MAY 22, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, 11I, Beach -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvdle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Cay Manager
LESLIE L LILLEY, C~ty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEA CH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ctty vtrgtnta-beach va us
May 22, 2001
I. CITY MANAGER'S BRIEFING
- Conference Room -
2:30 PM
o
REDISTRICTING
Leslie L. Lilley, C~ty Attorney
Kimball Brace, President, Elect~on Data Services
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
4:00 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-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Stewart Saul
Christ Presbyterian 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
Fo
MINUTES
o
INFORMAL & FORMAL SESSIONS
FORMAL SESSION
May 08, 2001
May 15, 2001
Go
AGENDA FOR FORMAL SESSION
The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered
tn the or&nary course of bustness by Ctty Council to be enacted by one motion.
H. PUBLIC HEARINGS
1.
°
AGRICULTURAL PRESERVATION PROGRAM (ARP)
a. John W., Jr. and Elizabeth W. Cromwell
b. Kenneth R. and Sharon L. Golesh
ELECTION PRECINCT and POLLING PLACE - Shelton Park
ORDINANCES/RESOLUTIONS
o
Ordinances to AUTHORIZE the acqmsltion of Agricultural Land Preservation Easements
(ARP) and the issuance of its contract obhgations: (DISTRICT 7 - PRINCESS ANNE)
ao
John W., Jr. and Elizabeth W. Cromwell - $1,205,434 for 130.40 acres
Installment Purchase Agreement No. 2001-35
b°
Kenneth R. and Sharon L. Golesh - $102,787 for 25.07 acres
Installment Purchase Agreement No. 2001-36
.
Ordinance to AMEND {}10-1 of the C~ty Code BY ADDING a new election precinct,
Shelton Park, and a new polling place, Shelton Park Elementary School at 1700 Shelton
Road (DISTRICT 4 - BAYSIDE)
.
Ordinance to ACCEPT and APPROPRIATE a $259,694 grant from the V~rglma
Department of Social Serwces to the FY 2000-01 operating budget of the Virginia Beach
Department of Social Servmes re enhanced employment services; increase full-t~me
employees by one; and, increase the estimated revenue from the Commonwealth accordingly.
.
Ordinance to ACCEPT and APPROPRIATE a $100,000 grant from the Virginia
Department of Conservation and Recreation to the Pocahontas Village Drainage project,
re water quality improvement costs; authorize the C~ty Manager to execute the agreement
for acceptance of the Water Quality Improvement Fund grant; and, increase the estimated
revenue from the Commonwealth accordingly.
.
Ordinance to TRANSFER $229,969 within the FY 2000-01 Virginia Beach Court Sermce
Unit operating budget; and, TRANSFER $597,676 from the General Fund Reserve for
Contingencies - Juvenile Detention to the FY 2000-01 operating budget of the Virginia
Beach Court Service Unit re full funding of the juvenile non-secure, outreach detention
and group home services.
,
Ordinance to authorize a temporary encroachment into a portion of the City's variable
width impoundment easement, designated as "LAKE", at the rear of 2116 B~erce Drive by
BRIAN C. and LORI S. MOUM, re constructing and mmntalmng a marginal wharf, along
an existing bulkhead (DISTRICT 7 - PRINCESS ANNE).
.
Resolution to authorize the issuance and sale of $48,500,000 General Obligation Public
Improvement Bonds, Series of 2001, of the City of Vlrglma Beach, heretofore authorized,
for various capital improvements.
o
Resolutions to request the Vlrglma Department of Transportation (VDOT) establish urban
system highway projects; and, that the City pay its share of the total costs:
Improvements to Newtown Road from Pnncess Anne Road to Virginia Beach
Boulevard, and a comdor study to be conducted in the design process
bo
Improvements to Salem Road from Elbow Road to North Landing Road, including
a corridor study to be conducted in the design process
Co
Improvements to the Sandbridge Road Corridor consisting of Princess Anne Road
from General Booth Boulevard to the intersection of Upton Drive/Sandbrldge Road
from the intersection of Upton Drive/Princess Anne Road to Sandfiddler Road, and
including improvements to Lotus Drive
do
Improvements to Shore Drive from First Court Road to the western approach of the
Lesner Budge (Shore Drive - Phase I)
o
Resolution referring to the Planning Commission proposed amendments to § 502 of the City
Zoning Ordinance (CZO)re dimensional requirements in residential zoning districts
(Requested by Councilman William W. Harrison, Jr.)
10. License Refunds: $116,434.44
J. PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
o
RECONSIDERATION: Applications of BILLY W. CHAPLAIN on the west side of
Washington Avenue, south of Virginia Beach Boulevard (849 and 853 Virginia Beach
Boulevard) (DISTRICT 6- BEACH) DENIED March 27, 2001:
a°
Change of Zoning District Classification from A-12 Apartment District and RT-3
Resort Tourist District to Condatlonal B-2 Communi _ty Business District, containing
23,850 square feet.
b. Conditional Use Permit for a bulk storage yard, containing 19,000 square feet.
Deferred:
Denied:
February 13, 2001, February 27, 2001 and March 13, 2001
March 27, 2001
.
Application of SEA ESCAPE CORPORATION for a Modification of Conditions placed
on the December 6, 1994, approved apphcation for Change of Zoning District Classification
from RT-I to Conditional Change of Zoning District Classification RT-2 at 1609 Atlantic
Avenue to allow a business office and studio, containing 15,000 square feet (DISTRICT 6 -
BEACH)
Recommendation: APPROVAL
9. Ordinances to AMEND the City Zoning Ordinance (CZ.O):
a. § 103 re Zoning Verification Letter fees.
b. § 106 re increase in Board of Zoning Appeals' fees.
No action is necessary. The amendments were acted on at the May 15 meeting.
(This publication is to comply with legal advertising)
K. APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
PARKS & RECREATION COMMISSION OPEN SPACE Sub-Committee
PLANNING COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF LEGAL CIVIL CASES - Resolved by the City Attomey- April 2001
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)
05/17/01BAP
AGENDA\05-22-01 .PLN
www.vlrginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~ma
May 22, 2001
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re REDISTRICTING
of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on
Tuesday, May 8, 2001, at 2 30 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera
E Oberndorf, Nancy K Parker, Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr [Representtng chent/Chesapeake Ctty Counctl]
-2-
MA YOR 'S COMMENTS
2:30 P.M.
ITEM it 48168
Mayor Oberndorf referenced
Exhibition Softball Game
City of Virginia Beach Relay for Life
versus
Channel 13
Saturday, May 19, 2002
9:00 A.M.
City View Park
Jack Dowdy and Terry Zahn Memorial Softball Game
Mayor Oberndorf extended apprectatton to all who parttctpated Vtrgtnta Beach won 6-2 Counctlman
Man&go suffered a broken nose and had four stttches, when he was htt tn the face by the softball $8,100
was ratsed When they arrtve on the scene, the Rescue Squad wore purple gloves, the same color as the
Ctty's team shtrts Phtlhp Kellam, Commtsstoner of the Revenue, was also hit tn the mouth by the ball The
Ctty Manager, James Spore, caught a beauttful fly ball He ts a great athlete Mayor Oberndorf was amazed
when she made a htt Counctl Lady Parker &splayed a ptcture of herself tn the outfield They were the
"angels in the outfield"
May 22, 2001
-3-
CITY MANAGER'S BRIEFING
REDISTRICTING
ITEM # 48169
The City Attorney advtsed Vtrgtnta Beach Ctty Counctl created the Electron Dtstrtcts approxtmately 3 ~
years ago The Ctty must perform redistricting every ten years followmg the nattonal census The
boundartes of the Dtstrtcts must be adjusted to reflect equal populatton as per the findmgs of the Census
Ktmball Brace, President - Electron Data Servtces, asststed wtth the Ctty's prevtous Dtstrtcttng process
The Ctty ts now faced wtth redistricting Mr Brace has been engaged to asstst the Ctty A number of
jurtsdtcttons must redestrtct prtor to November Vtrgmta Beach's Plan must be tn place prtor to the May
2002 electrons Asststant Ctty Attorney Larry Spencer wtll be assembhng the pre-clearance package for
submtsston to the Justtce Department
Mr Brace advtsed the Census Bureau has released tts populatton data For the redistricting process, thts
was the "opentng gun" As a result, states and local governments have been compthng and revtewmg thts
data to determtne how tt fits wtth the Dtstrtcts tn extstence Mr Brace dtstrtbuted three charts and three
maps African American, Hispanic and Asian Concentration, The total populatton tn Vtrgtnta Beach ts
425,257 The Census data was taken at the Census Block level (the smallest level of geography at whtch
the Census Bureau reports data) In urbantzed areas, tn many mstances, this ts hke a Ctty block, however,
tn more rural areas, thts ts determmed by vtstble features t e a road, a railroad, stream, htgh power hne
Thts data has been comptled for the seven chstrtcts wtthm the Ctty By stmple chvtston, an Meal cltstrtct stze
would be 60, 751 Thts ts the target for each of the seven (7) residency Districts Under Court Order, there
ts an exceptable wmdow For local governments, courts have allowed a devtatton of lO%, which equates
to 6, 0 75 (a 5 % above and 5 % below) Applymg th ts would result tn a wtndow stze of 63, 789 down to 5 7, 713.
The Ctty wtll attempt to get each of the 7Districts wtthtn thts "wmdow" Generally, whtle local governments
have been allowed thts leeway, a number of attorneys have advtsed tt ts best to get as close as possible to
alleviate the potential of a challenge tn terms of "one person - one vote" There have been dramattc
changes tn the past ten years, the matn item being masstve growth tn the southern portton of the Ctty As
a result, District 7- Princess Anne has 79,208people (30% above the ideal target) District 1 - Centerville
ts also htgh (5.57% above the ideal targeO The rest of the five (5) Dtstrtcts are underpopulated From a
pohttcal standpoint, Centerville and Princess Anne are gomg to have to "shrmk" (gtve up terrttory) The
remammgfive Dtstrtcts wtll gam terrttory Theprocess of determtntng whtch terrttory ts reduced and which
terrttory ts increased defines redistricting. The Supreme Court has allowed other factors relattve
redistricting North Carohna has been before the Supreme Court four trines wtth thetr Congresstonal Plan
and tn the last two months was finally allowed to go forward wtth a Plan created tn 1997 Another factor
revolved ts the Voting Rights Act, which entatls a fatr reflection of mmortty votmg strength Ten years ago,
the Census Bureau chstrtbuted 12 columns of data tn terms of ractal breakdown Thts has been expanded to
allow mdtvtduals to denote more than one race on the census form As a result of the stx categortes, there
was an opportuntty for ctttzens to mark 2, 3, or up to 6 races, tf they wtsh Thts has comphcated the data
There are 288 columns of data mstead of 12 Fortunately, there were only about 585 individuals in the
United States who chose all six races Approxtmately 2% of thepopulation chose two or more races. The
majority chose a single race. The Census Bureau does not regard Hispanic as a "race", but an "ethnic
group". There were two questions on the form
What was the tnchvtdual's race?
Whether the tnchvtdual was Htspantc or not Htspantc ?
48% of Htspamcs selected they were whtte, and 42% selected the "other" race category
69.46%
1&60%
0.34%
4.85%
0.08%
0.21%
4.18%
Non-Hispanic White
Non-Hispanic Afro-Americans
Non-Hispanic Native American
Non-Hispanic Asian
Non-Hispanic Pacific Islander
Non-Hispanic Other
Hispanic
Wtth the exception of the Lynnhaven District, these figures, denote the Afro-Amertcan populatton ts spread
to a certatn degree across the Ctty 25% of thepopulation in Rose Hall is Afro-American,just under 25%
in Kempsville and 23 % in Centerville Thts tnformatton ts deptcted on the maps dtstrtbuted to Ctty Counctl
Mr Brace &splayed a map deptcttng the change tn populatton since 1990 As prevtously stated, the largest
mcrease ts the census tract tn the southern portton of the Ctty (wtthtn District 7). The "red" tndtcates
census tracts whtch mcreased tn populatton, wtth the "gray" deptctmg decreases m populatton since 1990
May 22, 2001
-4-
CITY M/1NA GER 'S BRIEFING
REDISTRICTING
ITEM # 48169 (Continued)
The Charts on pages 2 and 3 deptct stattsttcs deahng wtth the multt-race potenttal tn the followtng
categortes
POPUL/1 TION / VOTING ~1GE
1 Race ~11one
I/1 Non-Hispanic Race ~11one
2 Race/11oneplus all combinations of race
2/t Non-Hispanic Race/11oneplus all combinations of race
3 Race ~11one plus Office of Management & Budget (OMB)
guidelines *for handling multi-race
3/1 Non-Hispanic Race/11oneplus OMB guidelines
for handling multi-race
Each of these categortes, present dtfferent sets of data *The matn crtterta of the OMB guidelines was when
an tndtvtdual denoted on the Census form as betng a mtnortty race and whtte, the Federal Government
would treat that tndtvtdual as part of the mtnortty race Under the OMB gutdehnes, the tndtvtdual who
marked htm/herself as two mtnortty races, that tndtvtdual ts not counted tn the equatton Under the Voting
~1ge tables, the Hispanic categortes must be recalculated
Relattve redtstrtcttng, fairly reflecting minority voting strength ts actually the second crtterta The Courts
have stated governments must abide Other tradtttonal redtstrtcttng crtterta must also be examtned Because
of the Shaw line of Court Cases, whtch came out of North Carohna, dt. fferent concepts of redtstrtcttng have
evolved In 1990, race was examtned as the predomtnant factor The Supreme Court has now satd thts was
tncorrect The Supreme Court has stated one of the key factors ts to fatrly reflect "communities of interest"
However, the Honorable Sandra Day O'Connor has not provtded a defimtton of thts concept Mr Brace
recommended pubhc involvement tn drawtng the "communities of interest" Otherjurtsdtcttons are utthztng
thts process The Planntng Department has provided thetr comments relattve thetr vtew of labehng the
dtfferent porttons of the Ctty Incumbency can be a fair reflectton of a governmental enttty's destre to
attempt to keep the core of the Counctl Members' parttcular Dtstrtcts Other factors would entatl
compactness and contiguity All of these factors would be examtned tn terms of destgntng each Dtstrtct
configuratton Under paramount constderatton, would be the type of data presented to Counctl Members
The Election return data wtll also be constdered to analyze the extent to whtch there may be "racial block"
voting The Redistricting Plan adopted by the Ctty must be submttted to the dusttce Department for pre-
clearance The goal ts to work on the Dtstrtcts wtth pubhc comment over the Summer months Plan
vartattons will be shared wtth Council Members and the general pubhc Mr Brace recommended a series
of Pubhc Hearings
Wtth the utthzatton of "/1utobound" and "/1rtview" Software, Mr Brace &splayed changes tn the Dtstrtcts
and reflecttons to the populatton and pohttcal data as these changes are made For compartson purposes,
the 1990 census data has also been tnstalled wtthtn thts software Mr Brace wtshes to meet wtth each of
the Counctl Members and ascertain thetr parttcular tnterests tn terms of redtstrtcttng The Ctty needs to
reflect as much as posstble the vottng patterns Under the Thornburg test, there are three factors (1) tf
the whtte population votes overwhelmtngly to overrule the vottng chotces of the mtnortty populatton, (2)
the mtnortty group has to vote cohestvely, and, (3) ttc the mtnortty groups are geographtcally compact to
create a mtnortty seat Thts determines tfa fatr reflectton of the mtnortty vottng strength needs to be elevated
to a higher degree
Mr Brace recommends a two part phase of Public Hearings Durtng the first phase, there would be no
extsttng redtstrtcttng proposals as the Ctty must fatrly reflect "communities of interest" Informatton wtll
be gathered durtng thts first phase Once these proposals have been recetved along wtth the Planmng
Department's defintttons, then Mr Brace and staff wtll meet wtth the tndtvtdual Counctl Members and the
vartous constttuenctes Alternattves wdl then be drafted Those plan alternattves wtll then be dtstrtbuted for
pubhc comment This constttutes the second phase of the Pubhc Heartng process There ts no requtrement
to tncrease the number of Dtstrtcts
The Ctty Attorney advtsed the staff ts senstttve to the Summer schedule Intttal work wtll commence durtng
the Summer, however, the major tnvolvement wtll be durtng September and October The Ctty Attorney, staff
and Mr Brace wtll confer today and tomorrow relattve a proposed schedule for Pubhc Hearings and the
Redtstrtcttngprocess for constderatton by Ctty Counctl durtng the Formal City Counctl Sesston tn June The
Ctty Attorney wtll be conferring wtth David Sulhvan, Chtef lnformatton Officer, to place data on the Ctty's
World Wtde Web site Data wtll be placed tn the pubhc hbrartes and on the Internet as the Ctty moves
toward the Pubhc Sesston process
May 22, 2001
-5-
AGENDA RE VIEW SESSION
3:50 P.M.
ITEM # 48170
I1
Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural Land
Preservatton Easements (ARP) and the tssuance of tts contract
obhgattons (DISTRICT 7 - PRINCESS ANNE)
a John W., Jr. andElizabeth W. Cromwell - $1,205,434for 130 40 acres
Installment Purchase Agreement No 2001-35
Counctl Lady Henley wtll ABSTAIN as she and her husband, owners of Henley Farm, do bustness wtth the
apphcant
Counctl Lady McClanan and Counctl Lady Eure will vote a VERBAL NAY.
b. Kenneth R. and Sharon L. Golesh - $102, 787for 25 07 acres
Installment Purchase Agreement No 2001-36
Counctl Lady McClanan will vote a VERBAL NAY.
ITEM # 48171
15
Ordtnance to TRANSFER $229,969 wtthtn the FY 2000-01
Vtrgtnta Beach Court Servtce Umt operattng budget, and,
TRANSFER $597,676 from the General Fund Reserve for
Conttngenctes- Juvemle Detentton to the FY 2000-01
operattng budget of the Vtrgtma Beach Court Servtce Umt
re full funding of the juvemle non-secure, outreach
detention and group home services.
Council Lady McClanan expressed concern as to the Judges allowtng the expen&ng of funds not already
approprtated Other branches of government are not allowed thts prtvtlege Counctl Lady Eure advtsed from
havtng recently served on the Grand Jury, the crtmes commttted by youth are tncreastng wtth repeat
offenses Addtttonal funds are not the cure
Fundtngfor the alternattve commumty based programs are parttally funded through a state grant under the
Virginia Juvenile Community Crime Control Act that ss admtntstered by the Ttdewater Regtonal Group
Home Commtsston (totahng $2 47-MILLION of whtch $210,000 ts allocated for Pendleton Chtld Servtce
Center and $2 26-MILLION ts allocated for Ttdewater Regtonal Group Home Commtsston servtces) and a
local match (totahng $662,505) Some of these servtces are court ordered and must be funded esther by the
grant or local funds In past fiscal years, once local match funds and grant funds are exhausted, the Ctty has
provtded fundtng tn excess of the required local match to conttnue servtces to juveniles In FY 1999-00, the
City spent $1,347,025 or $684,520 in excess of the local match requirement.
The Ctty Attorney advtsed no one can force the Ctty Counctl to spend funds whtch have not been
approprtated, as they are responstble for approprtatton and balanctng the taxes However, the General
Assembly, at the same ttme, has tncluded a sectton tn the State Code, whtch creates sttuattons of thts nature
The Ctty Attorney does not beheve the tssues between the State Code sectton and the constttuttonal
provtstons have been reconctled Bruce Bright, Court Servtces, advtsed thts ts bastcally a request year after
year as the Court Servtce Unit ss budgeted only for the amount requtred by law The last tncrease from the
State was three years ago, whtch does not constder increases tn populatton or number ofjuventles affected
On May 9, 2000, Dr Wolfgang Ptndur, Old Domtmon Untverstty, presented Ctty Council a Juvenile
Justice Program evaluation Thts evaluatton was performed on 14 dtfferent programs whtch were operated
out of the Ttdewater Group Home Thts study was postttve
Once the grant funds are exhausted, st ts projected the City wtll spend an addtttonal $82 7,645for Tidewater
Regional Group Home Commission services The Court Service Unit will be able to coverpart of the costs
by using $229,969 tn avatlable extstmg appropriations for secure detention services wtthm tts FY 2000-02
Operattng Budget However, another transfer of $59 7,676 ts also requested to cover the rematntng costs of
these servtces There ss a reserve for conttngenctes wtthtn the General Fund wtth fundtng avatlable to cover
these types of costs
Thts stem, relattve tncreased State fun&ng, shall be placed tn the Legtslattve Package Mayor Oberndorf
requested correspondence be forwarded to the duvemle Court Judges and a presentatton scheduled for a
future City Councd Workshop
May 22, 2001
-6-
AGENDA RE VIEW SESSION
ITEM # 48172
18
Resoluttons to request the Vtrgtnta Department of
Transportatton (VDOT) estabhsh urban system highway
projects, and, that the Ctty pay its share of the total costs
Improvements to the Sandbridge Road Corridor conststtng
of Princess Anne Road from General Booth Boulevard to the
tntersectton of Upton Drtve/Sandbrtdge Road from the
mtersectton of Upton Drtve/Prmcess Anne Road to
Sandfiddler Road, and tncludmg tmprovements to Lotus
Drtve
Counctlman Jones will ABSTAIN.
Counctl La&es Eure, McClanan and Wdson wtll vote NAY
Improvements to Shore Drive from Ftrst Court Road to the
western approach of the Lesner Brtdge (Shore Drtve -
Phase I)
Counctlman Jones advtsed thts Resolutton ts tn comphance wtth the change tn the Capttal Improvement
Program Shore Drtve wtll be tn comphance wtth the change Ctty Counctl ADOPTED tn the FY2001-2002
RESOURCE MANAGEMENT PLAN CAPITAL IMPROVEMENT PROGRAM (Operating Budget).
