
- 14-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 12, 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, December 12, 2000, at 2:00 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr. Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Absent:
None
INVOCATION:
Reverend C. Marcus Engdahl
Good Shepherd Lutheran Church
Lynnhaven Colony Congregational Church.
PLEDGE OF ALL~,GIANCE 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. The Vice Mayor regularly makes this Disclosure as he may not
know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter
of January 4, 2000, is hereby made a part of the record.
December 12, 2000
Item V-E.
- 15-
CERTIFICATION OF
CLOSED SESSION
ITEM # 4 7525
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 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 # 4 7524, Page 13, 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.
~R'fith Hodges'~mith, MMC
City Clerk
December 12, 2000
- 16-
Item V-F. 1.
MINUTES
ITEM # 47526
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 5, 2000.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
-17-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 4 752 7
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 12, 2000
- 18-
Item V-G.2.
PRESENTATION
ITEM # 4 7528
Mayor Oberndorf PROCLAIMED:
December 10 - 16, 2000
HUMAN RIGHTS WEEK
Fagan Stackhouse, Director of Human Resources, Dr. Joshua Edwards and Helen Shropshire, Members -
Human Rights Commission, ACCEPTED the proclamation.
This PROCLAMATION marked the Fifty-Second anniversary of the United National General Assembly's
Universal Declaration of Human Rights, affirming fundamental freedoms and human rights of all people
The Virginia Beach Human Rights Commission is a positive advocate for the human rights of Virginia Beach
citizens and has designated "Celebrate Peace" as the theme of this year ~' week-long Human Rights
Observance.
December 12, 2000
C~hereas;
¢Vhereas:
Whereas:
ff4/hereas:
irorlantatiott
This year marb~ the fifty-second anniversary of the UnitedHations General
Assembly's UniversabDeclaration of Human Pdghts, affi~ing~ndamental
freedoms andhuman rights of allpeople; and
Pff. spect for the inherent dignity and inalienable rights of allmembers of the
human family is the foundation of freedom, justice and worldpeace; and
Be United States of America is a nation founded on the principle of
individualrights andis stillworking to fully realize the ideals enshrined in its
Constitution and Rill of qO'ghts; and
The Virginia Reach Human Pdghts Commission is a positive advocate for the
human rights of Virginia Reach citizens andhas designated'Celebrate Peace'
as the theme of this year's week-long Human P~'ghts observance:
How, Bierefore, L Meyera B. Oberndo~, Mayor of t~ie Oty of Virginia ~Beach, Virginia, do
liereby Proclaim:
Oecember I0-I6, 2000
Human Rights Week
In Virginia Reach, andI encourage allcitizens to acquaint themselves with human rights
issues, to support human rights advocates, to recognize the goodworb6 pegCormedby human
rights heroes, and to 'Celebrate Peace' by participating in this observance.
In Witness Whereof I have hereunto set my handandcausedthe OfficialSealof the City
of Virginia Reach, Virginia, to be affixed this Twenty-eighth day of Hovember, Two
Thousand
Meyera Go. Oberndorf
Mayor
Item V-H. 1.
- 19-
PUBLIC HEARING
ITEM # 47529
Mayor Oberndorf DECLARED a PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY- Bonney Road
The following registered in SUPPORT:
Robert B. Smithwick, Partner - Branwick ,4ssociates, 4571 Columbus Street, Phone: 490--0650
William Hargrove, HB~1,4rchitects and Engineers, 207 Business Park Drive, Phone: 490-9048, with the
utilization of "Smart Board" displayed the design of the project.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 12, 2000
- 20-
Item V-I.
ORDINANCES/RESOLUTION
ITEM # 4 7530
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Ordinances 2 (AS REVISED), 3, 4, 5, 6, and 7 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Branch voted a VERBAL NAY on Item 5 (Redistricting-2000 Census).
December 12, 2000
- 21 -
Item V-I. 1.
ORDINANCES/RESOL UTION
ITEM # 4 7531
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to DECLARE Parcels A and B on the northeast side of Bonney
Road, (former Days Inn Hotel Site and Unclaimed Freight Facility),
EXCESS PROPERTY as shown on that certain plat entitled, "Partition
Plat of Property of COBO Corporation, Kempsville Borough, Virginia
Beach, VA; and, to AUTHORIZE the City Manager to convey same to
BRANWICK ASSOCIATES, INC. , for $1,200,000. (ROSE HALL -
DISTRICT 3 formerly KEMPSVILLE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN CITY
PROPEkTY EXCESS AND AUTItORIZING
TItE CITY MANAGER TO CONVEY SAME TO
BRANWICK ASSOCIATES, INC.
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WHEREAS, the City of Virginia Beach (the "City") acquired ownership of a certain parcels
of real property containing approximately 11.907+/- acres, located on Bonney Road in the City of
Virginia Beach, Virginia (the "Property") by deed recorded in Deed Book 3694, at page 1705, Deed
Book 3709, at page 0589, and Deed Book 3739, at page 0450; and
WHEREAS, the City Ce :~ncil is of the opinion that the Property is in excess of the needs of
the City of Virginia Beach and should be sold to Branwick Associates, Inc.
NOW, THEREFORE, 3E IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACIt, VIRGIN
1. That the followin;~, described Property is hereby declared to be in excess of the needs
of the City, and that the City M;~nager is hereby authorized to convey said Property to Branwick
Associates, Inc. ·
ALL THOSE certain parcels of land located on the northeast side of
Bonney Road (relocated) in the Kempsville Borough in the City of
Virginia Beach, Virginia, and being particularly described as
PARCEL A and PARCEL B, as shown on that certain plat entitled,
"PARTITION PL.{T OF PROPERTY OF COBO CORPORATION,
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA",
Scale: 1 "=100', dated May 21, 1976, and made by Harold C. Warren,
Jr., Certified Land Surveyor, Chesapeake, Virginia, which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 114, page 44.
It being the same property conveyed to the City of Virginia Beach, a
municipal corponttion of the Commonwealth of Virginia, by deed
dated December 27, 1996, from Expressway Motel Associates, a
Virginia general partnership, duly recorded in the aforesaid Clerk's
Office in Deed B{'~ok 3694, at page 1705. GPIN: 1477-52-1563
BEGINNING AT A POINT in the northern line of the Old Norfolk-
Virginia Beach Road at the dividing line between the property herein
described and the property now or formerly owned by Forbes, thence
running along said dividing line, North 17 degrees 46 minutes West
470.2 feet to a point marked by a pin; thence running North 14
degrees 51 minutes West 172.9 feet to a point at a Sweet Gum; thence
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running North 26 degrees 34 minutes West 272.8 feet to a point
marked by a pin; which point lies South 15 degrees 18 minutes West
11.6 feet from a Sweet Gum; thence running North 65 degrees 13
minutes East 105 feet to a point; thence running South 22 degrees 58
minutes East 894.5 feet to a point on the northern line of the Old
Norfolk-Virginia Beach Road; thence running along the northern line
of the Old Norfolk-Virginia Beach Road South 59 degrees 36 minutes
West 156 feet to the point of beginning, being designated as Lot
"A-l" containing approximately 2.4 acres, more or less, on a plat of
the "PROPERTY OF GEORGE E. PEACE ET AL LOCATED
NEAR POWELL'S CORNER," made by W. B. Gallup, County
Surveyor, which plat is recorded in the aforesaid Clerk's Office in
Map Book 40, at page 42; excepted from the property as described
above and from this conveyance is a ten (10) feet strip along the said
road which is dedicated for widening the highway.
TOGETHER with all right, title and interest of the Grantors, if any,
in and to that certain easement for ingress and egress benefitting the
above described property more particularly described and conveyed
in that certain Deed of Easement dated July 20, 1983, from Bonney
Road Associates to Clarence M. Fuller, duly recorded in the aforesaid
Clerk's Office in Deed Book 2288, at page 1284.
LESS AND EXCEPT that portion of the above described property
conveyed to or taken by the City of Virginia Beach for road widening
as described in Certificates duly recorded in the aforesaid Clerk's
Office in Deed Book 847, at page 13, and in Deed Book 932, at page
725, and Order duly recorded in Deed Book 933, at page 334.
The above described property is more particularly shown on that
certain plat entitled; "PHYSICAL SURVEY & BOUNDARY PLAT
OF PARCEL A-l, PROPERTY OF GEORGE E. PEACE, ET AL.
(DB 438, PG 543), (DB 558, PG 213) (MB 40, PG 42),
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, FOR
CITY OF VIRGINIA BEACH", dated January 24, 1997, Scale:
1 "=25', prepared by Miller-Stephenson & Associates, P.C., which plat
is duly recorded in the aforesaid Clerk's Office in Map Book 257, at
page 40.
It being the same property conveyed to the City of Virginia Beach, a
municipal corporation of the Commonwealth of Virginia, by deed
dated February 3, 1997, from Earl M. Fuller, et ux, duly recorded in
the aforesaid Clerk's Office in Deed Book 3709, at page 589.
GPIN: 1477-52-8382
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land, together with the
appurtenances, buildings and improvements, rights, privileges and
immunities thereunto belonging or appertaining, situate, lying and
being in the City of Virginia Beach, Virginia and known, numbered
and designated as 2.125 AC, "C" and 2.069 AC. "D" as shown on
that certain plat entitled: "PARTITION PLAT OF COBO
CORPORATION, KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA" prepared by Harold C. Warren, Jr. and dated May21,
1976, recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 114, at page 44.
