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AUGUST 28, 2001 MINUTESCITY COUNCIL City of Virginia Beach --~.,I~I~iUN~ ~ ? F~,~ ~ ~iF~ ~ MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS, JR, At-Large LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6 MARGARET L EURE, Center. tile -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, Kempsvtlle - District 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY' Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA OUR CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ca)' vtrgmta-beach va us August 28, 2001 I. CITY MANAGER'S BRIEFING - Conference Room- 3:00 PM Ao HAMPTON ROADS TRANSPORTATION (HRT)--Fundlng Issues and Routes Dale Castellow, Transportation Coordinator, Department of Planning Patricia Phillips, Director, Department of Finance g. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)--Prlvate Contract Agreement P. Wade Kyle, Waste Management Admlmstrator, Department of Public Works II. REVIEW OF AGENDA ITEMS m. CITY COUNCIL COMMENTS IV INFORMAL SESSION - Conference Room - 4:30 PM A CALL TO ORDER - Mayor Meyera E Obemdorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend T. Shane Martin Green Run Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 14, 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 Counctl to be enacted by one motion. Ho PRESENTATIONS KING NEPTUNE Donald H Clark, Attorney at Law, King Neptune XXVIII Nancy A Creech, Executive Director, Neptune Festival 2 MISS VIRGINIA Megon Shanley "WOMAN OF THE YEAR" Polly Pearce BID OPENING OPENING OF SEALED BIDS Nlmmo Parkway/Sandbrldge Road (Staff to summarize bids and report to Council) Jo PUBLIC HEARINGS 1 EXCHANGE OF CITY PROPERTY - Muddy Creek Road - District 7 - Princess Anne 2. LOCAL LAW ENFORCEMENT BLOCK GRANT 3 LEASE OF CITY PROPERTY - Nlmmo Parkway (formerly Ferrell Parkway) K ORDINANCE S/RE SOLUTION Ordinance to ACCEPT and AWARD BID for a Lease of Clty property, comprising a part of the former ahgnment of Nlmmo Parkway (formerly Ferrell Parkway), west of the intersection with Sandbndge Road, re utility, bike path construction/maintenance; and, AUTHORIZE the City Manager to develop and execute the Lease , Ordinance to AUTHORIZE the execution of the Employment Contract with the Clty Manager for the term of December 2, 2001, to November 30, 2006 Ordinance to declare EXCESS PROPERTY on a parcel of land on Muddy Creek Road; AUTHORIZE the C~ty Manager to execute a Land Exchange Agreement with the U S Fish & Wildhfe Service, and, APPROPRIATE funds received from the U S Fish & Wildlife for this exchange. (DISTRICT 7 - PRINCESS ANNE) Ordinance to AMEND § § 30-57, 30-59, and 30-60 of the City Code re soil removal, land-disturbing activities, requirements for erosion and sedimentation control plans and inspections, and, ADD "Responsible Land Disturber" definition Ordinance to AMEND § 21-321 2 of the City Code to maximize speed limits in designated neighborhoods (a) Effective as of February 13,2001 (1) L & J Garden Norwich Avenue Dulcle Avenue Tajo Avenue Falrlawn Avenue (2) Acredale: Acredale Road Olive Road Mlnden Road Old Kempsvllle Road Bonneydale Road Burlington Road Alton Road Andover Road Rlttman Road Langston Road (3) Lake Shore Jack Frost Road Langston Road Old Kempsvflle Road (4) Middle Plantation/Little Neck: Harris Road (b) Effective as of August 14, 2001' (1) Lake Shores Oak Leaf Lane Regina Lane Mosby Road Charla Lee Lane Term Road Meredith Road Frlzzel Drive Smith Farm Road Lake Road S School Road Finn Road (2) Brighton on the Bay' Templeton Lane WlvenhoeWay Starr Way (3) Baylake Pines/Baylake Beach Ben Gunn Road Rampart Avenue Sandy Bay Drive Indian Hill Road Bayvdle Road Baylake Road Lookout Road (4) Country Haven Stewart Drive Ordinance to authorize a temporary encroachment to SONIC RESTAURANTS, INC. into a portion of the right-of-way and City property (pump station site) at 3581 Holland Road adjacent to Rosemont Road (DISTRICT 3 - ROSE HALL) Ordinance to authorize the City to participate in the Statewide Mutual Aid Program re emergency aid and assistance in the event of a major &saster in accordance with set terms and conditions Ordinance to APPROPRIATE $710,000 from the General Fund to the police mounted patrol facility re purchasing property for a permanent location for the mounted patrol unit . Ordinance to ACCEPT and APPROPRIATE the Local Law Enforcement Block Grant (LLEBG) of $262,350 from the Federal Bureau of Justme Assistance to the FY 2001-2001,operating budget re law enforcement and to TRANSFER $29,150 from the General Fund Reserve for contingencies for the required grant matches. 10 Ordinance to APPROPRIATE $43,700 from the Inmate Telephone revenue to the Sheriff's FY 2001-2002 Operating Budget re two new positions to assist with processing and booking of inmates 11 12 Ordinance to TRANSFER $800,000 from Pnncess Anne Plaza drmnage-Phase II, and $100,000 from SWM Master Planning, Analysis, and Inventory to Fair Meadows Drainage re revised construction costs Resolution re admlmstrat~ve authorization of refunds of local taxes as previously delineated by § 3 5 3 of the c~ty code L PLANNING PLANNING BY CONSENT - To be determtned durtng the Agenda Review Session. Application of SALEM WOODS CIVIC ASSOCIATION, INC. for a Variance to § 4.5 of the Subdivision Ordinance, which requires public sites and open space for residential subdlwslons. The apphcant requests the recreational area be transformed ~nto three (3) residential lots at the east end of Lonng Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL Application of SBA, INC., for a Condtttonal Use Permit re a multiple use communication tower on the south side of Pungo Ferry Road, west of Princess Anne Road (2165 Pungo Ferry Road); containing 48.70 acres. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . Application of WILLIAM G. LILLEY for a Condtttonal Use Permit for a borrow pit expansion on the east side of Oceana Boulevard, north of Credle Road (566 Oceana Boulevard), containing 24 acres (DISTRICT 6- BEACH) Deferred: Recommendation: May 22, 2001 APPROVAL Application of JEFFREY S. MURPHY for a Conchttonal Use Permtt for an auto repair establishment and bulk storage (vehicles) at Highway Lane and Virginia Beach Boulevard (233 Highway Lane) containing 37,160 sq. ft. (DISTRICT 6 - BEACH) Staff Recommendation: Planmng Comm. Recommendation: DENIAL APPROVAL . Application of WALTER D. ROBBINS for a Con&ttonal Use Permtt for a mini- warehouse at Providence Road and Woodstock Drive (5950 Providence Road) containing 4.39 acres. (DISTRICT 1 - CENTERVILLE ) (The Beacon advertisement for this application was listed as being in District 6 - Beach. The correct area is: DISTRICT 1 - CENTER VILLE.) Recommendation: APPROVAL o Application of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC., for a Change of Zoning District Classfficatlon from R-7.5 Residential to Conditional A-12 Apartment w~th D-H2 Planned Umt Overlay on the west side of W~tchduck Road, 420 feet north of Wltchduck Court, containing 12 acres. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL m. N. O. P. 08/23/01GW AGENDA\08-28-01 www vb~ov corn . Application of NEW HAUCK DEVELOPMENT LLC for a Change ofZontng Dtstrtct Classtficatton from R-7.5 Residential and A-12 Apartment to R-5S Residential on the east side of Lawrence Drive south of Lynbrook Landing, containing 100 feet. (DISTRICT 4- BAYSIDE) Recommendation: APPROVAL . Application of ENOCH BAPTIST CHURCH for a Modtficatton of Con&ttons on a Condlt~onal Use Permit at 5641 Moore's Pond Road, re the site development, architectural design and road improvements on Herbert Moore Road approved December 16, 1997. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL 9. City of V~rglnia Beach: a. AMEND the City Zoning Ordinance (CZO) § 107 re criteria for proffers. b. AMEND the City Zoning Ordinance (CZO): (1) (2) (3) (4) (5) Define "Truck" and "Trailer" Redefine "Motor Vehicle Sales and Rental" Add specific standards for Truck and Trailer Rentals Establish "Truck and Trailer Rentals" as a principal use in the I-1 and 1-2 Industrial Zoning Districts Delete "Motor Vehicle Sales and Rentals" in the RT-2 and RT-3 Zoning Districts. Recommendations: APPROVAL APPOINTMENTS DEVELOPMENT AUTHORITY EASTERN VIRGINIA HEALTH SYSTEMS AGENCY PRINCESS ANNE COMMONS STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION (RAC) UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - August 2001 . The abstract of votes, as recorded by the General Regtstrar, from the REPUBLIC,4N PAR TY PRIM,IR Y ELECTION for the 21 ~t House of Delegates Dtstrtct, held August 21, 2001, ts on file wtth the Ctty Clerk. 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) MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rgima August 28, 2001 Mayor Meyera E Oberndorf called to order the Ctty Manager's Briefing re HAMPTON ROADS TRANSPOR TA TION (HR T) -Funding Issues and Routes tn the Ct ty Counctl Conference Room, Ct ty Hall Butldmg, on Tuesday, August 28, 2001, at 3 O0 P M Counctl Members Present 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 Ltnwood 0 Branch, III Wtlham W Harrtson, Jr [Entered 3 15PM] [Entered 3 12 P M] -2- CITY MANAGER'S BRIEFING HAMPTON ROADS TRANSPORTATION (HRT) - Funding Issues and Routes 3:00 P.M. ITEM 1148544 Patncia Phtlhps, Director of Ftnance , referenced the Hampton Roads Transportatton (HRT) Budget process (October 1, 2001 -September 30, 2002) Budget Document Received Public Hearing HRT Budget Workshop Planning and Development Committee Management Advisory Committee (MAC) Financial Advisory Task Force (FA TF) Joint Meeting Adoption of Budget by HRT Commission August 9~August 28 August 23, 2001 August 29, 2001 September 6, 2001 September 20, 2001 HRT 2001-02 Revenues: Operating Revenues: Non Operating Revenues: Localities State Federal CMAQ/ST/Other $14.2 9.4 10.7 13.8 1.3 I Total Revenues (Millions) $49.4 HRT 2001-02 Expenses: Personal Services Services Material Taxes/Utilities Purchased Transportation Casualty & Liabilities Leases/Miscellaneous Total Expenses (Millions) $31.1 2.7 8.1 .9 2.8 2.5 1.3 ;49.4 Operating and Capital Contributions 2001-2002 Chesapeake 629,13 7 Hampton 1,426,190 Newport News 1,439, 832 Norfolk 4,118,780 Portsmouth I, 170,234 Suffolk 82,400 Vtrgtnta Beach 1,825,560 $1 O, 692,133 Operating $ 9,392,130 Capital 1,300,000 August 28, 2001 -3- CITY MANAGER'S BRIEFING HAMPTON ROADS TRANSPOR TA TION (HR T) - Funding Issues and Routes ITEM 1148544 (Continued) Mrs Phdhps referenced. Major Budget Issues Increased local funding Determination o factual target Potential service issues Rolling Stock: Policies on/Replacement Auditors Report FY 2000 Potential Reallocation of Funds for FY2002 to result in less impact on localities. Determination of impacts of recent labor negotiations. Comprehensive Operation Analysis (COA) due February 2002 Fuel prices Financial system Dale Castellow, Transportation Coordinator, Department of Planning, referenced Hampton Roads Transit Service Issues: Budget Target: Target is directly related to the Service Plan Pubic Hearings based on Target of $510, 000. Counctl Lady Nancy Parker was an excellent Chart at the Pubhc Hearing on August 23, 2001, Central Library, 6 O0 P M Latest Target provided by HRT IS $395,000 Need accurate target Service Reduction' Routes recommended for termtnatton include Route Route Route Route Route Route Route 8 7 - Kempsville Maxi-ride 52 - Chesapeake Pembroke Express 22 - Greenbrier - Indian River 60 - Kempsville Road 12 - Indian River Road 33 - North Seashore 26 - Silverleaf - downtown Route 3 7- Oceana (weekdays) Route 39 - Princess Anne (Service would continue to Municipal Center) HRT has recommended eliminating 9 routes based on performance According to HRT, productive routes carry 20 plus passengers per hour Routes recommended by HRT carry less than 7passengers per hour Audit Information' $$58,000 of state aid incorrectly credited to the Northside. HRT apparently failed to draw down $1.2-million in federal preventative maintenance. Appears as though the combined shortfall has been absorbed by the cities unearned income accounts. GOALS Evaluate opinions that have least impact on Virginia Beach Recommendations for City Council September 11, 2001 Mr Castellow advtsed Council Lady Eure the Kempsvtlle routes are relatively new. HRT suggested to the City that an effecttve transit route carry 20 passengers or more per hour These routes that have been proposed for reduction carry 7 or less passengers per hour. Chesapeake has corresponded with the City Manager suggesting their interest to save Route 12 Adjustments have been made to Chesapeake's Budget The letter suggests Chesapeake is not going to save Route 60, but very interested in saving Route 12. The rtdershtp data has been examined by Virgtnta Beach for every single route Several of these routes could be adjusted by shortening the day or frequency the route runs, thus saving signtficant dollars. August 28, 2001 -4- CITY MANAGER'S BRIEFING HAMPTON ROADS TRANSPOR TA TION (HR T) - Funding Issues and Routes ITEM 1148544 (Continued) Vtce Mayor Sessoms advised the Comprehensive Operation Analysis (COA) due February 2002 is a very good study and should improve the routes Vtce Mayor Sessoms and Council Lady Parker, upon recetpt of the correct Budget figures, will recommend Ctty Council maintain the current routes until this COA report is received Mayor Oberndorf agatn reiterated her question as to why the HRTdoes not try to adjust the equipment they purchase for the City of Virginia Beach to the smaller buses that can take the fewer passengers at a more economical price. Norfolk has a wonderful "mix" encompassing electric buses whtch run to MacArthur Mall and the Memorial The City is aware the equtpment is too large and the various Chatrmen of HRThave been informed Mr Castellow advised HRT has advised a 40-foot bus cost approximately the same as a 26-foot The labor involved in drivtng the buses and the fuel effictenctes are stmtlar. Thetr posttion ts the City is receiving "more bus for the money". Funds should be received from the last session of the General Assembly relattve a Regional Bus Initiative and HRT wishes to devise a route deviation. The service ts destgned to have some level of penetration into a neighborhood. HRT concurs 40-foot buses are not appropriate for this type of service. Patricta Phillips advised Councilman Jones the $558,000 of state aid which was incorrectly credited to the Northside was done incrementally Vice Mayor Sessoms and Council Lady Parker complimentedMs. Phillips and Mr. Castellow on the amount of time devoted to providing the audit information concermng HRT. Council Lady Parker advised she finally received a copy of the HRTBudget and the Workshop is scheduled for tomorrow, August 29, 2001. Vice Mayor Sessoms advtsed one of the matn items under &scusston wtll be taktng the funds budgeted forpurchase of new buses and tn turn capitalizing maintenance A pohcy needs to be developed relative the amount of funds which can be taken from the capital fund and placed tn the operattng budget HRT has the goal of 6 years as the average hfe span of a bus Councd Lady Parker advtsed she was told the replacement was 500,000 miles or 12 years. Councd Lady Wtlson advised school buses are replaced every 12 years This is constdered an aggresstve replacement cycle wtth matntenance every thtrty (30) days Counctlman Man&go has received many comments from individuals who are not utiliztng the Kempsvdle intersection, but the bus routes These citizens will be back on the Kempsvtlle Intersection in their cars, tf the bus routes are not continued. The Department of Defense is now refunding commuting cost for people under certatn conditions. There are problems with air quahty in South Hampton Roads to the extent that public transportation may alleviate some cars, particularly some that are older or might not meet the present emission requirements Air quality and the number of cars not on the road because of the bus routes are two major issues which should be considered in making the decision. The 40-foot buses do not.fit on Witchduck Road Dale Castellow advised the City of Chesapeake wdl hold an HR T Public Hearing on the proposed service reduction on August 30, 2001, at 700 P.M., Great Bridge Community Center, 212 Holt Drive. Chesapeake, at this point, has seemed to restore two of the routes in their service plan. Route 60, which affects Kempsville, has not been restored. Mayor Oberndorf inquired relative the advertisements sold on the outside of the buses. The staff shall provide statistics relative the amount of revenue that would be lost if these advertisements are not conttnued to supplement the Budget. August 28, 2001 -5- CITY MANAGER'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Private Contract Agreement 3:50 P.M. ITEM g48545 Wade Kyle, Waste Management Administrator, Department of Public Works, recogmzed Attorney Phtl Abraham, Decker Corporation, who represented the private haulers during the negotiations The Southeastern Public Service Authority (SPSA) has the (RDF Plant), Refuge Drtve Fuel Plant The trash is taken to be burned in the facility in Portsmouth Steam is generated and sold to the Norfolk Naval Shipyard for their use They also operate transfer stations, two of which are located in Virgtnia Beach Oceana Transfer Station - Virginia Beach Boulevard; and, the Landstown Transfer Station -Rosemont Road They also operate the Regional Landfill in Suffolk A proposed "tipping fee" of $74.00 a ton was presented in the Budget in May for the eight- (8) member cities and down to $13.00 a ton for theprivate haulers This was a 38% increase in the tipping fees