ITEM # 48173
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA:
ORDINANCES/RES OL UTIONS
H
Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural
Land Preservation Easements (ARP) and the issuance of tts
contract obhgattons (DISTRICT 7 - PRINCESS ANNE)
John Vt'., Jr. and Elizabeth W. Cromwell
$1,205,434 for 130 40 acres
Installment Purchase Agreement No 2001-35
Kenneth R. and Sharon L. Golesh
$102, 787for 25 07 acres
Installment Purchase Agreement No 2001-36
12
Or&nance to AMEND 3~10-1 of the Ctty Code B YADDING
a new election precinct, Shelton Park, and a new polling
place, Shelton Park Elementary School at 1700 Shelton
Road (DISTRICT 4 - BA YSIDE)
13
Ordtnance to ACCEPT and APPROPRIATE a $259,694
grant from the Vtrgtnta Department of Soctal Servtces to the
FY 2000-01 operattng budget of the Virginia Beach
Department of Soctal Servtces re enhanced employment
services; tncrease full-ttme employees by one, and, tncrease
the esttmated revenue from the Commonwealth accordtngly
14
Ordtnance to ACCEPT and APPROPRIATE a $100, 000
grant from the Virginia Department of Conservation and
Recreatton to the Pocahontas Village Drainage project, re
water quality improvement costs, authortze the Ctty
Manager to execute the agreement for acceptance of the
Water Quahty Improvement Fund grant, and, tncrease the
esttmated revenue from the Commonwealth accordingly
May 22, 2001
-7-
AGENDA RE VIE W SESSION
ITEM # 48173 (Continued)
15
16
17
18
19
Ordtnance to TRANSFER $229,969 wtthtn the FY 2000-01
Vtrgtnta Beach Court Servtce Untt operattng budget, and,
TRANSFER $597,676 from the General Fund Reserve for
Conttngenctes- Juvenile Detentton to the FY 2000-01
operating budget of the Vtrgtnta Beach Court Servtce Untt
re full funding of the juvemle non-secure, outreach
detention and group home services.
Ordtnance to authortze a temporary encroachment tnto a
portton of the Ctty's vartable wtdth tmpoundment easement,
destgnated as "LAKE", at the rear of 2116 Bterce Drtve by
BRIAN C. and LORI S. MOUM, re constructtng and
matntatmng a margtnal wharf, along an extsttng bulkhead
(DISTRICT 7 - PRINCESS ANNE)
Resolutton to authortze the tssuance and sale of $48,500,000
General Obligation Public Improvement Bonds, Sertes of
2001, of the Ctty of Vtrgmta Beach, heretofore authortzed,
for various capital improvements.
Resoluttons to request the Vtrgtnta Department of
Transportatton (VDOT) estabhsh urban system highway
projects, and, that the Ctty pay tts share of the total costs
Improvements to Newtown Road from Prtncess Anne Road
to Vtrgtnta Beach Boulevard, and a corrtdor study to be
conducted tn the design process
Improvements to Salem Road from Elbow Road to North
Landtng Road, tncludtng a corrtdor study to be conducted tn
the destgn process
Improvements to the Sandbridge Road Corridor conststtng
of Prtncess Anne Road from General Booth Boulevard to the
tntersectton of Upton Drtve/Sandbrtdge Road from the
tntersectton of Upton Drtve/Prtncess Anne Road to
Sandfiddler Road, and tncludtng tmprovements to Lotus
Drtve
Improvements to Shore Drive from First Court Road to the
western approach of the Lesner Brtdge (Shore Drtve -
Phase I)
Resolutton referrtng to the Planntng Commtsston proposed
amendments to ~ 502 of the Ctty Zoning Ordmance (CZO)re
dimensional requirements tn residential zoning districts
(Requested by Counctlman Wtlham W Harrison, Jr)
I10 License Refunds: $116,434.44
Counctl Lady Henley wtll ABSTAIN on Item Ll.a.
Counctl Lady McClanan and Counctl Lady Eure wtll vote NA Y on Item L l.a.
Council Lady McClanan wtll vote NAY on Item 1.1. b.
Counctlman Jones wtll ABSTAIN on Item L &c.
Counctl Ladtes Eure, McClanan and Wtlson wtll vote NAY on Item L&c.
May 22, 2001
-8-
AGENDA RE VIEW SESSION
ITEM # 48174
RECONSIDERATION: Apphcattons of BILLY W.
CHAPLAIN on the west stde of Washtngton Avenue, south
of Vtrgtnta Beach Boulevard (849 and 853 Vtrgmta Beach
Boulevard) (DISTRICT 6- BEACH) DENIED March 27,
2001
j Change of Zomng District Classtficatton from A-12 Apartment
Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2
Commumty Bustness Dtstrtct, contatmng 23, 850 square feet
b Conchttonal Use Permttfor a bulk storage yard, contatmng
19, 000 square feet
Counctlman Branch requested thts ttem be DEFERRED INDEFINITELY for further development of
proffers
ITEM # 48175
J2
Apphcatton of SEA ESCAPE CORPORATION fora
Modification of Conditions placed on the December 6, 1994,
approved apphcatton for Change ofZontng Dtstrtct Classtficatton
from RT-1 to Condtttonal Change of Zontng Dtstrtct
Classtficatton RT-2 at 1609 Atlanttc Avenue to allow a business
office and studto, contatntng 15,000 square feet (DISTRICT 6 -
BEACH)
Vtce Mayor Sessoms wtll ABSTAIN on thts ttem
ITEM # 48176
.13 Apphcatton of KENNETH A. HALL and S&S
ENTERPRISES for the dtsconttnuance, closure and
abandonment of the followmg streets (DISTRICT3 - ROSE
HALL)
a Second Street
begtnntng at the western
boundary of Butternut Lane
eastward to the western
boundary of Spruce Street
begtnntng at the eastern
boundary of Spruce Street
eastward to the western
boundary of Pine Street
b Spruce Street begtnmng 400 feet south of Bonney Road
southward to the northern boundary ofi-264
Counctl Lady McClanan expressed concern Thts apphcatton had already been deferred stx (6) months ago
for staff to develop a plan There ss another apphcatton tn the Bonney Road area whtch depends upon the
resolutton of the Ctty 's plans for thts area Counctl Lady McClanan understood the staff objected to the plan
tn both tnstances There ts tndtcatton thts apphcatton should be deferred unttl the Virginia Department of
Transportation's (VDOT) plans for the tnterchange tmprovements for Rosemont Road and1-264 have been
finahzed Relattve Counctl Lady Parker's concerns, the Ctty Manager advtsed thts has been revtewed by the
Ctty staff and thts ts a very congested tnterchange area On page 14-7 of the Planning Agenda stem the
ramp configuratton ts deptcted The constructton of thts tnterchange, tf tt occurs, ts a number of years away
and would entatl a detatled process tnvolvtng review and pubhc heartngs If rights-of-way are vacated, and
then the Ctty dectdes they wtsh thts rtght-of-way, these must be purchased back at an increased cost
Thts ttem wtll be chscussed durtng the Formal Session
May 22. 2001
-9-
AGENDA RE VIEW SESSION
ITEM # 48177
4 Apphcatton of COMMERCIAL INVESTMENT PROPERTIES,
LLC, for a Conchttonal Use Permtt for an automobtle service
station at the northwest corner of Centervtlle Turnptke and
Lynnhaven Parkway, contamtng 1 37 acres (DISTRICT 1 -
CENTER
Counctl Lady Eure advtsed th ts t tem has been requested for INDEFINITE DEFERRAL Mayor Oberndorf
advtsed there wtll be speakers tn attendance Mayor Oberndorf wtll request the Dtrector of Planntng, Robert
Scott, to advtse relattve the concept of lndefimte Deferrals and the nottficatton of the restdents Thts ttem
wtll be &scussed durtng the Formal Sesston
ITEM # 48178
Apphcatton of WILLIAM G. LILLEY for a Conchttonal Use
Permtt for a borrow ptt expanston on the east stde of
Oceana Boulevard, north of Credle Road (566 Oceana
Boulevard), contatmng 24 acres (DISTRICT 6- BEACH)
Stephen Whtte, Planning, advtsed the staff amended Con&ttons 3 and 10 concerntng the tmpact of thts
proposal on the proposed rtght-of-wayfor the Southeastern Parkway and Greenbelt The apphcant ts not
agreeable to these amendments
ITEM # 48179
J8
Or&nance to AMEND the Master Transportation Plan re
removtng a portton of Nimmo (formerly Ferrell) Parkway
from Atwoodtown Road to the east, the ahgnment and wtdth
of Sandbrtdge Road from Prmcess Anne Road to Sandfiddler
Road, and the ahgnment and wtdth of Prtncess Anne Road
from General Booth Boulevard to Sandbrtdge Road
Thts ttem wtll be &scussed during the Formal Sesstons There are speakers tn OPPOSITION
ITEM # 48180
dl 00rchnances to AMEND the Ctty Zomng Or&nance (CZO)
a 3~103 re Zoning Verification Letter fees.
b 3~106 re tncrease tn Board of Zoning Appeals'fees.
No action is necessary. The amendments were acted on at the
May 15 meeting.
(This publication is to comply with legal advertising)
ITEM # 48181
B Y CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT AGENDA:
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RECONSIDERATION Apphcattons of BILLY
CHAPLAIN on the west stde of Washtngton Avenue, south
of Vtrgtnta Beach Boulevard (849 and 853 Vtrgtnta Beach
Boulevard) (DISTRICT 6- BEACH) DENIED March 27,
2001
Change of Zontng Dtstrtct Classtficatton from A-12
Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to
Conchttonal B-2 Communtt¥ Bustness Dtstrtct, contatntng
23, 850 square feet
b Conchttonal Use Permttfor a bulk storage ?ard, contatntng
19, 000 square feet
May 22, 2001
AGENDA RE VIE W SESSION
ITEM # 48181 (Continued)
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Apphcatton of SEA ESCAPE CORPORATION for a
Modification of Conditions placed on the December 6,
1994, approved apphcatton for Change of Zontng Dtstrtct
Classtficatton from RT-1 to Condtttonal Change of Zomng
Dtstrtct Classtficatton RT-2 at 1609 Atlanttc Avenue to
allow a bustness office and studto, contatmng 15, 000 square
feet (DISTRICT 6- BEA CH)
Apphcatton of ABUNDANT LIFE MINISTRIES for a
Condmonal Use Permtt for a church (expanston) and daf
care on the north stde of lndtan Rtver Road, west of Mthtary
Htghway (6530 Indtan Rtver Road), contatntng 9 944 acres
(DISTRICT 1 - CENTER VILLE)
Apphcatton of SANDBRIDGE COMMUNITY CHAPEL
UNITED METHODIST CHURCH for a Conchttonal Use
Permtt. fora church (addttton) at the southwest tntersectton
of Sandptper Road and Bomta Lane (3041 Sandptper Road),
contamtng 32,164 square feet (DISTRICT 7 - PRINCESS
ANNE)
Item ,11 wtll be DEFERRED INDEFINITELY.
Vtce Mayor Sessoms wtll ABSTAIN on Item ,l 2
May 22, 2001
-11-
CITY COUNCIL COMMENTS
4:20 P.M.
ITEM # 48182
Counctl Lady Eure expressed concern relattve the City Page prevtew and the ttem concerntng "Compostors
for Sale" The Ctty ts recommen&ng the ctttzens purchase compostors, but only stnghng out one source and
the check ts to be made to Norseman Plastics, not the Ctty
Wade Kyle, Admtmstrator - Waste Management, advtsed compostors have been provtded to restdents for
several years The Ctty endeavored to find compames who would be wtlltng to bring tn truck load quanttttes
and leave them wtth Waste Management so they could be dtstrtbuted to ctttzens as needed Thts was the
only company that was wtlhng to do so The company ts wtlhng to dehver the composters at thetr cost and
allow the Ctty to sell them at the same cost Thts ts only a servtce to the pubhc He dtd not know tt was betng
adverttsed
ITEM # 48183
Mayor Oberndorf referenced a telephone call from Mrs Wtntfred Cooke who ts extremely upset relattve the
covermg of the rip-rap rocks around Lake Holly She and approximately four hundred restdents became
aware clay was to be put over the rocks and the Army Corps of Engtneers was plactng vegetatton to allow
a "swamp" Mrs Cooke advised thts lake, whtch had a receptor system, was cleaned out once a month
Mrs Cooke was also concerned relattve tnsuffictent meetings, brtdges, an observatton platform and canoes
betng used behind the schools E Dean Block, Dtrector of Pubhc Works, provtded the Mayor wtth two pages
detathng dates, times and places of pubhc meettngs held to educate the ctttzens
Counctlman Branch advtsed thts project ttes tnto the drainage projects which have occurred tn the Beach
Dtstrtct netghborhood adjacent to the Lake The Lake ts constdered a BMP Eventually tts waters outflow
tnto Rudee Inlet The grasses to be planted are a filtertng devtce for sedtments Counctlman Branch has
attended several of the meettngs detatled by Mr Block The Resort Area has endorsed the project Relattve
the North Beach Ctvtc League opposttton, other than Mrs Cooke, Counctlman Branch ts only aware of one
other tndtvtdual, Ben Grtmstead, who had a concern wtth the project Counctlman Branch has spoken wtth
Mrs Cooke several times Mr Block wtll confer wtth Mrs Cooke
ITEM # 48184
Counctl Lady McClanan advtsed the second netghborhood tn her Dtstrtct has advtsed the Ctty's Zomng
Department has gtven permtsston for repair of cars in a residential neighborhood The ctttzen was advtsed
by Zoning, theparttcularproperty has a business hcense andpermtsston to operate Counctl Lady McClanan
expressed concern and requested tnformatton relattve thts sttuatton
Karen Lasley, Zomng Admtmstrator, wtll review and confer wtth Counctl Lady McClanan
ITEM # 48185
Counctl Lady McClanan referenced faxed correspondence from the Resort Retailers Association relattve
thetr opposttton wtth the cul-de-sac portion of the Neighborhood Revitalization Program whtch has been
approved and budgeted The Assoctatton stated to tnstall cul-de-sacs would ehmtnate the abthty of drtvers
to navtgate the Beach Borough effictently
The Ctty Manager wtll revtew and advtse
ITEM # 48186
Counctl Lady Henley referenced a Letter to the Editor tn today's Vtrgtntan-Ptlot The wrtter repeated the
assertton that the Open Space Program was accomphshed thru the 22% increase in the meal tax Counctl
Lady Henley dtsagreed wtthperpetuattng mtstnformatton Counctl Lady Henley dtd not know how one could
come to the concluston that a forty-four hundreths of a percent increase in the meal tax could be
interpreted as 22% tncrease The total meal tax increase is 1%.
Thts tncorrect tnformatton conttnues to be dtstrtbuted Counctl Lady Henley requested thts be corrected
tmmedtately The Ctty Manager advtsed a response wtll be provtded and a correctton wtll be noted tn the
Ctty Page
Mayor Oberndorf advtsed she has responded to thts gentleman as there were a number of asserttons
contatned tn hts letter bestdes the meal tax
May 22, 2001
- 12-
ITEM # 4818 7
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, May 22, 2001, at 4 35
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R clones, Reba S McClanan, Robert C Mandtgo, .Ir, Mayor Meyera
E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, .Ir
and Rosemary Wtlson
Counctl Members Absent
Wtlham }V Harrtson, .Ir
[Representtng cltent/Chesapeake Ctty
Counctl]
May 22, 2001
13-
ITEM # 48188
Mayor Oberndorf entertatned a motion to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, assignment, appotntment,
promotton, performance, demotton, salartes, dtsclphntng, or
restgnatton of spectfic pubhc officers, appointees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Parks an Recreatton Commtsston/Open Space Subcommtttee
Planntng Commtsston
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meeting
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Acqutsttton of Property -Prtncess Anne Dtstrtct
Lynnhaven Dtstrtct
Baystde Dtstrtct
LEGAL MA TTERS Consultatton with legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advtce by counselpursuant to Sectton 2 1-344(A)(7)
To-Wtt
Contractual Negottattons- SPSA
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, , Ctty Councd voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr
and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
Wdham W Hamson, Jr
(Time of Closed Session: 4:47 P.M. to 6:03 P.M.)
May 22, 2001
- 14-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 22, 2001
6:03 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, May 22, 2001, at 6 03 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera
E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr
and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr
[Representtng chent/Chesapeake Ctty Counctl][
INVOCATION
Reverend Stewart Saul
Chrtst Presbytertan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, bemg a Corporate Officer of Wachovta Bank, DISCLOSED he wtll ABSTAIN on Item
J2 (SEA ESCAPE) and there were no other matters on the agenda tn whtch he has a "personal tnterest",
as defined tn the Act, etther tndtvtdually or tn hts capacity as an officer of Wachovta Bank The Vice Mayor
regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come
before Ctty Counctl Vtce Mayor Sessoms' letter of January 2, 2001, ts hereby made a part of the record
May 22, 2001
Rem ~E
- 15-
CERTIFICATION OF
CLOSED SESSION
ITEM # 48189
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meetmg
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thcs certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Session were heard, dtscussed or considered by
gtrgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
Beso u on
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 # 48188, 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.
City Clerk
May 22, 2001
Item V-F 1/2
- 16-
MINUTES
ITEM # 48190
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl,4PPROVED the
Mmutes of the INFORMAl. AND FORMAL SESSIONS of May 8, 2001, and SPECIAL FORMAl.
SESSION of May 15, 2001.
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba $ McClanan, Robert C M&ndtgo, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and
Rosemary Wzlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
-17-
Item V-G 1
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 48191
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 22, 2001
- 18-
Item V-H.l.a/b.
PUBLIC HEARING
ITEM # 48192
Mayor Oberndorf DECLARED A PUBLIC HE`4RING
GRICUL TURAL PRESER V,4 TION PROGRAM (,4RP)
John IF., Jr. and Elizabeth W. Cromwell
Kenneth R. and Sharon L. Golesh
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HE,4RING
May 22, 2001
- 19-
Item ~-H. 2.
PUBLIC HEARING
ITEM # 48193
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING
ELECTION PRECINCT and POLLING PLACE - Shelton Park
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 22, 2001
Item V-I.
ORDINANCES/RESOL UTIONS
- 20-
ITEM # 48194
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN
ONE MOTION, Ordtnances la~b, 2, 3, 4, 5, 6, 7, 8a/b/c/d, 9 and 10 of the CONSENTAGENDA.
Vottng 10-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
Wdham W Harrtson, Jr
Councd Lady Eure and McClanan voted a VERBAL NAY on Item 1 a
Councd Lady Henley ABSTAINED on Item 1 a as she and her husband ,owners of Henley Farm, do
bustness wtth the Cromwell's
Councd Lady McClanan voted a VERBAL NAY on Item 1 b
Councdman Jones ABSTAINED on 8c (Sandbrtdge Road Corrtdor) Councdman Jones DISCLOSED and
ABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch exceeds 3% of the asset value of the
bank Resource Bank holds a note on the Lotus Creek property Councdman Jones' letter of January 23,
2001, ts already on record
Councd Lady Eure, McClanan and Wdson voted a VERBAL NAYon Item 8 c
May 22, 2001
Item V-I.l.a.
ORDINANCES/RES OL UTIONS
- 21 -
ITEM # 48195
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Land
Preservatton Easements (ARP) and the tssuance of tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
John W., Jr. and Elizabeth tV. Cromwell - $1,205,434 for 130 40 acres
Installment Purchase Agreement No 2001-35
Votmg 7-2 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Louts R Jones, Robert C Mandtgo, Jr, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
dr and Rosemary Wtlson
Counctl Members Vottng Nay
Margaret L Eure and Reba S McClanan
Counctl Members Abstatntng
Barbara M Henley
Counctl Members Absent
Wtlham W Harrtson, dr
Counctl Lady Henley ABSTAINED as she and her husband, owners of Henley Farm, do bustness with the
Cromwell's
May 22, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $1,205,434
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$1,205,434; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.65%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.65% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the Cmty rather than
pursuant to the Public Finance Act of 1991 and hereby
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constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 22 day of May , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8122
wmm\cromwellorn, wpd
R-1
May 14, 2001
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APPROVED AS TO CONTENT'
~riculture Department'- '
APPROVED AS TO LEGAL
SUFFICIENCY'
L~w~Department, ·
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CERTIFIED AS TO AVAILABILITY OF FUNDS'
Director of F±nano~
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-35
SUMMARY OF MATERIAL TERMS
SELLER: John W., Jr., and Elizabeth W Cromwell
PROPERTY LOCATION: 3116 New Bridge Road
PURCHASE PRICE: $1,205,434
EASEMENT AREA: 130.40 acres, more or less
DURATION: Perpetual
INTEREST RATE: Equal to yield on U S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.65% (actual rate to be determined when STRIPS are purchased prior to
execution oflPA). Rate may not exceed 6.65% w~thout approval of C~ty Council.
TERMS: Interest only twice per year for 25 years, w~th payment of principal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following executmn and delivery oflPA.
Item V-Ll.b.
ORDINANCES/RES OL UTIONS
- 22 -
ITEM # 48196
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Land
Preservation Easements (ARP) and the tssuance of tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
Kenneth R. and Sharon L. Golesh - $102, 787for 25 07 acres
Installment Purchase Agreement No 2001-36
Vottng 9-1 (By ConsenO
Counctl Members [7ottng Aye
Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
clones, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K
Parker, Vtc. e Mayor Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Council Members Absent
Wtlham ~ Harrtson, dr
May 22, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $102,787
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$102,787; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.75%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.75% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
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constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 22 day of May , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8123
wmmkordres kgoleshorn, wpd
R-1
May 14, 2001
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APPROVED AS TO CONTENT-
~Agriculture p %~ ' -
APPROVED AS TO LEGAL
SUFFICIENCY'
uepa ~ E-~:----r~men~ ~ ~' .v .
Law
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CERTIFIED AS TO AVAILABILITY OF FUNDS-
Director of Finar~e ~9
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-36
SUMMARY OF MATERIAL TERMS
SELLER: Kenneth R. and Sharon L. Golesh
PROPERTY LOCATION: Gum Bridge Road and Dawley Road
PURCHASE PRICE: $102,787
EASEMENT AREA: 25.07 acres, more or less
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STglPS acquired by City to fund purchase
price, but not less than 4 75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.75% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and dehvery of IPA.
\
ARP Boundary Line
Vnld~o
Item V-I. 2.