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, PARCEL TWO:
ALL THAT CERTAIN lot, piece or parcel of land, together with the
buildings and improvements thereon and all tenements,
hereditaments, appurtenances, rights, privileges and immunities
thereunto belonging or appertaining, situate, lying, and being in the
City of Virginia Beach, Virginia and being known, numbered and
designated as "EMELINE DAUGIITREY, D.B. 71 P. 94, 2.00
ACRES" as shown on that certain plat entitled "PROPERTY
SURVEY FOR C.W. MILLER PROPERTY, VIRG1NIA BEACtt,
VIRGINIA" prepared by McGaughy, Marshall & McMillan and dated
April 6, 1966, recorded in the Office of the Clerk of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 69, at page 32.
It being the same property conveyed to the City of Virginia Beach, a
municipal corporation of the Commonwealth of Virginia, by deed
dated May 8, 1997, from Howard S. Adkins, unmarried, duly
recorded in the aforesaid Clerk's Office in Deed Book 3739, at page
0450. GPIN: 1477-52-5699; 1477-52-6396
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2. That ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00)
is to be the sale price of the Property.
3. That Branwick Associates shall construct a Class A high-rise office building on the
Property which contains no less fl~an 60,000 square feet in area and is at least four (4) stories in
height.
4. That the final site plan and architectural elevations must be approved by the City
Manager or his designee prior to the commencement of any construction or landscaping activity
upon the Property to ensure a quality development.
5. That Branwick Associates shall demolish and remove all existing structures on the
Property no later than thirty (30) days after recordation of the deed to the Property.
6 That Branwick Associates shall commence in good faith and diligently pursue actual
construction of the office building no later than 270 days from the date of recordation of the deed
to the Property. However, within 180 days from the date from the date of recordation of the deed
to the Property, Branwick Associatc~ shall provide a written progress report to the City Manager or
his designee to evidence plans of actual construction of the office building. IfBranwick Associates,
or the then record owner of the Property has not commenced in good faith and diligently pursued
actual construction of the office building in accordance with'approved plans within 270 days from
the date of recordation of the deed to the Property, then the City shall have the right and option to,
at any time thereafter and until such construction begins, to repurchase the Property by giving
written notice of its decision to repurchase to Branwick Associates or the then record owner of the
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PropeOy and agreeing at that time to pay Branwick Associates or the record owner of the Property
the original purchase Price paid for the Property at settlement. In the event Branwiek Associates or
the record owner of the Property for any reason fails or refuses to convey the Property back to the
City as required herein, then the City shall have the right to enter upon and take possession of the
Property, together with all rights and causes of action necessary to have title to the Property
conveyed back to the City.
7. In the deed conveying title to the property, the City shall reserve the right to establish
easements for drainage and utilities under, over, across and through the Property.
8. Any building site(s) created shall connect to public water and sewer where available.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 da), of'
DECEMBER ,2000.
CA-7884
R-I
PREPARED: 11/21/00
(fA~ved As To Content:
x,,,..Depanmen~ of EconOmic Der'element
Approved As To Content:
I~artment of Public Works/Real Estate
Approved As To Form:
City Attorney ~,/
Item V-I.2.
- 22 -
ORDINANCES/RESOLUTION
ITEM # 47532
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $750, O00 from capital project, Library
Renovations and Replacements, re an interest-free loan to the Beach
Health Clinic (BHC) for the acquisition of property for the relocation of
operations to a new clinic.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
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AN ORDINANCE TO APPROPRIATE $750,000
FROM CAPITAL PROJECT #3-447, LIBRARY
RENOVATIONS AND REPLACEMENTS, FOR
THE PURPOSE OF PROVIDING AN
INTEREST-FREE LOAN TO THE BEACH
HEALTH CLINIC FOR THE ACQUISITION OF
PROPERTY FOR A NEW CLINIC
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WHEREAS, the Beach Health Clinic ("BHC") provides a valuable
service to the City and its citizens by making primary medical care
available to indigent (uninsured) residents;
WHEREAS, the BHC has determined that its current facility
lacks sufficient space to continue to respond to the medical needs
of its ever-increasing number of patients;
WHEREAS, the BHC has located a desirable site at 3396 and 3400
Holland Road for relocation of its operations;
WHEREAS, the BHC does not presently have adequate funds for
the full purchase price of $900,000 to acquire property for a new
site, but does have funds in the amount of $150,000 for a down
payment; and
WHEREAS, the BHC has requested an interest-free loan in the
amount of $750,000 from the City, and has represented that fund-
raising efforts will provide sufficient revenue to repay the loan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That funds in the amount of $750,000 are hereby
appropriated from Capital Project #3-447, Library Renovations and
Replacements, for the purpose of providing an interest-free loan to
the Beach Health Clinic for the acquisition of property for
relocation of its operations;
2. That the loan is contingent upon the BHC providing the
City (a) any United Way capital allocations it may receive, (b) a
first deed of trust on the property, and (c) a promissory note in
the amount of the loan; and
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3. That the loan shall be repaid in five (5) annual
installments of $75,000 each, due on the 31st day of December each
year, with the first installment due on or before December 31,
2001, and the last installment due on or before December 31, 2005,
along with any outstanding loan balance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of DECEMBER , 2000.
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Requires an affirmative vote by a majority of the members of
the City Council.
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CA7937
F:~Data~ATY~Ordin~NONCODE~beach health clinic.ord.wpd
December 12, 2000
R-2
- 23 -
Item V-I. 3.
ORDINANCES/RESOL UTION
ITEM It 4 7533
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $281,000 in Section 8
revenue from the federal government to the FY 2000-2001 operating
budget of the Department of Housing and Neighborhood Preservation re
providing housing subsidies to low and moderate income citizens; and,
estimated revenue from the federal government be increased accordingly.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA
BEACH TO ACCEPT AND APPROPRIATE $281,000 IN
SECTION 8 REVENUE FROM THE FEDERAL GOVERNMENT
TO THE FY 2000-2001 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR THE PURPOSE OF PROVIDING
HOUSING SUBSIDIES
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WHEREAS, the Virginia Beach Department of Housing and
Neighborhood Preservation receives Federal funding through the
Section 8 Rental Assistance Subsidy program administered through
the U. S. Department of Housing and Urban Development to provide
rental assistance to low and moderate income families.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $281,000 in anticipated federal revenue from the
U. S. Department of Housing and Urban Development's Section 8
Rental Assistance Subsidy Program
appropriated to the Department of
is hereby accepted and
Housing and Neighborhood
Preservation's FY 2000-01 annual operating budget for the purpose
of providing housing subsidies.
2. That estimated revenue from the federal government is
hereby increased in the amount of $ 281,000.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of DECEMBER , 2000.
Requires an affirmative vote by a majority of the members
of City Council.
CA7929
F:~Data~ATY~Ordin~NONCODE\housing subs.ord.wpd
December 1, 2000
R3
Approved as to Content:
Approved as to Legal
Sufficiency:
City Attorney' sC/~ffice~z
Item V-I. 4.
- 24 -
ORDINANCES/RESOLUTION
ITEM # 47534
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $31,000 grant from the
Virginia Department of Environmental Quality to the FY 2000-01
operating budget of the Department of Museums and Cultural Arts re
maintaining a statewide stranding network and database; and, estimated
revenue from the state government be increased accordingly.
~ting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $31,000 GRANT FROM THE
VIRGINIA DEPARTMENT OF ENVIRONMENTAL
QUALITY TO THE FY 2000-01 OPERATING
BUDGET OF THE DEPARTMENT OF MUSEUMS
AND CULTURAL ARTS TO MAINTAIN A
STATEWIDE STRANDING NETWORK AND
DATABASE.
WHEREAS, The Virginia Department of Environmental Quality,
through the Virginia Coastal Resources Management Program, has
awarded the Virginia Marine Science Museum a $31,000 grant to
maintain a statewide stranding team, maintain a computer database,
and to provide educational programs on protected marine species;
and
WHEREAS, this grant requires an "in-kind" match equivalent to
$31,000, and resources for this match are currently available in
the Marine Science Museum's FY 2000-01 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That a $31,000 grant is hereby accepted from the Virginia
Department of Environmental Quality and appropriated to the FY
2000-01 Operating Budget of the Department of Museums and Cultural
Arts to maintain a statewide stranding network and database.
2. That estimated revenue from the state government is hereby
increased in the amount of $ 31,000.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of DECEMBER , 2000.
Requires an affirmative vote by a majority of the members of
City Council.
CA7933
F:~Data~ATY\0rdin\NONCODE~VMSM Stranding Network.ord.wpd
November 30, 2000
R1
34 Approved as to Content:
35
37 an~ge~nt Services%'~~
Approved as to Legal
Sufficiency:
C~ty Attorn~yC~/Of fi~e
James S. Gilmore, Ili
Governor
John Paul Woodley, Jr.
Secretary of Natural Resources
COMMON VEALTH e/
DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219
Mailing address: P.O. Box 10009, Richmond, Virginia 23240
Fax (804) 698-4500 TDD (804) 698-4021
http://www.deq.stat¢.va, us
Dennis H. Treacy
Director
(804) 698-4000
1-800-592-5482
September 29, 2000
TO:
FROM:
FY 2000 Virgin~i~ C,~oastal Program Grantees -- Grant #NA07OZ0136
Laura B. McKay -- Coastal Program Manager
629 East Main Street, Richmond Virginia 23219
Phone: (804) 6984323 Fax: (804) 698-4319
FY 2000 Coastal Program Asvard Notification
The Department of Environmental Quality has received approval for the 2000 Coastal Zone Management
Grant Award from the National Oceanic and Atmospheric Administration (NOAA). We are pleased to
notify you that your proposal has been approved for funding for the period shown on your enclosed
contract. We look forxvard to working with you in the coming year.