to the member communities Although, Virgima Beach is capped, in the longer term tt would still impact as the Ctty pays the actual tipping fee and then ts reimbursed. SPSA/Private Hauler Long Term Agreement Broad Goals: Level Playtng Fteld on ttppingfees Lower Municipal ttpptng fees All of Private Sector processable waste Private Sector Goals: No Waste Generator Fee No Displacement Notice SPSA PROPOSED RATES FOR PRIVATE HAULERS and MEMBER COMMUNITIES Date Prtvate Haulers Members August 1, 2001 $ 28.00 $ 57.00 (July 1, 2001) July 1, 2002 $ 33.00 $ 55.00 July 1, 2003 $ 38.00 $ 49.00 July 1, 2004 $ 40.00 $ 44.00 July 1, 2005 $ 42.00 $42 O0 Provisions: Prtvate haulers that execute an agreement wtth SPSA wtll dehver all processable waste collected within the SPSA service area at the above rates. Each member community will adopt a resolution stipulating that they will not tmpose a waste generator fee, and wtll not tssue a displacement notice to any prtvate hauler that has a valid agreement wtth SPSA Deputy City Attorney Macali has prepared a Resolution which will be scheduled for the City Council Sesston of September 5, 2001 The Navy rate wdl be the same as the private haulers. August 28, 2001 -6- CITY MANAGER'S BRIEFING SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) - Private Contract Agreement ITEM g48545 (Conttnued) A swamp arrangement will be made for non-processable waste to be delivered to BFI and?or Waste Management in quantities above 7, 000 tons per month of processable waste delivered to SPSA SPSA will deliver and pay the private hauler rate. After July 1, 2004, any rate change, up or down, wall be the same for processable waste delivered by prtvate haulers and all processable waste delivered by private haulers and all processable and non-processable waste delivered by member communities. Savings by Member Community First Year 5-Year total Chesapeake $1,619, 794 $12,566, 799 Franklin 85,833 665,916 Isle of Wight 279,497 2,168,413 Norfolk 1,608,523 12,4 79,356 Portsmouth 694, 008 5,384,3 02 Southampton 235,365 1,826, 025 Virginia Beach * 749,859 TOTAL $ 35,840,670 *Because Virginia Beach has a capped tipping fee, the City has already saved over $7 5-MILLION in the contract with SPSA In the years 3 and 4 of the contract, the ttppingfee actually goes lower than the cap and the City will begin saving an estimated $3/4-MILLION Mr Kyle advised gotng to the other municipalities to ensure thetr participation prtor to appearing before the SPSA Board It definitely was a team effort. Attorney Davenport provtded excellent assistance. Tilts Resolution stating the City will not impose the waste generator fee will be scheduled for the Ctty Counctl Sesston of September 5, 2001. August 28, 2001 -7- AGENDA REVIEW SESSION 4:12 P.M. ITEM #48546 K 10r&nance to ACCEPT and AWARD the BID for a Lease of Ctty property, comprtstng a part of the former ahgnment of Ntmmo Parkway (formerly Ferrell Parkway), west of the tntersectton with Sandbrtdge Road, re utility, bike path construction/maintenance, and, AUTHORIZE the Ctty Manager to develop and execute the Lease Thts item wtll be &scussed durtng the Formal Sesston ITEM #4854 7 K 20r&nance to AUTHORIZE the execution of the Employment Contract wtth the Ctty Manager for the term of December 2, 2001, to November 30, 2006 Counctl Lady McClanan wtll vote a VERBAL NAY on thts ttem ITEM #48548 K 40r&nance to AMEND 3g 21-321 2 of the Ctty Code to maximize speed limits tn destgnated netghborhoods (a) Effective as of February 13, 2001 (1) L & J Garden Norwtch Avenue Tajo Avenue Dulcte Avenue (2) Acredale Acredale Road Ohve Road Mtnden Road Old Kempsvtlle Road (3) Lake Shores Jack Frost Road Langston Road (4) Middle Plantation/Little Neck Harrts Road Bonneydale Road Burhngton Road Alton Road Fatrlawn Avenue Andover Road Rtttman Road Langston Road Old Kempsvtlle Road (b)Effecttve as of Aiiga~t 14, 2P, P,! August 29, 2001 (1) Lake Shores Oak Leaf Lane Regtna Lane Mosby Road Charla Lee Lane (2) Brighton on the Bay Templeton Lane Wtvenhoe Way (3) Baylake Pines/Baylake Beach Ben Gunn Road In&an Htll Road Rampart Avenue Bayvtlle Road Sandy Bay Drtve (4) Country Haven Stewart Drtve Term Road Mere&th Road Frtzzel Drtve Smtth Farm Road Lake Road S School Road Ftnn Road Starr Way Baylake Road Lookout Road *Deputy Ctty Attorney Macah &strtbuted an amended Or&nance reflecttng the effecttve date of August 29, 2001 Dean Block- Dtrector of Pubhc Works, advised costs are entatled tn the tntttal stages of the traffic calmtng process, whtch tnvolve the opportunttyfor the staff to meet wtth the restdents and develop a plan There are some overttme costs assoctated wtth enforcement whtch are patd from the traffic calmtngprogram fund and tf phystcal tmprovements are necessary, then thts would be a part of the same program August 28, 2001 -8- ,4 GEND,4 RE VIE W SESSION ITEM g48549 K 60r&nance to authorize a temporary encroachment to SONIC REST,4 URANTS, INC. mto a portton of the right-of-way and Cttyproperty (pump statton stte) at 3581 Holland Road adjacent to Rosemont Road (DISTRICT 3 - ROSE HALL) dtm Lawson, Real Estate, advtsed Councdman Man&go thts encroachment was done tn this manner, as tt was the only way to have the gravtty sewer reach the site ITEM g48550 K 80r&nance to ,4PPROPRI,4 TE $ 710, O00from the General Fund to the Police Mounted Patrol facthty re purchastng propertyfor a permanent location for the mountedpatrol unit ,hm Lawson, Real Estate, advtsed Counctl Lady Wdson the staff ts tn the process of Phase I assessments to find a current survey and rechecktng the stte before actual closure wtth the developer through the Ctty Attorney's office ITEM #48551 KIO Or&nance to ,4PPROPRI,4TE $43, 700 from the Inmate Telephone revenue to the Shertff's FY 2001-2002 Operattng Budget re two new positions to asstst wtth processtng and booktng of tnmates Counctl Lady McClanan advtsed recetvtng complatnts relattve the telephone system and will vote N,4 Y on thts ttem Shertff Lantetgne advtsed the tnmate Telephone Fund was estabhshed as a spectal revenue fund where phone calls made from thejatl are all "collect" calls, whtch ts a common practtce The current rate ts 75¢ plus 35¢ per minute All funds collected from these fees go tnto the spectal revenue account on the mmate servtces fund Those funds can only be utthzed for ttems benefittmg the tnmates as ad&ttonal positrons tn processtng and booktng, purchase of mattresses, etc ITEM g48552 K12 Resolutton re admtntstrattve authortzatton of refunds of local taxes as prevtously dehneated by 3~ 35 3 of the Ctty Code Counctl Lady McClanan requested a hst be perto&cally sent to Ctty Counctl of all tax refunds admtmstrattvely authortzed The Cay Attorney advtsed thts hst shall be provtded The refunds will be much faster through this admtntstrattve process ITEM #48553 BY CONSENSUS, the followtng shall compose the CONSENT A GENDA: ORDIN,4NCES/RES OL UTION K 20r&nance to ,4 UTHORIZE the executton of the Employment Contract wtth the Ctty Manager for the term of December 2, 2001, to November 30, 2006 K 30r&nance to declare EXCESS PROPERTY on a parcel of land on Muddy Creek Road, ,4UTHORIZE the Ctty Manager to execute a Land Exchange Agreement wtth the US Ftsh& Wtldhfe Servtce, and, ,4PPROPRI`4 TE $3, 738 recetved from the US Ftsh& Wtldhfe for thts exchange tn connectton wtth the Sandbrtdge dratnage project (DISTRICT 7- PRINCESS ANNE) August 28, 2001 -9- AGENDA REVIEW SESSION ITEM g48553 (Continued) K 40r&nance to AMEND 3%~ 30-57, 30-59, and 30-60 of the Ctty Code re sod removal land-&sturbtng acttvtttes, requirements for eroston and se&mentatton control plans and tnspecttons, and, ADD "Responsible Land Disturber" definltton K 50r&nance to AMEND 3~ 21-321 2 of the Ctty Code to maximize speed limits tn destgnated netghborhoods (a) Effecttve as of February 13, 2001 (1) L & J Garden Norwtch Avenue Tajo Avenue Dulcte Avenue (2) Acredale Acredale Road Ohve Road Mtnden Road Old Kempsvdle Road (3) Lake Shores .lack Frost Road Langston Road (4) Middle Plantation/Little Neck Harrts Road Bonneydale Road Burhngton Road Alton Road Fatrlawn Avenue Andover Road Rtttman Road Langston Road Old Kempsvdle Road (b)Effecttve as of Aagast 14, 2001 August 29, 2001 (1) Lake Shores Oak Leaf Lane Regtna Lane Mosby Road Charla Lee Lane (2) Brighton on the Bay Templeton Lane Wtvenhoe Way (3) Baylake Pines/Baylake Beach Ben Gunn Road In&an Htll Road Rampart Avenue Bayvtlle Road Sandy Bay Drtve (4) Country Haven Stewart Drtve Term Road Mere&th Road Frtzzel Drtve Smith Farm Road Lake Road S School Road Ftnn Road Starr Way Baylake Road Lookout Road K. 60r&nance to authorize a temporary encroachment to SONIC RESTAURANTS, INC. tnto a portion of the rtght-of-way and Cttyproperty (pump statton stte) at 3581 Holland Road adjacent to Rosemont Road (DISTRICT 3 - ROSE HALL) K 70r&nance to authorize the Ctty to parttctpate tn the Statewide Mutual Aid Program re emergency atd and asststance tn the event of a major &saster tn accordance wtth set terms and con&ttons K8 Or&nance to APPROPRIATE $ 710, O00 from the General Fund to the Police Mounted Patrol facthty re purchastng property for a permanent locattonfor the mountedpatrol umt K9 Or&nance to ACCEPT and APPROPRIATE the Local Law Enforcement Block Grant (LLEBG) of $262,350 from the Federal Bureau of dusttce Asststance to the FY 2001-2001 operaang budget re law enforcement and to TRANSFER $29,150from the General Fund Reserve for conangenctes for the reqmred grant matches. KIO Or&nance to APPROPRIATE $43,700 from the Inmate Telephone revenue to the Shertff's FY 2001-2002 Operattng Budget re two new positions to asstst wtth processtng and booktng of tnmates August 28, 2001 - IO- AGENDA REVIEW SESSION ITEM #48553 (Continued) K11 Ordtnance to TRANSFER $800, O00 from Prtncess Anne Plaza dratnage-Phase II, and $11 O, O00 from SWM Master Planmng, Analysts, and Inventory to Fair Meadows dratnage re revtsed constructton costs K12. Resolutton re admtmstrattve authortzatton of refunds of local taxes as prevtously dehneated by 3q 35 3 of the City Code Counctl Lady McClanan wtll vote a VERBAL NAY on Items K 2 and K 10 August 28, 2001 -ll- AGENDA RE VIE W SESSION ITEM g48554 L 1 Apphcatton of SALEM WOODS CIVICASSOCIATION, INC. for a Vartance to ~ 4 5 of the Sub&vtston Ordinance, whtch requtres pubhc sttes and open space for restdenttal sub&vtstons The apphcant requests the recreattonal area destgnatton be removed and transformed into three (3) restdenttal lots at the east end of Lormg Road (DISTRICT 2- KEMPSVILLE) Counctl Lady Henley expressed concern relattve gtvtng up open space in a densely developed area Sara Hensley, Dtrector of Parks and Recreatton, advtsed the staff recommended dental because even though thts sub&vtston exceeds the Parks and Recreatton standard, the Kempsvtlle area has a defictt of open space Over a pertod of trine, there wtll be no guarantee that these funds, even though tnvested, wtll still be suffictent to matntatn the other two recreattonal parcels Councd Lady Eure requested Sara provtde tnformatton relattve their revtew Sara advtsed the Parks and Recreatton staff are gotng to each Homeowners Assoctatton tn the Ctty and a report encompasstng these approxtmately 1 O0 Assoctattons should be avatlable by the end of September These are untque sttuattons Some of the Assoctattons do not have mandatory dues assoctated wtth the recreattonal space and this has caused numerous problems The Salem Woods Civic Assoctatton's tnvestments and operattng costs have been examtned Counctlman Man&go &d not beheve the Ctvtc League could afford to matntatn all of the recreattonal areas Thts ts not a Homeowners Association, it is a Civic League and therefore membershtp ts voluntary Thts ttem shall be &scussed durtng the Formal Sesston ITEM #48555 L 2 Apphcatton of SBA, INC., for a Con&ttonal Use Permtt re a multtple use communication tower on the south stde of Pungo Ferry Road, west of Prtncess Anne Road (2165 Pungo Ferry Road), contatntng 48 70 acres (DISTRICT 7 - PRINCESS ANNE) Thts ttem wtll be DEFERRED INDEFINITEL Y, B Y CONSENT ITEM #48556 L 3 Apphcatton of WILLIAM G. LILLEYfor a Con&ttonal Use Permtt for a borrow pit expansion on the east stde of Oceana Boulevard, north of Credle Road (566 Oceana Boulevard), contatntng 24 acres (DISTRICT 6- BEA CH) The Ctty Manager advtsed concerns relattve the Southeastern Parkway have been satisfied Stephen Whtte, Planning, advised the Navy has tn&cated they do not have any opposttton ITEM g4855 7 L 4 Apphcatton of JEFFREY S. MURPHY for a Con&ttonal Use Permtt for an auto repair estabhshment and bulk storage (vehicles) at Htghway Lane and Vtrgmta Beach Boulevard (233 Htghway Lane) contatntng 37,160 sq fi (DISTRICT 6 - BEACH) Vtce Mayor Sessoms referenced the revtsed con&ttons &strtbuted by Planmng Councdman Branch advtsed thts ttem wtll be &scussed durtng the Formal Sesston due to the Staff recommendatton for DENIAL August 28, 2001 - 12- ,4 GENDA REVIEW SESSION ITEM #48558 L 5 Apphcatton of WALTER D. ROBBINSfor a Condtttonal Use Permtt for a mini-warehouse at Provtdence Road and WoodstockDrtve (5950 Providence Road) contatmng 4 39 acres (DISTRICT 1 - CENTER VILLE ) Vtce Mayor Sessoms referenced concerns Thts item will be discussed tn Formal Sesston ITEM # 48559 B Y CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA: L 2 Apphcatton of SBA, INC., for a Condmonal Use Permit re a multtple use communication tower on the south stde of Pungo Ferry Road, west of Prtncess Anne Road (2165 Pungo Ferry Road), contatntng 48 70 acres (DISTRICT 7 - PRINCESS ANNE) L 3 Apphcatton of WILLIAM G. LILLEYfor a Condtttonal Use Permtt for a borrow pit expansion on the east side of Oceana Boulevard, north of Credle Road (566 Oceana Boulevard), contatntng 24 acres DISTRICT 6- BEACH) L8 L9 Apphcatton of ENOCH BAPTIST CHURCH for a Modtficatton of Condittons on a Condtttonal Use Permtt at 5641 Moore's Pond Road, re the stte development, archttectural design and road tmprovements on Herbert Moore Road approved December 16, 1997 (DISTRICT 2- KEMPSVILLE) Ctty of Vtrgtnta Beach AMEND the Ctty Zoning Ordtnance (CZO) 3~ 107 re crtterta for proffers b AMEND the City Zomng Ordtnance (CZO) (1) Define "Truck" and "Trader" (2) Redefine "Motor Vehtcle Sales and Rental" (3) Add spectfic standards for Truck and Trader Rentals (4) Establish "Truck and Tratler Rentals" as a prtnctpal use tn the I-1 and 1-2 Industrtal Zontng Dtstrtcts (5) Delete "Motor Vehtcle Sales and Rentals" tn the RT-2 and RT-3 Zontng Dtstrtcts Item L 2 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT. August 28, 2001 - 13- CITY COUNCIL COMMENTS 4:30 P.M. ITEM # 48560 In reachng the verbatims from the Planntng Commtsston, tf the Commtsston Members are not vottng, are they absent? Counctl Lady Eure requested the termtnology be changed as thts ts very confusing ITEM # 48561 Councdman Harrtson advtsed he dtd not support any ahgnment on Shore Drive/Lesner Bridge tmprovements, whtch would cause a maternal and stgntficant negattve tmpact on the "Duck Inn" whtch ts a htstortcal landmark Councdman Harrtson dtstrtbuted a Resolutton recogmztng the stgntficance of the Duck Inn Restaurant as a Vtrgtnta Beach Landmark and resolvtng that the Lesner Brtdge tmprovements wtll not have a stgntficant negattve tmpact on the Duck Inn Restaurant Councilman Harrtson requested thts ttem be ADDED to the Agenda (This Resolution was not ADDED nor voted upon during the Formal Session) ITEM # 48562 Counctl Lady Henley referenced the vartous communication tower apphcattons She understands the need to have ctttzens served adequately, but, there ts also the Ctty's responstbthty to make certatn tt ts done tn a fashton that ts compattble wtth the area, tn whtch these towers are to be located Unfortunately, the tmpact ts not known unttl these towers are located Counctl Lady Henley wtshed to be advtsed of the number of towers requtred, so they wtll beplaced tn areas whtch are as unobtrustve as posstble and do not damage the communtty character There had been methods developed allowing these towers to be placed tn areas whtch were less obtrustve t e school sttes, extendtng existing hghts, water towers, gratn elevators and utthztng Vtrgtnta Power structures as much as posstble The Ctty should make certatn every effort ts exerted to assure these towers are as tnconsptctous as possible to servtce the area In some cases requtrtng co-location ts caustng these towers to be htgher If these towers do not have to co-locate, would thts enable shorter facthttes and thus be adaptable on hght posts or ?trgtma Power facthttes ? Some of these commumcatton factltttes have been tnstalled where the lan&cape has been damaged Counctl Lady ts not comfortable with revtewtng these apphcattons tn a "ptece meal" fashton One of the recommendattons tn the staff report was to request the provtders tnform Ctty Counctl annually of thetr proposals As tn Pungo wtth the accumulatton of towers, an area can be destroyed vtsually Councdman Branch concurred wtth Counctl Lady Henley and referenced the Pungo Ferry Bridge and a very tall monopole only 'hundreds of yards away As the apex of the Pungo Ferry Bridge also at a very htgh elevatton, could not thts serve as a locatton for the communtcattons equtpment? In the southern portton of the Ctty, these towers are much more visible Counctl Lady Henley requested a more thorough examtnatton of the questton Counctl Lady Henley tnqutred tf other sttes were or could be reviewed concermng location of parttcular towers rather than a totally prtsttne area such as utthztng a tall hght post or stmulattng a hght post on top of thts Bridge? Counctl Lady Parker had requested a Verbattm of the Or&nance upon apphcatton of CROWN COMMUNICATION