ORDINANCES/RES OL UTIONS
- 23 -
ITEM # 4819 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to AMEND 3~1 O- 1 of the Ctty Code B YADDING a new election
precinct, Shelton Park, and a new polling place, Shelton Park Elementary
School at 1700 Shelton Road (DISTRICT 4 - BA YSIDE)
Voting l O-O (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
OberndorJ, Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
May 22, 2001
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AN ORDINANCE TO AMEND THE CITY
CODE BY CREATING A NEW VOTING
PRECINCT AND POLLING PLACE AS
REQUIRED BY POPULATION CHANGES
REFLECTED IN THE 2000 CENSUS
AND STATE REDISTRICTING
SECTION AMENDED: SECTION 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code is hereby amended and
reordained to read as follows:
Sec. 10-1.
Establishment of precincts and polling places.
There are hereby established in the city the following
precincts and their respective polling places, as set forth below:
Precinct
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Brookwood
Buckner
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Colony
Polling Place
Alanton Elementary School
Kemps Landing Magnet School
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Brookwood Elementary School
Holy Spirit Catholic Church
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
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Courthouse
Creeds
Culver
Dahlia
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Green Run High School
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Davis Corner
Bettie F. Williams Elementary School
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Edinburgh
St. Aidan's Episcopal Church
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Eastern Shore
Eastern Shore Chapel
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Fairfield
Fairfield Elementary School
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Forest
Kings Grant Elementary School
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Foxfire
Princess Anne Middle School
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Glenwood
Glenwood Elementary School
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Great Neck
Ail Saints Episcopal Church
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Green Run
Green Run Elementary School
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Hilltop
Good Shepherd Lutheran Church
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Holland
Holland Elementary School
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Homestead
Providence Presbyterian Church
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Hunt
Princess Anne Recreation Center
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Indian Lakes
Indian Lakes Elementary School
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Kings Grant
St. Nicholas Catholic Church
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Kingston
Kingston Elementary School
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Lake Smith
Bayside Church of Christ
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Landstown
Landstown Community Church
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Larkspur
St. Andrews United Methodist Church
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Linkhorn
Virginia Beach Community Chapel
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London Bridge
London Bridge Baptist Church
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Lynnhaven
Grace Bible Church
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Magic Hollow
Roma Lodge No. 254
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Malibu
Malibu Elementary School
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Mt. Trashmore
Windsor Woods Elementary School
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North Beach
Galilee Episcopal Church
66 Ocean Lakes Ocean Lakes Elementary School
67 Ocean Park Bayside Christian Church
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Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Shannon
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thalia
Thoroughgood
Timberlake
Trantwood
Village
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Precinct
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad
Building
Salem United Methodist Church
Virginia Beach Law Enforcement Training
Academy
Church of the Ascension
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of Virginia
Providence Elementary School
Strawbridge Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Thalia Lynn Baptist Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Avalon Church of Christ
Agriculture/Voter Registrar Building
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 22nd day of May , 2001.
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CA-8112
F' kData\ATYkOrdinkPROPOSEDkl0-1ordShelton.wpd
May 1, 2001
R-1
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APPROVED AS TO CONTENT
Vo~t~ Regist/a~ ~
APPROVED AS TO LEGAL
SUFFICIENCY'
City Attor~y's Office
Item V-I. 3.
- 24 -
ORDINANCES/RES OL UTIONS
ITEM # 48198
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $259,694 grant from the
Vtrgtnta Department of Soctal Services to the FY 2000-O1 operattng budget
of the Vtrgtnta Beach Department of Soctal Servtces re enhanced
employment services; tncrease full-ttme employees by one, and, increase
the esttmated revenue from the Commonwealth accordtngly
Vottng
10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE $259,694 FROM THE
VIRGINIA DEPARTMENT OF SOCIAL
SERVICES TO THE FY 2000-01 OPERATING
BUDGET OF THE DEPARTMENT OF SOCIAL
SERVICES TO PROVIDE ENHANCED
EMPLOYMENT SERVICES
WHEREAS, the Virginia Department of Social Services has
authorized an additional $259,694 in grant monies for Virginia
Beach to implement an employment assistance program in
collaboration with the City of Portsmouth, and a local match is not
required.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $259,694 is hereby accepted from the Virginia
Department of Social Services and appropriated to the FY 2000-01
Operating Budget of the Virginia Beach Department of Social
Services to provide employment services.
2. That, to implement this program, the number of full-
time equivalent positions in the Social Services FY 2000-01
Operating Budget is hereby increased by 1.0.
3. That the grant-funded position authorized by this
ordinance shall be eliminated if this funding is discontinued by
the Commonwealth.
4. That estimated revenue from the Commonwealth is
hereby increased by $259,694.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22 day of May , 2001.
CA8135
F'\Data\ATYkOrdin\NONCODE\Social Services grant, ord.wpd
May 11, 2001
R-2
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Managem~t Services ~ity Att~rn y~s' OffiCe
Item V-I. 4.
- 25-
ORDINANCES/RES OL UTIONS
ITEM # 48199
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $100, 000 grant from the
Vtrgtnta Department of Conservatton and Recreatton to the Pocahontas
Village drainage project, re water quality improvement costs, authortze
the Ctty Manager to execute the agreement for acceptance of the Water
Quahty Improvement Fund grant, and, tncrease the esttmated revenue from
the Commonwealth accordingly
Voting 10-0 (By Consent)
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, dr and
Rosemary Wtlson
Councd Members Vottng Nay
None
Councd Members Absent
Wtlham W Harrison, dr
May 22, 2001
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AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$100,000 GRANT FROM THE VIRGINIA DEPARTMENT OF
CONSERVATION AND RECREATION TO CIP #7-181,
POCAHONTAS VILLAGE DRAINAGE PROJECT, TO OFFSET
THE CITY'S WATER QUALITY IMPROVEMENT COSTS FOR
THE PROJECT
WHEREAS, the City of Virginia Beach has been awarded a
grant in the amount of $100,000 from the Virginia Department of
Conservation and Recreation to be used to offset water quality
improvement costs and environmental permitting requirements for the
Pocahontas Village Drainage Project, CIP #7-181; and
WHEREAS, it is required that the City Manager execute
the City/State agzeement for acceptance of the Water Quality
Improvement Fund grant.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $100,000 grant is hereby accepted from the
Virginia Department of Conservation and Recreation and appropriated
to CIP #7-181, Pocahontas Village Drainage Project, to offset water
costs and environmental permittIng
quality improvement
requirements;
2.
That estimated revenue from the State is hereby
increased in the amount of $100,000;and
3. That the City Manager is hereby authorized to
execute the City/State agreement for acceptance of the Water
Quality Improvement Fund grant, a copy of which has been provided
to the City Council, subject to approval by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22 day of May , 2001.
31 Requires an affirmative vote by a ma3ority of the members of
32 City Council.
33 CA-8138
34 ordln/noncode/pocovi 1 lord. wpd
35 R-2 - May 11, 2001
36 Approved As to Content: Approved As To Legal Sufficiency:
38 Manag,ent Service~~~w Departmen~~ "~
James S Gdmore, III
Governor
John Paul Woodley, Jr
Secretary of Natural
Resources
COMMONWEALTH o,f VIRQINIA
DEPARTMENT OF CONSERVATION AND RECREATION
203 Governor Street Suite 206
Rtchrnond l/trgtnta 23219-2094
Phone (804) 786-2064 Fzt,¥ (804) 786-1798 TDD (804) 786-2121
January 24, 2000
David G Bnckley
D~rector
JArl 5 2gOt
Mr Karl Smlthson
CKy of Virginia Beach
Department of Public Works, Municipal Center
V~rglnla Beach, Virginia 23456-9031
RE
Thaha Creek- Pocahontas V~llage Drainage Improvements
Grant Agreement # 90934-2000-WQIA-28
Dear Karl
On behalf of your local project manager, Jeff Hancock and Watershed Manager
Ern~e Brown, enclosed are three ong~nal cop~es of the grant agreement for the FY
2000 C~ty of Wrg~n~a Beach Thal~a Creek - Pocahontas Wllage Drainage
Improvements Project All three cop~es should be s~gned by an appropriate c~ty
official and returned to me immediately The project w~il not be effective, and thus
WQIA costs and match cannot be ~ncurred untd our department d~rector s~gns the
grant agreement
Please return all three cop~es to me and I w~ll expedite final s~gnatures and approval
If you have any questions please do not hesitate to contact me at (804)371-7486
Thank you for your c~ty's continued commitment to water quality ~mprovements
S~ncerely,
Grant Projects Manager
Chesapeake Bay Watershed
Enclosures
cc Erme Brown
Jeff Hancock
-Itt ,-lgenc), of the Natural Resources Secretartat
Grant Agreement # 90934-2000-WQIA-28
Page 2
The followang acknowledgment of financial assistance must be included on the title or cover page of
all reports, studies, or other documents a_nd maps supported in whole or in part by this award
"Th~s (fill in gem} was funded, in parr, by a grant from the Drgin~a Water Quality lmprouement Fund"
(4) ASSISTANCE The Department agrees upon request of the Contractor to furnish, or otherwise
make avmlable to the Contractor, copies of existing non-proprietary materials in the possession of
the Department that are reasonably related to the subject matter of this Agreement and are
necessary to the Contractor for completion of its performance under this Agreement
(5} GENERAL PROVISIONS Nothmg in this Agreement shall be construed as authority for
either party to make commitments that wall bind the other party beyond the Scope of Services
contmned herein
{6} AVAILABILITY OF FUNDS It is understood and agreed between the parties herem that the
Department shall be bound hereunder only to the extent of the funds available or which may
hereafter become available for the purpose of this Agreement
(7) CREATION OF INTELLECTUAL PROPERTY To the extent that the copyright to any
copyrightable material created pursuant to this Agreement is owned by the Contractor and/or
the Contractor is empowered to license its use, the Department agrees to grant to the
Contractor, and hereby does grant to the Contractor, a license to use the materials so owned
for public, not-for-profit purpose wathm the territory of the Commonwealth and shall execute
and deliver such further documents as the Commonwealth may reasonably request for the
purpose of acknowledging or implementing such license
A copyright notice shall be placed in an appropriate location on any copyrightable material
being dismbuted or published Such notice shall include (1) either the symbol "~", the word
"Copyright", or the abbreviation "Copr ", (2} the year of first publication, and (3} the name of
the copyright owner {the Commonwealth of Virginia) This information shall be followed by the
words, "all rights reserved"
(8) INTEGRATION AND MODIFICATION The V~rglnza Water Oualzty Improvement Act Guidelines
for FY2000 and the Apphcatmn Form w~th suppornng documents agreed to by the Contractor
and the Department are hereby incorporated into this Agreement by reference To the extent
there are inconsistencies between the Agreement and the Apphcation Form and its supporting
documents, this Agreement and its Attachment A shall control This Agreement constitutes
the entire agreement between the Department and the Contractor No alterauon, amendment,
or modification in the provisions of this Agreement shall be effecuve unless it ~s reduced to
writing, signed by the parties and attached hereto
{91 BREACH AND TERMINATION In the event of breach by the Contractor of this Agreement,
the Department shall provide written notice to the Contractor specifying the manner m which
the Agreement has been breached If a not~ce of breach is given and the Contractor has not
substantially corrected the breach wnthm s~xty (60} days of recmpt of the written notice, the
Department shall have the right to terminate the Agreement The Contractor shall be paid for
no sermce rendered or expense incurred after receipt of notice of termmauon, except such fees
and expenses incurred prior to the effective date of termination that are necessary for
curtadment of its work under this Agreement
{10) COLLATERAL CONTRACTS Where there exasts any inconsistency betxveen this
Agreement and other provmions of collateral contractual agreements which are made ~ part of
this Agreement by reference or otherwme, the prowsions of this Agreement shall conttrol
(11} NON-DISCRIMINATION Funds issued to the Contractor by the Department for Best
Grant ,\greement t~ 90934-2000-WQIA-28
Page 3
Management Practice tnstallatlons must be made avmlable to all ehgible landowners or land
managers, regardless of race, color, rehgton, sex, age, national origin, handicap, or pohttcal
Mfiliatlon
Dunng the performance of this Agreement, the Contractor agrees that tt wall not discnmmate
agmnst any employee or apphcant for employment because of race, religion, color, sex or
nauonal origin, except where rehgton, sex or national origin is a bona fide occupatmnal
qualification reasonably necessary to the normal operation of the Contractor The Contractor
shall post in conspicuous places, avmlable to employees and apphcants for employment, notice
setting forth the Contractor's pohctes of non-discr~mmatton stating that such Contractor is an
equal opportunity employer, provided, however, that nonces, advertisements and solicitations
placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this Agreement
The Contractor shall include the substance of the provisions of the foregmng paragraphs
every subcontract or purchase order of more than $10,000 so that the substance of such
provisions w~ll be binding upon each subcontractor or vendor
{12}APPLICABLE LAWS This Agreement shall be governed ln all respects, whether as to
validity, construcnon, capacity, performance or other~vme, by the laws of the Commonwealth of
Virginia
(13} SEVERABILITY Each paragraph and provision of this Agreement ts severable from the
entire -Xgreement, and If any provision is declared invalid, the remaumng provisions shall
nevertheless remmn in effect
(14) CONTINGENT FEE WARRANTY The Contractor warrants thattthas not employed or
retained am, person or persons for the purpose of sohcitmg or securing this Agreement The
Contractor further warrants that it has not pad or agreed to pay any company or person any
fee commission, percentage, brokerage fee, ~mft, or any other consideration, contingent upon
the award or making of this Agreement For breach of one or both of the foregoing warranties,
the Department shall have the right to terminate this Agreement w~thout liability, or, m its
discretion, to deduct from the agreed fee, payment or consideration, or otherwise recover, the
full amount of smd prohibited fee, commission, percentage, brokerage fee, gift, or contingent
fee
{15) CONFLICT OF iNTEREST The Contractor warrants that it has fully complied with the
State a_nd Local Government Conflict of Interests Act as it m~ght apply to this Agreement
(16} FINANCIAL RECORDS AVAILABILITY The Contractor agrees to retmn all books, records,
and other documents relative to this agreement for five {5} years after final payment The
Department, its authorized agents, and/or State auditors shall have full access to and the
right to examme any of smd materials during smd period
(17) MATCHING FUNDS This Agreement ts contingent upon cash and in-k. tnd contributions
by the Contractor to the project to match at least 50% of the total project amount agreed to by
the Contractor Matching contributions, both ~n cash and ~n-kmd, must reflect expenses
directly related to the implementation of this project Such contributions must be approved tn
writing by the Department prior to commencement of any of the work described tn Attachment
-X The decision of the Department xmth respect to such approval shall be final
{18} DOCUMENTS The Contractor ma,, retmn anv reports, studies, photographs, negatives, or
other documents prepared by the Contractor in the performance of its obhgauons under this
Agreement and not required to be dehvered to the Department The Department sha~l have
certmn rights to use any such materials as specified above Where necessary, for the Grantor's
full enjoyment of tis rights and other rights referenced tn th~s Agreement, the Contractor shall
Grant Agreement # 90934-2000-WQIA-28
Page 4
provide a clear, reproducible copy of such materials (machine readable upon request, if readily
avmlable to the Contractor m such form} to the Department
(19) QUALITY ASSURANCE/QUALITY CONTROL PROJECT PLANS Within s~xty (60} days of
the effective date of this Agreement and if required m Attachment A of this Agreement, the
Contractor will submit to the Department for review and approval a Quality Assurance/Quality
Control Project Plan No water quality momtonng actlvmes shall be initiated until the Quality
Assurance/Quality Control Project Plan has been approved by the Department The
Contractor shall implement the approved Quality Assurance/Quality Control Project Plan in
performing environmental monitoring activltms
(20} FORCE MAJEURE If at any time the Contractor determines that it is unable to comply
wath any promsion of this Agreement, the Contractor wall promptly promde written notification
to the Department This notification wall include a statement of the reasons for fmlure to
comply, any acnons to be taken to secure compliance and an estimate of the time necessary to
regmn compliance The Contractor may assert and it shall be a defense to any action by the
Department to collect stipulated penalties or otherwase secure performance of this Agreement
that the alleged failure to comply was due to circumstances beyond the control of the
Contractor
{21) OPERATION AND MAINTENANCE Within sixty (60) days of the effective date of this
Agreement, the Contractor wall submit to the Department, for review and approval, an
Operation and Mmntenance Plan for the project The Contractor will operate and maintain the
project, or secure the operation and maintenance of the project through landowner
agreements, m a manner consistent wath the plan as approved by the Department In the
event that the Contractor fails to comply w-tth the preceding sentence, the Department shall
give written notice specifying the failure to comply and shall give the Contractor the time to
correct such fmlure as provided for hereto v, ath respect to a breach of this Agreement
(22} ENFORCEMENT For nonpoint source Best Management Practice installations funded
through this Agreement, wathm ninety (90} days of recmpt of written demand from the
Department, the Contractor shall repay an amount, on a straight line pro-rated basts, of the
WQIA funds used for the mstallauon, for noncomphance wath Section {21) OPERATION AND
MAINTENA. N.CE., unless the Contractor asserts a defense afforded it under this Agreement
Wlthm sixty (60) days of receipt of written demand from the Department, the Contractor shall
pay a supulated penalty in the amount of $1,000 or 15%, whichever is greater, of the total
award for any of the conditions as set forth in this Agreement, including failure to meet the
final deadline or noncomphance w~th the Scope of Services, Attachment A, unless the
Contractor asserts a defense afforded ~t under this Agreement
Repayments and stipulated penalties wall be paid ~nto the State Treasury and credited to the
Fund The Contractor's right to collect repayments and supulated penalues does not affect in
any way the Department's right to secure specific performance of the Agreement using such
other legal remedms as may otherwase be avmlable
Grant Agreement # 90934-2000-WQIA-28
Page 5
IN WITNESS THEREOF the parnes have caused the Agreement to be executed by the following
duly authorized officmls
Contractor
Department
CITY OF VIRGINIA BEACH
DEPARTMENT OF CONSERVATION AND
RECREATION
By By
Tttle
Title Jack E Frye. D~rector DSWC
Date Date
av
T~tle David G Brtcklev, Director
Date
90934-2000-WQIA-28
SCOPE OF WORK
ATTACHMENT A
Thalia Creek Wetlands Re-Establishment Project
City of Virginia Beach
I. SCOPE OF SERVICES
Prolect Abstract
Th~s project focuses upon the re-estabhshment of wetlands, along two exmnng
channels (1,800 total LF) severely ~mpacted by decades of res~dentml and
commercml development. The City of V~rginm Beach ~s currently wldemng
these channels to help alleviate upstream flooding. Originally, the channels
were native wetlands filtering runoff into Thaha Creek, a state TMDL
waterbody. The City proposes using innovative materials and construction
methods to re-estabhsh wetlands along the channel ~mprovements instead of
traditional bank stabilization methods (armor stone or concrete) while
momtonng the pre- and post-conditions for the actual pollutant reduction rates
assocmted with sustainable channel design in conjunction w~th the
Department of Environmental Quailty.
Specxfic project goals include the following:
· Alleviate upstream flooding by installing storm drmns and wldemng
channels
· Re-establish wetlands
· Momtor pre- and post-construction conditions for pollutant reductxon rates
Prolect Description
The project ~s located on the head~vaters of Thaha Creek, a tributary to the
Lynnhaven River. Dunng the early 1960's heavy commercial, res~dentml and
highway development without stormwater management gmdehnes occurred
throughout the upstream watershed. The resulting runoff has since slo~vly
caused a s~gnificant decline in nauve xvetland specxes. Thxs ~s confirmed by the
inclusion of Thal~a Creek on both the TMDL list for fecals by DEQ and the h~gh
priority watershed list by DCR
The City of Virglnm Beach plans to continue thmr efforts to renew Thaha Creek
by proposing these ~vetland re-estabhshments. In 1991, the Cxty created a
Master Plan for the upland areas of the project to control and plan re-
development. Thru plan idennfied methods of stormwater management a. nd
unknown flhc~t sanitary d~scharges. However, the key concerns remmr~ed TPH,
trash, mtrogen, phosphorus and sediments assocmted ~v~th commercial
parking areas and restdenttal ferttltzers These pollutants were confirmed
through on-site water quahty monitoring conducted from May 1992 through
October 1992 as part of the City's National Pollution Discharge Ehmlnat~on
System (NPDES) wet weather monitonng program
The Pocahontas Village Drainage Improvements project was tnltlated by the
C~ty m response to these monitoring results and major drainage deficiencies
caused by development. Channel widening is required for increasing capacity,
however the City will be constructing wetland and wildflowers in heu of typical
armor stone/concrete urban channel designs. Fecal pollutants identified
further downstream by DEQ will be addressed by this project during the
tnstallat~on of nexv storm drains. Unknown illicit samtary connections may
ex~st as part of the 1950's subdivision and shall be ehmmated as part of this
construction if found. The planting of wetland species along the channels that
shall also incorporate low-flow check dams to trap sediments shaJl reduce non-
potnt pollutants. The total channel length will be over 1,800 hnear feet re-
establtshing over an acre of wetlands immediately downstream of the
commercial outfalls. The City has already dedicated the funding to implement
the storm drain and channel improvements. The City ts seeking grant funding
to asstst in the implementation of wetlands re-establishment and stream
restoration along the outfall channels from storm drain improvements within
the residential subdivision
Innovative techniques and uses ~nclude geotextlle confinement grids Installed
for stabilizing the channel, biodegradable logs for channel toe benches,
expansion and incorporation of an adjacent wetland m~tlgatlon area on private
property, and modifications in the maintenance program to reduce mo~vmg and
~solate trash removal efforts through the wetlands planting plan
Project Cooperators
The development of this project has occurred through an ongoing coordination
process Project coordination to date includes:
Party Role Contact PersOn
V~rgrnm Bea~h.'Department of PUblic Works Adm~'mstratton, Inspection 'Karl Srmthson
Rummel. Klepper & Kahl, LLP Study, Design Adam Jack
V~rgmsa Beach,"Planmng Master Plan, Development Controls Torn Pauls
Department of Envsronm~ntal Quality i'DEQJ permsttmg, Momtorsng M~chelle Fults
Unsted States Army Corps of Engineers {uSACE} Permitting, Wetland Integration Meimsa Smith
~, ~rg,nla Beach PUblic Schools Educauon Patnma Griffin
Currently all environmental permits have been approved and issued. The
project is ~n the process of being btd for construction by the C~ty. Continued
coordlnatton ts occurnng to tntegrate the project into the curriculum ali
Pnncess Anne High School, whtch is nearby
As the project ~s located between residential and commermal development,
there has been httle opportumty to have private entltmS partlmpate m the
project. However, continuing efforts are being made to have some matermls
donated to the project by manufacturers as DEQ and the City will be using the
momtormg data to establish credits and guidelines assocmted w~th sustainable
design for future permit applications Those agreements between DEQ and the
City were mutually developed on a voluntary bas~s outside the permitting
process.