Enclosed is your contract in duplicate, s~gned by the authorized DEQ representative. To fully execute the
contract, please follow these instructions:
l. Have the folloxving enclosed documents, provided in duplicate, signed and dated by your authorized
representative where the colored tabs are affixed: · Contract form (only 1 page)
· Certifications Regarding Debarment... (Attachment E to this contract; also I page)
2. Return one each of the above to: Susan Watson, DEQ Virginia Coastal Program, 629 E. Main St.,
Richmond, VA 23219.
3. Keep the remaining contract form with all attachments for your files.
4. Make copies of the blank quarterly report forms provided (Form A Progress Report. Form B Financial
Reimbursement Report, Minority or Woman- Oxvned Business MBE/WBE Form) for use by the
appropriate staff within your organization. Digital versions of Forms A and B are available upon request
to Susan Watson, sh~vatson~deq.state.va.us. Attachment I3 to this contract includes quarterly reporting
requirements and instructions. If you have an earlier VCP grant which is still active, be extremely
careful to provide separate reports for each project, referencing the appropriate grant#, year and task.
Thank you for your close attention to these details.
An Agency of the Natural Resources Secretariat
- 25 -
Item V-I. 5.
ORDINANCES/RESOL UTIONS
ITEM # 47535
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to establish a new capital project, "Redistricting-2000
Census "; and, TRANSFER $200, O00 from completed capital projects re
engaging the services of an election specialist to assist in redrawing the
boundary lines of the City's seven residence districts
Voting:
10-1 (By ConsenO
Council Members Voting Aye:
Margaret L. Eure, William W.. Harrison, Jr., Barbara M. Henley, Louis
R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay:
Linwood O. Branch, III*
Council Members Absent:
None
* Verbal Nay
December 12, 2000
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AN ORDINANCE TO ESTABLISH A NEW CAPITAL
PROJECT #3-195, REDISTRICTING-2000 CENSUS, AND
TO TRANSFER FUNDS IN THE AMOUNT OF $200,000
FROM TWO COMPLETED CAPITAL PROJECTS TO CAPITAL
PROJECT #3-195 FOR THE PURPOSE OF ENGAGING THE
SERVICES OF AN ELECTION SPECIALIST TO ASSIST
IN REDRAWING THE BOUNDARY LINES OF THE CITY'S
SEVEN RESIDENCE DISTRICTS
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WHEREAS, in the spring of 2001, the Census Bureau will
provide the Commonwealth of Virginia the results of the 2000 Census
to enable the Commonwealth to redraw the boundaries of existing
election districts;
WHEREAS, shortly thereafter, the City of Virginia Beach
must use the results of the 2000 Census to redraw the boundaries of
its seven residence districts to ensure , as required by the City
Charter, that they remain approximately equally-populated;
WHEREAS, the assistance of an election specialist is
necessary to properly analyze the results of the 2000 Census and
redraw the boundaries of the seven residence districts in a manner
which will comply with the Voting Rights Act and be approved by the
U. S. Department of Justice;
WHEREAS, the City Attorney has estimated that the total
cost for the services of an election specialist will be
approximately $200,000; and
WHEREAS, funds in that amount are available to be
transferred from excess appropriations in two completed capital
projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That Capital Project #3-195, Redistricting-2000
Census, is hereby established in the FY 2000-2001 Capital Budget;
and
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2. That funds in the amount of $84,500 from Capital
Project #3-108, Voter Machines, and $115,500 from Capital Project
#3-019, E-911 Communications Network Upgrade, are hereby
transferred to Capital Project #3-195 for the purpose of engaging
the services of an election specialist to assist the City in
redrawing the boundaries of its seven residence districts.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of DECEMBER
CA-7935
data~aty~ordin~noncode~redistricting.ord
December 7, 2000
R3
Approved as to Content:
, 2000.
Approved as to Legal
Sufficiency:
Manag~'ent Services~. Office
2
- 26-
Item V-I. 6.
ORDINANCES/RESOL UTION
ITEM # 47536
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TIL4NSFER $75,000 from the General Fund Reserve for
Contingencies to the FY 2000-01 operating budget of the Department of
Housing and Neighborhood Preservation re emergency safety inspections
of open parking structures.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William VK. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
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AN ORDINANCE TO TRANSFER $75,000
FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE FY 2000-01
OPERATING BUDGET OF THE DEPARTMENT
OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR THE PURPOSE OF
FUNDING EMERGENCY SAFETY INSPECTIONS
OF OPEN PARKING STRUCTURES LOCATED
IN THE CITY
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WHEREAS, the City of Virginia Beach has contracted with
Desman Associates to conduct safety inspections of open parking
structures located within the City limits; and
WHEREAS, the urgent nature of performing the safety
inspections requires immediate action to be taken by the City of
Virginia Beach to ensure public safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $75,000 is hereby transferred from the General Fund
Reserve for Contingencies to the FY 2000-01 Operating Budget of the
Department of Housing and Neighborhood Preservation for the purpose
of funding emergency safety inspections of open parking structures
located in the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of DECEMBER , 2000.
Requires an affirmative vote by a majority of the members
of City Council.
CA7928
F:~Data~ATY~Ordin~NONCODE~parking structure.ord.wpd
December 1, 2000
R3
Approved as to Content:
Approved as to Legal
Sufficiency:
City Attorneys Offf[/e
-27-
Item V-I. 7.
ORDINANCES/RESOL UTION
ITEM # 47537
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re issuance by the Norfolk Airport Authority of its Industrial
Development Revenue Bonds, in an amount not to exceed $2,500,000, for
Virginia Beach Friends School re acquisition, construction and equipping
of class rooms, expanded library, a gymnasium with stage, athletic fields
and administrative offices.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood 0. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
A RESOLUTION APPROVING THE ISSUANCE BY THE NORFOLK
AIRPORT AUTHORITY OF ITS REVENUE BOND IN AN AMOUNT NOT
TO EXCEED $2,500,000 FOR VIRGINIA BEACH FRIENDS SCHOOL
WHEREAS, the Norfolk Airport Authority (the "Airport Authority") has considered the
request of Virginia Beach Friends School for the issuance by the Authority of its revenue bond
(the "Bond") in an amount not to exceed $2,500,000 to assist the School in (a) undertaking' the
financing of the cost of acquiring, constructing and equipping of class rooms, expanded library, a
gymnasium with stage, athletic fields and administration offices (collectively, the "Project"), and
(b) the financing of the payment of certain costs of issuing the Bond; and
WHEREAS, the Airport Authority has adopted an inducement resolution (the "Airport
Authority Resolution") with respect thereto; and
WHEREAS, the City of Virginia Beach Development Authority (the "Development
Authority") has held a public hearing with respect to the Bond on November 21, 2000, and has
adopted an approving resolution with respect thereto; and
WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), provides that the City Council for the City of Virginia Beach (the "Council")
must concur with the adoption of the Airport Authority Resolution; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that
the highest elected governmental officials of the governmental unit having jurisdiction over the
area in which any facility financed with the proceeds of private activity bonds is located shall
approve the issuance of such bonds; and
WHEREAS, the Project is located in the City of Virginia Beach and the members of the
Council constitute the highest elected governmental officials of the City of Virginia Beach; and
WHEREAS, a copy of the Airport Authority Resolution, the Development Authority's
approving resolution, a reasonably detailed summary of the comments expressed at the public
hearing with respect to the Bond held by the Development Authority and a statement in the form
prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council, together
with the Development Authority's recommendation that the Council concur with the Airport
Authority Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE.COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
I. The City Council of the City of Virginia Beach, Virginia, concurs with the
adoption of the Airport Authority Resolution and approves the issuance of the Bond by the
Airport Authority to the extent required by the Code and Section 15.2-4906 of the Virginia Code.
2. The approval of the issuance of the Bond, as required by the Code and Section
15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of
the Bond of the creditworthiness of the School and the Bond shall provide that the City of
Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs
incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of
Virginia or the City of Virginia Beach shall be pledged thereto.
3. This resolution shall take effect immediately upon its adoption.
#647872 vi
ADOPTED: 12 DECEMBER 2000
B~ #eck ?oint
PROJECT NAME:
PROJECT ADDRESS:
TYPE OF PROJECT:
Virginia Beach Friends School
1537 Laskin Road ~
Virginia Beach, Virginia 23451
Primary and Secondary School
VIRGINIA
BEACH
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www. virginio-beach.va.us/depttecondev
E-mail ecdev@city, virginia~beach.va.us
November 21, 2000
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re~
Virginia Beach Friends School
Industrial Development Revenue Bonds
Dear Mayor Obemdorf and Members of City Council:
We submit the following in connection with project Virginia Beach Friends School located
at 1537 Laskin Road in the city of Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit ,4 , and a
summary of the statements made at the public heating is attached as Exhibit B . The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C. The Inducement Resolution of the Norfolk Airport Authority for
the benefit of Virginia Beach Friends School Exhibit D.
(2) The Disclosure Statement is attached as Exhibit E.
(3) The statement of the Autbority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit F.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
November 21, 2000
Page 2
(4) The Fiscal Impact Statement is attached as ExhibH G.
(5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit I is a letter from the appropriate City department commenting on
the Project.