for a Condtttonal Use Permtt and, Con&ttonal Change of Zomng (Approved December 7, 1999) for VIRGINIA STORA GE, LLC (David W. Gatling) to be modtfied to allow a 90' tower (MODIFIED: August 14, 2001). Infill and capactty was one of the tssues raised and whether these facthttes can be dtsgutsed The btgger tssue needs to be dtscussed relattve a system wide coverage and the overall tntegrtty of our Ctty Counctl Lady Eure beheves the staff could provtde the responses to these tnqutrtes Vtce Mayor Sessoms suggested the tower developers work wtth staff to devtse a generahzed plan for the geographic area Mr Scott advtsed legal tssues are tnvolved The Ctty Manager referenced the destre for City Council, as the appltcattons for communtcattons tower are constdered, to be provtded a system wtde perspecttve The Ctty Manager advtsed thts City has one of the best tower ctttngprograms of any ctty tn the Untted States The Ctty Manager shall work wtth staff to devtse a generahzedplan August 28, 2001 - 14- CITY COUNCIL COMMENTS ITEM # 48563 Councd Lady Wdson referenced the E-marl from the semor ctttzen who travels extensively and would hke to have hts monthly water billspatd automattcally Councd Lady }Vdson requested the staff respond relattve automatic payment of water bills. ITEM # 48564 Counctl Lady Henley referenced the SPECIAL JOINT SESSION of the Ctttes of Chesapeake and Vtrgtnta Beach relattve Joint Land Use Study of the Southeastern Parkway and Greenbelt at the HRPDC Regtonal Bud&ng, 723 Woodlake Drtve, Chesapeake, Vtrgmta on Thursday, August 23, 2001 Prtor to the vote on theproposed Resolutton re the Southeastern Parkway, Councd Lady Henley requested the followtng tnformatton be provtded In 1996, the Ctty of Vtrgtma Beach engaged a consultant to define the aesthetic quahty of the Southeastern Parkway (EDA Ir/) Councd Lady Henley requested a copy of thetr recommendattons Comment from the Navy tn 1996 Councd Lady Henley wtshed to be assured the Ctty has the Navy's current decision relattve the Southeastern Parkway and wtshed to be provtded wtth mformatton relattve thetr positron Councd Lady Henley beheves some of thetr concerns have been allevtated with the butl&ng of Oceana Boulevard The Navy, tn prevtous correspondence, had commented relattve theposstbthty of a toll road, also the tssues of encroachments and compattbthty She wtshed to be provtded a copy ofthetr concerns Umted States Corps of Engtneers response dated 1994 These earher comments were not favorable A more current response relattve thetr permttttng the Southeastern Parkway ts needed ITEM # 48565 Councdman Man&go advtsed Councdman Jones relative a posstble revised route change of the Kempsville Intersection Councdman Man&go advtsed a Commtttee meeting ts scheduled for Wednesday, September 12, 2001, 3 O0 to 5 O0 PM at the AAA Bud&ng There have been about ten (10) vartances to the tntersectton destgn The Commtttee ts comprtsed of 23 members encompasstng busmess, commumty and civic leader tnterests Bestdes the members of the Commtttee, there are always ad&ttonal ctttzens tn attendance Ktmberly Horn has narrowed the recommendattons to three (3) The Ctty Manager shall provtde these tentattve alternattves to the members of Ctty Councd The Commtttee stdl has two months of work prtor to the scheduhng ora Pubhc Heartng tn November August 28, 2001 - 15- ITEM # 48566 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, August 28, 2001, at 4 53 PM Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, 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 Absent None August 28, 2001 -]6- ITEM # 48567 Mayor Oberndorf entertatned a motion to permtt City Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Virginia, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, assignment, appointment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of specific pubhc officers, appointees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wit Appotntments Boards and Commtsstons Development Authortty Eastern Vtrgtnta Health Systems Agency Prtncess Anne Commons Steertng Commtttee Pubhc Library Board Resort Advtsory Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meeting wouM adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Agrtcultural Reserve Program - (two parcels) -Prtncess Anne Dtstrtct Acqutsttton of Property - Kempsvtlle District Beach Dtstrtct Lynnhaven Dtstrtct LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other specific legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Frtends of Ferrell Parkway, L L C and Andrea Ktlmer v Ctty of Vtrgtnta Beach, et al Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 None (Time of Closed Session: 4:55 P.M. to 5:55 P.M.) August 28, 2001 -17- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL August 28, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Building, on Tuesday, August 28, 2001, at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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' None INVOCATION Reverend T Shane Martin Green Run Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mtss Vtrgtnta, Megon Shanley, sang the STAR, SPANGLED BANNER Vice Mayor Sessoms, betng a Corporate Officer of Wachovta Bank DISCLOSED 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 capactty as an officer of Wachovta Bank The Vzce Mayor regularly makes thzs Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter January 2, 2001, ts hereby made a part of the record August 28, 2001 Item V-F. 1. - 19- MINUTES ITEM ii 48569 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of August 14, 2001. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, 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 Voting Nay None Counctl Members Abstatntng Margaret L Eure Counctl Members Absent None Counctl Lady Eure ABSTAINED as she was not tn attendance during the Ctty Counctl Sesston of August 14, 2001 August 28, 2001 - 20 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM it 485 70 B Y CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 28, 2001 Item V-H.2/3 - 22 - PRESENTATION ITEM # 485 72 Mayor Oberndorf PRESENTED: MISS VIRGINIA Megon Shanley "WOMAN OF THE YEAR" Polly Pearce Megon ts a 1997 Graduate of Prtncess Anne Htgh School She attended and graduated from Old Dominion University cum laude with a major in Communications and a Minor in Marketing Her scholasttc honors are as follows Dean's Ltst- Sprtng of 1998, Sprtng of 1999, Fall of 2000 She was mducted tnto Lambda Pt Etta (National Communication Honor Society) In the Fall of 1999, she was tnducted into the Golden Key National Honor Society. Polly Pearce became tnvolved with the Mtss Amertca Volunteer Program tn 1963 She moved to Vtrgtnta Beach tn 1970 and tn 1972 became the Executtve Dtrector of the Miss Vtrgtnta Beach Pageant She ts also an tmportant part of the Mtss Vtrgtnta organtzatton tn Roanoke She has been selected as Woman of the Year in the City of Virginia Beach. She ts the first local Executtve Dtrector to ever wtn the "Woman of the Year" at the Mtss Vtrgtnta pageant Mayor Oberndorf presented tokens of apprectatton to Megon and Polly August 28, 2001 - 23 - Item V-I. 4. ITEM # 485 73 Mayor Oberndorf referenced Counctl Lady Parker had alerted her that the Owl's Creek Boat Ramp wtll be closed on Sunday, September 2, 2001 August 28, 2001 - 24 - Item V-J. 1. PUBLIC HEARING ITEM # 485 74 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCHANGE OF CITY PROPERTY- Muddy Creek Road - District 7 - Princess Anne The followtng registered to speak Para and Ttm Cannon, 4276Muddy Creek Road, Phone P 426-8508, requested DEFERRAL, as they are owners of the property adjacent to thts property Henry Gardner, 2961 Sandfiddler Road, Phone 721-3809, represented the Sandbrtdge Ctvtc League and spoke tn SUPPORT There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING This item was MOVED FORWARD prior to the Opening of Sealed Bids (Nimmo Parkway/Sandbridge Road) August 28, 2001 - 25 - Item V-J. 2. PUBLIC HEARING ITEM # 485 75 Mayor Oberndorf DECLARED A PUBLIC HEARING: LOCAL LA W ENFORCEMENT BLOCK GRANT There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. This item was MOVED FORWARD prior to the Opening of Sealed Bids (Nimmo Parkway/Sandbridge Road) August 28, 2001 Item V-I.I. BID OPENING - 26- ITEM # 485 76 The Ctty Manager OPENED the SEALED BIDS (Nimmo Parkway/Sandbridge Road) Two Btds were recetved (1) Timothy and Katherme Cannon and (2) Umted States -Ftsh and Wtldhfe Servtce The Ctty Manager dtstrtbuted coptes of the Bid Summaries Bidder: Timothy and Katherine Cannon Term 40 years Compensation for Lease $1 O0 O0 per year, the first 20 years ($2, 000) pard tn advance Proposed Use Wtll use the land for huntmg, fishing and harvesttng game They would only bow hunt on the west stde of Hells Creek Canal Management Plan Includes tnstalhng nesting boxes along the bike paths for warblers, tnstalhng wood duck nesttng boxes tn the marshes, plant wtldflowers to attract btrds, keep trespassers out, keep the deer population tn check, and preserve the land tn tts natural state Hunttng tnsurance wtll be matntatned Bidder: United States - Fish and Wildlife Service Term 40 years Compensatton for Lease $1 O0 per year Will purchase the Lotus Creekproperty and preserve tt tn tts natural state from development as tt does the rest of tts Wtldhfe Refuge Proposed Use Wtll preserve the land tn tts natural state and tncorporate the leased premtses wtthtn tts Refuge Boundartes It will also matntatn an aesthettcally pleastng landscape for a pedestrtan/btke trail Management Plan Includes conservtng and protecttng the leased area, ehmtnate tnvastve pest plants, promote btochverstty, provtde educattonal opportuntttes for the pubhc, manage storm water runoff from the pedestrtan/btke tratl to avotd unnatural condtttons to the leased area and partner wtth adjacent landowners to reduce envtronmental tmpacts from surrounding land The Ctty Manager advtsed the proposals have been evaluated for both of these btds submttted tn advance pursuant to Code Sectton 15 2-2 102 Relattve the Cannon's Bid, the staff beheves, parttcularly the tssue of hunting, tt ts tnconststent wtth the proposed use tn terms of preservtng the property and accesstng the property wtth pedestrian htktng and btktng tratls There are concerns tn terms of land use compattbthty wtth thetr proposal The staff beheves thts could cause a health tssue with the safety of the btkers and joggers tn the proposed tratl area Thetr bid does not allow for preservtng the land tn its natural state whtch would tnclude the preservatton of the area and the btrds and antmals whtch currently habttat the area Therefore, tt ts the staff's recommendatton that thts Btd ts non responstve to the objecttves and dtsquahfy the Cannon Btd for the proposed use suggested August 28, 2001 -27- Item V-I. 1. BID OPENING ITEM # 48576 (Continued) The Umted States Ftsh and Wtldhfe Bid offers a NOMINAL rental payment of $1 per year and the promtse to pay $2.86-MILLION to purchase the Lotus Creek property and protect that land from development This ts conststent wtth the objectives and crtterta of the RFP The preservatton of other envtronmental senstttve areas, such as the Lotus Creek property, ts one of the top prtortty objecttves discussed with Ctty Counctl on August 7, 2001 The US Ftsh and Wtldhfe Servtce ts expertenced tn preservtng and protecttng natural areas such as the preservatton of the area tn questton The Servtce ts staffed wtth professtonal Btologtsts, and Planners who wtll assure the land ts preserved tn tts natural state The Btd ts accompamed by a responstble management plan as to how the land would be preserved and protected tn perpetmty In addttton, the Ftsh and Wtldhfe Service ts worktng wtth the Pubhc Works Department to exchange land tt owns on Sandbrtdge Road for the Sandbrtdge Road wtdemng project It ts the staff's tntentton tf the City proceeds wtth the lease agreement to U S Ftsh and Wtldhfe, the Escrow Agreement wtll be accomphshed prtor to or stmultaneous wtth the executton of the rtght-of-way The staff recommends City Counctl A WARD the Btd to the Umted States Ftsh and Wtldhfe Servtce August 28, 2001 Item V-K.I.a. - 28 - ORDINANCES/RES OL UTION ITEM # 485 77 The questton was separated wtth one vote on the acceptance of the bid, and, a second vote to award the btd and authortze the lease Upon motion by Councilman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Counctl ACCEPTED the bid for a Lease of Ctty property, comprtstng a part of the former ahgnment of Ntmmo Parkway (formerly Ferrell Parkway), west of the tntersectton wtth Sandbrtdge Road, re utility, btke path constructton/matntenance Vottng 7-3 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,, Robert C Man&go, Jr, 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 Lores R Jones Counctl Members Absent None 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 Whtle thts resolutton does not spectfically address the Lotus Creek property, thts tssue has not been resolved yet and there sttll mtght be some connectton between the sale of the Ntmmo Parkway rtght-of-way to the Lotus Creek tssue Counctl Lady Wtlson DISCLOSED pursuant to Sectton 2 1-639 14, Code of Vtrgtnta, she recetves more than $10,000 annually tn commtsstons form Prudenttal Decker Realty Prudenttal Decker Realty markets homes tn Lago Mark Phase 7, and the Ferrell VII/Ntmmo Parkway rtght-of-way could provtde more dtrect access from Lago Mar Phase 7 to Sandbrtdge The Ctty Attorney has advised thts interest does not meet the crtterta of a personal tnterest tn a transaction under the Confltct of Interests Act Mrs Wilson dtsclosed thts interest and declared she ts able to parttctpate tn the transactton fatrly, objecttvely and tn the pubhc tnterest Counctl Lady Wtlson's letter of August 28, 2001, ts hereby made a part of the record This item was voted upon prior to the Public Hearing (Lease of City Property - Nimmo Parkway) August 28, 2001 - 29- Item V-J. 1. PUBLIC HEARING ITEM # 485 78 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY- Nimmo Parkway (formerly Ferrell Parkway) The followtng regtstered tn SUPPORT: Jacqm Garrtson, 2609 Atwoodtown Road, Phone 721-6399, Herb Jones, 2313 Sandptper Road, 23456, Phone 721-1103 Henry Gardner, Sandbrtdge Ctvtc League, 2961 Sandfiddler Road 23456, Phone 721-3809 Wynne Rentz, Sandbrtdge Road Improvement Coahtton (SRIC)801 Costa Grande Drtve, 23456 Phone 340-8001 The followtng regtstered tn OPPOSITION Jtm Reeve, 1476 Lotus Drtve, Phone 721-1019 Andrea Kdmer, Frtends of Ferrell Parkway, 801 Costa Grande Drtve, 23456, Phone 340-8001 Maxtne Graham, 305 7 S Sandptper Road, 23456, Phone 721-3000 ,lane Bloodworth Rowe, 608 Ocean Lakes Drive, 23454, Phone 426-3053 There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING August 28, 2001 - 31 - Item V-K. ORDINANCES/RES OL UTION ITEM # 48580 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd APPROVED IN ONE MOTION, Or&nances/Resolutton 2, 3, 4, Sa, 5b(AS AMENDED), 6, 7, 8, 9, 10, 11 and 12 of the CONSENT AGENDA. Item 5b was ADOPTED, B Y CONSENT, AS AMENDED. (The effective date shall be August 29, 2001) Votmg 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 Wilson Council Members Voting Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY ON Item K 2 and 10 August 28, 2001 Item V-K.I.b. - 30- ORDINANCES/RES OL UTION ITEM # 485 79 Upon motton by Councdman Harrison, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED: Or&nance to A WARD a Lease of Ctty property, comprtstng apart of the former ahgnment of Ntmmo Parkway (formerly Ferrell Parkway), west of the tntersectton wtth Sandbrtdge Road, re utility, bike path construction/maintenance, and, AUTHORIZE the Ctty Manager to develop and execute the Lease (United States Fish and Wildlife Service) Vottng 7-3 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Barbara M Henley,, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Voting Nay Margaret L Eure, Reba S McClanan and Rosemary Wdson Counctl Members Abstatntng Louts R Jones Counctl Members Absent None 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 Creek property Whtle thts resolutton does not spectfically address the Lotus Creek property, thts tssue has not been resolved yet and there sttll mtght be some connectton between the sale of the Ntmmo Parkway rtght-oj~-way to the Lotus Creek tssue Counctl Lady Wtlson DISCLOSED pursuant to Sectton 2 1-639 14, Code of Vtrgtnta, she recetves more than $10,000 annually tn commtsstons form Prudenttal Decker Realty Prudenttal Decker Realty markets homes tn Lago Mark Phase 7, and the Ferrell VII/Ntmmo Parkway right-of-way could provtde more &rect access from Lago Mar Phase 7 to Sandbrtdge The Ctty Attorney has advtsed thts tnterest does not meet the crtterta ofa personal tnterest tn a transactton under the Confltct of Interests Act Mrs Wtlson &sclosed thts tnterest and declared she ts able to parttctpate tn the transactton fatrly, objecttvely and tn the pubhc tnterest Counctl Lady Wtlson's letter of August 28, 2001, ts hereby made a part of the record August 28, 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AWARD A LEASE OF AN APPROXIMATELY 15.7-ACRE STRIP OF LAND IN THE CITY OF VIRGINIA BEACH, VIRGINIA, COMPRISING A PART OF THE FORMER ALIGNMENT OF NIMMO PARKWAY (FORMERLY FERRELL PARKWAY), WHICH LIES EAST OF THE ATWOODTOWN ROAD RIGHT-OF-WAY TO A POINT APPROXIMATELY FOUR THOUSAND FOUR HUNDRED SEVENTY FEET TO THE EAST, JUST WEST OF THE FORMER ALIGNMENT'S INTERSECTION WITH SANDBRIDGE ROAD THE LEASED PREMISES SHALL BE EXCLUSIVE OF A 20-FOOT-WIDE STRIP OF THE FORMER NIMMO PARKWAY ALIGNMENT ("RETAINED STRIP"), AND THE CITY SHALL RETAIN THE RIGHT OF ACCESS TO TWO 10-FOOT-WIDE STRIPS ("RIGHT-OF-ACCESS") ALONG EACH SIDE OF THE RETAINED STRIP. THE RETAINED STRIP AND RIGHT OF ACCESS SHALL BE FOR THE PURPOSE OF UTILITY CONSTRUCTION AND MAINTENANCE, CONSTRUCTION AND MAINTENANCE OF A BIKE PATH AND ACCESS WHEREAS, the City Councd of the City of Vlrglma Beach decided not to bmld a road 18 along the former alignment for N~mmo Parkway (formerly Ferrell Parkway) east of Atwoodtown 19 Road and adopted a Resolution on February 6, 2001, declanng ~ts ~ntentlon that NImmo Parkway 20 shall have its eastern terminus at Atwoodtown Road; 21 WHEREAS, the City Council adopted a Resolution on May 22, 2001, amending ~ts 22 Master Transportation plan to ehm~nate the proposed alignment of Nlmmo Parkway east of 23 Atwoodtown Road; 24 WHEREAS, the C~ty Council has determined that the property acquired for the proposed 25 road ~s no longer needed by the City, except for mmntenance of emst~ng utlht~es and to construct 26 and mmntaln a b~ke path, 27 WHEREAS, the proposed lease can be described as a 40-year lease of a strip of land, 28 comprising approximately 15 7 acres, located in the C~ty of Vlrglma Beach The strip of land ~s a 29 portion of the former ahgnment for Nlmmo Parkway (formerly Ferrell Parkway), whtch hes east 30 of the Atwoodtown Road right-of-way to a point apprommately four thousand four hundred 31 seventy (4,470) feet to the east, to the western boundary of such former alignment's intersection 32 w~th the access road (shown ~n Map Book 208, at page 90) connecting the former N~mmo 33 Parkway right-of-way to Sandbrldge Road (the "Leased Premises") The Leased Premises shall 34 be exclusive of a twenty (20)-foot-wide strip of the former Nlmmo Parkway alignment 35 ("Retmned Strip"), and the C~ty shall retmn the right of access to two ten (10)-foot-wide strips 36 ("Right-of-Access") along each side of the Retained Strip The Retained Strip and Right of 37 Access shall be for the purposes of(l) utd~ty construction and mmntenance; (2) construction and 38 mmntenance of a bike path, and (3) access 39 40 WHEREAS, the City Council has invited bids for such a lease and has duly advertised the 41 invitation for bids by public notice, 42 WHEREAS, the City Council received bids from the following: The United States of 43 America, through its Fish & Wildlife Service; and Timothy and Kathenne Cannon; 44 WHEREAS, the City Council has investigated and evaluated the bids, has publicized the 45 bids as well as a descriptive notice of this Ordinance, as proposed, and the Clerk has laid before 46 the City Council a certificate of due publication of the same once per week for four successive 47 weeks in a newspaper of general circulation in the City, exceeding notice requirements 48 prescribed by law, 49 WHEREAS, all respondent bids were delivered to the Mayor in open session on the day 50 and time named in the advertisement and summaries were read aloud, 51 WHEREAS, The United States of America, through its Fish & Wildlife Service has 52 submitted the highest bid from a responsible bidder for the award of such lease 53 WHEREAS, pursuant to Section 15.2-1800 of the Code of Vlrglma, the City Council has 54 held a public heanng regarding the proposed lease, 55 WHEREAS, in the opinion of the City Council, it is in the best interests of the City that 56 the lease should be granted to The United States of America; 57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA' 59 1 That The United States of America has submitted the highest bid from a responsible 60 bidder for the award of such lease 61 2. That the bid of The United States of America be, and it hereby is, accepted and that 62 the aforesaid lease be awarded to The United States of America, upon the conditions set forth in 63 the Invitation for Bids, including the General Terms of Lease set forth in Exhibit B to the 64 Invitation for Bids. 65 3 That the City Manager is hereby authorized to develop a lease consistent with the 66 terms of the Invitation for Bids and with the bid of The United States of America, with such 67 other revisions or modifications as may be deemed necessary and/or advisable by the City 68 Manager and may be approved by the City Attorney 69 70 Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the 28th day of 71 August, 2001 72 73 CA-8186 Item V-K. 2. - 32- ORDINANCES/RES OL UTION ITEM # 48581 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to AUTHORIZE the executton of the Employment Contract wtth the Ctty Manager for the term of December 2, 2001, to November 30, 2006 Vottng 10-1 (By Consen0 Councd Members Vottng Aye &nwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones,, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay Reba S McClanan Councd Members Absent None August 28, 2001 AN ORDINANCE APPROVING AN EMPLOYMENT CONTRACT FOR THE CITY MANAGER 10 11 12 13 WHEREAS, the existing contract between the City and the City Manager regarding his employment expires on November 30, 2001; and WHEREAS, the parties desire to extend that contract, with certain amendments, to November 30, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the employment contract between the City of Virginia Beach and the City Manager, for the term of December 1, 2001 to November 30, 2006, attached hereto, is approved and the Mayor is authorized to execute the contract on behalf of the City. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of August , 2001. CA8234 F' \DatakATYkOrdinkNONCODEkcitymgrcontract. ord. wpd August 23, 2001 R-1 APPROVED AS TO LEGAL SUFFICIENCY' ~ity Attor'ney' s~dfice EMPLOYMENT AGREEMENT This Agreement is entered into this day of ,2001 by and a between the CITY OF VIRGINIA BEACH, VIRGINIA, a mummpal corporation, hereinafter referred to as "C~ty" and JAMES K SPORE, hereinafter referred to as "Employee." WITNESSETH WHEREAS, by agreement dated November 12, 1991, the City of Virg~ma Beach employed James K Spore as its City Manager for a tem~ commencing November 25, 1991, and ending November 30, 1996, WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach continued the employment of James K. Spore as its City Manager for a term commencing November 25, 1996 and ending November 30, 2001; WHEREAS, the City wishes to continue the employment of James K. Spore as its City Manager; WHEREAS, James K Spore agrees to accept such continued employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment, NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I - Duties (a) Employee shall perform the functions and duties of the position of C~ty Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances (b) Employee shall perform such functions and duties in accordance with the policy and direction of the C~ty Councd (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. Article II - Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence December 1,2001, and end November 30, 2006 (b) Except as provided by Article III, below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however, that such termmatmn shall be in accordance with the prowslons of Article III below. (d) Nothing herein shall be deemed to hm~t the right of Employee to voluntarily resign; provided, however, that such resignation shall be in accordance with Article III below. Article III - Termination and Resignation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of th~s Agreement, he shall receive as severance pay an amount equal to twelve (12) months of his base salary. All other benefits hereunder shall cease as of the date of termination However, ~fEmployee is terminated for misfeasance, malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination. (h) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the C~ty mnety (90) days written not~ce of any such resignation; prowded, however, it ~s expressly understood that City Council may, in its sole d~scret~on, waive any or all of this mnety (90) day notice reqmrement. (c) In the event the City, at any t~me dunng the employment of Employee, reduces the salary or other fnnge benefits of Employee by a percentage greater than the percentage of any across-the- board reduction for all City employees, or refuses to comply with any other provisions of this Agreement benefitting Employee, or ~n the event Employee resigns following the request of a majority of the members of C~ty Council that he resign, then Employee may, at his optmn, be deemed to have been "terminated", and shall receive severance pay ~n accordance w~th Article II of th~s Agreement Article IV - Compensation Beginmng on December 1,2000, C~ty agrees to pay Employee for services rendered pursuant hereto an annual gross salary of One Hundred Sixty-Seven Thousand Two Hundred Dollars and E~ght Cents ($167,200 08), payable ~n ~nstallments at the same time and m the same manner as other C~ty employees are paid Such annual gross salary w~ll be ~ncreased annually by an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the C~ty agrees to contribute Eight Thousand F~ve Hundred Dollars ($8,500) per year as deferred compensation, for the benefit of Employee, to the International City Management Retirement Corporation Article V - Automobile Allowance In heu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary ~n the sum of F~ve Hundred Dollars (500 00) per month and in addition, Employee shall be reimbursed for business mileage at the same rate at which other CJty employees are reimbursed Smd sum for car allowance may be Increased from t~me to time by action of the City Council In consideration thereof, Employee shall prowde his own vehicle and shall be solely responsible for all fuel, maintenance, ~nsurance, and other expenses related thereto. Article Vl - Fringe Benefits (a) In addition to the Compensation set forth ~n Article IV and the Automobile Allowance set forth ~n Article V, the C~ty agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as promded all other City employees. (b) Employee shall receive fringe benefits such as annual leave, sick leave, life insurance, hospitalization, Virginia Retirement System, etc in accordance w~th existing Cfly pohc~es and ordinances as apphcable to all other C~ty employees. Nothing here~n shall be constructed to prevent changes ~n the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. Article VII - Hours of Employment It ~s recogmzed that the nature of Employee's position reqmres flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of C~ty Manager Article VIII - Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national, regional, state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employer to secure his attendance at professional meetings and conferences, as budgeted and approved by the C~ty Council. Article IX - General Business Related Expenses Except as specfficallyprovided ~n Articles V and VIII, the City agrees to reimburse Employee for job-related expenditures ~n accordance with exlshng C~ty policy. Article X - Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employee at least once each year. All aspects of such evaluation shall be treated confidenhally by the City and Employee subject to the provisions of the Freedom of Informahon Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as ~t may deem necessary, provided such terms and conditions are not inconsistent with the specific prowsions of th~s Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relahng to hm official duties within the scope of his employment, as ~s promded to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided, however, that should any such law or policy be so changed as to be ~nconsistent w~th the terms hereof, this Agreement shall be deemed amended so as to comply with such law or pohcy (e) The text herein shall constitute the entire Agreement between the part~es and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vtres, or otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall remmn ~n full force and effect. (g) This Agreement supersedes any other agreement between the part~es. IN WITNESS WHEREOF, the City of Virg~ma Beach has caused th~s Agreement to be executed in ~ts behalf by its mayor in accordance with an ordinance of the C~ty Council authorizing such execution, and Employee, James K. Spore, has executed th~s Agreement, both the day and year first above written. CITY OF VIRGINIA BEACH BY Mayor BY James K Spore City of Virginia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE (757) 422-0733 FAX. (757) 426-5669 August 28, 2001 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Vlrglma 23456 Dear Mrs. Smith: Re' Disclosure Pursuant to Section 2 1-639.14(G), Code of Virginia Pursuant to the Vlrglma Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: I am executing this written disclosure regarding City Council's discussion and vote on the lease of the Ferrell VII/Nlmmo Parkway right-of-way. . The nature of my personal interest is that I receive more than $10,000 annually in commissions from Prudential Decker Realty. Prudential Decker Realty markets homes ~n Lago Mar Phase 7, and the Ferrell VIUN~mmo Parkway right-of-way could provide more direct access from Lago Mar Phase 7 to Sandbndge o Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in a transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in transactions involving the lease of the Ferrell VII/Nlmmo Parkway right-of-way Accordingly, I respectfully request that you record this declaration in the official records of the City Council I have enclosed an op~mon letter from Leslie L Lflley, City Attorney, which addresses this same matter RD 31053 STREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- August 28,2001 Re: Disclosure Pursuant to Section 2 1-639 14(G), Code of Virginia Thank you for your assistance and cooperation in th~s matter. Sincerely, Councllmember RAW/RRI Enclosure City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 2345~9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 In Reply Refer To Our File No OP-713 August 28, 2001 Councflmember Rosemary A. Wilson Munimpal Center V~rg~nia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Wilson: I am writing in response to your request for an op~mon as to whether you are precluded from partimpating ~n C~ty Council's d~scuss~on and vote on the lease of the Ferrell VIl/N~mmo Parkway right-of-way. SUMMARY CONCLUSION From my review to the State and Local Government Conflict of Interests Act and the facts provided by you, I am of the oplmon that you are not precluded from pamclpat~ng ~n Cny Council's d~scuss~on and vote on the lease of the Ferrell VIVNimmo Parkway right-of-way. I base this conclusion on the following facts which you presented. Please review the facts, as you may rely on this opinion only to the extent that the facts are complete and accurate. Proud Rectptent of the 1998 U.S Senate Medalhon of Excellence for Producttvtty and ~Ouahty_ ~n the Pubhc Sector I Councdmember Rosemary Wdson -2- August 28,2001 FACTS PRESENTED You are a real estate agent affiliated with Prudential Decker Realty ("Prudential"). You are not a Prudential employee, and you receive no salary from Prudential. Rather, you are an independent contractor who receives a commission when homes for which you serve as an agent are sold. When a house for which you serve as agent is sold, a percentage fee is paid to Prudential, and you receive a portion of that fee in the form of a commission. You receive more than $10,000 annually ~n commissions from Prudential. Prudential is marketing new homes in Lago Mar Phase 7 ("Lago Mar"), but you have not listed nor sold any homes in Lago Mar properties. Lago Mar is connected to Sandbridge wa Sandbndge Road. The City owns a right-of-way (Ferrell VII/Nlmmo Parkway) which could provide more direct access from Lago Marto Sandbridge. City Council has never voted to construct the road, and in fact no road can be built without a permit from the Army Corps of Engineers. According to the City's Director of Planning, the Corps of Engineers likely will not issue the permit. Further, earher th~s year, City Council voted not to build the road, and it also declared the right-of-way to be excess property. Lago Mar has received all necessary City Council approvals and will be developed regardless of whether the road is built. According to the D~rector of Planning, the building of the road is unlikely to impact the value of the Lago Mar residential properties. ISSUE PRESENTED Does the fact that you serve as a Prudential real estate agent preclude you from participating in City Council's discussion and vote on the lease of the Ferrell VII/Nlmmo Parkway right-of-way? DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 et seq. of the Code of Virginia (1950) as amended. The primary focus of the Act is on the personal interests of an office or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member The first step in the Conflicts of Interest Act analysis is to determine if you have a personal interest in the conditional use permit apphcant. The Act provides. "Personal ~nterest" means a financial benefit or liablhty accruing to an officer or employee or to a member of his ~mmediate family. Such ~nterest shall exist by reason of 0) ownership in a business if the ownership interest exceeds three percent of the total eqmty of the business; (11) annual ~ncome that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (lil) salary, other compensatton, fnnge benefits, Councflmember Rosemary Wilson -3- August 28, 2001 or benefits from the use of property, or any combination thereof, paid or provtded by a business that exceeds, or may reasonably be anttctpated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, ~ncome, or salary, other compensation, fnnge benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business ~f the hability exceeds three percent of the asset value of the business. V~rgima Code § 2.1-639.2 (emphasis added). Pursuant to {}2.1-639.2 of the Act, a "personal interest in a transaction" exists when an officer or employee or a member of h~s immediate family has a personal interest in property or a business, or represents any ~nd~vldual or business and such property, business, or represented individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction. Because you receive more than $10,000 annually in commissions from Prudent~al, you have a personal ~nterest in Prudential. Given this personal interest, the next step ~n the conflicts analysis is to determine whether you have a personal interest in transactions before City Council concerning the lease of the Ferrell VII/Nimmo Parkway right-of-way. The first prong of the statutory definition of "personal interest in a transaction" ~s whether the bus~ness is the subject of the transaction. Prudential is not the subject of this transaction. The second prong of the statutory analysis is to determine whether, by wrtue ofPrudentml's marketing of new homes ~n Lago Mar, Prudential may realize a reasonably foreseeable direct or md~rect benefit or detriment as a result of City Council's consideration of the lease of the Ferrell VII/N~mmo Parkway right-of-way. Based on the statutory provisions and the facts you have provided, I conclude that it ~s not reasonably foreseeable that Prudential may realize a reasonably foreseeable d~rect or ~ndlrect benefit or detriment as a result of City Council's consideration of the lease of the Ferrell VIl/N~mmo Parkway nght-of-way. In addition to the fact that the D~rector of Planning has opined that the bmldlng of the road ~s unlikely to affect the value of the residential property at Lago Mar, it is h~ghly speculative whether the road even will be built. F~rst, the Corps of Engineers may or may not grant the permit necessary for the road to be built. Second, City Council may or may not rescind the ordinance declanng the right-of-way to be excess property. Thard, City Council may or may not vote to restore the road to the Master - 33 - Item V-K.3. ORDINANCES/RESOL UTION ITEM # 48582 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to declare EXCESS PROPERTY on a parcel of land on Muddy Creek Road, AUTHORIZE the Ctty Manager to execute a Land Exchange Agreement wtth the US Ftsh& Wtldhfe Servtce, and, APPROPRIATE $3,738 recetved from the US Ftsh& Wtldhfe for thts exchange tn connectton with the Sandbrtdge dratnage project (DISTRICT 7 - PRINCESS ANNE) Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba $ 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 None August 28, 2001 AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS, AUTHORIZE THE CITY MANAGER TO EXECUTE A LAND EXCHANGE AGREEMENT WITH U.S. FISH & WILDLIFE SERVICE, AND APPROPRIATE FUNDS RECEIVED FROM U.S. FISH & WILDLIFE SERVICE TO CIP # 7-144, SANDBRIDGE DRAINAGE IMPROVEMENTS WHEREAS, the City Councd of the City of Virginia Beach has authorized and funded CIP# 7-144, Sandbridge Drainage Improvements to alleviate flooding that occurs during moderate and severe rainfall events in the Sandbridge area ( the "Project"); WHEREAS, in order to complete the Project, the City must construct five drainage 5 outfalls on property currently owned by the U.S. Fish and Wildlife Service ("Fish & 6 Wddlife"); WHEREAS, Fish & Wildlife cannot sell its property outright or incur any net reduction in property value, thus necessitating a land exchange between Fish & Wildlife and the City of Virginia Beach (the "City") to acquire the property needed for the drainage 3.0 outfalls; 11 WHEREAS, the City acquired ownership of a certain parcel of real property containing approximately 0 54 acres, located on the east side of Muddy Creek Road in the 3.3 City of Virginia Beach, Virginia (the "City Property") by deed recorded ~n Deed Book 4284, 3.,[ at Page 1148 for purposes of the land exchange with Fish & Wildlife; 3.5 WHEREAS, the City Property will be exchanged for five parcels owned by Fish & Wildlife described as Parcels A, B, C, D, and E ( the "Federal Property"); 3.? 3.8 WHEREAS, in addition to acquiring the Federal Property, the City will receive an equalization payment from Fish & Wildlife ~n the amount of $3,738 as compensation for the z 9 d~fference in the appraised value of the City Property and the Federal Property; and 20 WHEREAS, the C~ty Councd is of the opinion that a public necessity exists for the 23. 22 construction of this important Project, that the improvements will prowde adequate drainage for the preservation of the safety, health, peace, good order, comfort and convenience, and for the welfare of the people of the City of Virginia Beach and to that 25 end, the City Property is in excess of the needs of the City of Virginia Beach and should be exchanged with the Federal Property. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Property described as GPIN 2410-99-8739, Lot 2, 0.54 Acres, 29 Subdivision of Levi Whitehurst Property and located on the east side of Muddy 30 Creek Road as shown on the drawing attached hereto as Exhibit A, is hereby 31 declared to be in excess of the needs of the City, and that the City Manager is 32 hereby authorized to utilize said C~ty Property for a land exchange with the U.S. 33 Fish & Wildlife Service for the acqu~sibon of the Federal Property shown on the 34 35 36 location plat attached hereto as Exhibit B. 2. That the City Manager is authorized to execute a Land Exchange Agreement 37 with the U.S. Fish & Wddlife Service in accordance with the attached Summary 38 of Terms and such other terms, conditions or modifications as may be 39 satisfactory to the City Attorney. 40 3. That the equalization payment received from the U. S. Fish & Wildlife Service as 41 part of the land exchange is to be appropriated to the Department of Public Works 42 CIP # 7-144 Sandbridge Drainage Improvements. 43 44 45 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of V~rginia Beach, Virginia, on the A~s~t ,2001. 28t~ day of CA-8180 PREPARED 07/24/01 Approved as to Content ~.' p~a ~'me n~t' of~-p u bf~li~'~orks Approved as to Content Departm~ Management Services Approved as to Legal Sufficiency City Attorne~ O0 © EXCESS CiTY PARCEL EXHIBIT A / / // N.T.S. / · / /- // // // 0 0 0 0 2420-0q-253¢ .,' il : It* 0 ., .-·., .: ~,.. · .,,.,...., ...,.,. · ........ .,........, ~ q FlqH ~\\ '.' :. ';: .' AND . .... ~," . '..~,:, ~.; ill WILDLIFE " ': P^~CELS ~.? · ' .-., ,'" ,' ~., ,," .," .. .. EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY LOCATED ON THE EAST SIDE OF MUDDY CREEK ROAD WITH FIVE U.S. FISH AND WILDLIFE SERVICE PARCELS LOCATED WEST OF SANDPIPER ROAD BETWEEN TUNA LANE AND PORPOISE LANE CITY PARCEL: FEDERAL PARCELS: SALE PRICE: GPIN 2410-99-8739, Lot 2, 0.54 Acres, Subdimsion of Lew Wh~tehurst Property. PARCEL A- GPIN 2433-27-3588, 6,000 sq. ft. PARCEL B- GPIN 2433-28-0814, 6,253 sq. ft. PARCEL C- 2433-18-8998, 5,567 sq. ft. PARCEL D- 2434-10-4097, 8,807 sq. ft. PARCEL E- 2434-10-3534, 7,626 sq.ft. This is a land exchange. CLOSING DATE: The standard provision ~n the Agreement allows for closing within six (6) months after the Land Exchange Agreement ~s fully executed. However, it ~s anticipated that closing will take place 60 - 90 days after the Agreement ~s fully executed. SPECIAL TERMS AND CONDITIONS: The U.S. Fish and Wddlife Service shall pay to the C~ty of Virginia Beach the sum of $3,738 as compensation for the d~fference between the appraised value of the C~ty parcel and the five federal parcels. The monies received by the City shall be appropriated to CIP # 7-144, Sandbndge Drainage Improvements. F \Users\VValldej\WP~ZA\usfw sum wpd - 34- Item V-K. 4. ORDINANCES/RES OL UTION ITEM # 48583 Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ordtnance to AMEND ~3~ 30-5 7, 30-59, and 30-60 of the Ctty Code re sod removal, land-dtsturbtng acttvtttes, requtrements for eroston and sedtmentatton control plans and tnspecttons, and, ADD "Responsible Land Disturber" definttton Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, .Ir and Rosemary Wtlson Councd Members Vottng Nay None Counctl Members Absent None August 28, 2001 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES, ADDING THE DEFINITION OF "RESPONSIBLE LAND DISTURBER," AND AMENDING THE REQUIREMENTS FOR EROSION AND SEDIMENTATION CONTROL PLANS AND INSPECTIONS SECTIONS AMENDED: 30-57, 30-59, AND 30-60 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 30-57, 30-59, and 30-60 of the City Code are hereby amended and reordained to read as follows: Sec. 30-57. Definitions. As used in this article, the followzng words and terms shall have the meanings ascribed to them in this sectzon, unless the context requires a different meaning- Responsible land dlsturber means an individual holdinq a 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 current Responsible Land Disturber Certificate or equivalent as determined by the State Department of Conservatzon and Recreation. Sec. 30-59. Approved plan required for issuance of grading, building or other permits; security for performance. (a) Prior to the issuance of any grading, building or other permit for activities ~nvolving land-d~sturblng activztzes, the applicant shall submit an application with an approved erosion and sediment control plan and certification that the plan will be followed. In additmon, as a prerequisite to approval of the plan, permit or agreement ~n lieu of a plan, the person responsible for carrying out the plan or agreements in lieu of a plan shall provide the name of a responsible land disturber, who will be in charqe of and responsible for carryinq out the land-disturbinq activity. (b) Prior to the issuance of any grading, building, or other permit for activities involving land-disturbing activities the director of planning shall require from the applicant therefor a reasonable performance bond with surety, cash escrow, letter of 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 credit, any combination thereof, or such other legal arrangement acceptable to the city attorney, to ensure that measures could be taken by the city at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him by the approved plan as a result of his land-disturbing activity. If the city takes such conservation action upon such failure by the permittee, the city may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within sixty (60) days of the achievement of adequate stabilization of the land-disturbing activity, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated. These requirements are in addition to all other provisions of law relating to the issuance of such permits and are not ~ntended to otherwise affect the requirements for such permits. Sec. 30-60. Monitoring reports and inspections of land-d~sturb~ng activities. (a) With respect to approved plans for erosion and sediment control and tree protection in connection with land-disturbing activities which involve the issuance of a grading, building or other permit, the director of planning or his designee shall (1) provide for periodic inspections of the land-disturbing activity, and require that a responsible land d~sturber will be in charqe of and responsible for carryinq out the land-disturbinq activity and (2) may require monitoring and reports from the person responsible for carrying out the plan, to ensure compliance with the approved plan and to determine whether the measures required ~n the plan are effective ~n providing for tree protection and controlling erosion and sediment. The owner, permittee or person responsible for carrying out the plan shall be given notice of the ~nspection. If the director of planning or his designee determines that there is 71 72 73 74 75 76 77 78 79 8O 81 82 83 a failure to comply with the plan, not~ce shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit applicatzon or in the plan certification or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activitzeso The not~ce shall specify the measures needed to comply with such plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article and, upon conviction, shall be subject to the penalties provided for by section 30-75. 84 85 86 87 88 89 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of August, 2001. CA-8167 PROPOSED/30-057etalord. wpd R2 - August 9, 2001 - 35 - Item V-K. 5. ORDINANCES/RES OL UTION ITEM # 48584 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Or&nance to AMEND 3~ 21-321 2 of the Ctty Code to maximize speed limits tn destgnated netghborhoods (a) Effecttve as of February 13, 2001 (1) L & J Garden Norwich Avenue Tajo Avenue Dulcte Avenue (2) Acredale Acredale Road Ohve Road Mtnden Road Old Kempsvtlle Road (3) Lake Shores Jack Frost Road Langston Road (4) Middle Plantation/Little Neck Harrts Road Bonneydale Road Burhngton Road Alton Road Fatrlawn Avenue Andover Road Rtttman Road Langston Road Old Kempsvdle Road (b)Effecttve as of Aiigiist 14, 2001 August 29, 2001 [Or&nance Revtsed to reflect thts date] (1) Lake Shores Oak Leaf Lane Regina Lane Mosby Road Charla Lee Lane (2) Brighton on the Bay Templeton Lane Wtvenhoe Way (3) Baylake Pines/Baylake Beach Ben Gunn Road In&an Htll Road Rampart Avenue Bayvtlle Road Sandy Bay Drtve (4) Country Haven Stewart Drtve Term Road Mere&th Road Frtzzel Drtve Smtth Farm Road Lake Road S School Road Ftnn Road Starr Way Baylake Road Lookout Road Vottng 1 I-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None August 28, 2001 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-321.2 OF THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS SECTION AMENDED' 21-321.2 10 11 12 13 14 15 16 17 18 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows' Sec. 21-321.2. Traffic Calming via Maximum speed limits in certain residential districts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non-prepayable fine of not more than $200, in addition to other penalties provided by 20 21 22 23 24 25 26 27 28 Effective as of February 13, 2001. 1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. 2. Acredale: Acredale Road; Bonneydale Road; Andover Road; Olive Road; Burlington Road; Rlttman Road; Minden Road; Alton Road; Langston Road; Old Kempsville Road. 3. Lake Shores: Jack Frost Road; Lake Shores Road. 4. Middle Plantation/Little Neck: Harris Road. 29 30 31 32 33 Effectzve as of August 29, 2001. 1. Lake Shores: Oak Leaf Lane; Tern Road; Lake Road S; Reqina Lane; Meredith Road; School Road; Mosby Road; Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. 34 35 36 37 38 39 2. Briqhton on the Bay: Templeton Lane~ Wivenhoe Way~ Start Way. 3. Baylake Pines/Baylake Beach: Ben Gunn Road~ Indian Hill Road~ Baylake Road~ Rampart Avenue~ Bayville Road~ Lookout Road~ Sandy Bay Drive. 4. Country Haven: Stewart Drive. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of August, 2001. CA-8029 F:\datakatykordinkproposedk21-321.2.additionsl.ord August 28, 2001 R6 Item V-K. 6. - 36- ORDINANCES/RES OL UTION ITEM # 48585 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to authorize a temporary encroachment to SONIC RESTAURANTS, INC. mto a portion of the rtght-of-way and City property (pump statton stte) at 3581 Holland Road adjacent to Rosemont Road (DISTRICT 3 - ROSE HALL The followtng con&ttons shah be requtrd Temporary encroachment shah be constructed and matntatned tn accordance with the laws of the Commonwealth, City of Vtrgtnta Beach, and tn accordance with the Ctty's spectficattons and approval Temporary encroachment shall termtnate upon nottce by the Ctty to the Grantee, and wtthtn thtrty (30) days after notice ts gtven the temporary encroachment must be removed from the encroachment area by the Grantee, and the Grantee shall bear all costs and expenses of such removal The Grantee shall tndemmfy and hold harmless the Ctty, 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 Nothtng heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied herein and to the hmtted extent specified herein, nor to permit the matntenance and constructton of any encroachment by any one other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The Grantee agrees that no open cut of the pubhc roadway wtll be allowed except under extreme ctrcumstances Requests for excepttons must be submttted to the Htghway Operattons Dtvtston of the Department of Pubhc Works for final approval The Grantee must obtain apermtt from the Development Servtces Center of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area Prtor to the tssuance ora rtght-of-way permtt, the Grantee must post a performance bond or other form of surety, approved by the Development Servtces Center of the Planntng Department, tn accordance wtth the engtneer's cost estimate The Grantee agrees to carry comprehenstve general habthty tnsurance not less than Ftve Hundred Thousand Dollars ($500,000 00) The Grantee assumes all responstbthttes and habthttes, vested or contingent, wzth relation to the temporary encroachment The Grantee shall connect wtth santtary sewer facthttes when they become avatlable, wtthtn the ttme sttpulated by the Ctty, and thatplans must be submttted to the Department ofPubltc Uttltttes for revtew August 28, 2001 -37- Item V-K. 6. ORDINANCES/RESOLUTION ITEM # 48585 (Continued) 10 11 12 The Grantee agrees to jack or bore proposed sewer hne under drtveways The Grantee must submtt, for revsew and approval, a survey of the encroachment area certfed by a regsstered professtonal engmeer or a hcensed land surveyor, and/or "as budt" plans of the temporary encroachment sealed by a regsstered professtonal engineer, f requtred by esther the Cst); Engtneer's office or the Engmeermg Dtvtston of the Department of Pubhc Utthtses The Csty, upon revocatton of such authortty and permtssson so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collecaon of local or state taxes, may requsre the Grantee to remove the temporary encroachment and, pendsng such removal the City may charge the Grantee for the use of the encroachment area the equtvalent of what would be the real property tax upon the land so occupted tf st were owned by the Grantee If such removal shall not be made wsthsn the ttme ordered heretnabove by thss Agreement, the Csty may smpose a penalty tn the sum of One Hundred Dollars ($100 O0) per day for each and every day that the temporary encroachment ss allowed to contsnue thereafter, and may collect such compensatton and penalttes tn any manner provsded by law for the collectson of local or state taxes Vottng 11-0 (By Consent) Counctl Members Vottng Aye Lsnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, 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 None August 28, 2001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF ROSEMONT ROAD AND, ALSO, INTO A PORTION OF AN EXISTING CITY PROPERTY (A PUMP STATION SITE) ADJACENT TO ROSEMONT ROAD BY SONIC RESTAURANTS, INC., AN OKLAHOMA CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Sonic Restaurants, Inc., an Oklahoma corporation, desires to construct and maintain a 1 1/2" sanitary sewer force main into the City's right-of-way located at Rosemont Road and, also, into City property (a pump station site) adjacent to Rosemont Road. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City's right-of-way and/or City property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sonic Restaurants, Inc., an Oklahoma corporation, its heirs, assigns and successors in title, is authorized to construct and maintain a temporary encroachment for a 1 1/2" sanitary sewer force main in the City's right-of-way and, also, on City property as shown on that certain plat entitled: "EXHIBIT PLAT FOR ENCROACHMENT AGREEMENT SERVICING PARCEL A-6-2 SUBDIVISION OF PARCEL A-6 RESUBDIVISION OF PERCY A. BRILL (M.B. 296, PGS. 81-82) FOR SONIC RESTAURANTS,INC., AN OKLAHOMA CORPORATION VIRGINIA BEACH, VIRGINIA", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria 39 40 41 42 43 44 45 46 47 48 49 contained in the Agreement between the City of Virginia Beach and Sonic Restaurants, Inc., an Oklahoma corporation (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Sonic Restaurants, Inc., an Oklahoma corporation and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, 28th A~t Virginia, on the day of , 2001. 50 51 52 53 CA#- FI~'I TKEN N\EN CR O a CH\SONIC, ORD R-1 PREPARED: 7/23/01 APPRO[V.~_D AS TO CONTENTS (./ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY A N D~--~ CITY ATTORNEY ' E LOCATION MAP SCALE: 1" = 1,600' i / I I I i I / / · I I I ! I'-. 0 I I I /) 0 ii II I I I I I I I I I I I I 0 I I · / / ! ! / / / / '" ~OCA~TIOP,I ~AP i:OR ~' SONIC RESTAURANTS, INC. 35gl HOI_LAND RD. ,~ (NEXT TO LsOcALWE..~'__S ,~HC)/ME CENTER),,,~_~~. ~t M.J.S. D',,DGN~I(ENNEDY. DGN PREPARED BY P/W ENG. DRAFT. 4/2A)1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3)AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this day of .~U~%/ , 20~ , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City" Grantor and SONIC RESTAURANTS, INC., an Oklahoma corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one) . W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Parcel A-6-2, a subdivision of Parcel A-6, which is a resubdivision of property of Percy A. Brill, and is located at 3581 Holland Road. Said property is shown on the plat recorded in M.B. 296, at Pages 81 and 82; and WHEREAS, it is proposed by the Grantee to construct and maintain a 1 1/2" Sanitary Sewer Force Main, a "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 an existing City right-of-way known as Rosemont Road, and also to encroach into a portion of an existing City property adjacent to Rosemont Road (a pump station site identified as GPIN: 1486-64-0059), the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within GPIN: 1486-64-2168 the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits 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 maintaining a 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 Virginia Beach, and in 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: "EXHIBIT PLAT FOR ENCROACHMENT AGREEMENT SERVICING PARCEL A-6-2 SUBDIVISION OF PARCEL A-6 RESUBDIVISION OF PERCY A. BRILL (M.B. 296, PGS. 81-82) FOR SONIC RESTAURANTS, INC., AN OKLAHOMA CORPORATION VIRGINIA BEACH, " Date: June 21, , VIRGINIA, 2001 Scale: 1" = 50', and prepared by The TAF Group, 100 Landmark Square, Virginia Beach, VA 23452, a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice 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 is 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 specified herein, nor to permit 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that, prior to the issuance of a right-of-way permit, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. The Grantee also agrees to carry comprehensive general liability insurance with limits of not less than $500,000.00. 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 Grantee connect with sanitary sewer facilities when they become available, within the time stipulated by the City, and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Grantee agrees to jack or bore proposed sewer line under driveways. 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 Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, 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 in any manner provided by law for the collection of local or state taxes; may require 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 if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, SONIC RESTAURANTS, INC., an Oklahoma corporation, the said Grantee has caused this Agreement to be executed in its corporate name and on its behalf by Stanley S. Jeska, Vice-President of Development, with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE Or ©~/~0~ CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~~ , 20 Q/ , by by Stanley S. Jeska, Vice-President of Development on behalf of SONIC RESTAURANTS, INC., an Oklahoma corporation. My Commission Expires ~N o~ary ~uD~lc DEPARTMENT Ap!~ROVED AS TO t.~G,-,L SUFFiC~ENCY "LOWE'S HOME STORE" ..---- NOW OR FORMERLY PARCEL A-6 PROPERTY OF L.C. REALTY, INC. (D.B. 3189, PG. 326) 1 1/2"SAN. SEWER FORCE NOW OR FORME PARCEL 2 iM B 187, Pc 24) L=39 22 ~ NOW OR FORMERLY VIRGINIA POWER (DB 1243, PG 559' ~0~. r ROA0 PARCEL A-6-2 44,818 SqFt 1 O29 AC. GPIN# 1486-64-2168 II II NOW OR FORMERLY PARCEL "B" (MB 154, PG 1) NOW OR FORMERLY CITY OF VIRGINIA BEACH (DB 1093, F'G 5) CONNECT TO EXISTING 4"GATE VALVE WITH 4"x 4"× 4" TEE GATE VALVE WITH 2" REDUCING FLANGE NOW OR FORMERLY PARCEL "A" (MB 154, PG 1) t.~t W. BRANCH 70© 0 THE //,, GROUP A~~E ~G~G CO~T~UCI%ON~ ~UBV~TGP& 100 ~D~ SQU~,'~RG~ B~CH, VA 23452 PHO~. (75~ 340-5055 * F~: (75~ 422-3790 TAF W222.27, T'" /TH ROs&~N~,T_rER~S_~CTioN "' ~OAD EXHIBIT PLAT FOR ENCROACHMENT AGREEMENT SERVICING PARCEL A-6-2 SUBDIVISION OF PARCEL A-6 RESUBDIVISION OF PERCY A BRILL (M.B. 296, POS. 81-82) FOR SONIC RESTAURANTS, INC., AN OKLAHOMA CORPORATION VIRGINIA BEACH, VIRGINIA D,o.,.: TJR Dot,: JUNE 21, 2001 s:o,,. 1 Checked TWB Proj No. 000861A No- - 38- Item V-K. 7. ORDINANCES/RES OL UTION ITEM # 48586 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to authorize the City to parttctpate tn the Statewide Mutual Aid Program re emergency atd and assistance tn the event of a major dtsaster tn accordance with set terms and condtttons Voting 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I4' Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Absent None August 28, 2001 AN ORDINANCE TO AUTHORIZE THE CITY OF VIRGINIA BEACH TO PARTICIPATE IN THE STATEWIDE MUTUAL AID PROGRAM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services, or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area; and WHEREAS, this Ordinance authorizes the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia among political subdivisions, other authorized entities, and officers within the Commonwealth; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council of the City of Virginia Beach shall have the authority to participate in the Statewide Mutual Aid Program in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances, or resolutions. This Statewide Mutual Aid Program may include requests for and provision of personnel, equipment, materials, and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS a. "EVENT AGREEMENT" - A contract between two (2) member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Requesting Party under the terms and conditions specified in the Agreement. b. "REQUESTING PARTY" - The member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this Ordinance. c. "ASSISTING PARTY" - The member political subdivision furnishing equipment, services, and/or manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Ordinance. d. "AUTHORIZED REPRESENTATIVE" - An officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this e. "DEPARTMENT" - The Department of Emergency Management. f. "EMERGENCY" - Any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. g. "DISASTER" - Any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. h. "IMPLEMENTATION GUIDEBOOK" - Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. i. "MAJOR DISASTER" - A disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. j. "MEMBER POLITICAL SUBDIVISION" - Any political subdivision or authorized officer or agency within the Commonwealth of 2 Ordinance. 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 Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Ordinance, authorizing Statewide Mutual Aid pursuant to Title 44 of the Virginia Code. k. "STATE EOC" - The Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources require supplementation. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster, and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. a. REQUESTS DIRECTLY TO ASSISTING PARTY - The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 for keeping the State EOC advised of the status of mutual aid activities. b. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC - The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. c. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE - When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment, and other assistance. d. SUPERVISION AND CONTROL - When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment, and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four (24) hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party 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 unless such notice is not practicable, in which case such notice as is reasonable shall be provided. e. FOOD, HOUSING, AND SELF-SUFFICIENCY - Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. f. COMMUNICATIONS - Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. g. RIGHTS AND PRIVILEGES - Whenever the officials, employees, and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such persons shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. h. TERM OF DEPLOYMENT - The initial duration of a request for assistance is normally seven (7) days and may be extended, if necessary, in seven (7) day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. i. SUMMARY REPORT - Within ten (10) days of the return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment, and materials provided by one party to the other. 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Ordinance shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. a. PERSONNEL - During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. b. EQUIPMENT - The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. If the equipment charges are based on a pre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. c. MATERIALS AND SUPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel, maintenance materials, labor, and supplies, which 6 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of the disaster. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. d. RECORD KEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal and State reimbursement. e. PAYMENT - Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. f. WAIVER OF REIMBURSEMENT - A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense, or use of personnel, equipment, and resources provided. SECTION 4. INSURANCE a. WORKERS' COMPENSATION COVERAGE - Each member political subdivision shall be responsible for its own actions and those of its 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 employees and is responsible for complying with the Virginia Workers' Compensation Act. b. AUTOMOBILE LIABILITY COVERAGE - Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit of at least one million dollars ($1,000,000) combined single limit and coverage for owned, non-owned, and hired vehicles, or maintain a comparable self-insurance program. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. c. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY - To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Ordinance. Each member political subdivision agrees to obtain general liability, public officials liability, and law enforcement liability, if applicable, with minimum single limits of no less than one million dollars ($1,000,000), or maintain a comparable self-insurance program. d. It is understood and agreed that a member political subdivision may meet the requirements of insurance coverage set forth in subsections a, b, and c of Section 4 through its self-insurance program as administered by the Risk Management Administration for the member political subdivision. 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdlvmsions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified ~n this Agreement, (2) keep a record of all Requests for Assmstance and Acknowledgments, (3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist particmpants zn meetzng all procedural and other requirements, including those pertaining to federal and State cost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER AGREEMENTS Should any portion, section, or subsection of this Ordinance be held to be invalid by a court of competent jurisdictzon, that fact shall not affect or mnvalidate any other portion, section or subsection; and the remaining portmons of this Ordinance shall remain in full force and effect without regard to the sectmon, portion, or subsection or power invalidated. In the event that any parties to this Ordinance have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless in conflict with this Ordinance in which case they are superseded by this Ordinance for the purposes of provision of mutual a~d pursuant to Title 44 of the Virginia Code. In the event that two (2) or more member political subdivisions have not entered mnto another agreement, and the parties wish to engage in mutual aid, then the terms and conditzons of this Ordinance shall apply between those parties. 294 295 Adopted by the Council of the City of Virginia Beach, Virginia, on this 28thday of Aught , 2001. 296 297 298 299 CA-8195 noncode/Statewidemutualaid, wpd R-2 August 8, 2001 300 301 302 303 304 305 APPROVED AS TO CONTENT: Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY' City Attorney' s Office 10 SUMMARY OF TERMS o Event Agreement - A contract between two (2) member pohtlcal subdivisions entered into a the time of emergency in which the assisting party agrees to provide specified resources to the requesting party under the terms and conditions specified in the agreement. . Requesting Party - The member pohtlcal subdivision requesting aid in the event of an emergency or disaster and participating in the Statewlde Mutual Aid Program pursuant to the terms and conditions of this ordinance. o Assisting Party - The member pohtlcal subdivision furnishing equipment, services, and/or manpower to the requesting party, and participating In the Statewlde Mutual Aid Program ("the Program") pursuant to terms consistent with those in this ordinance. o State EOC - The Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources require supplementation. This facility is operated by the Virginia Department of Emergency Management. o Nature - Allows the City of Virginia Beach to participate in the Statewlde Mutual Aid Program as either a requesting party or an ass~stlng party. In the event of an emergency, the City Manager would be able to make one phone call for assistance to the State EOC That department would coordinate the aid requests for personnel and material on behalf of the City The City Manager would still have the option of contacting a neighboring locahty directly to request emergency aid. o Term - Indefinite. However, no member political sub&vision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. Withdrawing the City's participation in the Statewlde Mutual Aid Program would merely require the revocation of this ordinance , Insurance - Insurance requirements are met through the City of Virginia Beach's self insurance program administered by Risk Management. o Reimbursable Expenses - The assisting party shall be reimburse by the requesting party for all direct and indirect payroll costs and expenses (including travel expenses, benefits and workers' compensation claims), equipment expenses, and expenses associated with other materials and supphes, unless agreed to otherwise by the parties in the Event Agreement F \Users\STs~outs\WP\WORK\Terms Mutual Aid wpd - 39- Item V-K.