The City of Virginia Beach has long been one of the leading munimpaltttes in
the Commonwealth regarding the quality of runoff and the conveyance of
stormwater. The City, the design consultant, the material prowder, as well as
DEQ and the USACE will closely monitor installation of these ~vetlands by a
Contractor Long term maintenance will be enhanced through a two-year
mowing/sediment removal program and a wetland planting plan, which will
trap debris near roadway culverts.
II. BUDGET
WQIA
Construction
(specify details)
MATCH
Construction
{specify details}
$100,000
$100,000
III. SCHEDULE
Grant period begin
Quarterly Report 1
Quarterly Report 2
Quarterly Report 3
Quarterly Report 4
Quarterly Report 5
Quarterly Report 6
Quarterly Report 7
Quarterly Report 8
S
(Effective date - 03/31 / 01) due to Department 04 /
(04/01/01 - 06/30/01) due to Department 07/
(07/01/01 - 09/30/01) due to Department 10/
(10/01/01 - 12/31/01)due to Department 01/
(01 / 01 / 02 - 03 / 31 / 02) due to Department 04 /
(04/01/02 -06/30/02) due to Department 07/
(07/01/02- 9/31/02) due to Department 10/
(10/01/02- 12/31/02) due to Department 01/
15/01
15/01
15/01
15/02
z5/o2
15/02
15/02
15/03
Final Report due to Department
01/15/03
The Operation and Maintenance Plan, due to DCR within s~xty days o£~grant
agreement execution, will provtde a detmled explanation of the maintenance
schedule. A QA/QC Project Momtorlng Plan should be submitted to the
department by the end of the first quarter of the project
The Quarterly Reports shall contmn a summary of progress and activities for
each deliverable listed in Attachment C, Milestone Table, and indicate any
problems and solutions in meeting the Milestones. Quarterly funds
expenditure information, Attachment B, Project Financial Report, for
reimbursement as appropriate must be provided with the Quarterly Reports. A
completed Attachment D, NPS Pollution Tracknng Data form, will also be
submitted as appropriate for the project activities.
The F~nal Project Report, due to the Department January 15, 2003, shall
describe the accomplishments and activities during the period that the project
began through the end date and shall summarize all project accomplishments,
expenditures and matching contributions.
IV. MILESTONES
The Contractor shall accomplish the activities listed and adhere to the
schedule as described in Attachment C, Milestones In addition, the
Contractor shall report on the establishment of easements on Attachment D,
NPS Tracking Data Form-Urban Quarterly submittal of the tracking forms
shall be a component of the Milestone schedule.
~ \ ADMI N \89603 \v, qm \g0934A DOC
ATTACHMENT B.
Federal Taxpayer
ID Number
Grantee
Contact Person
Mailing Address
PROJECT FINANCIAL REPORT
COMMONWEALTH OF VIRGINIA
Department of Conservation and Recreation
90934-2000-WQIA-28
City of Vtrgmla Beach Invotce Payable To City of Vtrgtma Beach
Mr Mark Johnson Telephone Number (757) 427-4131
Department of Public Works, Municipal Center
Virginia Beach, VA 23456-9031
Project T~tle
Funding Period
Pocahontas Vtllage Drmnage Improvements
(beg~nmng)
(clomng}
DCR Funds
Personnel
Fringe
Travel
Eqmpment
Supplies
Contractual
Construction
Other Direct
TOTAL
Match Funds
Personnel
Fringe
Travel
Equipment
Supplies
Contractual
Construction
Other Direct
Indirect
TOTAL
Budget Current Cumulauve Unexpended
Expenditures Expendttures Balance
$3,500
$1,000
$1,000
$23,000
$69,500
$2,000
$100,000
Budget
$3,500
$1,000
$1,000
$23,000
$69,500
$2.000
$100,000
Current
Expenditures
Cumulative
Expendttures
Unexpended
Balance
Total Funding Request
Authorized Signature:
Date: ,
- 26-
Item V-I. 5.
ORDINANCES/RES OL UTIONS
ITEM # 48200
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordtnance to TRANSFER $229,969 wtthtn the FY2000-O1 Vtrgtnta Beach
Court Service Untt operattng budget, and, TRANSFER $597,676from the
General Fund Reserve for Conttngenctes- Juvemle Detentton to the FY
2000-01 operattng budget of the Vtrgtnta Beach Court Servtce Unit re full
funding of the juvenile non-secure, outreach detention and group home
services.
Vottng 10-0 (By Consent)
Counctl Members Vottng A~;e
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
May 22, 2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO FULLY FUND JUVENILE NON-SECURE
DETENTION, OUTREACH DETENTION, AND GROUP HOME
SERVICES BY TRANSFERRING $229,969 WITHIN THE FY
2000-01 VIRGINIA BEACH COURT SERVICE UNIT
OPERATING BUDGET AND $597,676 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES TO THE FY 2000-01
VIRGINIA BEACH COURT SERVICE UNIT OPERATING BUDGET
WHEREAS, additional funding of $827,645 will be needed by the
Virginia Beach Court Service Unit in FY 2000-01 to meet increased
needs for non-secure and outreach detention services and community
based treatment services for juveniles under the supervision of the
Virginia Beach Juvenile and Domestic Relations District Court; and
$229,969 is available for transfer within the Virginia Beach Court
Service Unit's FY 2000-01 operating budget, and $597,676 is
available in the General Fund Reserve for Contingencies for
transfer to meet these needs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, for the purpose of fully funding juvenile non-secure and
outreach detention, and group home services, (a) $229,969 is hereby
transferred between two contractual services accounts within the FY
2000-01 operating budget of the Virginia Beach Court Service Unit,
and (b) $597,676 is hereby transferred from the General Fund
Reserve for Contingencies-Juvenile Detention to the FY 2000-01
operating budget of the Virginia Beach Court Service Unit.
26
27
28
29
30
31
32
33
34
35
36
37
38
Adopted by the Counc±l of the City of Virginia Beach,
Virginia, on the 22 day of May , 2001.
Requires an affirmative vote by a majority of the members of
City Council.
CA-8121
ordin/noncode / j probt rghcord, wpd
May 11, 2001
R-2
Approved as to Content:
Approved as to Legal
Sufficiency:
City Atto~ne~ Off~e
ATTACHMENT 1
Use of Non-Secure and Outreach Detention and Post Dispositional Serv ices
by the Virginia Beach Juvenile and Domestic Relations District Court
2000-01
2000-01 through Projected Over
Fiscal Year 1996-97 1997-98 1998-99 1999-00 Budgeted March 2000-01 Budget
Days Ublized 17,013 43,912 50,129 55,205 11,117 38,041 56,669
Number of
Adm ~ss~ons 613 828 860 1,010 -- 791 1,062
Required Local $1,124,36
Match a. 0 $1,124,360 $662,505 $662,505 $662,505
Local
Expenditures b $680,019 $868,278 $1,010,339 $1,347,025 $753,859 $872,535 $1,581,504 $827,645
State Block
Grant $1,292,14
Expenditures c 1 $1,688,043 $2,471,013 $2,471,013 $2,471,013 $2,045,135 $2,471,013 $0
Change ~n Local
Expenditures -- 27 7% 16 4% 33 3% .... 17 4%
Change ~n Days
Ubhzed -- 158 1% 14 2% 10 1% .... 2 7%
Change ~n
Admissions -- 35 1% 3 9% 17 4% .... 5 1%
Average Length
of Stay (~n days) -- 53 58 55 .... 53
Average Da~ly
Populabon -- 120 137 151 .... 155
a The required local match of funds ~s equal to the am ount of local funds expended for block grant funded program s or
services ~n FY 1994-95 per Code of V~r.q~n~a, section 16 1-309 6 as determ ~ned by the Department of Juvemle Jusbce
G~ven ambiguity of State requirements ~n th~s new block grant program ~n terms of counbng toward the required local match
contnbut~ons for CSA-related services for court youth, the State allowed Iocahbes a transition penod ~n FY 1997-98 to make
up funding short-falls ~n the required local match for FY 1996-97 For FY 1998/1999- FY1999/2000 b~enn~al plan, the State
recalculated and reduced the C~ty's maintenance of effort from $1,124,360 to $662,505
lb. Local expenditures shown above exclude the following expenditures for Pendleton Child Serv ~ce Center that are also
counted toward m eebng the required local match requ~rem ent FY 1996-97 $352,181, FY 1997-98 $367,195, FY 1998-99
$437,140, FY 1999-00 $396,285, and FY 2000-01 $402,924 (adjusted budget)
c The V~rg~n~a Juvenile Community Crime Control Act block grant was effecbve January 1, 1996 and replaced the block grant
previously received by the T~dewater Regional Group Home Commission The amount of the grant may change, since ~t ~s
determined by a formula used by the State that revolves the Iocal~ty's juvenile arrests for certain Part I and Part II offenses,
and adjud~cabon for del,nquent and status offenses not ~nvolvmg commitment to the state or use of treatment funded
through the Com prehens~ve Services Act Previously, the amount of the grant was FY 1994-95 (January through June)
$713,526, FY 1996-97 $1,731,429, and FY 1997-98 $1,899,161 For FY 2000-01/FY 2001-02 b~enn~um, the total block
grant per year remains the same as ~n the previous b~enmum, $2,471,013 which includes costs f or Pendleton Child Serv ice
Center ($210,000), the Children ~n Need of Supervision (CHINS) Unit ($291,760) and Early Intervention program s
($104,000)
ATTACHMENT 1
Use of Non-Secure and Outreach Detention and Post Dispositional Serv ices
by the Virginia Beach Juvenile and Domestic Relations District Court
2000-01
2000-01 through Projected Over
Fiscal Year '1996-97 '1997-98 1998-99 1999-00 Budgeted March 2000-01 Budget
Days Ut~hzed 17,013 43,912 50,129' 55,205 11,117 38,041 56,669
Number of
Admissions 613 828 860 1,010 -- 791 1,062
Required Local $1,124,36
Match a 0 $1,124,360 $662,505 $662,505 $662,505
Local
Expenditures b $680,019 $868,278 $1,010,339 $1,347,025 $753,859 $872,535' $1,581,504 $827,645
State Block
Grant $1,292,14
Expenditures c 1 $1,688,043 $2,471,013 $2,471,013 $2,471,013 $2,045,135 $2,471,013 $0
Change ~n Local
Expenditures -- 27 7% 16 4% 33 3% .... 17 4%
Change ~n Days
Ubhzed -- 158 1% 14 2% 10 1% .... 2 7%
Change ~n
Admissions -- 35 1% 3 9% 17 4% .... 5 1%
Average Length
of Stay (~n days) -- 53 58 55 .... 53
Average Da~ly
Population -- 120 137 151 .... 155
a The required local match of funds ~s equal to the am ount of local funds expended for block grant funded program s or
services ~n FY 1994-95 per Code of V~r.q~n~a, secbon 16 1-309 6 as determ ~ned by the Department of Juvenile Jusbce
G~ven ambiguity of State req~:~rements ~n th~s new block grant program ~n terms of counting toward the required local match
contr~bubons for CSA-related services for court youth, the State allowed Iocahbes a transibon per~od ~n FY 1997-98 to make
up funding short-falls ~n the required local match for FY 1996-97 For FY 1998/1999- FY 1999/2000 b~enn~al plan, the State
recalculated and reduced the C~ty's maintenance of effort from $1,124,360 to $662,505
b Local expenditures shown above exclude the following expenditures for Pendleton Child Serv ~ce Center that are also
counted toward meebng the required local match requirement FY 1996-97 $352,181, FY 1997-98 $367,195, FY 1998-99
$437,140, FY 1999-00 $396,285, and FY 2000-01 $402,924 (adJusted budget)
c The V~rg~nia Juvenile Community Crime Control Act block grant was effective January 1, 1996 and replaced the block grant
previously received by the T~dewater Regional Group Home Commission The amount of the grant may change, s~nce ~t ~s
determined by a formula used by the State that ~nvolves the Iocahty's juvenile arrests for certain Part I and Part II offenses,
and adjud~cabon for dehnquent and status offenses not ~nvolv~ng commitment to the state or use of treatment funded
through the Com prehens~ve Services Act Previously, the amount of the grant was FY 1994-95 (January through June)
$713,526, FY 1996-97 $1,731,429, and FY 1997-98 $1,899,161 For FY 2000-01/FY 2001-02 b~enn~um, the total block
grant per year remains the same as ~n the prev ~ous b~enn~um, $2,471,013 which ~ncludes costs f or Pendleton Child Serv ~ce
Center ($210,000), the Children ~n Need of Supervision (CHINS) Unit ($291,760) and Early Intervenbon program s
($104,000)
ATTACHMENT 1
Use of Non-Secure and Outreach Detention and Post Dispositional Serv ices
by the Virginia Beach Juvenile and Domestic Relations District Court
2000-01
2000-01 through Projected Over
Fiscal Year 1996-97 1997-98 1998-99 1999-00 Budgeted March 2000-01 Budget
Days Ublized 17,013 43,912 50,129 55,205 11,117 38,041 56,669
Number of
Adm ~ss~ons 613 828 860 1,010 -- 791 1,062
Required Local $1,124,36
Match a 0 $1,124,360 $662,505 $662,505 $662,505
Local
Expenditures b $680,019 $868,278 $1,010,339 $1,347,025 $753,859 $872,535 $1,581,504 $827,645
State Block
Grant $1,292,14
Expenditures c 1 $1,688,043 $2,471,013 $2,471,013 $2,471,013 $2,045,135 $2,471,013 $0
Change ~n Local
Expenditures -- 27 7% 16 4% 33 3% .... 17 4%
Change ~n Days
Ublized -- 158 1% 14 2% 10 1% .... 2 7%
Change ~n
Admissions -- 35 1% 3 9% 17 4% .... 5 1%
Average Length
of Stay (~n days) -- 53 58 55 .... 53
Average Da~ly
I
Populabon
1201 137 151 .... 155
a The required local match of funds is equal to the am ount of local funds expended for block grant funded program s or
services ~n FY 1994-95 per Code of V~r.q~n~a, secbon 16 1-309 6 as determ ~ned by the Department of Juvenile Jusbce
G~ven ambiguity of State requirements ~n th~s new block grant program ~n terms of counbng toward the required local match
contr~bubons for CSA-related services for court youth, the State allowed Iocaht~es a trans~bon per~od ~n FY 1997-98 to make
up funding short-falls ~n the required local match for FY 1996-97 For FY 1998/1999- FY 1999/2000 b~enn~al plan, the State
recalculated and reduced the C~ty's maintenance of effort from $1,124,360 to $662,505
b. Local expenditures shown above exclude the following expenditures for Pendleton Child Serv ~ce Center that are also
counted toward meebng the required local match requirement FY 1996-97 $352,181, FY 1997-98 $367,195, FY 1998-99
$437,140, FY 1999-00 $396,285, and FY 2000-01 $402,924 (adJusted budget)
c The V~rgm~a Juvenile Community Cr~me Control Act block grant was effecbve January 1, 1996 and replaced the block grant
prewously received by the Tidewater Regional Group Home Commission The amount of the grant may change, since ~t ~s
determined by a formula used by the State that ~nvolves the Iocal~ty's juvenile arrests for certain Part I and Part II offenses,
and adjud~cabon for dehnquent and status offenses not ~nvolv~ng commitment to the state or use of treatment funded
through the Comprehensive Services Act Previously, the amount of the grant was FY 1994-95 (January through June)
$713,526, FY 1996-97 $1,731,429, and FY 1997-98 $1,899,161 For FY 2000-01/FY 2001-02 b~enn~um, the total block
grant per year remains the same as ~n the previous b~enn~um, $2,471,013 which ~ncludes costs f or Pendleton Child Serv ~ce
Center ($210,000), the Children ~n Need of Supervision (CHINS) Unit ($291,760) and Early Intervenbon program s
($104,000)
Item V-I. 6.
-27-
ORDINANCES/RES OL UTIONS
ITEM # 48201
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordinance to authortze a temporary encroachment tnto a portton of the
Ctty's vartable wtdth impoundment easement, destgnated as "LAKE", at the
rear of 2116 Bterce Drive by BRIAN C. and LORI S. MOUM, re
constructtng and matntatntng a marginal wharf, along an extsttng
bulkhead (DISTRICT 7 - PRINCESS ANNE), subJect to
The following condtttons shall be requtred
The temporary encroachment wtll be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta
and the City of Vtrgtnta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment heretn authortzed terminates upon
notice by the Ctty to the Grantee, and that wtthtn thtrty (30) days
after the notice ts gtven, the temporary encroachment must be
removed from the encroachment area by the Grantee, and that
the Grantee will bear all costs and expenses of such removal
Grantee shall tndemmfy and hold harmless the City, tts agents
and employees, from and agatnst all claims, damages, losses and
expenses tncludtng reasonable attorney's fees tn case tt shall be
necessary to file or defend an actton artstng out of the locatton
or extstence of the temporary encroachment
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permit the matntenance or
construction of any encroachment other than that spectfied
heretn and to the hmtted extent specified heretn, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The Grantee must obtatn a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
The Grantee must obtatn and keep tn force all-rtskproperty
tnsurance and general habthty or such msurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The Grantee also agrees to carry comprehensive general habthty
tnsurance tn an amount not less than $500,000, combtned stngle
hmtts of such tnsurance pohcy or pohctes The Grantee will
provtde endorsements provtdtng at least thtrty (30) days written
nottce to the Ctty prtor to the cancellatton or termtnatton of or
matertal change to, any of the tnsurance pohctes The Grantee
assumes all responstbthttes and habthttes, vested or conttngent,
wtth relatton to the temporary encroachment
The temporary encroachment must conform to the mtntmum
setback reqmrements, as estabhshed by the Ctty
May 22, 2001
Item V-I. 6.
- 28 -
ORDIN~4NCES/RESOLUTIONS ITEM # 48201 (Continued)
10
The Grantee must submtt for revtew and approval, a survey of
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land surveyor and/or "as butlt" plans of
the encroachment sealed by a regtstered professtonal engtneer,
tf requtred by etther the Ctty Engmeer's Office or the
Engineering Dtvtston of the Pubhc Utthttes Department
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee, and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the Grantee to remove the temporary encroachment,
and pendtng such removal, the Ctty may charge the Grantee for
the use of the encroachment area, the eqmvalent of what would
be the real property tax upon the land so occupted tf tt were
owned by the Grantee, and tf such removal shall not be made
wtthtn the ttme ordered heretnabove by thts Agreement, the Ctty
may tmpose a penalty tn the sum of One Hundred Dollars ($100)
per day for each and every day that the temporary encroachment
ts allowed to conttnue thereafter, and may collect such
compensatton and penalttes tn any manner provtded by law for
the collectton of local or state taxes
Vottng l O-O (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrison, dr
May 22, 2001
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S VARIABLE
WIDTH IMPOUNDMENT EASEMENT AT THE
REAR OF 2116 BIERCE DRIVE BY BRIAN C
MOUM AND LORI S MOUM, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, Brian C Moum and Lon S Moum, desire to construct and
10 maintain a marginal wharf ~nto a porbon of the C~ty's variable width ~mpoundment
easement designated as "LAKE", located at the rear of 2116 B~erce Drive
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WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15 2-
13 2107, Code of V~rg~ma, 1950, as amended, to authorize a temporary encroachment upon
14 the C~ty's right-of-way subject to such terms and cond~bons as Council may prescribe
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NOW, THEREFORE BE IT ORDAINED BYTHE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
17
That pursuant to the authority and to the extent thereof contained in §§ 15 2-
18 2009 and 15 2-2107, Code of V~rg~n~a, 1950, as amended Bnan C Moum and Lon S
19 Moum, their he~rs, assigns and successors ~n btle are authorized to construct and maintain
2 0 a temporary encroachment for a marginal wharf as shown on the map enbtled Lot 1415,
21 "SUBDIVISION OF RED MILL FARM SECTION 23 SOUTH SHORE ESTATE PRINCESS
22 ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA AUGUST 15, '1995," a copy of which
2 3 ~s on file ~n the Department of Public Works and to which reference ~s made for a more
24 parbcular descnpbon, and
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BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly
2 6 subject to those terms, condibons and criteria contained ~n the Agreement between the
2 ? C~ty of V~rg~n~a Beach and Brian C Moum and Lon S Moum, (the "Agreement") which ~s
28 attached hereto and ~ncorporated by reference, and
29
BE IT FURTHER ORDAINED that the City Manager or h~s authorized
30 designee ~s hereby authorized to execute the Agreement
31
32 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the 22
33
day of ~.ay ,2001
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CA~ ~b¢
PWALDO/ENCROACHMENTS/BIERCE/ORD
R-1
PREPARED 4/01/01
APPI~VED AS TO CONTENTS
-s!GNAYURE
DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
LOCATION MAP SCALE: 1" = 1,600'
/ '",,/ //// / !, / ,~ · ~. z
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LOCATION
MAP FOR
PROPOSED ENCROACHMENT ,"
INTO . CITY'S IMPOUNDMENT EASE/VI.I~NT
,~ z~';'.'~ AT 2116 BIERCE DRIVE ,. ,.,f~,"
~~~ { ("~~ FOR ~ ~
~, BRIAN C. MOUM & LQRI S. MO'UM ~
PI~S~G~A~O AGENDA. DGN PREPARED BY P~ ENG. ~DD. ~~
lille hne~ and the ~alh ol the buildings are as thown hn Ih,~ ~ ~ L ~RRET[ ~t~l
Ih. bu,ld,n,..t.nd ,tr,,tl~ .,th,n the t,tl. hn.,.~ th.r..r~,, .n(r~.~tn,, o, other build,n~, on
/ ~ ~ ' rolO0 I /
, /tn o h ent
XX ',,~ % ~ ~ ~
~- 'w5, ~
STEPS
Z.o' / h
~o' rid
~ ~16 I u AC
PADS
SCALE: ' I" ' 30'
~O1E,
PRGP~RI'Y APPE~,'~RS 1'0 FALl.