RGJ/GLF/mlg
Enclosures
Very truly yours,
EXHIBIT A
THE VIRG~NIAN-~LOT
NORFOLK, VIRGINIA
p~'~'IDAVIT OF pUBLICATIoN
KAUFMA~ & CANOLES
~E COM~ERCIF~ PLACE
SUITE 2000
NORFOLK. VA 23S10
REF~R~CE: 00015708
NOTICZ OF PUBLIC
C~ty of Norfolk
Th£a aay, D. Joh~$on personally appoa=ed
and after bein~ ~uly ~w=~n, made
1) She i~ ~ffid~fe clark o~ ~'h~ Vlrginian-Pilo~,
a newspaper published by Land~ark C~mmu~icaulona
Inc., in ~b~ Cities of Norfolk,, Portsmouth,
~LrZLIS~D ON: 11t0~ 1L/I~
I
COST: ' 3~4,~0 AD SPAC~ 54 LINE{
ON: 11/17/00 [
Exhibit A
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY NORFOLK AIRPORT AUTHORITY
FOR VIRGINIA BEACH FRIENDS SCHOOL
Notice is hereby given that the City of Virginia Beach Development Authority (the
Authority) whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462,
will hold a public hearing on the.plan of finance of Virginia Beach Friends School, a Virginia
nonstock, nonprofit corporation (the School), the location and mailing address of which is 1537
Laskin Road, Virginia Beach, Virginia 23451, for the issuance of the Norfolk Airport Authority's
revenue bond in an amount not to exceed $2,500,000 to assist the School in (a) undertaking the
financing of the construction and equipping of class rooms, expanded library, a gymnasium with
stage, athletic fields and administration offices (collectively, the "Project"), and (b) financing the
cost of issuing the bond. The public hearing, which may be continued or adjoumed, will be held
at 8:30 a.m. on November 21, 2000, before the Authority at its office. The bond will not pledge
the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will
be payable solely from revenues derived from the School. Any person interested in the issuance
of the bond or the location or nature of the Project may appear and be heard. A copy of the
resolution to be considered by the Authority after the public hearing is on file and is open for
inspection at the Authority's office during business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON NOVEMBER 7, 2000 AND
NOVEMBER 14, 2000
#647878 vl
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(VIRGINIA BEACH FRIENDS SCHOOL)
At 8:30 a.m. on November 21, 2000, the Chairman of the City of Virginia Beach
Development Authority (the "Authority") announced the commencement of a public hearing on
the request of Virginia Beach Friends School, a Virginia non-stock corporation (the "School"),
and that a notice of public hearing'was published once a week for two consecutive weeks in The
Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one
(21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate
of publication of such notice have been filed with the records of the Authority and will be
provided to the Clerk of the City Council of the City of Virginia Beach.
The following individual appeared and addressed the Authority: Mr. George Consolvo
appeared on behalf of the School. Mr. Consolvo described the project as the financing of capital
projects at the School, including class rooms, expanded library, a gymnasium with stage, athletic
fields and administrative offices. He explained that the proposed issuance of up to $2,500,000 of
revenue bonds (the "Bonds") for the project will provide needed funds for the continued
improvement of the School's campus. Mr. Consolvo further added that it is necessary that the
Authority hold a public hearing and that the issuance of the Bonds by the Norfolk Airport
Authority be approved by the City Council of the City of Virginia Beach in accordance with both
federal and Virginia law. Mr. Consolvo closed his remarks by noting that the presence of the
School in the City of Virginia Beach greatly enhances the educational facilities provided within
the City of Virginia Beach and, accordingly, benefits its citizens and serves a compelling public
purpose.
No other persons appeared to address the Authority and the Chairman closed the public
hearing.
The Authority then adopted a resolution (a) recommending that the Council of the City of
Virginia Beach, Virginia, approve the issuance of the Bonds, (b) directing the transmission of a
Fiscal Impact Statement with respect to the Bonds to the Council of the City of Virginia Beach
and (c) requesting that its recommendation be received at the next regular or special meeting
during calendar year 2000 at which this matter can be properly placed on the Council's agenda
for hearing.
#647869 vi
Exhlt~lt t~
RESOLUTION OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR VIRGINIA BEACH FRIENDS SCHOOL
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority") the plans of Virginia Beach Friends School (the "School") whose principal place
of business is 1537 Laskin Road, Virginia Beach, Virginia 23451, for the issuance by the Norfolk
Airport Authority (the "Airport Authority") of its revenue bond (the "Bond") in an amount not to
exceed $2,500,000 to assist the School in (a) undertaking the financing of the cost of constructing
and equipping of class rooms, expanded library, a gymnasium with stage, athletic fields and
administration offices (collectively, the "Project"), and (b) the financing of the payment of
certain costs of issuing the Bond; and
WHEREAS, each of the above facilities constituting a portion of the Project are now owned
or will be owned by the School and all of the above facilities are or will be located in the City of
Virginia Beach; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the
Intemal Revenue Code of 1986, as amended (the "Code"), is scheduled to be held by the Airport
Authority on December 14, 2000, and the Airport Authority adopted an inducement resolution (the
"Airport Authority Resolution") with respect to the Bond on October 26, 2000; and
WHEREAS, the School has elected to proceed with a plan of finance pursuant to which the
Bond will be privately placed with a financial institution to be named (the "Lender"), for its own
account and for investment purposes; and
WHEREAS, the School in its appearance before the Authority has described the debt
service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation"
within the meaning of §265(b)(3) of the Code and the educational benefits to the City of Virginia
Beach to be derived from the issuance of the Bond; and
WHEREAS, a public heating with respect to the Bond as required by Virginia law and the
Internal Revenue Code of 1986, as amended, has been held at this meeting.
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the issuance of the Bond will promote.
education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health,
welfare, convenience and prosperity.
2. To assist the School to issue the Bond, the Authority hereby recommends that the
City Council of the City of Virginia Beach (the "Council") concur with the Airport Authority
Resolution, the form of which has been presented at this meeting, as required by {}15.2-4905 of the
Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chairman or
Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by
{}15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the
public hearing held at this meeting pursuant to {} 15.2-4906 of the Virginia Code, and a copy of this
resolution.
3. All costs and expenses in connection with the financing plan shall be paid fi.om the
proceeds of the Bond to the extent permitted by law or fi.om funds of the School and the Authority
shall have no responsibility therefor.
4. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby
approved and confirmed.
5. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by the
commissioners of the City of Virginia Beach Development Authority at a meeting duly called and
held on November 21, 2000, and that such resolution is in full fome and effect ot the date hereof.
Dated: ~x~c~qt_e~-x.~¢ '/..\,.'~,_00_o ' e~~ ~~/~~ ~-~~~/
~,,.>'-~. SAj:~J74 City of X/irginia BeaCh Development
#647885
2
Exhibit D
INDUCEMENT RESOLUTION OF THE NORFOLK AIRPORT AUTHORITY
FOR THE BENEFIT OF VIRGINIA BEACH FRIENDS SCHOOL
WHEREAS, there have been described to the Norfolk Airport Authority (the
"Authority"), the plans of Virginia Beach Friends School (the "School"), to finance the
construction and equipping of class rooms, expanded library, a gymnasium with stage, athletic
fields and administration offices (collectively, the "Project") at the School's campus located at
1537 Laskin Road, Virginia Beach, Virginia 23451;
WHEREAS, the School, in its appearance before the Authority, has described the
Project's benefits and has requested the Authority to agree to issue its bonds under Chapter 463
of the Acts of Assembly of 1948, as amended (the "Act"), in such amounts as may be necessary to
finance costs to be incurred in the financing of the Project, including financing costs; and
WHEREAS, a public hearing will be held at the Authority's December meeting as
required by Virginia law and the Internal Revenue Code of 1986, as amended;
BE IT RESOLVED BY THE NORFOLK AIRPORT AUTHORITY:
1. It is hereby found and determined that the Project will enhance education in the
Commonwealth of Virginia.
2. To assist the School to finance the Project, the Authority hereby agrees to undertake
the issuance in one or more series of its industrial development revenue bonds therefor (the
"Bonds") in an amount not to exceed $2,500,000 upon terms and conditions to be mutually agreed
upon between the Authority, the School and the purchaser of the Bonds after the public heating
with respect to the Bonds. The Bonds shall be issued in form and pursuant to terms authorized by
the Act. The principal of and premium, if any, and interest on the Bonds shall not be deemed to
constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political
subdivision thereof, including the Authority, the City of Norfolk, Virginia, and the City of Virginia
Beach, Virginia. Neither the Commonwealth of Virginia nor any political subdivision thereof,
including the Authority, shall be obligated to pay the principal of or premium, if any, or interest on
the Bonds or other costs incident thereto except from the revenues and receipts derived by the
Authority from the School or other available funds provided by the School, and neither the faith
and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision
thereof, including the Authority, shall be pledged to the payment of principal of or premium, if any,
or interest on the Bonds or other costs incident thereto. No covenant, condition or agreement
contained in the Bonds or in any financing instrument executed and delivered in connection
therewith shall be deemed to be a covenant, agreement or obligation of any present, past or future
commissioner, officer, employee or agent of the Authority in his individual capacity, and no officer
of the Authority executing the Bonds or any other financing document or instrument shall be
personally liable thereon or subject to any personal liability or accountability by reason of the
issuance or execution thereof.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the financing of the Project, the Authority hereby agrees that the School may
enter into contracts with respect thereto and take such other steps as it may deem appropriate in
connection therewith, provided that nothing herein shall be deemed to authorize the School to
obligate the Authority without its consent in each instance to the payment of any moneys or the
performance of any acts in connection with the Project. The Authority hereby agrees that the
School may be reimbursed from the proceeds of the Bonds for all costs so expended prior to the
issuance of the Bonds together with costs previously expended by the School within sixty (60)
days prior to the date of this resolution with respect to the planning for and construction and
equipping of the Project (the "Expenditures"). The Authority reasonably expects to reimburse
the School up to $1,000,000 for Expenditures with the proceeds of the Bonds. The declaration
and expectation stated in this section are intended to be evidence of official intent within the
meaning of Treasury Regulations Section 1.150-2 promulgated under the Intemal Revenue Code
of 1986, as amended (the "Code"), and are based upon representations of the School. Each
Expenditure will be, unless otherwise approved by Bond Counsel hereinafter appointed, (a) of a
type properly chargeable to a capital account under general federal income tax principles
(determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to
the Bonds, or (c) a nonrecurring item that is not customarily payable from current revenues. The
Authority intends to make a reimbursement allocation, which is a written allocation by the
Authority that evidences the Authority's use of proceeds of the Bonds to reimburse an
Expenditure, upon written request of the School no later than eighteen (18) months after the later
of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but
in no event more than three (3) years after the date on which the Expenditure is paid. The
Authority recognizes that exceptions are available for certain "preliminary expenditures," costs
of issuance, certain de minimus amounts, expenditures by "'small issuers" (based on the year of
issuance and not the year of expenditure), and expenditures for construction projects of at least
five (5) years.