ZOI1E X OUTSIDE 500YR F'L~
nS SHOWN O~ NATICX'~AL FLO00
PROGRAM MAP FOR O1 I' OF Y.~ E~ACH
C~C 5. Igg~ CCt~'~ I~0 ~553a O05lE
EXHIBIT "A"
PHYSICAL SURVEY
OF
LOT 1415, RED MILL FARM, SECTION 2.3 ! SOUTH SHORE ESTATE
Proposed Marginal Wharf
2116 Bierce Drive
Brian C. Moum
Revised: 16 Feb 01
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMFI~D FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this o~ day of ff)ctt'e_/~x
,2001, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and BRIAN C MOUM AND LORI S MOUM, husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 1415 "SUBDIVISION OF RED MILL FARM SECTION
23 SOUTH SHORE ESTATE PRINCESS ANNE BOROUGH - VIRGINIA BEACH,
VIRGINIA AUGUST 15, 1995", said plat having been recorded in Map Book 251, Page 1, in the
City of Virginia Beach, City Clerk's Office, Virginia Beach, Virginia and being further designated
and described as 2116 Bieree Drive, Virginia Beach, Virginia 23454, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a
marginal wharf, "Temporary Encroachment", in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of the City's variable impoundment easement
designated as "lake", located at the rear of property known as 2116 Bierce Drive, Virginia
Beach, Virginia 23454, "The Temporary Encroachment Area", and the Grantee has requested that
the City permit a Temporary Encroachment within The Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
GPIN 2414-58-4684
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and malntaimng the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of V~rgmia Beach, and ~n accordance with the City's specifications and approval and is
more particularly described as follows, to wit
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled "PROPOSED MARGINAL WHARF
2116 BIERCE DRIVE BRIAN C MOUM" a copy of which ~s
attached hereto as Exhibit "A" and to which reference is made for a
more particular description
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the not~ce is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such
removal
It ~s further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specffied herein, nor
to penmt the maintenance and construction of any encroachment by anyone other than the
Grantee
It Is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable The Grantee also agrees to carry comprehensive general liability insurance
m an amount not less than $500,000 00, combined single limits of such insurance policy or
policies The Grantee will provide endorsements providing at least thirty (30) days written nonce
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department
It is further expressly understood and agreed that the C~ty, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost ~n any manner prowded by law for the collection
of local or state taxes, may reqmre the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied ~f~t were owned
by the Grantee, and ~fsuch removal shall not be made within the time ordered hermnabove by this
Agreement, the City may ~mpose a penalty in the sum of One Hundred Dollars ($100 00) per day
for each and every day that the Temporary Encroachment ~s allowed to connnue thereafter, and
may collect such compensanon and penalties ~n any manner provided by law for the collection
of local or state taxes
IN WITNESS WHEREOF, Brian C Moum and Lon S. Moum, husband and w~fe,
the smd Grantee, has caused th~s Agreement to be executed by thetr s~gnatures and seals duly
affixed Further, that the C~ty of Vlrgima Beach has caused th~s Agreement to be executed ~n its
name and on ~ts behalf by ~ts City Manager and its seal be hereunto affixed and attested by ~ts
C~ty Clerk
CITY OF VIRGINIA BEACH
By
C~ty Manager/Authorized
Designee of the C~ty Manager
(SEAL)
ATTEST
City Clerk
Brian c Moum
Lorl S Moum
APPROVED AS TO
LEGAL SUFFICIENCY
CITY AT'TOR~E~ ~
APPROVED AS TO CONTENT
CS~TY REAL ESTATE AGENT
2116 Bierce Drive
2116 Bierce Drive
..'., ·
Nearby similar encroachments
Item V-I. 7.
- 29 -
ORDINANCES/RESOL UTIONS
ITEM # 48202
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolution to authortze the tssuance and sale of $48,500,000 General
Obligation Public Improvement Bonds, Sertes of 2001, of the Ctty oJ
Vtrgtnta Beach, heretofore authortzed, for various capital improvements.
Votmg 10-0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
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RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$48,500,000 OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 2001, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR
THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $53,800,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 12,
1998, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects,
buildings and parks and recreation projects, $24,947,407 of which
bonds have been issued and sold; and
WHEREAS, the issuance of $3,500,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on December
8, 1998, without being submitted to the qualified voters of the
City, to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects,
buildings and parks and recreation projects, none of which bonds
have been issued and sold; and
WHEREAS, the issuance of $56,700,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 11,
1999, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects,
building and parks and recreation projects, $5,000,000 of which
bonds have been issued and sold; and
WHEREAS, the issuance of $49,700,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on May 9,
2000, without being submitted to the qualified voters of the City,
to finance various public improvements, including schools,
roadways, coastal projects, economic and tourism projects,
building and parks and recreation projects, none of which bonds
have been issued and sold; and
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WHEREAS, the City Council has determined it is in the City's
best interest to issue and sell $15,500,000 of the bonds
authorized on May 12, 1998, all of the bonds ($3,500,000)
authorized on December 8, 1998, $24,500,000 of the bonds
authorized on May il, 1999, and $5,000,000 of the bonds authorized
on May 9, 2000; and
WHEREAS, it has been recommended to the City Council by
representatives of Government Finance Associates, Inc. and
Government Finance Group, Inc. (the "Financial Advisors") that the
City issue and sell a single issue of public improvement bonds in
the principal amount of $48,500,000,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to
the Constitution and statutes of the Commonwealth of Virginia,
including the City Charter and the Public Finance Act of 1991,
general obligation public improvement bonds of the City in the
principal amount of $48,500,000 (the "Bonds") to provide funds to
(a) finance, in part, the cost of the various public, school, road
and highway, coastal, economic and tourism, building and parks and
recreation improvements as more fully described in the ordinances
authorizing the Bonds adopted on May 12, 1998, December 8, 1998,
May 11, 1999, and May 9, 2000 (collectively, the "Project"), and
(b) pay costs incurred in connection with issuing the Bonds.
2. Bond Details. The Bonds shall be designated "General
Obligation Public Improvement Bonds, Series of 2001," shall be in
registered form, shall be dated June 1, 2001, shall be in
denominations of $5,000 and integral multiples thereof and shall
be numbered R-1 upward. The issuance and sale of the Bonds are
authorized at an interest cost and at a price as shall be
satisfactory to the City Manager; provided, however, that the
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Bonds (a) shall have a "true" or "Canadian" interest cost not to
exceed 7.0%, taking into account any original issue discount or
premium, and (b) shall be sold to the purchaser at a price not
less than 99% of the principal amount thereof. The Bonds shall
mature or be subject to mandatory sinking fund redemptions in
installments on June 1 in years and amounts, as follows:
Year Amount Year Amount
2002 $2,425,000 2012 $2,425,000
2003 2,425,000 2013 2,425,000
2004 2,425,000 2014 2,425,000
2005 2,425,000 2015 2,425,000
2006 2,425,000 2016 2,425,000
2007 2,425,000 2017 2,425,000
2008 2,425,000 2018 2,425,000
2009 2,425,000 2019 2,425,000
2010 2,425,000 2020 2,425,000
2011 2,425,000 2021 2,425,000
At the time of sale, the City Manager may provide for
consecutive annual principal amounts of the Bonds to be combined
into not more than two term Bonds (the "Term Bonds").
Each Bond shall bear interest from June 1, 2001, at such rate
as shall be determined at the time of sale, calculated on the
basis of a 360-day year of twelve 30-day months, and payable
semiannually on each June 1 and December 1, beginning December 1,
2001. Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due at
the office of the Registrar, as hereinafter defined. Interest
shall be payable by check or draft mailed to the registered owners
at their addresses as they appear on the registration books kept
by the Registrar on the fifteenth day of the month preceding each
interest payment date. Principal, premium, if any, and interest
shall be payable in lawful money of the United States of America.
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Initially, one Bond certificate for each maturity of the
Bonds shall be issued to and registered in the name of The
Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Letter of
Representations relating to a book-entry system to be maintained
by DTC with respect to the Bonds. "Securities Depository" shall
mean DTC or any other securities depository for the Bonds
appointed pursuant to this Section.
In the event that (a) the Securities Depository determines
not to continue to act as the securities depository for the Bonds
by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City in its sole discretion
determines (i) that beneficial owners of Bonds shall be able to
obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the
direction of the City, attempt to locate another qualified
securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities
Depository or its nominee, or authenticate and deliver
certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners
substantially in the form provided for in Section 5; provided,
however, that such form shall provide for interest on the Bonds to
be payable (A) from the date of the Bonds if they are
authenticated prior to the first interest payment date, or (B)
otherwise from the interest payment date that is or immediately
precedes the date on which the Bonds are authenticated (unless
payment of interest thereon is in default, in which case interest
on such Bonds shall be payable from the date to which interest has
been paid). In delivering certificated Bonds, the Director of
Finance shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the
Securities Depository participants acting on behalf of beneficial
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owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1)
it or its nominee shall be the registered owner of the Bonds, (2)
notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal,
premium, if any, and interest, transfers of ownership and
exchanges and receipt of notices shall be the responsibility of
the Securities Depository and shall be effected pursuant to rules
and procedures established by such Securities Depository, (3) the
Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by
the Securities Depository, its participants or persons acting
through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities
Depository or its nominee and shall not mean the beneficial owners
of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above-
referenced Blanket Letter of Representations such provisions of
the Blanket Letter of Representations, except to the extent set
forth in this paragraph and the next preceding paragraph, shall
control.
3. Redemption Provisions. The Bonds may be subject to
redemption prior to maturity at the option of the City on or after
dates, if any, determined by the City Manager, in whole or in part
at any time, at a redemption price equal to the principal amount
of Bonds, togethez with any interest accrued to the redemption
date, plus a redemption premium not to exceed 2% of the principal
amount of the Bonds, such redemption premium to be determined by
the City Manager.
Term Bonds, if any, are required to be redeemed in part
before maturity by the City on June 1 in years and amounts as
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determined at the time of sale, at a redemption price equal to the
principal amount of the Term Bonds to be redeemed, plus accrued
interest to the redemption date.
If less than all of the Bonds are called for redemption, the
Bonds to be redeemed shall be selected by the City's Director of
Finance in such manner as he may determine to be in the best
interest of the City. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity
to be redeemed shall be selected by the Securities Depository
pursuant to its rules and procedures or, if the book-entry system
is discontinued, shall be selected by the Registrar by lot in such
manner as the Registrar in its discretion may determine. In
either case, (a) the portion of any Bond to be redeemed shall be
in the principal amount of $5,000 or some integral multiple
thereof and (b) in selecting Bonds for redemption, each Bond shall
be considered as representing that number of Bonds that is
obtained by dividing the principal amount of such Bond by $5,000.
The City shall cause notice of the call for redemption identifying
the Bonds or portions thereof to be redeemed to be sent by
facsimile transmission, registered or certified mail or overnight
express delivery, not less than 30 nor more than 60 days prior to
the redemption date, to the registered owner of the Bonds. The
City shall not be responsible for mailing notice of redemption to
anyone other than DTC or another qualified securities depository
or its nominee unless no qualified securities depository is the
registered owner of the Bonds. If no qualified securities
depository is the registered owner of the Bonds, notice of
redemption shall be mailed to the registered owners of the Bonds.
If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof will be
issued to the registered owner upon the surrender thereof.
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4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor or Vice-Mayor,
shall be countersigned by the manual or facsimile signature of its
Clerk or Deputy Clerk, and the City's seal shall be affixed
thereto or a facsimile thereof printed thereon; provided, however,
that if both of such signatures are facsimiles, no Bond shall be
valid until it has been authenticated by the manual signature of
an authorized officer or employee of the Registrar and the date of
authentication noted thereon.
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5. Bond Form. The Bonds shall be in substantially the
following form, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved
by the officers signing the Bonds, whose approval shall be
evidenced conclusively by the execution and delivery of the Bonds:
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Unless this certificate is presented by an authorized
representative of The Depository Trust Company, a New York
corporation ("DTC"), to the issuer or its agent for registration
of transfer, exchange, or payment, and any certificate is
registered in the name of Cede & Co., or in such other name as is
requested by an authorized representative of DTC (and any payment
is made to Cede & Co. or to such other entity as is requested by
an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has
an interest herein.
REGISTERED
REGISTERED
No. R-
S
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond
Series of 2001
INTEREST RATE
MATURITY DATE
DATED DATE
CUSIP
% June 1,
June 1, 2001
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REGISTERED OWNER:
PRINCI PAL AMOUNT:
CEDE & CO.
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof to the registered
owner hereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above,
subject to prior redemption as hereinafter provided, and to pay
interest hereon from its date semiannually on each June 1 and
December 1, beginning December 1, 2001, at the annual rate stated
above, calculated on the basis of a 360-day year of twelve 30-day
months. Principal, premium, if any, and interest are payable in
lawful money of the United States of America by the City
Treasurer, who has been appointed Registrar (the "Registrar").
The City may appoint a qualified bank as successor paying agent
and registrar for the bonds.
No~withstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company ("DTC"), and the payment of principal, premium, if any,
and interest, the providing of notices and other matters shall be
made as described in the City's Blanket Letter of Representations
to DTC.
This bond is one of an issue of $48,500,000 General
Obligation Public Improvement Bonds, Series of 2001, of like date
and tenor, except as to number, denomination, rate of interest,
privilege of redemption and maturity, and is issued pursuant to
the Constitution and statutes of the Commonwealth of Virginia,
including the City Charter and the Public Finance Act of 1991.
The bonds have been authorized by ordinances adopted by the
Council of the City (the "City Council") on May 12, 1998, December
8, 1998, May 11, 1999, and May 9, 2000, and are issued pursuant to
a resolution adopted by the City Council on May 22, 2001, to
finance various public school, roadway, coastal, economic and
tourism, building and parks and recreation projects and to pay
costs of issuance of the bonds.
Bonds maturing on or before June 1, ~, are not subject to
redemption prior to maturity. Bonds maturing on or after June 1,
~, are subject to redemption prior to maturity at the option of
the City on or after June 1, ~, in whole or in part at any
time, upon payment of the following redemption prices (expressed
as a percentage of principal amount of bonds to be redeemed) plus
interest accrued and unpaid to the redemption date:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption
Price
June 1,
June 1,
June 1,
to May 31,
to May 31,
and thereafter
[ Bonds maturing on June 1, __, are required to be redeemed in
part before maturity by the City on June 1 in the years and amounts
set forth below, at a redemption price equal to the principal amount
of the bonds to be redeemed, plus accrued interest to the redemption
date:
Year Amount Year Amount
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300
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356
If less than all of the bonds are called for redemption, the
bonds to be redeemed shall be selected by the City's Director of
Finance in such manner as he may determine to be in the best
interest of the City. If less than all the bonds of a particular
maturity are called for redemption, the bonds within such maturity
to be redeemed shall be selected by DTC or any successor
securities depository pursuant to its rules and procedures or, if
the book entry system is discontinued, shall be selected by the
Registrar by lot in such manner as the Registrar in its discretion
may determine. In either case, (a) the portion of any bond to be
redeemed shall be in the principal amount of $5,000 or some
integral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond Dy $5,000. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by facsimile transmission, registered or
certified mail or overnight express delivery, not less than 30 nor
more than 60 days prior to the redemption date, to DTC or its
nominee as the registered owner hereof. If a portion of this bond
is called for redemption, a new bond in the principal amount of
the unredeemed portion hereof will be issued to the registered
owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and premium, if any, and interest
on this bond.
The Registrar shall treat the registered owner of this bond
as the person or entity exclusively entitled to payment of
principal of and premium, if any, and interest on this bond and
the exercise of all other rights and powers of the owner, except
that interest payments shall be made to the person or entity shown
as the owner on the registration books on the fifteenth day of the
month preceding each interest payment date.
Ail acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or
be performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of bonds of
which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto, and this bond to be
dated June 1, 2001.
COUNTERSIGNED:
Clerk, City of Virginia
Beach, Virginia
(SEAL
Mayor, City of Virginia
Beach, Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfer(s) unto
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(Please print or type name and address,
including postal zip code, of Transferee)
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PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE'
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
, Attorney, to transfer said bond on the books kept
for the registration thereof, with full power of substitution in
the premises.
Dated'
Signature Guaranteed
(Signature of Registered Owner)
NOTICE: Signature (s) must be
guaranteed by an Eligible
Guarantor Institution such as a
Commercial Bank, Trust Company,
Securities Broker/Dealer,
Credit Union or Savings
Association who is a member of
a medallion program approved by
the Securities Transfer
Association, Inc.
NOTICE: The signature above
must correspond with the name
of the registered owner as it
appears on the front of this
bond in every particular,
without alteration or enlarage-
enlarge or any change whatso-
ever.
6. Pledge of Full Faith and Credit. The full faith and
credit of the City are irrevocably pledged for the payment of the
principal of and premium, if any, and interest on the Bonds. Unless
other funds are lawfully available and appropriated for timely
payment of the Bonds, the City Council shall levy and collect an
annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all
locally taxable property in the City sufficient to pay when due the
principal of and premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The City
Treasurer is appointed paying agent and registrar for the Bonds (the
"Registrar"). The City may appoint a qualified bank or trust company
as successor paying agent and registrar of the Bonds. The Registrar
shall maintain registration books for the registration and
registration of transfers of Bonds. Upon presentation and surrender
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of any Bonds at the office of the Registrar, at its corporate trust
office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the City shall execute, and the
Registrar shall authenticate, if required by Section 4, and shall
deliver in exchange, a new Bond or Bonds having an equal aggregate
principal amount, in authorized denominations, of the same form and
maturity, bearing interest at the same rate and registered in the
name as requested by the then registered owner thereof or its duly
authorized attorney or legal representative. Any such exchange shall
be at the expense of the City, except that the Registrar may charge
the person requesting such exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or
entity exclusively entitled to payment of principal, premium, if any,
and interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person or
entity shown as owner on the registration books as of the fifteenth
day of the month preceding each interest payment date.
8. Sale of Bonds. The City Council approves the following
terms of the sale of the Bonds. The Bonds shall be sold by
competitive bid, and the City Manager shall receive bids for the
Bonds and awa£d the Bonds to the bidder providing the lowest "true"
or "Canadian" interest cost, subject to the limitations set forth in
paragraph 2. Following the sale of the Bonds, the City Manager shall
file a certificate with the City Clerk setting forth the final
interest rates and the purchase price of the Bonds. The actions of
the City Manager in selling the Bonds shall be conclusive, and no
further action shall be necessary on the part of the City Council.
9. Notice of Sale. The City Manager, in collaboration with
the Financial Advisors, is authorized and directed to take all proper
steps to advertise the Bonds for sale substantially in accordance
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with the form of Notice of Sale attached hereto, which is approved,
provided that the City Manager, in collaboration with the Financial
Advisors, may make such changes in the Notice of Sale not
inconsistent with this Resolution as he may consider to be in the
best interest of the City.
10. Official Statement. A draft of a Preliminary Official
Statement describing the Bonds, copies of which have been provided to
the members of the City Council, is approved as the form of the
Preliminary Official Statement by which the Bonds will be offered for
sale, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as the City Manager, in
collaboration with the Financial Advisors, may consider appropriate.
After the Bonds have been sold, the City Manager, in collaboration
with the Financial Advisors, shall make such completions, omissions,
insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or desirable to
complete it as a final Official Statement, execution thereof by the
City Manager to constitute conclusive evidence of his approval of any
such completions, omissions, insertions and changes. The City shall
arrange for the delivery to the purchaser of the Bonds of a
reasonable number of copies of the final Official Statement, within
seven business days after the Bonds have been awarded, for delivery
to each potential investor requesting a copy of the Official
Statement and to each person to whom such purchaser initially sells
Bonds.
11. Official Statement Deemed Final. The City Manager is
authorized, on behalf of the City, to deem the Preliminary Official
Statement and the Official Statement in final form, each to be final
as of its date within the meaning of Rule 15c2-12 (the "Rule") of the
Securities and Exchange Commission (the "SEC"), except for the
omission in the Preliminary Official Statement of certain pricing and
other information permitted to be omitted pursuant to the Rule. The
distribution of the Preliminary Official Statement and the Official
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Statement in final form shall be conclusive evidence that each has
been deemed final as of its date by the City, except for the omission
in the Preliminary Official Statement of such pricing and other
information permitted to be omitted pursuant to the Rule.
12. Preparation and Delivery of Bonds. After bids have been
received and the Bonds have been awarded, the officers of the City
are authorized and directed to take all proper steps to have the
Bonds prepared and executed in accordance with their terms and to
deliver the Bonds to the purchaser thereof upon payment therefor.
13. Arbitrage Covenants. The City covenants that it shall not
take or omit to take any action the taking or omission of which will
cause the Bonds to be "arbitrage bonds" within the meaning of Section
148 of the Internal Revenue Code of 1986, as amended, including
regulations issued pursuant thereto (the "Code"), or otherwise cause
interest on the Bonds to be includable in the gross income of the
registered owners nhereof under existing laws. Without limiting the
generality of the foregoing, the City shall comply with any provision
of law that may require the City at any time to rebate to the United
States any part of the earnings derived from the investment of the
gross proceeds of the Bonds, unless the City receives an opinion of
nationally recognized bond counsel that such compliance is not
required to prevent interest on the Bonds from being includable in
the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate from its legally
available funds.
14. Non-Arbitrage Certificate and Elections. Such officers of
the City as may be requested are authorized and directed to execute
an appropriate certificate setting forth the expected use and
investment of the proceeds of the Bonds in order to show that such
expected use and investment will not violate the provisions of
Section 148 of the Code, and any elections such officers deem
desirable regarding rebate of earnings to the United States, for
purposes of complying with Section 148 of the Code. Such certificate
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and elections shall be in such form as may be requested by bond
counsel for the City.
15. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Bonds or the facilities financed
with the proceeds of the Bonds to be used in any manner that would
result in (a) 5% or more of such proceeds or the facilities financed
with such proceeds being used in a trade or business carried on by
any person other than a governmental unit, as provided in Section
141(b) of the Code, (b) 5% or more of such proceeds or the facilities
being financed with such proceeds being used with respect to any
output facility (other than a facility for the furnishing of water),
within the meaning of Section 141(b) (4) of the Code, or (c) 5% or
more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenants.