4. The Authority hereby agrees to the recommendation of the School that Kaufman &
Canoles, P.C., Norfolk, Virginia, be appointed as Bond Counsel and hereby appoints such firm to
supervise the proceedings and approve the issuance of the Bonds.
5. All costs and expenses in connection with the financing of the Project, including the
fees and expenses of Bond Counsel, counsel for the Authority and the purchaser of the Bonds, shall
be paid from the proceeds of the Bonds, to the extent permitted by law and by the purchaser of the
Bonds, or from funds of the School. If for any reason such Bonds are not issued, it is understood
that all such expenses shall be paid by the School and that the Authority shall have no responsibility
therefor.
6. The Authority, including its commissioners, officers, employees and agents, shall
not be liable and hereby disclaims all liability to any person for any damages, direct or
consequential, resulting from the Authority's failure for any reason to issue the Bonds.
7. The Authority hereby recommends that the City Council of the City of Norfolk,
Virginia, and the City Council of the City of Virginia Beach, Virginia, approve the issuance of the
Bonds and hereby directs the Executive Director to submit to such Councils at the appropriate time
2
the statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as
amended (the "Virginia Code"), a reasonably detailed summary of the comments expressed at the
public heating required by Section 15.2-4906 of the Virginia Code and held by the Authority, and a
copy of this resolution and any ratification hereofi
8. The Authority hereby designates Bonds in the aggregate principal amount of
$2,500,000 "qualified tax-exempt obligations" of the Authority for calendar year 2000 within the
meaning of the provisions of Section 265(b)(3) of the Code.
9. The Authority shall perform such other acts and adopt such further resolutions as
may be required to implement its undertakings as hereinabove set forth.
10. Unless this resolution is extended by the Authority, the bonds authorized hereunder
shall be issued within two years fi.om the date hereof.
11. The School shall agree to pay the Authority's administrative fee for issuing and
carrying the Bonds.
12. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by a majority
of the commissioners of the Norfolk Airport Authority at a meeting duly called and held on
October 26, 2000, and that such resolution is in full force and effect on the date hereofi
Dated: (~c.~ Xg, &ooo
~.~~ 0¢- Noff~olk ~irport
t~ssistant Secreta~,
Authority
#647256 vi
Exhibit E
. DISCLOSURE STATEMENT
Applicant's Name(s): Virginia Beach Friends School
All Owners (if different from applicant): N/A
Type of Application:
Rezoning: From To
Conditional Use Permit:
Street Closure:
Date:
November 21, 2000
Subdivision Variance:
Other: Bond issue through Norfolk Airport Authority
The following is to be completed by or for the Applicant:
1. If the applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
The following is to be completed by or for the Owner (if different from the applicant)
I. lfthe Owner is a CORPORATION, list all the officers of the Corporation: N/A
2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
VIRGINIA BEACH FRIENDS SCHOOL
Phyllis ~. Sullivan, Headmistress
#653105 vi
OFFICERS
Phyllis Sullivan Headmistress
BOARD OF TRUSTEES
Worth Pickering
Bob Warren
Diane Murdock
Charles R. Ansell
Louise Wilson
Marilyn Dembowski
Ben Brown
Tom Kennedy
Whitney Peace
Karen W. Forget
Chris Van Vleek
Don Lamb
Julia Hebner
#653104 vl
VIRGINIA
BEACH
EXHIBIT F
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www. virginia-beach.va.us/dept/econdev
E-mail ecdev@city, virginia-beach.va.us
NORFOLK AIRPORT AUTHORITY
$2,500,000 REVENUE BOND
(VIRGINIA BEACH FRIENDS SCHOOL)
The Authority recommends approval of the captioned financing. The financing will enhance
the level education in the City.
Exhibit G
FISCAL IMPACT STATEMENT
SUBMITTED TO
NORFOLK AIRPORT AUTHORITY
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant., in order to permit the City of Virginia Beach Development
Authority submission of the following information in compliance with Section 15.2-4907 of the
Code of Virginia of 1950, as amended, states:
Name of applicant: Virginia Beach Friends School
Facility: Campus of Virginia Beach Friends School
1.
2.
4.
5.
6.
Maximum amount of financing sought
Estimated taxable value of facility's real property to be
constructed in the locality
Estimated real property tax per year using present tax rates
Estimated personal property tax per year using present tax rates
Estimated merchant's capital tax per year using present tax rates
a. Estimated dollar value per year of goods that will be purchased
fi.om Virginia companies within the locality
b. Estimated dollar value per year of goods that will be purchased
fi.om non-Virginia companies within the locality
c. Estimated dollar value per year of services that will be purchased
fi.om Virginia companies within the locality
d. Estimated dollar value per year of services that will be purchased
fi.om non-Virginia companies within the locality
Estimated number of regular employees on year round basis
$2,500,000
Exempt
Exempt
Exempt
N/A
$ 200,000
$ 50,000
$ 80,000
$ 20,000
7. 5_0.0
8. Average annual salary per employee
$ 25,000
Dated: November 21, 2000
VIRGINIA BEACH FRIENDS SCHOOL
NORFOLK AIRPORT AUTHORITY
By:.
Chairman
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:,
Chairman
~47984 vi
2
Exhibit H
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY
REVENUE BOND
o
4.
5.
6.
PROJECT NAME:
LOCATION:
DESCRIPTION OF PROJECT:
AMOUNT OF BOND ISSUE:
PRINCIPALS:
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b. Is rezoning proposed:
c. If so, to what zoning classification?
Virginia Beach Friends School
1537 Laskin Road
Virginia Beach, Virginia 23451
Educational facilities
$2,500,000
See attached list of officers and trustees
Yes
N/A
No X
OFFICERS
Phyllis Sullivan Headmistress
BOARD OF TRUSTEES
Worth Pickering
Bob Warren
Diane Murdock
Charles R. Ansell
Louise Wilson
Marilyn Dembowski
Ben Brown
Tom Kennedy
Whitney Peace
Karen W. Forget
Chris Van Vleek
Don Lamb
Julia Hebner
#653104 vi
VIRGINIA
BEACH
Exhibit I
November 21, 2000
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www. virginia-beach.va.us/dept/econde v
E.mail ecdev~city, virginia-beach.va.us
Mr. Robert G. Jones
Chairman
Virginia Beach Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
Dear Mr. Jones:
It is the finding of the Department of Economic Development that the improvements
proposed for Virginia Beach Friends School located on Laskin Road will benefit the citizens of
Virginia Beach by providing additional educational facilities, and thereby meeting the public
purpose test.
I will be happy to answer any questions you may have after our meeting of November
Sincerely,
Mark R. Wawner
Project Development Manager
MRW:IIs
Item V-d.
- 28 -
PLANNING
ITEM # 47538
1.EDWIN $. EPSTEIN, MD
NONCONFORMING USE
2. TRUCK CENTER OF TIDEWATER, INC.
CONDITIONAL USE PERMIT
3. SUBURBAN CHRISTIAN CHURCH
CONDITIONAL USE PERMIT
4. WYCLIFFE PRESBYTERIAN CHURCH
CONDITIONAL USE PERMIT
5. ASSOCIATION FOR THE PRESERVATION OF
VIRGINIA ANTIQUITIES
CONDITIONAL USE PERMIT
6. VEHICLE RECYCLING SOL UTIONS, L.L.C.
CONDITIONAL CHANGE OF
ZONING
AND
CONDITIONAL USE PERMIT
7. REGENT UNIVERSITY
CHANGE OF ZONING
8. CITY OF VIRGINIA BEACH
AMEND COMPREHENSIVE PLAN/
RE Chesapeake Bay Preservation Act
and Floodplains
December 12, 2000
- 29-
Item V-J.
PLANNING
ITEM # 47539
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CounciI APPRO VED in ONE
MOTION Items 1,2, 3, 4, 5, 6 (AMENDED CONDITIONS), 7 and 8.
Item 6 was APPROVED, BY CONSENT, with AMENDED CONDITIONS.
Voting: 11- 0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Wilson DISCLOSED relative Item J. 5 (Association for the Preservation of Virginia
Antiquities) she is on the Board for the Lynnhaven House. This position is totally voluntary and she receives
no compensation. The City Attorney has advised Council Lady Wilson is able to participate in City Council's
discussion and to vote on the application fairly, objectively and in the public 's best interest.
December 12, 2000
Item V-J. 1.
- 30-
PLANNING
ITEM # 4 7540
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Resolution for an expansion of a nonconforming use to allow enlargement and improvements upon
application of EDWIN S. EPSTEIN, MD:
Application of Edwin S. Epstein, MD, for an enlargement in a
nonconforming use on property located at the southwest corner of 6ffh
Street and Ocean Front Avenue (GPIN #2419-81-1615-0102). Said
parcel is located at 106 60'~ Street (Unit 106B) in the R-SR Residential
Resort District, containing 8, 750 square feet (L YNNHA VEN- DISTRICT
5).
The following conditions shall be required:
The structure, as enlarged, will conform to the site plans and
renderings entitled "Epstein Residence, 106 60,~ Street, prepared
by Folck, West & Savage Architects, dated: 9-12-00", a copy of
which had been exhibited to the City Council, and is on file in
the Planning Department.
The structure shall be used only as single family dwelling, and no
modifications, except those shown on the plans referenced in the
previous condition, shall be made.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING SINGLE-FAMILY DWELLING ON
PROPERTY LOCATED AT 106 60TM STREET, IN THE
DISTRICT OF LYNNHAVEN
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12
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14
15
16
17
18
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21
22
23
24
25
26
27
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29
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WHEREAS, Edwin Epstein (hereinafter the '~Applicant") has
made application to the City Council for authorization to enlarge
a nonconforming single-family dwelling situated on a certain lot or
parcel of land having the address of 106 60th StrEet, in the R-5R
Residential Resort District; and
WHEREAS, the said single-family dwelling is a
nonconforming use, in that there are two such dwellings on the same
lot; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the enlargement of a nonconforming structure is unlawful
in the absence of a resolution of the City Council authorizing such
enlargement upon a finding that the proposed structure, as
enlarged, will be equally appropriate or more appropriate to the
zoning district than is the existing structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
structure, ~s enlarged, will be equally appropriate to the district
as is the existing structure.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of the single-family
dwelling is hereby authorized, upon the following conditions:
1. That the structure, as enlarged, shall conform to
the site plans and renderings entitled ~Epstein Residence, 106 60th
Street" prepared by Folck, West and Savage Architects, dated 9-12-
31
32
33
34
35
36
37
00, a copy of which has been exhibited to the City Council and is
on file in the Planning Department; and
2. That the structure shall be used only as a single-
family dwelling, and no modifications except as shown on the plans
referenced in the previous condition, shall be made.
Adopted by the Council of the City of Virginia Beach on
the 12 day of December, 2000.
38
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41
CA~7934
wmmm/ordres/epstein, res
R-2
Decembe~ 1, 2000
42
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45
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APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
Department of Law
2
EXPANSION OF A NON-CONFORMING USE
EDWIN EPSTEIN (106 60TM STREET)
GENERAL INFORMATION
Site Location: 106 60th Street, Lynnhaven District
Request:
Enlargement of a non-conforming structure in the R5R Residential
Resort District. The applicant seeks to enlarge and modify an existing
single family residential dwelling.
The following four primary changes are proposed:
Adding a second story to the existing 1-1/2 story single family
home. The proposed second story will provide for an additional
1525 square feet of living space.
· Adding a 16'2" wide by 16' long garage onto the front of the
existing dwelling.
· Removing the existing front porch, and adding a new porch and a
second story deck is proposed atop the proposed porch.
· Adding an elevated brick terrace and rear entrance to the dwelling
on the southern side.
In addition to the changes noted above, the applicant intends to replace the existing
vinyl siding with a vinyl cedar shake exterior siding, add decorative railings, and replace
existing windows and doors.
Purpose:
To enhance the livability of the existing single-family home.
Site Plan:
The applicant has submitted a site plan that depicts the changes noted
above.
Site History:
The subject property is improved with two single family homes that
have been conveyed to separate owners through the establishment of
condominium documents. Because the dwelling units are separate,
without any common wall, on one lot, the Zoning Administrator has
determined that it does not conform to the City Zoning Ordinance.
The City Zoning Ordinance provides for either single family dwellings
or duplexes on the site. If there were a common wall, with a minimum
of 100 square feet of enclosed area connecting the existing structures,
the project would conform to the City Zoning Ordinance use
provisions.
The applicant appeared before City Council on November 9, 1999 for
an enlargement to a nonconforming structure on the subject site. A
second story addition, a carport, and a two story open porch were
proposed as alterations and additions to the existing structure. City
Council approved the request as submitted. The applicant wishes to
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 1
Site Size:
Zoning:
modify the previous approval with this request.
4,375 square feet of this 8,750 square foot parcel.
R5-R Residential Resort District
Surrounding Land Use and Zoning:
All of the immediate surrounding properties are improved with either single-family
homes or duplexes. The area is zoned R-5R Residential Resort District. Property
located to the south is zoned H-1 Hotel and is improved with the Ramada Inn 57th
Street.
Zoning History:
On November 19, 1979, City Council denied a variance request to divide the subject
property. The requested variance to section 4.4(b) of the Subdivision Ordinance, if
approved, would have provided for the subject parcel to be divided into two separate
residential lots, neither of the two lots would have met the minimum lot area requirements
for the R-5R Residential Resort District. Conditional use permits have been granted in
the area to allow for the placement of cellular antennas atop the existing Ramada Inn
structure. On November 5, 1984, and again on March 9, 1987, City Council granted use
permits to allow decks to be added onto beach cabanas located on the oceanfront at
59th Street. On September 24, 1991, City Council denied a request to enlarge a garage
apartment on property located to the south. On November 9, 1999, this body approved
an application for an enlargement to a nonconforming use for this structure. The
applicant wishes to modify that request with this application. On August 22, 2000, City
Council approved an application for an enlargement to a nonconforming use for the
adjacent structure.
COMPREHENSIVE PLAN
The Comprehensive Plan land use map designates this site for medium density
residential use.
PUBLIC SERVICES AND FACILITIES
Water and Sewer: The existing dwelling is served by city water and sewer.
Fire Protection: Adequate
Police Protection: Adequate
EVALUATION
The requested enlargement of the non-conforming dwelling is acceptable as proposed.
The City Zoning Ordinance permits development of the subject site with either a single-
family home, or a duplex structure. The proposed expansion will not affect the overall
density opportunities for the site and will not result in any significant change in the
property's use. The improvements will be in keeping with the character of the existing
homes located in the area. The enlargement and alterations of the existing structure will
not result in any significant amount of additional impervious cover on the site. The
proposed addition will enhance the architectural appeal of the existing structure, and the
livability of the dwelling. The proposed enlargement is equally appropriate or more
appropriate to the district than is the existing nonconformity, and the proposal is
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 2
recommended for approval subject to the conditions listed below.
CONDITIONS
The structure, as enlarged, will conform to the site plans and renderings entitled
"Epstein Residence, 106 60th Street, prepared by Folck, West & Savage
Architects, dated: 9-12-00, a copy of which had been exhibited to the City Council,
and is on file in the Planning Department.
The structure shall be used only as single family dwelling, and no modifications,
except those shown on the plans referenced in the previous condition, shall be
made.
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 3
Map L-4
Hap Nat t.o Scale
Edwin
S. Epstein, MD
Change in Nonconforming Use
Gpin 2419-81-1615-0102
II
NORTH
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 4
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 5
Edwin Epstein, Non-Conforming Use, December 12, 2000 Page 6
- 31 -
Item V-J.2.
PLANNING
ITEM # 4 7541
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of TR UCKCENTER OF TIDEWATER, INC.,for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TRUCKCENTER OF
TIDEWATER, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK
STORAGE YARD R012005017
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Truckcenter of Tidewater, Inc., for a
Conditional Use Permit for a bulk storage yard on the east side of South
Military Highway, north of Alexandria Avenue (GPIN #1456-27-9020).
Said parcel is located at 728 S. Military Highway and contains 20, 03 7. 6
square feet CENTER VILLE - DISTRICT 1
The following conditions shah be required:
1. No more than twenty (20) semi-trucks shall be stored on the site.
A six foot (6') high woodprivacyfence shah be installed between the
existing building and the chain-link fence along the southern
property line for screening of the storage area from Military
Highway. A portion of the fence, of the same material and style, may
be constructed to provide for a gate into the storage yard area, as
noted on the site plan entitled, "Truckcenter of Tidewater "Military
Highway, Virginia Beach, VA and dated 8-22-00. The gate shah be
closed at aH times unless a vehicle is entering or leaving the storage
area.
The applicant must request and obtain a deferral for on-site
improvements (i.e., curbing, guttering, all-weather surface) from the
Director of Planning.
4. This Conditional Use Permit will be valid for a period of one (1)
year from the date of approval of City Council.
5. Category VI landscape screening will be required, unless a
variance from the Board of Zoning Appeals is granted.
This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
Item V-J. 3.
- 32 -
PLANNING ITEM # 47542
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of SUBURBAN CHRISTIAN CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SUBURBAN CHRISTIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R012003018
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Suburban Christian Church for a
Conditional Use Permit for a Church on the northwest and southwest
corners of Bellamy Manor Drive and Meighan Drive (GPIN #1466- 74-
2221; #1466- 74-0341; #1466- 73-1984; #1466- 73-0958; #1466- 73-1813;
#1466-63-9898). Said parcel is located at 5132 Bellamy Manor Drive
and contains 3.328 acres (KEMPSVILLE- DISTRICT 2
The following conditions shall be required:
The site shall be developed substantially in accordance with the
submitted siteplan titled, "Master Plan -Phase One, Phase Two
and Phase Three Alterations and Additions to Suburban
Christian Church "prepared by Pentecost, Deal & Associates,
Inc., Architects, dated 9/15/00.