16. SNAP Investment Authorization. The City Council has
received and reviewed the Information Statement (the "Information
Statement") describing the State Non-Arbitrage Program of the
Commonwealth of Virginia ("SNAP") and the Contract Creating the State
Non-Arbitrage Program Pool I (the "Contract"), and the City Council
has determined to authorize the City Treasurer to utilize SNAP in
connection with the investment of the proceeds of the Bonds, if the
City Manager and the Director of Finance, in consultation with the
City Treasurer, determine that the utilization of SNAP is in the best
interest of the City. The City Council acknowledges the Treasury
Board of the Commonwealth of Virginia is not, and shall not be, in
any way liable to the City in connection with SNAP, except as
otherwise provided in the Contract.
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17. Continuing Disclosure Agreement. The Mayor, the City
Manager and such officer or officers of the City as either may
designate are hereby authorized and directed to execute a continuing
disclosure agreement setting forth the reports and notices to be
filed by the City and containing such covenants as may be necessary
to assist the purchasers of the Bonds in complying with the
provisions of the Rule promulgated by the SEC. Such continuing
disclosure agreement shall be substantially in the form of the draft
dated May 11, 2001, copies of which have been provided to members of
the City Council, with such completions, omissions, insertions and
changes that are not inconsistent with this Resolution.
18. Other Actions. Ail other actions of officers of the City
and the City Council in conformity with the purposes and intent of
this Resolution and in furtherance of the issuance and sale of the
Bonds are hereby ratified, approved and confirmed. The officers of
the City are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as
may be considered necessary or desirable in connection with the
issuance, sale and delivery of the Bonds.
19. Repeal of Conflicting Resolutions. Ail resolutions or
parts of resolutions in conflict herewith are repealed.
20. Effective Date. This Resolution shall take effect
immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 22 day of May, 2001.
Requires an affirmative vote by a majority of the members of
City Council.
CA-8139
ordin/noncode/vab2001gores.wpd
R-1
May 11, 2001
A,~ED AS TO CONTENT
~nan6e [Je~pgr tment
APPROVED AS TO LEGAL SUFFICIENCY'
Law Departm~ht
15
Official Notice Of Sale
City of Virginia Beach, Virginia
$48,500,000
General Obligation Public Improvement Bonds, Series of 2001
Electmmc bids only will be received by the City of Vtrglma Beach, Virginia (the "City"), in accordance
with this Official Notice of Sale until I I'00 a.m, Local Time, on Wednesday, June 6, 2001 (the "Date of Sale"). in
the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described
below
Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by
2'00 p m, Local Time
Bid Submission
Solely as an accommodation to bidders, electronic bids via PARITY (the "Electronic Bidding System") will
be accepted in accordance with this Official Notice of Sale The City is using PARITY as a communication
mechanism to conduct the electronic bidding for the sale of $48,500,000 General Obligation Public Improvement
Bonds, Series of 2001 (the "Bonds"), as described herein. To the extent any instructions or directions set forth in
PARITY conflict wlth this Official Notice of Sale, the terms of this Official Notice of Sale shall control Each
bidder submitting an electronic bid agrees 0) that it is solely responsible for all arrangements with PARITY, (ii) that
PARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensunng or verifying
bidder compliance with any of the procedures of PARITY. The City assumes no responsibility for, and each bidder
expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such
bidder through PARITY. Each bidder shall be solely responsible for making necessary arrangements to access the
Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the
requirements of this Official Notice of Sale Neither the City nor the Electronic Bidding System shall have any duty
or obligation to provide or assure such access to any bidder, and neither the City nor PARITY shall be responsible
for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, PARITY
For further information about PARITY, potential bidders may contact Dalcomp at 395 Hudson Street, New York,
New York 10014, telephone (212) 806-8304.
In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted
up to I ! '00 a m, Local Time, on the Date of Sale in order to be considered. Bidders choosing to submit bids in the
case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission.
(757) 427-4302 or (757) 427-4135 (Attention. Patncla A Phillips). Transmissions received after the deadline shall
be rejected It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received ptaor to
II 00 a m, Local Time, and that the bid is sent to one of the telecopler numbers set forth above llleglble
transmlsslonsjhall be rejected. The City's financial advisors (Government Finance Associates, lnc and Government
Finance Group, a division of ARD Incorporated, collectively the "Financial Advisors") will verify receipt of each bid
submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received
The City's Financial Advisors will in no instance correct, alter or in any way change bids submitted through
facsimile transmission Neither the City nor its Financial Advisors will be responsible for bids submitted by
facsimile transmission not received in accordance with the provisions of this Official Notice of Sale Bidders electing
to submit bids via facsimile transmission will bear full and complete responslbdity for the transmission of such bid.
Each bid must be unconditional
Principal Redemption
The Bonds will be general obligation bonds of the City, dated June i, 2001 (the "Dated Date"), and will
mature serially or be subject to mandatory sinking fund redemptions on June ! m the years and amounts shown
below
DueJunel Amount DueSunel Amount
2002 $2,425,000 2012 $2,425,000
2003 2,425,000 2013 2,425,000
2004 2,425,000 2014 2,425,000
2005 2,425,000 2015 2,425,000
2006 2,425,000 2016 2,425,000
2007 2,425,000 2017 2,425,000
2008 2,425,000 2018 2,425,000
2009 2,425,000 2019 2,425,000
2010 2,425,000 2020 2,425,000
2011 2,425,000 2021 2,425,000
Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions
Bidders may provide in thc bid form for all of the Bonds to be issued as serial Bonds or may designate
consecutive annual pnnclpai amounts of thc Bonds to be combined into not more than two Term Bonds In the event
that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund
redemption commencing on June I of the first year which has been combined to form such Term Bond and
continuing on June I in each year thereafter until the stated maturity of such Term Bond Thc amount redeemed m
any year shall be equal to the principal amount for such year set forth in the amortization schedule above Bonds to
be redeemed m any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot
from among thc Bonds of the maturity being redeemed
Description of the Bonds; Book-Entry Only System
The Bonds will be issued by means of a book-entry system with no distribution of physical Bond
certificates made to the pubhe. One Bond certificate for each maturity will be issued to The Depository Trust
Company, New York, New York CDTC"), or its nominee, and immobilized m its custody The book-entry system
will evidence beneficial ownership of the Bonds m principal amounts of $5,000 or multiples thereof, with transfers
of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures
established by DTC and its participants. Bond certificates registered m the name of Cede & Co will be deposited
with DTC Interest on the Bonds will be paid semiannually on June I and December 1, beginning December !,
2001, and pnnclpal on the Bonds will be paid annually on June !, to DTC or its nominee as registered owner of the
Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the
responsibility of such participants and other nominees of beneficial owners The City will not be responsible or
liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting
through such pamelpants
DTC may discontinue providing its services as securities depository with respect to the Bonds at any time
by giving reasonable notice to the City. Under such circumstances, m thc event that a successor securities depository
not obtained, Bond certificates are required to be prepared, executed and delivered
The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor
securities depository) In that case, either a successor depository will be selected by the City or Bond certificates
will be prepared, executed and delivered
Optional Redemption
The Bonds that mature or are subject to mandatory sinking fund redemption on or before June !, 201 I, are
not subject to optional redemption prior to their stated maturities Thc Bonds that mature on and after June I, 2012,
wdl be subject to redemption beginning June 1,2011, m whole or m part at any t~me, at the option of thc Cay, upon
payment of the following redemption prices (expressed as a percentage of pnnc~pal amount of Bonds to bc
redeemed) plus interest accrued and unpaid to thc redcmptton date'
Period Dunng Which Redeemed
(both doles inclusive}
Redemption Price
June !, 201 I, to May 31, 2012
101%
June i, 2012, to May 31, 2013
! 00 $%
June I, 2013, and thereafter
100%
If less than all of the Bonds are called for redempUon, thc Bonds to be redeemed shall be selected by the
City's D~rcctor of Finance m such manner as may be determined to be in thc best interest of the City If less than all
of the Bonds of a particular maturity are called for redcmpUon, DTC or any successor secunUes depository will
select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system ~s &scontmued, the
Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by
lot m such manner as the Registrar m ~ts discretion may determine in either case, each portion of the $5,000
principal amount is counted as one Bond for such purpose The C~ty wdl cause not~ce of the call for redemption
~dentffylng the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified
mad or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the
registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than
DTC or another quahfied securities depository or its nominee unless no qualified sccurmcs depository ~s the
registered owner of the Bonds if no qualified secunUes depository ~s the registered owner of the Bonds, noUce of
redemption shall bc totaled to the registered owners of thc Bonds Ifa portion ora Bond ~s called for redemption, a
new Bond m pnnclpal amount equal to the unredeemed portion shall be issued to the registered owner upon the
surrender thereof
Security
The Bonds will be general obligations of the City, secured by a pledge of the City's full faith and credit and
unhm~ted taxing power
Bidding Rules; Award of Bonds
Bidders may only b~d to purchase all of the Bonds B~dders are inv~ted to name the rate or rates of ~nterest
per annum which the Bonds are to bear in multiples of one-twentieth (l/20th) or one-e~ghth (I/8th) of one percent
All Bonds matunng on the same date must bear interest at the same rate Any number of rates may be named
provided that (a) the h~ghest rate of interest may not exceed the lowest rate of interest by more than 3 percentage
points, and (b) the highest rate of interest stated for any maturity may not exceed 7% per annum. No bid for less than
99% of par plus accrued ~nterest (computed on the bas~s of a 360-day year and twelve 30-day months) from the
Dated Date to the dehvery of the Bonds shall be considered The City reserves the right to reject any or all bids
(regardless of the interest rate bid), to reject any bid not complying w~th this Official Not~ce of Sale and, so far as
permitted by law, to waive any ~rregulanty or ~nformahty w~th respect to any b~d or the bidding process
Unless all bids are rejected, the Bonds wdl be awarded to the b~dder complying with the terms of th~s
Official Not,cc of Sale and submitting a b~d which provides the lowest "true" interest cost to the City True interest
cost shall be determined for each b~d by doubhng the semiannual interest rate, compounded semiannually, necessary
to discount the debt service payments from the payment dates to the Dated Date and to the pace bid, such pace bid
excluding interest accrued to the date of settlement If more than one bid offers the same lowest true interest cost,
the successful bid will be selected by the City Manager by lot.
Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a
bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase
of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay
any increased costs of issuance of the Bonds as a result of such insurance or commitment Any failure by the bidder
to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising
from the acceptance of its bid for the purchase of the Bonds
Good Faith Deposit
Each bid must be accompanied by a certified or cashier's check for S485,000 drawn upon an incorporated
bank or trust company authorized to transact business in the Commonwealth of Virginia or in the City of New York
and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss
resulting from the failure of the successful bidder to comply with the terms of its bid. The check of the successful
bidder will be deposited and credited toward the purchase price, and no interest will be allowed thereon to accrue to
the benefit of the successful bidder The proceeds of the check will be retained by the City as liquidated damages in
case the successful bidder fails to accept delivery of and pay for the Bonds. Checks of unsuccessful bidders will be
returned promptly upon award of the Bonds Bidders must also clearly indicate to whom the check should be
returned in the event of an unsuccessful bid.
in lieu of the check described above, the deposit may be in the form of a Financial Surety Bond in the
amount of $485,000 payable to the City. The Financial Surety Bond must be from an insurance company acceptable
to the City and licensed to issue such a bond in the Commonwealth of Virginia, and such Financial Surety Bond must
be submitted to the City prior to the opening of the bids and must be in a form acceptable to the City The Financial
Surety Bond must identify each bidder whose deposit is guaranteed by such Financial Surety Bond if the Bonds are
awarded to a bidder utilizing a Financial Surety Bond, then such successful bidder is required to submit its deposit to
the City in the form of a cashier's check or certified check or wire transfer not later than I 1 '00 a.m., Local Time, on
the next business day following the award if such deposit is not received by such time, the Financial Surety Bond
may be drawn by the City to satisfy the deposit requirement
Bidders submitting an electronic or facsimile bid must deliver the good faith check (or, in heu thereof, a
Financial Surety Bond) by 10.00 a.m., Local Time, on June 6, 2001, to Patrlcla A Phillips, Director of Finance,
Virginia Beach Municipal Center, City Hall Building, Room 220, Virginia Beach, Virginia 23456
Delivery of the Bonds
The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of
DTC on or about June 20, 200 I.
Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a
certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no
litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the
City to restrain or enJoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b)
certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official
Statement (except in the sections entitled "Book-Entry System" and "Tax Exemption" and in the column "Price/
Yield" on the cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are
true and correct in all materml respects, did not and do not contain an untrue statement of a material fact or omit to
state a materml fact required to be stated therein or necessary to make such descriptions and statements, in light of
the circumstances under which they were made, not misleading Such certificates will also state, however, that such
City officials did not independently verify the information sndlcated in the Official Statement as having been
OFFICIAL BID FORM
Electronic bids (or facsimile bids as provided In the Official Notice of Sale) must be submitted by I 1:00 am, Local Time.
To: City Manager June 6, 2001
Office of the City Manager
Virginia Beach, Virginia 23456
On behalf of the firm(s) listed below and pursuant to the terms and conditions listed in the City's Official Notice of Sale, we offer
to purchase the $48,500,000 General Obligation Public Improvement Bonds, Series of 20010 (the "Bonds"), of the City of
Virginia Beach, Virginia, dated June I, 2001. This offer is made for all of the Bonds and for not less than all, maturing on June I
in the years shown below. The schedule ofmnturities and interest rates upon which this bid is based are as follows:
Maturity Amount Ra~¢ Maturity
2002 $2,425,000 2012 $2,425,000
2003 2,425,000 20 ! 3 2,425,000
2004 2,425,000 20 ! 4 2,425,000
2005 2,425,000 2015 2,425,000
2006 2,425,000 2016 2,425,000
2007 2,425,000 20 ! 7 2,425,000
2008 2,425,000 ... 20 i 8 2,425,000
2009 2,425,000 20 ! 9 2,425,000
2010 2,425,000 2020 2,425,000
2011 2,425,000 2021 2,425,000
R~t¢
(CROSS OUT THE SERIAL BOND MATURITIES BEING BID AS TERM BONDS.)
Term Bonds (Optional - No More Than Two Term Bonds)
First Year of Mandato _ry
Redenm_ tion
Year of Maturity
Total Princioal Amounts Rnte
%
%
(LEAVE BLANK IF NO TERM BONDS ARE SPECIFIED)
We will pay $ , which is not less than $48,015,000 or not less than 99% of par (representing a discount or
premium of $ ), plus accrued interest from the date of the Bonds to the date of delivery and will accept
delivery of the Bonds by means of a book-entry system at The Depository Trust Company, New York, NY.
Please Indicate the appropriate choice;
We have posted a surety bond in the amount of $485,000. If awarded the bnd, we will deliver to the City $485,000 m
good faith money by ! 1:00 n.m., Local Time, on the next business day immediately following the date of award, or the
City will draw upon the surety bond and npply it in accordance with the Official Notice of Sale against any loss
resulting fi.om the successful bidder failing to comply with the terms of this bid.
We enclose (or previously delivered) a certified or cashier's check for $485,000 drawn upon an incorporated bank or
trust company as detailed in the Official Notice of Sale and payable unconditionally to the order of the City of Virginia
Beach, Virginia, which is to be npplied in accordance with the Official Notice of Sale against any loss resulting from
the successful bidder failing to comply with the terms of this bid.
The good faith money will be deposited and credited on the purchase price, and no interest will be credited thereon to the
successful bidder. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder
fails to accept delivery of and pny fOr the Bonds. Checks of unsuccessful bidders will bc returned promptly upon award of the
Bonds.
The undersigned hereby acknowledges receipt and review of the Preliminary Official Statement referred to in the Official Notice
of Sale. Respectfully submitted,
(Name of Bidding Firm) (Authorized Signature) (Name & Phone Number of
Contact Person}
The good faith check has been returned and receipt thereof is duly acknowledged.
NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ABOVE, SHOULD BE MADE TO THIS BID.
(NOTE - The following is stated for information only and is not part of this bid: The true interest cost of this bid, calculated in
accordance with the Official Notice of Snle, is % (to six decimal places).
A list of the members of our syndicate is attached.)
Item V-I. Sa/b/d.
- 30-
ORDINANCES/RESOL UTIONS
ITEM # 48202
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resoluttons to request the Vtrgtnta Department of Transportatton (VDOT)
estabhsh urban system highway projects, and, that the Ctty pay tts share
of the total costs
Improvements to Newtown Road from Prtncess Anne Road to
Vtrgtnta Beach Boulevard, and a corrtdor study to be conducted
tn the destgn process
Improvements to Salem Road from Elbow Road to North
Landtng Road, tncludtng a corrtdor study to be conducted tn the
destgn process
d Improvements to Shore Drive from Ftrst Court Road to the
western approach of the Lesner Brtdge (Shore Drtve- Phase I)
Shore Drtve tmprovements shall be tn comphance wtth the change Ctty Counctl ADOPTED tn the FY2001-
2002 RES O UR CE MANAGEMENT PLAN CAPITAL IMPR 0 VEMENT PR OGRAM
Vottng 10-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
clones, Reba S McClanan, Robert C Mandtgo, dr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
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PROJECT PROG~ING RESOLUTION'
IMPROVEMENTS TO NEWTOWR ROAD
WHEREAS, in accordance with the Virginia Department of
Transportation ("VDOT") construction allocation procedures, it is
necessary that a request, in the form of a City Council resolution,
be made for VDOT to program an urban highway project in the City of
Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby requests VDOT to establish
an urban highway project for improvements to Newtown Road from
Princess Anne Road to Virginia Beach Boulevard, and a corridor
study to be conducted in the design process. This project is
referred to as Newtown Road (VDOT) (Partial) (2-112) in the City's
Capital Improvement Program; and
2. That City Council hereby agrees to pay its share of
the total cost of preliminary engineering, right-of-way acquisition
and construction of this project in accordance with Section 33.1-44
of the Code of Virginia, and if City Council subsequently elects to
cancel the project, City Council hereby further agrees to reimburse
VDOT for the total amount of costs expended by VDOT through the
date VDOT is notified of such cancellation.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 22 day of May , 2001.
CA8098
F- kDatakATYkOrdin\NONCODE/newtownROAD, res. wpd
May 4, 2001
R-2
APPROVED AS TO CONTENT'
~lic Works
APPROVED AS TO LEGAL
SUFFICIENCY-
SITE
SCALE 1'-3200'
LOCATION blAP
CITY OF
NORFOLK
/
Il
LOCATION MAP FOR
NEWTOWN ROAD (VDOT)(PARTIAL)
C.I.P..//'2-112
SCALE: 1" : 800'
PREPARED BY PAN ENG. DRAFT. 4-18-01
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PROJECT PROGRA~qING RESOLUTION'
IMPROVF24ENTS TO SALF24 ROAD
WHEREAS, in accordance with the Virginia Department of
Transportation ("VDOT") construction allocation procedures, it is
necessary that a request, in the form of a City Council resolution,
be made for VDOT to program an urban highway project in the City of
Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby requests VDOT to establish
an urban highway project for improvements to Salem Road from Elbow
Road to North Landing Road, including a corridor study to be
conducted in the design process. This project is referred to as
Salem Road - Phase III (VDOT) (Partial) (2-127) in the City's
Capital Improvement Program; and
2. That City Council hereby agrees to pay its share of
the total cost of preliminary engineering, right-of-way acquisition
and construction of this project in accordance with Section 33.1-44
of the Code of Virginia, and if City Council subsequently elects to
cancel the project, City Council hereby further agrees to reimburse
VDOT for the total amount of costs expended by VDOT through the
date VDOT is notified of such cancellation.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 22 day of M~y , 2001.
CA8099
F'kDatakATY\Ordin\NONCODE\salemroad.res.wpd
May 4, 2001
R-1
37 APPROVED AS TO CONTENT'
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4O
41
42 Dep~rtm~nt of
Works
APPROVED AS TO LEGAL
SUFFICIENCY'
Law Department
SITE
LOCATION MAP
SCALE: 1" -- 16,000'
DI
SALEM
~ LOCATION MAP FOR ~
ROAD PHASE ill (VDOT)(PARTIAL)
PREPARED BY P/W ENG. DRAFT. 19-APR-20Crl
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PROJECT PROGRAMMING RESOLUTION'
IMPROVEMENTS TO SHORE DRIVE
WHEREAS, in accordance with the Virginia Department of
Transportation ("VDOT") construction allocation procedures, it is
necessary that a request, in the form of a City Council resolution,
be made for VDOT to program an urban highway project in the City of
Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby requests VDOT to establish
an urban highway project for improvements to Shore Drive from First
Court Road to the western approach of the Lesner Bridge. This
project is referred to as Shore Drive - Phase I (VDOT) (Partial)
(2-115) in the City's Capital Improvement Program; and
2. That City Council hereby agrees to pay its share of
the total cost of preliminary engineering, right-of-way acquisition
and construction of this project in accordance with Section 33.1-44
of the Code of Virginia, and if City Council subsequently elects to
cancel the project, City Council hereby further agrees to reimburse
VDOT for the total amount of costs expended by VDOT through the
date VDOT is notified of such cancellation.
Adopted by the Council of the City of Virginia Beach,
Virginia on this day of , 2001.
CA8097
F-kData\Aty\Ordin\Noncode\shore drive, res.wpd
May 4, 2001
R-2
APPROVED AS TO CONTENT'
37
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39 Depar~ ~
_ orks
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
BAY t
LOCATION MAP SCALE: 1" -- 8000'
CHESAPEAKE BAY
LESNER
BRIDGE
~OCATION
~SHORE DRIVE -
MAP
FOR
PHASE I (VDgT)~
PREPARED BY P/W ENG. DRAFT. 19-,APR.-20Oq
Item V-1.8.¢.