The building shall be constructed substantially in accordance
with the submitted elevation titled, "Master Plan - North and
South Elevations Alterations and Additions to Suburban
Christian Church ", prepared by Pentecost, Deal & Associates,
Inc., Architects, dated 9/15/00. The building materials shall
substantially conform to the building materials of the existing
church building.
The office trailer located on the main church site shall be
removed upon completion of the "educational space addition,"
shown as part of Phase One.
Foundation screening shall be installed along the building walls
parallel to Lobaugh Drive and Meighan Drive upon completion
of the education wing. Existing foundation screening, if any, may
be utilized to meet requirements. Foundation screening shall be
installed along the building wall parallel to Bellamy Manor
Drive upon completion of the "sanctuary addition" shown as
part of Phase Two.
Street frontage landscaping shall be installed on the southwest
parcel, along Bellamy Manor Drive, Meighan Drive and
Providence Road, during Phase One.
6.
Category IV screening shall be installed on Lot 19 (the gravel
parking area) next to Lot 20 to screen the existing single family
dwelling during Phase One.
This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
December 12, 2000
Item V-d.$.
- 33 -
PLANNING
ITEM # 47542 (Continued)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
Item V-~4.
- 34 -
PLANNING
ITEM # 4 7543
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of WYCLIFFE PRESBYTERIAN CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WYCLIFFE PRESBYTERIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R012003019
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon the application of Wycliffe Presbyterian Church for a
Conditional Use Permit for a chruch addition at the southwest corner of
North Great Neck Road and Millwood Road (GPIN #2408-09-8544;
#2408-09-8206; #2408-09-8206; #2408-09-9021). Saidparcel is located
at 1445 North Great Neck Road and contains 8. 31 acres. L YNNHA VEN-
DISTRICT 5
The following conditions shall be required:
Land disturbance for the addition shall be kept at a minimum.
Any removal of existing mature trees shall be replaced at a 3:1
ratio. The replacement trees shall be a minimum 2-1/2" to 3"
caliper.
The building addition shall be constructed substantially in
accordance with the submitted elevation titled, "WYCLIFFE
PRESBYTERIAN CHURCH, Virginia Beach, Va. ", dated 22
August 2000, prepared by Tymoss & Moss Architects, that is on
file in the City of Virginia Beach Planning Department.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
- 35 -
Item V-J. 5.
PLANNING
ITEM # 4 7544
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of THE ASSOCIATION FOR THE PRESERVATION OF VIRGINIA
ANTIQUITIES for a Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF THE ASSOCIATION FOR THE
PRESER VA TION OF VIRGINIA ANTIQUITIES FOR A CONDITIONAL
USE PERMIT R012003020
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of the Association for the Preservation of
Virginia Antiquities for a Conditional Use Permit for a private museum
on the south side of Wishart Road, west of Bailewick Drive (GPIN
#14 78- 76-0560; #14 78- 76-0261; #14 78- 76-2228). Saidparcel is located
at 4405 Wishart Road and contains 4.9 acres. BAYSIDE - DISTRICT 4
The following conditions shah be required:
The site shah be developed and landscaped substantially in
accordance with the submitted site plan entitled, "Conceptual
Site Layout and Landscape Plan of Lynnhaven House Education
Center, Lynnhaven House on Wishart Road, Virginia Beach,
Virginia," by MSA P.C., dated 09/15/00, on file in the
Department of Planning.
The building to be constructed on the site shah substantially
conform to the building elevations on file in the Department of
Planning entitled, "Lynnhaven House Educational Center,
Virginia Beach, Virginia, Elevation, "dated 08/14/00.
o
Parking lot lighting and flxtures should be of a pedestrian scale,
low in height, to minimize any potential adverse impact on the
residential character of the area..
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
~ting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Wilson DISCLOSED she is on the Board for the Lynnhaven House. This position is totally
voluntary and she receives no compensation. The City Attorney has advised Council Lady Wilson is able to
participate in City Council's discussion and to vote on the application fairly, objectively and in the public ' s
best interest.
Item V-J. 6.
December 12, 2000
- 36-
PLANNING ITEM # 47545
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of VEHICLE RECYCLING SOLUTIONS, L.L. C for a Conditional Change
of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING
SOLUTIONS, L.L.C. FOR A CHANGE OF ZONING FROM I-1 TO
CONDITIONAL I-2 ZO12001189
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Vehicle Recycling Solutions L.L. C. for a
Change of Zoning District Classification from I-1 Light Industrial
District to Conditional 1-2 Heavy Industrial District at the northeast
intersection of Sykes Avenue and Southern Boulevard (GPIN #2417-14-
9602; #2417-234-3655). The proposed zoning classification change to
Conditional 1-2 is for industrial land use. The Comprehensive Plan
recommends use of this parcel for appropriately located industrial and
employment support uses in accordance with other Plan policies. Said
parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEA CH
- DISTRICT 6
The following condition shah be required:
1. Agreement encompassing proffers shah be recorded with the
Clerk of the Circuit Court (DELETE PROFFER #3)
ORDINANCE UPON APPLICATION OF VEHICLE RECYCLING
SOLUTIONS L.L.C. FOR A CONDITIONAL USE PERMIT FOR THE
STORAGE OR PROCESSING OF SALVAGE, SCRAP, OR JUNK
(AUTOS) RO1200S021
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Vehicle Recycling Solutions L.L. C. for a
Conditional Use Permit for the storage or processing of salvage, scrap,
or junk (autos) at the northeast intersection of Sykes Avenue and
Southern Boulevard (GPIN #2417-14-9602; #2417-234-3655). Said
parcel is located at 1 O0 Sykes Avenue and contains 23.52 acres. BEACH
- DISTRICT 6.
The following conditions shah be required:
The applicant must obtain approval from the Board of Zoning
Appeals to use chain link fencing in lieu of solid fencing along
the perimeter of the property.
2. The applicant must obtain approval from the Board of Zoning
Appeals for the 8' height of the metal fence.
The limits of the Resource Protection Area on the site are
approximate and have not been field verified. The proffered plan
shows all improvements, including the stormwater management
facility, landward of the Resource Protection Area. If the limits
of the Resource Protection Area are moved further west and/or
south as a result of the field verification, the vehicle storage area
(labeled customer access area on the plan) will be reduced and
the stormwater management facility will be modified to keep all
improvements landward of the Resource Protection Area.
If the stormwater management facility is required to be expanded
beyond the area shown on the site plan during detailed site plan
review, the expansion must be made on the western side of the
facility.
Item V-J. 6.
December 12, 2000
-37-
Item V-J. 6.
PLANNING
ITEM # 47545 (Continued)
The Resource Protection Area on the site must remain
undisturbed and kept in its natural state, except that all junk and
debris must be removed.
6. Inoperable vehicles shah not be stored in customer parking area.
The development and use of the property shah be materially as
shown on the submitted site plan. Modifications to the plan may
be made to comply with requirements of the remaining conditions
of this use permit. Such modifications shah be submitted to the
Director of Planning for his or her review and approval.
A revised site plan shah be submitted as provided by Condition
7 showing no new buildin£s within the westerly 300 feet of the
23.52 acre site, shown on the plan as being "Area reserved for
future construction of proposed SE Expressway." Any
improvements to the site within this area, excluding buildings but
including the parking area shown onthe submitted site plan, shah
be abandoned and new facilities shah be constructed outside of
the reservation area at the applicant's expense within 180 days
of notification by the City of Virginia Beach to abandon such
improvements for the purpose of accommodating the construction
of the Southeastern Parkway and Greenbelt. The City shah not
be required to bear any of the cost of the value of the original
improvements, including the parking lot, within the reservation
area.
Prior to the approval by the City of a site plan submitted in
accordance with Appendix C of the City Code (Site Plan
Ordinance), the applicant and the City of Virginia Beach shah
determine a purchase price for the area shown on the submitted
plan as being "Area reserved for future construction of proposed
SE Expressway." Such price shah be determined by calculating
the developable acreage of the site and applying to that acreaee
the purchase price per acre for the property paid by the
.a. ppHcant to the current owner. This price shah be binding for
ft period of five (5) years during which time the Ci~ may
pt4rchase from the owner thq portion of the property desienated
Cs "Area reserved for future construction of the proposed SE
Expressway." In addition to the agreed upon price for the
reservation area, the owner of the property reserves the right to
.hq.ye taken into account all applicable factors, including, but not
,limited to, the diminution of value to the residual portion of the
property.
These Ordinances shah be effective in accordance with Section 107 (./) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
F'OFtM ~0. F'.S. lB
City of Virginia Ftcach
co R[sPo uc
In Reply Refer To Our File No. DFo5254
DATE:
TO: Leslie L. Lilley DEPT:
FROM: William M. Macali iAfiA~ DEPT:
Conditional Zoning Application
November 15, 2000
City Attorney
City Attorney
Vehicle Recycling Solutions, L.L.C. and Coley R. Brickhouse
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 28, 2000. I have reviewed the subject proffer agreement,
dated September 25, 2000, and have determined it to be legally sufficient and in proper
legal form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
AGREEMENT
AMONG
VEHICLE RECYCLING SOLUTIONS, L.L.C.,
a Virginia limited liability company
(Grantor for indexing purposes);
COLEY R. BRICKHOUSE
(Grantor for indexing purposes); and
CITY OF VIRGINIA BEACH
a municipal corporation of the Commonwealth of Virginia
(Grantee for indexing purposes)
Dated September 25, 2000
GPIN #2417-14-9602
GPIN #2417-24-3655
PREPARED BY.~___.~._.~.'
McGuireWoods LLP
9000 World Trade Center
Norfolk, VA 23510
Attn: Glenn W. Hampton
William Macali
City Attorney's Office
City Hall Bldg. #1, Room 260
Virginia Beach, VA 23456
THIS AGREEMENT, made this 25~ day of September, 2000, by and between
VEHICLE RECYCLING SOLUTIONS, L.L.C., a Virginia limited liability company
("Vehicle Recycling"), contract purchaser of the property described on Exhibit A attached hereto
and, COLEY R. BRICKHOUSE, CBrickhouse"), the owner of the property described on
Exhibit A attached hereto~ and the CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia. For purposes of recordation and ease of reference Vehicle
Recycling and Brickhouse are hereby referred to collectively as the "Grantors", and the City of
Virginia Beach is hereinafter sometimes referred to as the "Grantee".
WITNESSETH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Grantors' property from I-1 to I-2 Conditional on certain property which contains a total of
23.5 acres, more or less, located in the Beach Election District of the City of Virginia Beach,
Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including retail purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior
to the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing I-2 zoning districts by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions have been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation, of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the Property at the time of recordation of such instrument; provided, however, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
2
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the use of the
Property and hereby covenant and agree that these Proffers shall constitute covenants running
with the said Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees
and other successors in interest or title, namely:
The following uses, otherwise designated as a principal use in an I-2 zoning
district, shall not be allowed under this 1-2 Conditional zoning:
(a)
lb)
(c)
(d)
(e)
Facilities for construction, maintenance and repair of vessels;
Military installations;
Piers, wharves and docks;
Ship supply establishments and facilities;
Wholesale and retail establishments dealing primarily in bulk materials
delivered by ship, or by ship and railroad or ship and railroad or ship and
struck in combination.
The following uses, otherwise designated as a conditional use in an I-2 zoning
district, shall not be allowed under this 1-2 conditional zoning:
(a)
(b)
(c)
(d)
Explosives manufacturing, storage and distribution;
Passenger vessels permitted by U.S. Coast Guard regulations to carry
more than one hundred forty-nine (149) passengers and used for
commercial purposes;
Petroleum processing; and
Solid waste management facilities.
With regard to the development and use of the Property which is the subject of the
change in zoning classification as set forth in the requested conditional
amendment to the Zoning Map, such development and use shall be materially as
~hown on the site plan attached to such request and as finally approved. The
Grantors acknowledge that the Grantee may, at any time within five (5) years of
the approval of the requested conditional amendment to the Zoning Map,
purchase from the owner of the Property, that portion of the Property which is
designated as reserved for the future construction of the proposed Southeastern
Expressway. Such purchase of land by Grantee shall be on terms and for a price
that will be deemed to be just compensation to the owner of the Property, taking
into account all applicable factors, including but not limited to, value of the
portion of the Property acquired by Grantee and the diminution of value to the
residual portion of the Property.
Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City codes by all cognizant City agencies and departments to meet
all applicable City code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation
of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the (~ircuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said instrument
is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, al~er a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall
be void.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance With such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
4
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
VEHICLE RECYCLING SOLUTIONS, L.L.C.
Coley R. Brickhouse
STATE OF VIRGINIA
CITY/COU~,iTY OF
, to-wit:
The foregoing instrument was acknowledged before me by ../z~/*qv/~. ~./~,~/3~/L, as
Dq 6- t~ of Vehicle Recyclingr~.olutions, L.L.C., a Virginia limited
liability company on behalf of said company this ,gb-~lay of September, 2000.
My Commission Expires:
Notary Public
STATE OF VIRGINIA ~ L
CITY/COUNTY OF /_.~, o~sae, m~ _ , to-wit:
%
The foregoing instrument was ~~/~~~_.
acknowledged befor e b ole .
day of September, 2000.
Notary,Public
My Commission Expires: _ g ('~ '~ 06) ~
Brickhouse, this__
5
EXHIBIT A
All those certain pieces or parcels of land, with the buildings and improvements
thereon, situate, lying and being in the City of Virginia Beach, State of Virginia,
known and designated as Parcel 'X' and Parcel 'Y' as shown on that certain plat
entitled "Resubdivison of Part of Lots 54, 55 & 56 and All of Lots 57 and 58, Plat
of Oceana Gardens Lynnhaven Borough-Virginia Beach, Virginia, for Edna Y.
Tabor & Jeanne S. Allen" which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 185, at page
54.
It being a part of the land conveyed to Edna Y. Tabor and Jeanne S. Allen by deed
of Tidewater Marine Investment Corporation, formerly Tidewater Used Auto
Parts, Inc., dated March 24, 1978, recorded in the aforesaid Clerk's Office in Deed
Book 1765, at page 791.
U:\UWRENCHIT~proffer agreem~-nt 2.doc
6
Item V-J. 6.
PLANNING
Upon motion by Vice Mayor Sessoms,
- 38 -
ITEM # 4 7546
seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of REGENT UNIVERSITY for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF REGENT UNIVERSITY FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D
to 0-2 Z012001190
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
Ordinance upon application of Regent University for a Change of Zoning
District Classification from R-5D Residential District to 0-2 Office
District located on the on the west side of Centerville Turnpike, south of
Indian River Road. The proposed zoning change to 0-2 is for office land
use. The Comprehensive Plan recommends use of this parcel for
suburban residential with medium and high densities that are compatible
with single family use in accordance with other Plan policies. Said
parcel contains 9.432 acres. CENTERVILLE- DISTRICT 1
VIRGINIA
These Ordinances shall be effective in accordance with Section 107 0~) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December, Two Thousand
Voting:
I1-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
- 39-
Item V-J. 7.
PLANNING
ITEM # 47547
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council/IDOPTED
Ordinance upon application of the CITY OF VIRGINIA BEACH to ,4MEND the Comprehensive Plan re
Chesapeake Bay Preservation Act and Floodplains,
Ordinance to AMEND the Comprehensive Plan by the addition and
revision of provisions pertaining to groundwater resources.
The City Manager shah schedule a Briefing early in 2001 re groundwater, water quality USGS Shallow
Ground Water Study, inventory of private wells, inventory of private residential above and underground
storage tanks for petroleum products, monitoring safe regulatory efforts, the use of septic tanks and "water
to air" system.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN BY THE ADDITION
AND REVISION OF PROVISIONS
PERTAINING TO GROUNDWATER RESOURCES
10
11
12
13
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach
be, and hereby is, amended and reordained by the addition of the
underlined portions, and the deletion of the stricken portions, of
the attached excerpts from the Comprehensive Plan (Pages 51, 186,
187, 193 - 200, 247, 249, 250-A, 250-B and 250-C), the same being
labelled "Virginia Beach Comprehensive Plan, November 4, 1997," and
having been exhibited to the City Council on this day.
14
15
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 121 day of DECEMBER , 2000.
16
17
18
19
CA-7904
wmm~ordres~gndwtramds.ord
R-1
November 8, 2000
Item V-K.I.
APPOINTMENTS
- 40-
ITEM # 4 7548
B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HEAL TH SER VICES AD VISOR Y BOARD
HUMAN RIGHTS COMMISSION
December 12, 2000
Item V-K.2.
- 41 -
APPOINTMENTS
ITEM # 4 7549
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Stephen W. Burke
Gerald S. Divaris
Eric A. Hauser
Donald L. Maxwell
Meyera E. Oberndorf
I-Year Term
1/1/01 - 12/31/01
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting: 11- 0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
Item V-K. 3.
- 42 -
APPOINTMENTS
ITEM # 4 7550
Upon motion by Vice Mayor Sessoms, City Council NOMINATED:
Vicki E. Short, Family Member
Unexpired thru 12/31/02
Helen P. Shropshire
1/1/01 - 12/31/03
COMMUNITY SER VICES BOARD
(to be appointed 01/02/01)
lin accordance with Virginia State Code, Section 3 7.1-195, information
on the above proposed appointees is available in the Office of the City
Clerk]
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
Item V-K. 4.
- 43 -
APPOINTMENTS
ITEM # 4 7551
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Mary Paul Tinney
4- Year Term
1/1/00- 12/31/03
SENIOR SER VICES OF SOUTHEASTERN VIRGINIA [SEVAMP]
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
- 44 -
Item V-K. 5.
APPOINTMENTS
ITEM # 4 7552
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Frederick J. Napolitano (Board of Directors)
5-Year Term 1/1/00 - 12/31/04
VIRGINIA BEACH FOUNDATION
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 2000
Item V-M. 1.
- 45 -
NEW BUSINESS
ITEM # 4 75521
B Y CONSENSUS,
CITY CLERK TO RECORD, BY CONSENSUS, the ABSTRACT OF
CIVIL CASES RESOLVED - November 2000
December 12, 2000
- 46-
ITEM # 4 7554
Mayor 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 following purpose:
LEGAL MATTER& Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Contractual Issues - Sportsplex
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed
into CLOSED SESSION (2:24 P.M.)
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
(Time of Closed Session: 2:24 P.M. to 3:19 P.M.)
December 12, 2000
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CER TIFICA TION 0 F
CLOSED SESSION
ITEM # 4 7555
Mayor Oberndorf RECONVENED the Formal Session in the in the Council Conference Room, City Hall
Building, on Tuesday, December 12, 2000, at 3:19 P. M.
Upon motion by Councilman Jones, seconded by Councilman Harrison, 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 certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndor. f,, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 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 # 47554, Page 46, 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 me. mber'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
Virsinia Beach City Council.
A~ath Hodges Smith, MMC
City Clerk
December 12, 2000
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Item V-N.
ADJOURNMENT
ITEM # 4 7556
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:20 P.M.
Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 12, 2000