-31 -
ORDINANCES/RES OL UTIONS
ITEM # 48203
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to request the Vtrgtnta Department of Transportatton (VDOT)
estabhsh urban system highway projects, and, that the Ctty pay tts share
of the total costs
Improvements to the Sandbridge Road Corridor conststtng of
Princess Anne Road from General Booth Boulevard to the
tntersectton of Upton Drtve/Sandbrtdge Road from the
tntersectton of Upton Drtve/Prtncess Anne Road to Sandfiddler
Road, and tncludtng tmprovements to Lotus Drtve
Vottng 6-3 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Barbara M Henley, Robert C Mandtgo, ,Ir,
Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham
D Sessoms, Jr
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
Wtlham W Harrtson, dr
Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank
whtch exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creekproperty
Counctlman clones'letter of January 23, 2001, ts already on record
May 22, 2001
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PROJECT PROGRAMMING RESOLUTION'
IMPROVEMENTS TO SANDBRIDGE ROAD
AND PRINCESS ANNE ROAD
WHEREAS, in accordance with the Virginia Department of
Transportation ("VDOT") construction allocation procedures, it is
necessary that a request, in the form of a City Council resolution,
be made for VDOT to program an urban highway project in the City of
Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby requests VDOT to establish
an urban highway project for improvements to the Sandbridge Road
Corridor. This corridor consist of Princess Anne Road from General
Booth Boulevard to the intersection of Upton Drive and Sandbridge
Road from the intersection of Upton Drive / Princess Anne Road to
Sandfiddler Road, including improvements to Lotus Drive. This
project is referred to as Sandbridge Corridor Improvements (2-151)
in the City's Capital Improvement Program; and
2. That City Council hereby agrees to pay its share of
the total cost of preliminary engineering, right-of-way acquisition
and construction of this project in accordance with Section 33.1-44
of the Code of Virginia, and if City Council subsequently elects to
cancel the project, City Council hereby further agrees to reimburse
VDOT for the total amount of costs expended by VDOT through the
date VDOT is notified of such cancellation.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 22 day of May , 2001.
CA8100
F'~Data~ATY~Ordin\NONCODE~sandbridgepa.res.wpd
May 4, 2001
R-1
APPROVED AS TO CONTENT-
~Works
APPROVED AS TO LEGAL
SUFFICIENCY:
~'aw Department
A~4~4~o
LOCATION MAP FOR
DBRIDGE CORRIDOR
IMPROVEMENTS
C.I.P. #2-151
SCALE: 1" = 3000'
(SANDBRIDGE CORRIDOR IMPROVEMENTS.DGN)
PREPARED BY P/W ENG. DRAFT. 19-AP~2~
- 32 -
Item V-I. 9.
ORDINANCES/RES OL UTIONS
ITEM # 48204
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton referrtng to the Planmng Commtsston proposed amendments to
3g 502 of the Ctty Zontng Ordmance (CZO)re dimensional requirements tn
residential zoning districts (Requested by Counctlman Wtlham W
Harrtson, dr)
Vottng 10-0 (By ConsenO
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTION 502
OF THE CITY ZONING ORDINANCE, PERTAINING TO
DIMENSIONAL REQUIREMENTS IN RESIDENTIAL ZONING
DISTRICTS
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to Section
502 of the City Zoning Ordinance, reducing rear and side yard
setback requirements for certain accessory structures in all
residential zoning districts, increasing rear yard setback
requirements for duplex and semidetached dwellings in the R-5R
Residential District, establishing a maximum limitation on
impervious surface coverage for single-family, duplex and
semidetached dwellings in the R-5R Residential District, and
including garages greater than 400 square feet in the determination
of floor area ratio for single-family, duplex and semidetached
dwellings in the R-5R Residential District. A true copy of such
proposed amendments is hereto attached.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 22 day of ~ay , 2001.
CA-7919
wmm~ordres\r-5rres, wpd
R-1
May 8, 2001
APPROVED AS TO CONTENT
Planmng De"'l~'~'~ent
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY
REDUCING REAR AND SIDE YARD SETBACK REQUIREMENTS FOR
CERTAIN ACCESSORY STRUCTURES IN ALL RESIDENTIAL ZONING
DISTRICTS, INCREASING REAR YARD SETBACK REQUIREMENTS FOR
DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL
DISTRICT, ESTABLISHING A MAXIMUM LIMITATION ON IMPERVIOUS
SURFACE COVERAGE FOR SINGLE-FAMILY, DUPLEX AND SEMI-
DETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT, AND
INCLUDING GARAGES OVER 400 SQUARE FEET IN THE
DETERMINATION OF FLOOR AREA RATIO FOR SINGLE-FAMILY,
DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL
DISTRICT
SECTION AMENDED: § 502 of the City Zoning Ordinance
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WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 502 of the City Zoning Ordinance, pertaining to
dimensional requirements in Residential Zoning Districts, is hereby
amended and reordained to read as follows:
Sec. 502. Dimensional requirements.
The following chart lists the requirements within the R-40
through R-5S Residential Districts for minimum lot area, width,
yard spacing and maximum lot coverage for single-family dwellings.
(a)
For single-family dwellings'
Residential Districts
R-40 R-30 R-20 R-15 R-10 R-7.5 R-SD R-SR R-SS
(1) M~nlmum lot
area in square
feet:
(2) Minimum lot
area outside
of water,
marsh, or
wetlands:
(3) Minimum lot
width in feet:
(4) Minimum front
yard setback
in feet:
(5) Minimum front
yard setback
when adjacent
to a 40-foot
right-of-way
created in
accordance
with section
40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
125 100 100 100 80 75 50 50 50
50 50 50 30 30 30 20 20 20
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
4.1(m) of the
subdivision
ordinance in
feet:
(6) Except as pro-
vided in subdiv-
· slon (6.1),
~min-
imum side
side yard set-
back except
when adjacent to
a street in feet:
(6.1) Minimum side
yard setback
for accessory
structures no
larqer than
150 square
feet in area
and no hiqher
than 14 feet,
except when
adjacent to a
street
(7) Minimum side
yard setback
adjacent to a
street in feet:
(8) Minimum side
yard setback
when adjacent
to a 40-foot
right-of-way
created in
accordance
with section
4.1(m) of the
subdivision
ordinance in
feet:
(9) M~nimum rear
yard setback
except for
accessory
structures in
feet:
(10)Except as
provided in
subdivision
(10.1),~
minimum rear yard
setback for
accessory
structures
~n-l-yin feet:
(10.1) Minimum rear
yard setback
for accessory
structures no
larqer than
150 s~uare
feet in area
and no hiqher
than 14 feett
exceDt when
adqacent to a
street
55 55 55 35 35 35 25
20
15
15
10
10
5 & 10 8
25
25
8 5& 10
30 30 30 30 30 30 18 18 15
35 35 35 35 35 35 23 23 20
20 20 20 20 20 20 20 20 20
20 15 15 10 10 10 10 10 10
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
(Ii)As an exception
the setback for
any yard adjacent
to the Atlantic
Ocean for any
structures
shall be 30
feet in the
R-5R District
NA NA NA NA NA NA NA 30 NA
(12)Maximum lot
coverage in
percent: 25 25 25 30 30
(13)Maximum total
o__f building
floor area and
area of qaraqes
greater than
400 square feet
expressed as
a percentage
of maximum
allowable lot
coverage: NA NA NA NA NA
(14)Maximum area
of impervious
cover, as
defined in
103 of the
Chesapeake Bay
Preservation
Area Ordinance
expressed as a
35 40 35 40
NA NA 200% NA
percentaqe of
the lot size N__A N__A N__A N__A N__A N__A N__A 60% N__A
The following chart lists the requirements within the R-5D
~ Residential District= for minimum lot area, width, yard
spacing and maximum lot coverage for duplex and semidetached
dwellings.
(b) For duplex and semidetached dwellings in the R-5D
R--nJ~ Residential District=:
Duplexes
Semidetached
171
172
173
174
175
176
177
178
179
180
181
182
183
184
(1)
(2)
(3)
(4)
(5)
Minimum lot area
10,000 square feet 5,000 square feet
Minimum lot width
75 feet 35 feet
Minimum front yard
20 feet 20 feet
Minimum front yard
setback when adjacent
to a 40-foot right-
of-way created in
accordance with section
4.1(m) of the
subdivision ordinance
25 feet 25 feet
Minimum side yard
except when adjacent
to a street
10 feet 10 feet
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
(6)
(7)
(8)
(9)
(10)
(ii)
Minimum side yard
when adjacent to
a street
Minimum side yard
setback when
adjacent to a 40-
foot right-of-way
created in accordance
with section 4.1(m)
of the subdivision
ordinance
Minimum rear yard
As an exception, the
setback for any yard
adjacent to the Atlantic
Ocean for any structures
shall be 30 feet in the
R-5R District
Maximum lot coverage
Maximum building
floor area expressed
as a percentage of
maximum allowable
lot coverage
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
35 percent
200 percent
35 percent
200 percent
209
210
211
212
213
214
215
216
The following chart lists the requirements within the R-5R
Residential District fQr minimum lot area, width, yard spacing and
maximum lot coveraqe for duplex and semidetached dwellinqs.
(bl) For duplex and semidetached dwellinqs in the R-5R
Residential District:
(2)
Minimum lot area
Minimum lot width
Dupl exes Semi de ta ched
10,000 square feet 5,000 square feet
75 feet 35 feet
217
218
219
220
221
222
223
224
225
226
227
228
(3)
(4)
(5)
Minimum front yar. d
Minimum front yard
setback when adjacent
to a 40-foot riqht-
of-way created in
accordance with section
4.1(m) of the
subdivision ordinance
Minimum side yard
except when adjacent
to a street
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Minimum side yard
when adjacent to
a street
Minimum side yard
setback when
adjacent to a 40-
foot riqht-of-way
created in accordance
with section 4.1(m)
of the subdivision
ordinance
Minimum rear yard
As an exception, the
setback for any yard
adjacent to the Atlantic
Ocean for any structures
shall be 30 feet in the
R-5R District
Maximum lot coveraqe
Maximum total of
buildinq floor
area and area of
qarages qreater
than 400 square
feet expressed as
a percentaqe of
maximum allowable
20 feet
25 feet
20 feet
35 percent
20 feet
25 feet
20 feet
35 percent
lot coveraqe 200 percent 200 percent
Maximum area of
impervious cover, as
defined in 103 of the
Chesapeake Bay Pre-
servation Area Ordinance,
expressed as a per-
centaqe of lot size 60 percent 60 percent
COMMENT
The amendments accomplish the following:
1. Reduce rear and side yard setback requirements for accessory structures no larger than 150
square feet in area and no higher than 14 feet in ali residential zoning districts to 5 feet except
when adjacent to a street (Lines 67-79 and 114-126);
2. Increase rear yard setback requirements for duplex and semidetached dwellings in the R-5R
Residential District (Line 240);
3. Establish a maximum limitation of 60% of lot size on impervious surface coverage for single-
family, duplex and semidetached dwellings in the R-5R Residential District (Lines 152-163 and
257-263)
4. Require the area encompassed by garages over 400 square feet to be included in the calculation
of floor area ratio for single-family, duplex and semidetached dwellings in the R-5R
Residential District (Lines 141-151 and 248-256).
281
282
283
284
285
286
287
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2001.
CA-7918
ordin/proposed/czoR-5Ramd, wpd
R-4
May 9, 2001
APPROVED AS TO CONTENTS:
5'-/I. o!
Planning ~epartment
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
Item V-I. I O.
- 33 -
ORDINANCES/RES OL UTIONS
ITEM # 48205
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED:
License Refunds of $116,434.44
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
May 22, 2001
FORM NO C A 6 REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat;ons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A C A CORPORATION
JOHNSTON CHARLES C
MITCHELLS MANAGEMENT CORP
NAZU TEX INTERNATIONAL AMERICA
STATEWIDE MORTGAGE CORPORATION
2001 05/08101 45 54 0 00 45 54
04117101 AUDIT 222 49 39 50 261 99
04127/01 AUDIT 350 33 66 94 417 27
2001 03/29101 1,958 26 0 00 1,958 26
05103101 AUDIT 1,529 13 0 00 1,529 13
· ComJ~11'ssldn~l~f'-t~e- Revenue
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling
C~ty of Vlrg~ma Beach on the
4,212 19
22
~"CIty Attorney's ~Jfice
were approved by the Council of the
day of Nay ,2001
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AD SHOPPE INC
APPLIED RESOURCE MANAGEMENT INC
AT YOUR SERVICE RESTAURANT GROUP
AUTO BOUTIQUE INC THE
B & G PUBLISHING INC
INFINITY REMODELERS INC
COUSIN SPORTS FOOD INC
INTEGRITY TRANSPORTATION SERVICE INC
J J & J CONSTRUCTION CORP
LA GALLERIA SHOPS INC
LEBOW KENNETH ADD FAAD
NATIONAL VACUUM & SEWING OF VA
OLESONS INCORPORATED
PLAZA AZTECA HAYGOOD INC
PEGASUS AIRWAVE INC
PRUDENTIAL SECURITIES INC
Q E D SYSTEMS INC
RAGIN CAJUN INC
ROSS RAY W JR
SENTARA LIFE CARE CORPORATION
SPECIALTY COATINGS INC
STERLING CHURCH STREET FURNITURE
WILKINSON WALTER W II
WONG CORPORATION
04/19/01 AUDIT 406 26 121 83 528 09
04/20/01 AUDIT 52 54 3 08 55 62
2001 05/01/01 105 77 0 00 105 77
04/16/01 AUDIT 81 97 3 56 85 53
04/17/01 AUDIT 4,770 85 1,008 79 5,779 64
04/17/01 AUDIT 10 O0 53 09 63 09
04/03/01 AUDIT 492 26 82 94 575 20
2001 04/30/01 72 00 0 00 72 00
2001 04/30/01 95 59 0 00 95 59
2001 04/19/01 8 30 0 00 8 30
04/24/01 AUDIT 0 51 9 52 10 03
2001 04119/01 54 46 0 00 54 46
04/13/01 AUDIT 21 08 3 23 24 31
2000 04/30/01 1,876 07 0 00 1,876 07
04/19/01 AUDIT 128 82 0 00 128 82
04/24/01 AUDIT 5,500 93 91 65 5,592 58
2001 04/19/01 50 00 0 00 50 00
04/20/01 AUDIT 385 00 82 45 467 45
04/20/01 AUDIT 14 46 I 83 16 29
1997-98 04/30/01 72,320 93 0 00 72,320 93
04/24/01 AUDIT 226 54 30 99 257 53
04/18/01 AUDIT 20,463 65 3,169 84 23 633 49
2001 04106101 42 75 0 00 42 75
04/16/01 AUDIT 339 16 39 55 378 71
~rr~n,~n~ t~e'Revenue
Approved as to form
~ty Attorney's -
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
112,222 25
22
were approved by the Councd of the
day of Nay ,2001
Ruth Hodges Smith
C~ty Clerk
Item V-J.
- 34 -
PLANNING
ITEM # 48206
1. BILL Y W. CHAPLAIN
RECONSIDERATION
(DENIED: March 2 7, 2001)
CONDITIONAL CHANGE OF ZONING
And
CONDITIONAL USE PERMIT
2. SEA ESCAPE CORPORATION
MODIFICATION OF CONDITIONS
CONDITIONAL CHANGE OF ZONING
(Approved December 6, 1994)
3. KENNETH A. HALL &
S & S ENTERPRISES
STREET CLOSURES
TIDEWATER IMPORTS, INC. -
HALL AUTO WORLD BODY SHOP
CONDITIONAL USE PERMIT
4. COMMERCIAL INVESTMENT PROPERTIES, LLC CONDITIONAL USE PERMIT
5. AB UNDANT LIFE MINISTRIES
CONDITIONAL USE PERMIT
6. SANDBRIDGE COMMUNITY CHAPEL
UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
7. WILLIAM G. LILLEY
CONDITIONAL USE PERMIT
8. MASTER TRANSPORTATION PLAN
AMEND
(Remove portion Nimmo -formerly Ferrell
Parkway Parkway) from Atwoodtown
Road/Sandbridge Road from Princess
Anne Road to Sandfiddler Road/Princess
Anne Road from General Booth
Boulevard to Sandbridge Road
9. COMPREHENSIVE ZONING ORDINANCE
AMEND
3~103 re Zoning Verification Letter fees.
~106 re tncrease tn Board of Zoning
,
Appeals fees.
May 22, 2001
Item V-d.
- 35-
PLANNING
ITEM # 4820 7
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in
ONE MOTION Items 1 (DEFERRED), 2, 5 and 6 of the PLANNING AGENDA
Item 1 was DEFERRED INDEFINITEL Y, B Y CONSENT
Votmg 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, dr
Vtce Mayor Sessoms ABSTAINED on Item 2 (SEA ESCAPE CORPORATION) as the apphcant does
business wtth hts bank
Counctlman Jones ABSTAINED on Item 5 (ABUNDANT LIFE MINISTRIES) as he owns property
tmmedtately adjacent
May 22, 2001
- 36-
Item V-J. 1.
PLANNING
ITEM # 48208
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd DEFERRED
INDEFINITEL Y: RECONSIDERATION of the appltcattons of BILL Y W. CHAPLAIN for a Condtttonal
Change of Zonmg and Condmonal Use Permtt (DENIED: March 2 7, 2001)
AND,
ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO
CONDITIONAL B- 2
Ordmance upon apphcatton of Bally W Chaplain for a Condtttonal Change
of Zomngfrom A-12 Apartment Dtstrtct and RT-3 Resort Tourist Dtstrtct
to Condtttonal B-2 Communtty Bustness Dtstrtct on the west stde oJ
Washtngton Avenue begtnntng at potnt 140 feet more or less south o.[
Vtrgtnta Beach Boulevard, 849 and 853 Vtrgmta Beach Boulevard (GPIN
#2417-86-2074) and contatns 23,850 square feet BEACH - DISTRICT 6
ORDINANCE UPON APPLICATION OF BILL Y W CHAPLAIN FOR A
CONDITIONAL USE PERMIT FOR A BULK STORA GE YARD
Ordtnance upon apphcatton of Btlly W Chaplain for a Condtttonal Use
Permtt for a bulk storage yard at the southwest corner of Vtrgtnta Beach
Boulevard and Washmgton Avenue (GPIN #2417-86-2074) Satd parcel ts
located at 849 & 853 Vtrgm~a Beach Boulevard and contains 19,000
square feet BEACH - DISTRICT 6
Vottng 10-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Wdham W Harrtson, Jr
May 22, 2001
Item V-J. 2.
PLANNING
-37-
ITEM # 48209
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council MODIFIED the
condtttons approved December 6, 1994, on the change of zomng re apphcatton of SEA ESCAPE
CORPORA TION at 1609 Atlanttc Avenue to allow a business office and studto, contatntng 15, 000 square
feet
ORDINANCE UPON APPLICA TION OF SEA ESCAPE CORPORA TION
FOR A MODIFICATION OF CONDITIONS
Ordtnance upon apphcatton of Sea Escape Corporatton for a Modtficatton
of Condtttons placed on the apphcatton of a rezontng from RT-1 to
Condtttonal RT-2 and approved by Ctty Counctl on December 6, 1994, to
allow a bustness studto and offices Property ts located at 1609 Atlanttc
Avenue and contams 15, 000 square feet (GPIN #242 7-2 7-0065) BEACH-
DISTRICT 6
The followtng condtttons shall be requtred
I Proffer Number 2, contatned tn the Ortgtnal Agreement ts
hereby amended and restated tn its enttrety as follows
"2 The property shall be restrtcted to the followtng uses an
eattng and drtnktng estabhshment, bustness studto and offices,
pubhc butldtngs, and/or open space and grounds"
An agreement encompasstng modtfied proffers shall be recorded
wtth the Clerk of the Ctrcutt Court and ts hereby made apart of
the record
Voting 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
dongs, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wtlson
Council Members Vottng Nay
None
Council Members Abstatntng
Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Absent
Wtlham W Harrtson, dr
Vtce Mayor Sessoms ABSTAINED on Item 2 (SEA ESCAPE CORPORATION) as the apphcant does
bustness wtth hts bank
May 22, 2001
FORM NO. FI $. lB
City o£ Vir¢inia Reach
ZNTER-OFFI CE CORRESPOiktOE~CE
In Reply Refer To Our File No. DF-5394
DATE:
FROM: DEPT:
May 21, 2001
TO: Leslie L. Lilley DEPT: City Attorney
B. Kay Wilson~
Conditional Zoning Application
Sea Escape Corp.
City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 22, 2001. I have reviewed the subject proffer agreement, dated
April 16, 2001, and have determined it to be legally suffieiem 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.
BKW
Enclosure
MODIFICATION OF
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS, made this ~iay of April, 2001, by and between SEA ESCAPE CORP., a
Virginia corporation ("Grantor" for purposes of indexing) and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee" for purposes of
indexing);
WITNESSETH:
WHEREAS, Grantor is the owner of the real property described on EXHIBIT A
attached hereto (the "Property"), which Property is currently zoned RT-2 Conditional and subject
to certain recorded covenants, restrictions, and conditions; and
WHEREAS, in 1994, the Grantor proffered certain convenants, restrictions, and
conditions as part of a rezoning of the Property, as set forth in the Conditional Zoning
Agreement, dated November 25, 1994, and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia on December 16, 1994 in Deed Book 3460, at page 1056
(the "Original Agreement"); and
GPIN No. 2427-27-0065-0000
Document Prepared By and
Once Recorded, Return to:
Troutman Sanders Mays &
Valentine, LLP
999 Waterside Drive - Suite 2525
Norfolk, Virginia 23510
WHEREAS, Grantor desires to allow an additional use within the existing building on
the Property in addition to the uses authorized in the Original Agreement; and
WHEREAS, Grantor desires to amend and modify the covenants, restrictions, and
conditions set forth in the Original Agreement, in a manner compatible with the development
plans for the Property; and
WHEREAS, the conditions set forth in the Original Agreement may only be amended or
vaned by written instrument recorded in the Clerk's Office and executed by the record owner of
the Property, provided that said instrument is consented to by the City in writing as evidenced by
a certified copy of an ordinance or resolution adopted by the governing body of the City, after a
public hearing before the City advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia of 1950, which said ordinance or resolution shall be recorded along with the
amendment as conclusive evidence of such consent.
NOW, THEREFORE, the Grantor for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
City or its governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property, and hereby covenants and agrees that this
declaration shall constitute covenants running with the said Property, which shall be binding
Page 2
upon the Property and upon all parties and persons claiming under or through the Grantor, its
heirs, personal representatives, assigns, grantees and other successors in interest or title, namely:
1. Proffer Number 2, contained in the Original Agreement is hereby amended and
restated in its entirety as follows:
"2. The Property shall be restricted to the following uses: an eating
and drinking establishment; business studio and offices; public buildings; and/or
open space and grounds."
2. All other conditions contained in the Original Agreement shall remain unchanged
and are incorporated herein by reference.
All references herein 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
modification of proffered covenants, restrictions and conditions is approved by the Grantee.
The covenants, restrictions and conditions set forth above, having been proffered by the
Grantor and allowed and accepted by the Grantee, 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 subject Property at the time of
Page 3
recordation of such instrument; provided further that said insmunent is consented to by the
Grantee in writing as evidenced by a certified copy of an 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.
The Grantor covenants and agrees 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 Zoning Ordinance or this Agreement, the Grantor shall petition to 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 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 Grantor and Grantee.
Page 4
WITNESS the following signature and seal:
SEA ESCAPE CORP.,
A Virginia corporation
By: ~ (SEAL)
Vice-President
COMMONWEALTH OF. VIRGINiA,
The foregoing instnunent was swom to and acknowledged before me this ] ~ day of April,
2001, by Richard A. Maddox, as Vice-President of Sea Escape Corp., a Virginia corporation, on
behalf of the corporation.
My Commission Expires: ~13]]05
Notary Public
Page 5
EXHIBIT A
ALL THAT certain lot, piece or tract of land, with the buildings and improvements thereon, and
the privileges, rights-of-way, easements and appurtenances of every kind thereto belonging or in
any wise appertaining, situate, lying and being in the Virginia Beach Borough, in the City of
Virginia Beach, in the State of Virginia, presently generally known as the Prince Charles Hotel,
as shown on Plat No. 2 of part of the property of Virginia Bach Development Company, said plat
being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 1, Page 20 and being more particularly bounded and described as follows:
BEGINNING at a point where the southern line of 17th Street and the eastern line
of Atlantic Avenue intersect, and fi.om said point extending eastwardly along the
southern line of said 17th Street a distance of 150 feet to a point; thence extending
southwardly, parallel with Atlantic Avenue, a distance of 100 feet to a point;
thence extending westwardly, parallel with 17th Street, a distance of 150 feet to
the eastern line of Atlantic Avenue; thence extending northwardly along the
eastem line of Atlantic Avenue a distance of 100 feet to the point and place of
beginning.
TOGETHER with all the easements, right, title and interest whatever, both at law
and in equity of the Grantor in and to that certain lot, piece, parcel or tract of land
lying to the east of the above-described real property extended into the Atlantic
Ocean, together with all privileges, rights-of-way, easements, water, water
courses, riparian rights and appurtenances of every kind thereto belonging or in
any wise appertaining.
IT BEING the same property conveyed to Sea Escape Corp., a Virginia corporation by Deed of J.
Frank Malbon and John A. Maddox, partners trading as Prince Charles Company, dated June 10,
1965 and recorded in the aforesaid Clerk's Office in Deed Book 906, at page 494.
NFI24530vl
Page 6
- 38-
Item V-d. 3.
PL,4NNING
ITEM # 48209
Attorney Edward Bourdon, Phone 499-8971, represented the apphcant After conferrtng wtth the apphcant,
thts ttem was requested to be DEFERRED unttl the City Counctl Sesston of dune 5, 2001
Upon motton by Counctl Lady McClanan, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED
TO THE CITY COUNCIL SESSION OF JUNE 5, 2001, the apphcatton of KENNETH ,4. H,4LL and S&S
ENTERPRISES for the dtsconttnuance, closure and abandonment of the following streets Second Street
and Spruce Street TIDEW,4 TER IMPORTS, INC. - H,4LL ,4 UTO WORLD BOD YSHOPJor a Condtttonal
Use Permtt
AND,
Ordtnance upon apphcatton of Kenneth A Hall & S & S Enterprtses, A
Vtrgtnta general partnershtp, for the dtsconttnuance, closure and
abandonment of the followtng streets
Second Street begtnntng at the western boundary of Butternut
Lane and runntng tn a easterly dtrectton to the western boundary
of Spruce Street
Second Street begtnntng at the eastern boundary of Spruce
Street and runntng tn an easterly dtrectton to the western
boundary of Ptne Street
Spruce Street begtnntng at apotnt 400feet more or less south of
Bonney Road and runmng tn a southerly dtrectton to the
northern boundary of Interstate #264
Satd parcels contatn 1 037 acres ROSE HALL - DISTRICT3
ORDINANCE UPON APPLICA TION OF TIDE WA TER IMPOR TS, INC -
HALL AUTO WORLD BOD YSHOP FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR FA CILITY
Ordtnance upon apphcatton of Ttdewater Imports, Inc -Hall Auto Worm
Body Shop for a Condtttonal Use Permtt for an automobtle repatr facthty
on certatn property located a the southeast corner of Butternut Lane and
ummproved Second Street (GPIN #148 7-43- 7783, #1487-43- 7488, #14 73-
43-8402, #1473-43-9417, #1473-43-4435, #1473-43-5477, #1473-43-
4330, #1473-43-5375, #1473-43-5380, #1473-43-5287) DISTRICT3-
ROSE HALL
Vottng 10-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
clones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
OberndorJ, Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr and
Rosemary Wilson
Counctl Members Vottng Nay
None
Council Members Absent
Wtlham W Harrtson, dr
May 22, 2001
- 39-
Item V-J. 4.
PLANNING
ITEM # 48210
Attorney Ltsa M Murphy, LeClatr Ryan, PC, 999 Waterstde Drtve, Norfolk, Phone 624-1454, represented
the apphcant (7-Eleven, Inc )
Rebecca Plate, 852 Outbrtdge Quay 23464, Phone 479-1957, represented the Charlestowne Lakes South
Ctvtc League
Tony Febres, 1868 Ptttsburg Landtng 23464, Phone 479-0966, represented the Alexandrta Ctvtc League
A motion was made by Counctl Lady Eure, seconded by Vtce Mayor Sessoms to DEFER INDEFINITELY
an Apphcatton of COMMERCIAL INVESTMENT PROPERTIES, LLC, fora Condtttonal Use Permit for
an automobtle repatr_facthty
Satd MOTION was WITHDRAWN
Upon motton by Council Lady Eure, seconded by Counctl Lady Wtlson, City Counctl ALLOWED
WITHDRAWAL of the apphcatton of COMMERCIAL INVESTMENT PROPERTIES, LLC, for a
Condtttonal Use Permtt for an automobtle repatr_facthty
O~INANCE UPON APPLICATION OF COMMERCIAL INVESTMENT
PROPERTIES, LLC, FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SER VICE STATION
Ordtnance upon apphcatton of Commerctal Investment Properttes, LLC,
for a Condtttonal Use Permtt for an automobtle service statton on property
located at the northwest corner of Centervtlle Turnptke and Lynnhaven
Parkway (GPIN #2454-98-3391) Said parcel contatns 1 37 acres
CENTER VILLE- DISTRICT 1
Vottng 10-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
Council Lady Wtlson DISCLOSEDpursuant to Sectton 2 1-639 14, Code of Vtrgtma, she serves as the real
estate agent wtth respect to restdenttal property owned by the officers of the corporatton seektng the use
permtt The Ctty Attorney advtsed Counctl Lady Wtlson ts able to parttctpate wtthout restrtcttons Counctl
Lady Wtlson wtshes to &sclose thts tnterest and declare that she ts able to parttctpate m the transactton
fatrly, objecttvely and tn the pubhc tnterest
In order for the Attorney to confer wtth the restdents tn attendance, constderatton of thts apphcatton was
resumed after the APPOINTMENTS were made by the City Counctl
May 22, 2001
Item V-J.$.
- 40-
PLANNING
ITEM # 48211
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED
Ordtnance upon apphcatton of ABUNDANT LIFE MINISTRIES for a Condtttonal Use Permtt
ORDINANCE UPONAPPLICA TION OF AB UNDANTLIFE MINISTRIES
FOR A CONDITIONAL USE PERMIT OR A CHURCH (EXPANSION)
AND A DA Y CARE R05013049
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Abundant Ltfe Mtntstrtes for a Condtttonal
Use Permtt for a church (expanston) and a day care on the north stde of
In&an Rtver Road, west of Mthtary Htghway (GPIN #1456-15-4603) Satd
parcel ts located at 6530 In&an Rtver Road and contatns 9 944 acres
CENTER VILLE- DISTRICT 1
The followtng conchttons shall be requtred
1 The church seattng ts hmtted to 215 seats
The apphcant ts requtred to obtatn all necessary permtts for
alternations and change o fuse from the Permtts and lnspecttons
Dtvtslon of the Vtrglnta Beach Planntng Department The
apphcant shall not occupy the unit until a Certtficate of
Occupancy has been tssued
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 (/) of the Zomng Ordtnance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-second o_f Ma¥, Two
Thousand One
Vottng 9-0 (By Consen0
Council Members Votlng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S
McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy
K Parker, Vtce Mayor William D Sessoms, Jr and Rosemary Wilson
Counctl Members Voting Nay
None
Counctl Members Abstalntng
Louts R Jones
Counctl Members Absent
Wtlham W Harrtson, Jr
Councilman Jones ABSTAINED as he owns property lmmedtately adjacent
May 22, 2001
Item V-J. 6.
- 41 -
PLANNING
ITEM # 48212
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED
Or&nance upon apphcatton of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST
CHURCH for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF SANDBRIDGE COMMUNITY
CHAPEL UNITED METHODIST CHURCH FOR A CONDITIONAL USE
PERMIT R05013050
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon apphcatton of Sandbrtdge Commumty Chapel Umted
Methodtst Church for a Condmonal Use Permtt for a church (addttton) at
the southwest tntersectton of Sandptper Road and Bontta Lane (GPIN
#2433-42-1690) Satd parcel ss located at 3041 Sandptper Road and
contatns 32,164 square feet PRINCESS ANNE - DISTRICT 7
The followtng condtttons shall be requtred
Ltghttngfor the facthty shall be &rected tnward and not shtne on
adjacent homes There shall be no flood or htgh wattage (above
60 watts) hghts that remain on after 11 O0 p m
Foundatton screemng shall be tnstalled along the enttre butldtng
wall along Sandpiper Road The screenmg shall be of a type that
ss wtnd and salt tolerant as descrtbed tn Category VIII of the
Vtrgtnta Beach Landscape, Screenmg and Buffering
spectficattons
The proposed addtttons shall be constructed tn substanttal
accordance wtth the submttted elevatton The proposed
addtttons shall match the extsttng butldtng tn color and butldtng
matertals
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent_¥-second of Ma¥,
Thousand One
Two
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Wtlham W Harrison, Jr
May 22, 2001
Item V-d. 7.
- 42 -
PLANNING
ITEM # 48213
Attorney Morrts Ftne, 2101 Parks Avenue, represented the apphcant and requested DEFERRAL
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED FOR
NINETY (90) DAYS UNTIL CITY COUNCIL SESSION OF AUGUST 28, 2001, Ordtnance upon
apphcatton of WILLIAM G. LILLEY for a Condtttonal Use Permtt for a borrow ptt expanston
ORDINANCE UPON APPLICATION OF WILLIAM G LILLEY FOR A
CONDITIONAL USE PERMIT FOR A BORROW PIT EXPANSION
Ordtnance upon apphcatton of Wtlham G Ltlley for a Condtttonal Use
Permtt for a borrow ptt expansion on the east stde of Oceana Boulevard,
north of Credle Road (GPIN #2416-28-9567) Satdparcel ts located at 566
Oceana Boulevard and contatns 24 acres BEACH - DISTRICT 6
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
May 22, 2001
- 43 -
Item V-J. 8.
PLANNING
ITEM it 48214
The followtng regtstered tn OPPOSITION
Adam Rttt, 908 Esqutana Court 23456, Phone, 853-3557, represented Frtends for Ferrell Parkway
Sue Foy, 4235 Chartty Neck Road
Marshall Belanga, 901 Sandbrtdge Road, Phone, 426-7150
Ann Henley, 3112 Colechester Road, Phone 426-6991
Jane Bloodworth Rowe, 608 Ocean Lake Drtve 23454, Phone 426-3053
Upon motton by Councd Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED:
Ordtnance to AMEND the Master Transportation Plan re removtng a
portion of Nimmo (formerly Ferrell) Parkway from Atwoodtown Road to
the east, the ahgnment and width of Sandbrtdge Road from Prtncess Anne
Road to Sandfiddler Road, and the ahgnment and wtdth of Prtncess Anne
Road from General Booth Boulevard to Sandbrtdge Road
Voting 6-3 (By Consen0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Barbara M Henley, Robert C Mandtgo, Jr,
Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wdham
D Sessoms, Jr
Councd Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wdson
Councd Members Abstatntng
Louts R Jones
Counctl Members Absent
Wdham W Harrtson, Jr
Councdman Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank
whtch exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creekproperty
Councdman Jones' letter of January 23, 2001, ts already on record
May 22, 2001
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AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN PERTAINING TO THE
MASTER TRANSPORTATION PLAN BY THE
REMOVAL OF A PORTION OF NIMMO
(FORMERLY FERRELL) PARKWAY FROM
ATWOODTOWN ROAD TO THE EAST; THE
ALIGNMENT AND WIDTH OF SANDBRIDGE
ROAD FROM PRINCESS ANNE ROAD TO
SANDFIDDLER ROAD; AND THE ALIGNMENT
AND WIDTH OF PRINCESS ANNE FROM
GENERAL BOOTH BOULEVARD TO
SANDBRIDGE ROAD
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WHEREAS, the public necessity, convenience, general
welfare and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan (the "Plan") of the City of
Virginia Beach be, and hereby is amended and reordained by the
following amendments:
To the Map of the Master Transportation Plan:
1. Remove the 100DBCS (100 feet wide right-of-way,
divided roadway, with a bikeway and controlled-
access, scenic) portion of Nimmo (Ferrell) Parkway
from Atwoodtown Road east to Sandbridge Road (see
map on page 19-4).
2. Add 125DB (125 feet wide right-of-way, divided
roadway, with bikeway alignment) to the plan along
General Booth Boulevard from Nimmo Parkway to
Princess Anne Road (see map on page 19-4).
3. Add 125DBS* (125 feet wide right-of-way, divided,
scenic roadway, with bikeway alignment [width may
be up to 143 feet as needed] to the plan along
Princess Anne Road, from General Booth Boulevard to
Sandbridge Road (see map on page 19-4).
4. Add 125DBS* (125 feet wide right-of-way, divided,
scenic roadway, with bikeway alignment [width may
be up to 143 feet as needed] to the plan along
Sandbridge Road from Princess Anne Road to
Atwoodtown Road (see map on page 19-4).
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PLAN) :
5. Add 70UDBS** (70 feet wide right-of-way, undivided
scenic roadway, with bikeway alignment [width may
be up to 100 feet as needed] along Sandbridge Road
from Atwoodtown Road to Sandfiddler Road.
To the text of the Comprehensive Plan:
A. Page 166 (second paragraph: MASTER TRANSPORTATION
The following are the Controlled Access highways
designated on the General Corridor Concept Element map:
1. Ferrell and Nimmo Parkwayg, from Indian River Road
to Sandbridge Atwoodtown Road (includes portions of
Princess Anne Road)
2. General Booth ....
B. Page 167-168 (MASTER TRANSPORTATION PLAN) :
Aesthetic Overlay corridor segments designated on the
General Corridor Concept Element are:
1. Elbow Road and its Extension, from Chesapeake City
Line to Princess Anne Road.
2. Ferrell Parkway Princess Anne Road, from General
Booth Boulevard to Sandbridge Road, and Sandbridqe
Road, from Princess Anne Road to Atwoodtown Road.
3.General Booth ....
C. Page 177 (MASTER TRANSPORTATION PLAN) :
in light of the study underway to identify
zmprovement strategies for ~= o~z~u~= Road
corridor, ~-~- --= --- '
~m~ plan defez~ any z=commendatmon for
transportation improvements in the transition area
--=~ of Princess Anne Road Thi~ plan s~ould be
co~pleted by February i~
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 22nd day of May, 2001.
CA-8079
ORDIN ~NONCODE / cpnimmoord, wpd
R-2
May 11, 2001
AGENDA ITEM #19 / AMENDMENT TO THE
MASTER TRANSPORTATION PLAN
(Comprehensive Plan)- Nimmo Parkway and
Sandbridge Road
April 11, 2001
BACKGROUND
Amendment to the Master Transportation Plan (MTP) pertaining to the removal of a
portion of Nimmo (formerly Ferrell) Parkway from Atwoodtown Road to the east;
alignment and width of Sandbridge Road from Princess Anne Road to Sandfiddler
Road; and the alignment and width of Princess Anne Road from General Booth
Boulevard to Sandbridge Road.
On February 6, 2001, City Council voted to sell to the Back Bay National Wildlife
Refuge (BBNWR) the segment of Nimmo Parkway right-of-way east of Atwoodtown
Road to Sandbridge Road (approximately 5,000 feet). On February 27, 2001, City
Council voted to close and abandon this right-of-way contingent on the terms of the
agreement governing the sale of the right-of-way to BBNWR. The closure and
abandonment of this right-of-way requires that an amendment to the City's Master
Transportation Plan, a component of the Comprehensive Plan, ir) orde~ to replace
the function of Nimmo Parkway as a route of safe and adequate transportation
access to and from Sandbridge.
PROPOSED AMENDMENT(S)
The following amendment generally reflects the proposal established by the
Sandbridge Corridor Improvements Capital Improvements Program (ClP) project,
approved by Council on March 27, 2001. The following amendments to the MTP are
recommended:
1. Remove the "100DBCS" (100 feet wide right-of-way, divided roadway, with a
bikeway and controlled-access, scenic) portion of Nimmo (Ferrell) Parkway
from Atwoodtown Road east to Sandbridge Road (see map on page 19-4).
2. Add "125DB" (125 feet wide right-of-way, divided roadway, with bikeway
alignment) to the plan along General Booth Boulevard from Nimmo Parkway
to Princess Anne Road (see map on page 19-4).
3. Add "125DBS *" designation (125 feet wide right-of-way, divided, scenic
roadway with bikeway alignment [width may be up to 143 feet as needed for
aesthetic enhancements]) to the plan along Princess Anne Road, from
General Booth Boulevard to Sandbridge Road (see map on page 19-4).
PC Agenda, April11,2001 - Page 19-1
4. Add "125DBS *" designation (125 feet wide right-of-way, divided, scenic
roadway with bikeway alignment [width may be up to 143 feet]) to the plan
along Sandbridge Road from Princess Anne Road to Atwoodtown Road (see
map on page 19-4).
5. Add "70UDBS **" (70 feet wide right-of-way, undivided, scenic roadway with
bikeway alignment [width may be up to 100 feet]) along Sandbridge Road
from Atwoodtown Road to Sandfiddler Road.
In addition to the above map amendments, the following modifications must be
made to the text of the Comprehensive Plan:
Page 166 (second paragraph)
"The following are the Controlled Access highways designated on the
General Corridor Concept Element map:
1 Ferrell and Nimmo Parkways, from Indian River Road to ~'-'-'~'-"'~'-"
· ~1~ l~q, l
Atwoodtown Road (includes portions of Princess Anne Road)
2. General Booth .... "
Page 167 (bottom) to 168 (at top)
"Aesthetic Overlay corridor segments designated on the General Corridor
Concept Element are:
1. Elbow Road and its Extension, from Chesapeake City Line to Princess
Anne Road
:,~,,-,.~,,, D,~,-~,,-,,~,,Drinn~ Anne Road, from General Booth Boulevard to
I ~.~1 I VII I
Sandbridge Road, and Sandbridge Road, from Princess Anne Road to
Atwoodtown Road·
3. General Booth .... "
·
Page 177 (top)
EVALUATION
The proposed amendments are recommended for approval. The amendments
provide a planned alignment for a safe and adequate transportation corridor to and
from Sandbridge as a replacement for Nimmo Parkway from Atwoodtown Road to
Sandbridge Road.
PC Agenda, April 11,2001 - Page 19 - 2
EXISTING MASTER
TRANSPORTATION PLAN
PC Agenda, April11,2001 - Page19-3
PROPOSED
AMENDMENTS TO THE
MASTER
TRANSPORTATION PLAN
PC Agenda, April11,2001 - Page 19-4
- 44-
Item V-J. 9.
PLANNING
ITEM # 48215
NO ACTION NECESSARY on the Ordtnances to AMEND the Ctty Zomng Ordtnance (CZO)
a 3~103 re Zoning Verification Letter fees.
b 3~106 re tncrease tn Board of Zoning Appeals'fees.
These amendments were approved on at the May 15 meeting
(The agenda schedule and pubhcatton ts to comply wtth legal adverttstng)
May 22, 2001
- 45-
Item V-K. 1.
APPOINTMENTS
ITEM it 48216
BY CONSENSUS, Ctty Councd RESCHEDULED the followtng APPOINTMENT
COMMUNITY SER VICES BOARD (CSB)
May 22, 2001
Item V-K. 2.
- 46-
APPOINTMENTS
ITEM # 48217
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED
Fred G. Adams
Richard "Tuck" Bowie
Lillie R. Gilbert
Richard J. LaClaire
Reese F. Lukei, Jr
Steven A. Lurus
Rebecca Plate
Kelly R. Thorp
3-Year Terms
June 1, 2001 - May 31, 2004
PARKS & RECREATION COMMISSION- OPEN SPACE SUB-COMMITTEE
Vottng 10-0
Council Members gottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
May 22, 2001
-47-
Item V-K.$.
APPOINTMENTS
ITEM # 48218
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED:
Joseph E. Strange
District 1 - Centerville
Unexpired term thru 12/31/03
PLANNING COMMISSION
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr
May 22, 2001
- 48 -
Item V-M. 1.
NE W BUSINESS
ITEM # 48219
City Counctl RECORDED, B Y CONSENSUS
ABSTRACT OF LEGAL CIVIL CASES - Resolved by the City Attorney - April 2001
May 22, 2001
- 49 -
Item V-N.
AD JO URNMENT
ITEM 1448220
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:02 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
May 22, 2001