& ORDINANCES/RES OL UTION ITEM # 4858 7 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to APPROPRIATE $710, O00 from the General Fund to the Police Mounted Patrol facihty re purchastng property for a permanent locatton for the mounted patrol untt Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, 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 Wtlson Councd Members Vottng Nay None Counctl Members Absent None August 28, 2001 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE $710,000 OF FUND BALANCE FROM THE GENERAL FUND TO CIP PROJECT %3-432, POLICE MOUNTED PATROL FACILITY, TO PURCHASE PROPERTY FOR A PERMANENT LOCATION FOR THE MOUNTED PATROL UNIT WHEREAS, the Police Department has evaluated several properties in the City for a permanent location for the Mounted Patrol Unit, and has concluded that property at 2089 Indian River Road meets the needs of the Unit; and WHEREAS, current funding in CIP Project #3-432, Police Mounted Patrol Facility, is insufficient to purchase the desired property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $710,000 of fund balance is hereby appropriated from the General Fund to CIP Project #3-432, Police Mounted Patrol Facility, to purchase property for a permanent location for the Mounted Patrol Unit. Adopted by the Council of thCgCiLty^a ~ of Virginia Beach, Virginia, on the fSth of , 2001. CA8226 ordin/noncode/policemountord.wpd R2 August 13, 2001 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY- - 40- Item V-K. 9. ORDINANCES/RES OL UTION ITEM # 48588 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE the Local Law Enforcement Block Grant (LLEBG) of $262,350 from the Federal Bureau of Justtce Asststance to the FY2001-2001 operatmg budget re law enforcement and to TRANSFER $29,150from the General Fund Reserve for conttngenctes for the requtred grant matches. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 None August 28, 2001 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $262,350 GRANT FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE TO THE FY 2001-02 OPERATING BUDGET FOR VARIOUS LAW ENFORCEMENT PURPOSES AND TO TRANSFER $29,150 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR GRANT MATCHES AS THE CITY'S REQUIRED MATCH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, the City has been awarded a Local Law Enforcement Block Grant in the amount of $262,350 from the Federal Bureau of Justice Assistance to reduce crime and improve public safety; WHEREAS, the conditions of the grant require the City to provide a cash match in the amount of $29,150; and WHEREAS, a public hearing on the proposed uses of this funding has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $262,350 grant is hereby accepted from the Federal Bureau of Justice Assistance and appropriated to the FY 2001-02 Operating Budget, and $29,150 is hereby transferred from the General Fund Reserve for Contingencies for Grant Matches, to the departments and in the amounts as set forth below: (a) $19,500 to the Police Department to upgrade the video and audio recording equipment for three interview rooms in the Investigative Division; (b) $10,950 to the Police Department to purchase a saliva-based drug testing system; (c) $40,000 to the Police Department to purchase a mugshot module for criminal records management system; (d) $20,907 to Police Department to purchase six additional in-car camera systems for vehicles; (e) $102,160 to the Sheriff's Department to purchase 40 additional radios; (f) $12,150 to the Magistrate's Office to improve video conferencing capability; (g) $35,196 to the Department of Mental Health, Mental 37 38 39 4O 41 42 43 44 45 46 Retardation and Substance Abuses Services for the purchase of video conferencing equipment; (h) $26,050 to the General District Court to complete the backlog conversion of court records to document imaging; (i) $3,600 to the General District Court to provide judges access to local and State law enforcement databases; and (j) $20,987 to the Office of Community Corrections to provide clerical support. 2. That estimated revenue in the FY 2001-02 Operating Budget from the federal government is hereby increased by $262,350. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2~th day of A~gu~t , 2001. CA-8227 NoncodekLLEGB $262350.Ord.wpd August 15, 2001 R2 APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY' Ser City Attorne~/s Of fichU/ U.S. Department of Justice Office of Justice Programs Bureau of Justice ,4sststance FY 2001 Local Law Enforcement Block Grants Program For fiscal year (FY) 2001, Congress has appropriated $523 million for the continuation of the Local Law En- forcement Block Grants (LLEBG) Program, to be ad- mimstered by the Bureau of Justice Assistance (BJA), U.S Department of Justice. The purpose of the LLEBG Program is to provide funds to units of local govern- ment to underwrite projects to reduce crime and ~m- prove public safety. Program Eligibility and Distribution of Funds To be considered eligible for the LLEBG Program, a jurisdiction must be a general purpose unit of local gov- ernment.~The unit of local government must report, via its law enforcement agencies, to the Umform Crime Re- ports (UCR) Program of the Federal Bureau of Investi- gation (FBI). The LLEBG Program is a formula program based on a jurisdiction's number of UCR Part I violent crimes re- ported to the FBI. The formula is computed in two stages In the first stage, state allocations are proportionate to each state's average annual amount of UCR Part I violent crimes compared with that for all other states for the 3 most recent calendar years of data from the FBI. Each state, however, must receive a minimum award of 0 25 per- cent of the total amount available for formula distribution under the LLEBG Program. In the second stage, local awards are proportionate to each local jurisdiction's aver- age annual amount of UCR Part I violent crimes compared with that for all other local jurisdictions in the state for the 3 most recent calendar years. Jurisdictions reporting crime rates above the formula-based threshold of $10,000 are eligible for direct awards. The difference remaining between the state allocation and the local allocation total is awarded to a state ad- ministrative agency (SAA) designated by the Governor. The SAA has the option of distributing award funds to state police departments or units of local government not meeting the formula-based threshold of $10,000. Additional information about this portion of the funds is available from each state's respective SAA. Program Purpose Areas LLEBG Program funds must be spent ~n accordance with one or more of the following seven purpose areas: ca Supporting law enforcement: · Hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel. · Paying overtime to currently employed law enforcement officers and necessary support personnel to increase the number of hours worked by such personnel. · Procuring equipment, technology, and other material directly related to basic law enforce- ment functions. ca Enhancing security measures in and around schools and in and around other facilities or locations that the unit of local government considers special risks for incidents of crime. ca Establishing or supporting drug courts. Enhancing the adjudication of cases involving violent offenders, including cases involving v~olent juvenile offenders. Establishing a multijurisdictional task force, particularly in rural areas, composed of law en- forcement officials representing units of local government. This task force must work with federal law enforcement officials to prevent and control crime. Establishing crime prevention programs involving cooperation between community residents and law enforcement personnel to control, detect, or investi- gate crime or to prosecute criminals. Defraying the cost of indemnification insurance for law enforcement officers. Program Requirements The following requirements must be met prior to the obligation of LLEBG Program funds and prior to the Request for Drawdown (RFD) of funds. The RFD must be completed within 90 days of the posting of awards, or the funds will be redistributed in the following fiscal year. Advisory Board Each jurisdiction must establish or designate an advisory board to review the application. The board must be designated to make nonbind~ng recommendations for the proposed use of funds received under this program. The advisory board must include a member from each of the following local organizations: law enforcement agency, prosecutor's office, court system, school system, and a nonprofit group (e.g., educational, rehgious, community) active in crime prevention or drug-use prevention or treatment. Public Hearing Each jurisdiction must hold at least one public heating regarding the proposed use of funds prior to the obligation of funds. Jurisdictions should encour- age public attendance and participation. ta Matching Funds In each jurisdiction, LLEBG funds may not exceed 90 percent of total program costs. Program partici- pation requires a cash match that will not be waived. All recipients must maintain records clearly showing the source, amount, and t~ming of all matching contributions. c~ Trust Fund Each jurisdiction must establish a trust fund that may accrue interest in which to deposit program funds. Expenditure Period All federal funds, including interest, revenue, divi- dend, and match, must be spent within the 2-year expenditure period. Unspent funds must be returned to BJA within 90 days of program termination. Public Safety Officers' Health Benefits Provision Section 615 of the FY 1998 Appropriations Act requires a unit of local government to afford a pu. blie safety officer who retires or is separated from duty due to a personal line-of-duty injury, suffered as a direct and proxtmate result of re- sponding to a hot pursuit or an emergency situa- tion, health benefits at the time of separation that are the same as or better than those he or she received while on duty. To be eligible to receive the entire amount of award under the LLEBG Program, a unit of local govern- ment must be in compliance with this provision. If not in compliance, the unit will forfeit 10 percent of the eligible amount. Further information about this provision is provided on the LLEBG Internet-based application system, which may be accessed at www. oj p.usdoj .gov/BJA/html/llebg 1 .htm. Prohibition on Use of Funds LLEBG funds are not to be used to purchase, lease, rent, or acquire tanks or armored vehicles, fixed-wing aircraft, limousines, real estate, yachts, or any vehicle not used primarily for law enforcement. Nor are funds to be used to retain individual consultants or construct new facilities. Likewise, federal funds are not to be used to supplant state or local funds Rather, they are to be used to increase the amount of funds that would oth- erwise be available from state and local sources. Resolution of Funding Disparities The LLEBG Program provides resolution to potential funding disparities within jurisdictions. A state attorney general may certify that a disparity exists between or among jurisdictions. Those jurisdictions are then re- quired by statute to develop and submit joint applica- tions. BJA's role is limited to accepting state attorney general certifications and reviewing jointly submitted applications If the state attorney general chooses not to become involved in the disparate allocation certification process, there is no mechanism for BJA to intervene. All certifications must be submitted within given dead- lines, prior to BJA determination of annual award amounts. The LLEBG Program employs two criteria for deter- mining eligibility for disparity certification. First, an associated municipality's eligible funding amount must be greater (by set percentages) than the funding amount of the county. Second, the county must bear more than 50 percent of prosecution or incarceration costs arising from Part I violent crimes reported by an associated municipality. If there are multiple associated munici- palities, the county must also show that the funding al- locations to those municipalities is likely to threaten the efficient administration of justice. FY 2001 Application Process 4, . The FY 2001 application and award processes will be administered via the Internet-based Grants Management System. Application deadlines and other LLEBG Pro- gram dates will be established in accordance with sys- tem development efforts and will be posted on the BJA Web site. The application process will consist of the following steps: 1. BJA will notify units of government of their ehgibility and provide information on the Internet- based application system for the FY 2001 LLEBG Program. 2. State attorneys general will submit disparity certifications to BJA, if applicable. 3. As required by statute, chief executive officers (CEOs) will submit a copy of the application to the Governor or designated representative. CEOs will submit FY 2001 LLEBG applications via the Internet. Visit the BJA Web site for addi- tional guidance regarding the online submission of applications. BJA will make awards on a rolling basis, with all FY 2001 awards completed by September 28, 2001. Technical Assistance For a complete listing of technical assistance available under the LLEBG Program, visit www. ojp.usdoj.gov/ BJA/html/llta.htm. For Further Information To find out more about the Local Law Enforcement Block Grants Program or BJA's technical assistance ini- tiatives, contact the following offices: Bureau of Justice Assistance State and Local Assistance Division 810 Seventh Street NW. Washington, DC 20531 202-305-2088 Fax: 202-514-5956 World Wide Web: www. ojp.usdoj.gov/BJA Bureau of Justice Assistance Clearinghouse P O. Box 6000 Rockville, MD 20849-6000 1-800-688-4252 World Wide Web: www. ncjrs.org Clearinghouse staff are available Monday through Fri- day, 8:30 a.m. to 7 p.m. eastern time. Ask to be placed on the BJA mailing list. U.S. Department of Justice Response Center 1-800-421-6770 or 202-307-1480 Response Center staff are available Monday through Friday, 9 a.m. to 5 p.m. eastern time. Notes 1. Units of local government are counties, towns and townships, villages, cities, parishes, Indian tribes, Alaska Native villages, and parish sheriffs (in the state of Louisiana) that carry out substantial governmental duties. FS 000268 May 2001 I LLEBG Correspondence Handbook Page 1 of l Application Application Handbook FY 2001 Local Law Enforcement Block Grants Program Virginia Beach City, VA Award RFD Grant Changes Reports Correspondence Message Created' 01-AUG-01 New Mall Old Mail Sent Mail Send an Email Help/Frequently Asked Questions LLEBG Home Log-Off From: ojp@ojp.usdoj.gov CC: Subject: Award Approval Notification. Message: Congratulations~ Your Award for the FY 2001 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA) You have 45 calendar days from the date on your Award to review and accept' this Award. All Awards not accepted within this 45 day period w~ll be deobhgated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle. To accept your award, go to http'//grants ojp usdoj.gov:8OO31gmslplsqllllebg_login.llebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobligated and funds w~ll be redistributed among FY 2002 eligible applicants dunng the next LLEBG funding cycle. Again, please do not reply d~rectly to this message as your reply will not reach us. I https://grants~~jp~usd~j~g~v:8~~4/grns-user/~~~/~~ebg-app~sh~w-mai~?p-n~te=57587&p-bgid=3&p-active= 8/13/2001 I Award Overview Page I otl Apphcation FY 2001 Local Law Enforcement Block Grants Program Virginia Beach City, VA Award RFD Grant Changes Reports Correspondence Award Handbook Overview Review CEO Information Accept Award View Award Document Financial Institution Information - _ _ Overview The Award Tab allows you to accept your FY 2001 LLEBG Award. You are able to accept or decline your award and print the formal award documents for your records. To ensure that the jurisdiction and CEO information provided during the application process is current and accurate, please verify the information on the following screens. The award date of your FY 2001 award is 31-JUL-2001, and it is now ready for your acceptance. You have 45 calendar days to accept this award and 90 calendar days to complete the Request for Drawdown (RFD) process. FY 2001 LLEBG Award Information FY 2001 LLEBG Final Award Amount' *This amount reflects the final award amount for FY 2001 plus $ 262,350.00 any needed adjustment to lhe FY 2000 Award amount Matching Amount $ 29,150.0{~ Decline Award Help/Frequently Asked Questions Please click on the Continue button to review your CEO ~nformation, view the award documents, and accept the award. If you choose to decline your award, please skip to the Decline Award step on the left LLEBG Home Log-Off 8/13/2001 - 41 - Item V-K. IO. ORDINANCES/RES OL UTION ITEM # 48589 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED: Ordtnance to APPROPRIATE $43,700from the Inmate Telephone revenue to the Sheriff's FY 2001-2002 Operating Budget re two new positions to asstst wtth processtng and booktng of tnmates Vottng 10-1 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Council Members Vottng Nay Reba S McClanan Counctl Members Absent None Post-it® Fax Note 7671 Co/~t 0 Phone # Phone # Fax # .t~,~ - ,~'& ~O~ Fax # August 28, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO APPROPRIATE $43,700 OF ADDITIONAL INMATE TELEPHONE REVENUE TO THE FY 2001-02 OPERATING BUDGET OF THE SHERIFF'S OFFICE FOR TWO NEW POSITIONS TO ASSIST WITH PROCESSING AND BOOKING OF INMATES WHEREAS, the Virginia Beach Sheriff's Office has experienced tremendous increases in inmate population and a corresponding increase in the workload related to inmate processing; and WHEREAS, the Sheriff's Office proposes that $43,700 in anticipated additional revenue from inmate telephone charges be appropriated by City Council to provide for two new positions to assist with the processing and booking of inmates. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $43,700 in estimated revenue from inmate telephone calls is hereby appropriated to the FY 2001-02 Operating Budget of the Sheriff's Office to provide for two new positions to assist with the processing and booking of inmates. 2. That revenue sources in the FY 2001-02 Operating Budget of the Sheriff's Office is hereby amended to reflect an additional $43,700 in the Inmate Services Special Revenue Fund. 3. That the two new full-time positions (Clerk Typist I) are hereby added to the FY 2001-02 Operating Budget of the Sheriff's Office, but future appropriations to fund these positions are contingent upon sufficient revenue from incoming telephone calls. 4. That this ordinance and its provisions shall not take effect until September 1, 2001. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2$th day of A~£ , 2001. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Management S Approved As To Legal Sufficiency: City Attorr~y's Office CA8222 Noncode[Clerk Typist Positions (S&C).ord.wpd August 7, 2001 R1 Item V-K. 11. - 42 - ORDINANCES/RES OL UTION ITEM # 48590 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to TRANSFER $800,000 from Prtncess Anne Plaza dratnage-Phase II, and $11 O, O00 from SWM Master Planntng, Analysts, and Inventory to Fair Meadows dratnage re revised constructton costs Vottng 11-0 (By Consen0 Councd Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent None August 28, 2001 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO TRANSFER $800,000 FROM CAPITAL PROJECT %7-114, PRINCESS ANNE PLAZA DRAINAGE - PHASE II, AND $100,000 FROM CAPITAL PROJECT #7-027,SWM MASTER PLANNING, ANALYSIS, AND INVENTORY, TO CAPITAL PROJECTS #7-012, FAIR MEADOWS DRAINAGE; %7-001, CHESAPEAKE BEACH/ LAKE CHUBB; #7-018, LAKE JAMES; %7-181, POCAHONTAS VILLAGE; AND %7-021, GOODSPEED ROAD DRAINAGE, TO REFLECT REVISED CONSTRUCTION COSTS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, various capital projects in the Storm Water Capital Improvement program require additional funding in the total amount of $900,000, which reflects revised construction costs based on actual construction bids or revised designs that address needs or concerns raised by residents; and WHEREAS, sufficient funds from existing storm water capital projects are available to be transferred for these purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $800,000 is hereby transferred from Capital Project %7-114, Princess Anne Plaza Drainage - Phase II to the projects and in the amounts as set forth below, to fund revised construction estimates for the following Capital Projects: (a) $120,000 to #7-001, Chesapeake Beach/Lake Chubb; (b) $350,000 to %7-012, Fair Meadows Drainage; and (c) $330,000 to %7-021, Goodspeed Road Drainage. 2. That $100,000 is hereby transferred from Capital Project %7-027, SWM Master Planning, Analysis, and Inventory, to the projects and in the amounts as set forth below, to fund revised construction estimates for the following Capital Projects: (a) $50,000 to #7-018, Lake James; and (b) $50,000 to #7-181, Pocahontas Village. 35 3~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 2~th day of A~uu~t , 2001. 37 38 39 40 CA-8223 ordin/noncode/swuord.wpd R2 August 13, 2001 41 42 43 44 Approved as to Content- Manage~nt Services~~ APPROVED AS TO LEGAL SUFFICIENCY' Law Departme~ - 43 - Item V-K. 12. ORDINANCES/RES OL UTION ITEM # 48591 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Resolutton re admtntstrattve authortzatton of refunds of local taxes as prevtously dehneated by ~ 35 3 of the Ctty Code Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, I, Vtlham W Harrtson, Jr, 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, dr and Rosemary I~tlson Counctl Members Vottng Nay None Counctl Members Absent None August 28, 2001 10 11 12 13 14 15 16 17 18 19 20 21 Sponsored By Councilmember William W. Harrison, Jr. A RESOLUTION DIRECTING THAT REFUNDS OF LOCAL TAXES BE HANDLED ADMINISTRATIVELY AS AUTHORIZED BY AN EXISTING CITY ORDINANCE WHEREAS, for many years, the City Council has approved refunds of business license and real estate tax refunds; WHEREAS, preparation of the ordinances and associated paperwork required to place these refunds on the Council's agenda creates delays in citizens receiving tax refunds; and WHEREAS, an existing City ordinance, City Code section 35-3, provides an administrative process to refund erroneous local tax assessments that will decrease the time that citizens wait for refunds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Commissioner of the Revenue, the Real Estate Assessor and the Treasurer are hereby authorized and directed to utilize the provisions of City Code section 35-3 to handle administratively all cases in which a refund of a local tax is required. 22 23 24 25 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of Aafu~t , 2001. CA-8235 Ordin\NONCODE\Tax Refund.res.wpd R-1 August 23, 2001 28 29 3O APPROVED AS TO LEGAL SUFFICIENCY. City Attorney'~Office/w' - 44 - Item V-K. PLANNING ITEM #48592 1. SALEM WOODS CIVIC ASSOCIATION, IN. SUBDIVISION VARIANCE 2. SBA, INC. CONDITIONAL USE PERMIT 3. WILIAM G. LILLEY CONDITIONAL USE PERMIT 4. JEFFREY S. MURPHY CONDITIONAL USE PERMIT 5. WALTER D. ROBBINS CONDITIONAL USE PERMIT 6. FRANCES MOSCOPOLOS and THE RESERVE 2000, INC. CONDITIONAL CHANGE OF ZONING 7. NEW HA UCK DEVELOPMENT LLC CONDITIONAL CHANGE OF ZONING 8. ENOCH BAPTIST CHURCH MODIFICATION OF CONDITIONS CONDITIONAL USE PERMIT APPROVED 12/16/9 7) 9 CITY OF VIRGINIA BEACH AMEND the Ctty Zonmg Ordtnance (CZO) ~ 107 re crtterta for proffers AMEND the Ctty Zoning Ordtnance (CZO) Define "Truck" and "Trader" Redefine "Motor Vehtcle Sales and Rental" Add specific standards for Truck and Trader Rentals Establish "Truck and Trader Rentals" as a prtnctpal use tn the I-1 and 1-2 Industrtal Zoning Dzstrzcts Delete "Motor Vehtcle Sales and Rentals" tn the RT-2 and RT-3 Zomng Dtstrtcts August 28, 2001 - 45 - Item V-K. PLANNING ITEM #48593 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl APPROVED in ONE MOTION Items 2 (INDEFINITE DEFERRAL), 3, 8 and 9 of the PLANNING AGENDA Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 None Counctl Lady Parker ABSTAINED on Item 2 Counctl Lady Parker and her husband are owners of Parker Pools The apphcant ts the daughter of one of thetr chents August 28, 2001 - 46- Item V-K. 1. PLANNING ITEM g48594 Attorney Seymour M Teach, Esqutre, 1100 Granby Street, Norfolk, Phone 625-0747, represented the apphcant Vtctorta Wetbern and Coty Wtllburn, 4413 Lortng Road, Phone 474-9273, spoke tn OPPOSITION. Upon motton by Counctlman Man&go, seconded by Counctl Lady Eure, Ctty Counctl DEFERRED to the City Council Session of September 25, 2001, apphcatton of SALEM WOODS CIVIC ASSOCIA TION, INC. for a Vartance to 3~ 4 5 of the Sub&vtston Or&nance, whtch requtres pubhc sttes and open space for restdenttal sub&vtstons Appeal to Dectstons of Admtntstrattve Officers tn regard to certain elements of the Sub&vtston Or&nance, Sub&vtston of Salem Woods Ctvtc Association, Inc (GPI #1475-67-7605) Property ss located at the eastern extremtty of Lortng Road DISTRICT 2 - KEMPSVILLE The apphcant requests the recreattonal area destgnatton be removed and thts area be transformed tnto three (3) restdenttal lots at the east end of Lortng Road Thts DEFERRAL ss based upon the recetpt ora report wtth recommendattons from Parks' and Recreation relattve other stmtlar sttuattons concerntng open space of Ctvtc and Homeowner Assoctattons Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I9' Harrtson, dr, Barbara M Henley, Louts R dones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wilson Counctl Members Voting Nay None Counctl Members Absent None August 28, 2001 -47- Item V-K.2. PLANNING ITEM #48595 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED INDEFINITELY Or&nance upon apphcatton of SBA, INC., for a Condtttonal Use Permtt re a multtple use communication tower O~INANCE UPON APPLICATION OF SBA, INC FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TO WER Ordtnance upon apphcatton of SBA, Inc for a Conchttonal Use Permtt for a communtcatton tower on the south stde of Pungo Ferry Road 1469 70feet west of Prtncess Anne Road (GPIN #2309-51-0736 Satdparcel ts located at 2165 Pungo Ferry Road and contains 48 70 acres DISTRICT 7 - PRINCESS ANNE Vottng 10-0 (By Consen0 Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Abstatntng Nancy K Parker Counctl Members Absent None Counctl Lady Parker ABSTAINED on Item 2 Counctl Lady Parker and her husband are owners of Parker Pools The apphcant ts the daughter of one of thetr chents August 28, 2001 - 48- Item V-K.$. PLANNING ITEM #48596 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of WILLIAM G. LILLEY for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF WILLIAM G LILLEY FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT EXPANSION R08013068 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Wtlham G Ltlley for a Condtttonal Use Permtt for a borrow ptt expanston on the east stde of Oceana Boulevard, north of Credle Road (GPIN #2416-28-9567) Satd parcel ts located at 566 Oceana Boulevard and contatns 24 acres DISTRICT 6 - BEA CH The followtng condtttons shall be reqmred No excavatton or restoratton of the borrowptt expanston shall be allowed wtthout first obtatmng any necessary permtts from the approprtate federal, state, and local agenctes requtred as a result of the expanston of the extsttng borrow ptt operatton The apphcant shall obtatn a Non-Metalhc Mtneral Mtntng General Permtt from the Department of Envtronmental Quahty (DEQ) No excavation or restoratton of the borrow ptt shall commence unttl such ttme that a stte plan has been revtewed and approved by the Development Servtces Center Thts stte plan shall tnclude a spectfic street and htghway conttngencyplan that addresses the repatr and replacement of any damaged roadway surfaces assoctated wtth the borrowptt operation The stteplan shall also detatl the truck-watertng schedule uttltzed for the abatement of dust generated by thts operatton Ltmtts of excavation shall be as shown on the stte plan entttled "Proposed Borrow Ptt Expanston" by Gallup Surveyors and Engtneers dated September 18, 2000, except as modtfied below The area outstde the proposed Southeastern Parkway and Greenbelt rtght-of-way (the rtght-of-way being generally defined as the area between the western edge of the extstmg borrow ptt on the propert? and the eastern rtght-o_f-waY hne o_f Oceana Boulevard) shall be the_first area of the property excavated and shall be excavated begtnntng at the eastern end (farthest from the expressway rtght-of-way) and then movtng toward the western end (closest to the expressway rtght-o_f-way) b The proposed excavatton area wtthtn the proposed Southeastern Parkway and Greenbelt rtght-of-way shall not be excavated wtthout gtvtng one hundred and etght_y (180) days nottce to the Dtrector of Planntng Durtng the one hundred and etght_y (180) day pertod, the Ct_ty of Vtrgtnta Beach shall determtne whether the proposed excavatton area ts requtred _for roadway constructton purposes !f the area ts determined to be requtred, the Ctt_y shall acquire the area needed, compensattng the properS_ owner accor&ng to standardprocedures conststent wtth the laws provtded therefore !f the area ts determtned to not be requtred, the Dtrector of Planntng shall nott_~_ the apphcant that excavatton of the area may commence conststent with the condtttons of this condtttonal use permit August 28, 2001 - 49 - Item V-K.$. PLANNING ITEM #48596 (Continued) The stteplan submttted to the Development Servtces Center shall tn&cate the sequence of constructton for matntatntng 3 1 stde slopes on the borrow ptt, as shown tn the "typtcal cross sectton" on the stte plan referenced above Renewal of the con&ttonal use permtt ts requtred after a five (5) year pertod 6 The borrowptt wtll be operated tn a dust free manner No encroachments tnto extsttng easements wtll be allowed Access dratnage easements shall be provided by the apphcant over all outfall systems wtthtn thts stte No encroachment tnto natural drainage channels wtll be allowed 8 An excavatton permtt ts requtred 9 Ifdewatertng oftheptt ts necessary, thefollowtng are requtred 10 11 12 13 14 A dewatertng settlement bastn shall be constructed to capture sedtment before &scharge A permttfrom the Vtrgtnta Water Control Board ts requtred to dtscharge any water from dewatertng tnto a state waterway Pumps for dewatertng shall operate only between the hours of 7 O0 am and 7 O0 pm, Monday through Saturday No pumps shall operate on Sundays The operator of the borrow pit shall be responstble for conttnuous water servtce for the prtvate wells up to one thousand (1, O00) feet, and those wtthtn twenty-five hundred (2,500)feet, tf proved to be affected by thts operatton Water taken from the ptt shall be retained on the stte to the greatest extent practtcable A stx (6)foot berm planted wtth a row ofptnes and a row of wax myrtle shrubs, equivalent to Category IV landscaptng, shall be tnstalled along the street frontage of Oceana Boulevard The same landscaptng, wtthout the berm, shall be installed along the southern property hne from Oceana Boulevard to a &stance two hundred (200)feet from the easternmost extent of the expanded borrow ptt area This landscaptng shall be shown on the stte plan submitted for review by the Development Services Center Operattng hours shall be 7 O0 am to 7 O0 pm, Monday through Saturday No Sunday operatton shall be submttted Undratned pockets and stagnant pools resulting from surface dratnage shall be sprayed tn accordance wtth requirements of the state board of health to ehmtnate breeding places for mosquttoes and other tnsects Once excavatton ts complete, the excavated area shall be used and mamtatned as a lake A right turn lane must be constructed on Oceana Boulevard at the locatton of the extsttng entrance August 28, 2001 - 50- Item PLANNING ITEM #48596 (Continued) Thts Ordtnance shall be effecttve tn accordance with Sectton 107 O0 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Twen_ty-etghth of August, Thousand One Two Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R done& Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, gtce Mayor I~tlham D Sessoms, ,Ir and Rosemary Wtlson Counctl Members Vottng Nay' None Counctl Members Absent None August 28, 2001 - 51 - Item V-K. 4. PLANNING ITEM #4859 7 Jeffrey Murphy, 2249 Rocktngham Lane, Phone 430-8631, the apphcant represented htmself Upon motton by Councdman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of JEFFREY S. MURPHY for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF JEFFREY S MURPHY FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR ESTABLISHMENT AND BULK STORA GE (VEHICLES) R08013069 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Jeffrey S Murphy for a Condtttonal Use Permit for an auto repair estabhshment and bulk storage (vehtcles) on the west side of Htghway Lane, 150feet more or less south of Vtrgmta Beach Boulevard (GPIN #2407-65-8628) Satd parcel ts located at 233 Htghway Lane and contatns 37,160 square feet DISTRICT 6 - BEACH The followtng condtttons shall be reqmred All automottve repatr and patnttng shall take place tnstde the butldtng All doors to the repatr and patnttng portton of the butldtng shall be kept closed except when vehtcles are entertng or leavtng the butldtng A butldtng permtt shall be obtatned for and all necessary tnspecttons shall be conducted on the patnt booth or automottve patnttng area tn the butldtng tn accordance wtth the Uniform Statewtde Butldtng Code The butldtng wall parallel to the restdenttal chstrtct to the south shall be retrofitted wtth matertals to insure a sound transmtsston rattng of forty-five (45) or greater All requtredpermtts shall be obtamed wtthm ninety (90) days of approval of the Conchttonal Use Permtt No wrecked or tnoperattve vehtcles are to be stored on the stte wtthout a vahd servtce ttcket outhntng the work to be performed and date for whtch the project ts promtsed to the customer All cars watttng for servtce, wtth obvtous body damage, shall be stored tn the fenced compound There shall be no outstde storage of equtpment, parts, or used ttres All junk, debrts, parts, old ttres, or other dtscarded ttems shall be removed from the stte before the tssuance of a Certtficate of Occupancy The parktng area and access to the stte shall conform to all requtred ordmances and codes tn effect The buffertng between the site and the restdenttal dtstrtct shall comply wtth Category lVscreemng, tn addttwn to the extstmgfencmg 7 Foundatton screentng shall be added to the front of the butl&ng The hours of operatton shall be Monday through ,.%-May, Saturday, 800 am to 530pm ,,,,, o,,,,,,,,y, ~-uu am ,,,,~' ....... o~z,,'- J -~ e ..... ,,, There shall be no Sunday operattng hours 9 Approval ts for a pertod of one (1) year August 28, 2001 - 52 - Item VoK. 4. PLANNING ITEM #4859 7 Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twenty-eighth Of August, Thousand One Two Vottng 9-2 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay Reba S McClanan and Nancy K Parker Counctl Members Absent None August 28, 2001 Item V-K-$ - 53 - PLANNING ITEM #48598 Wtlham Verebely 220 Dunbarton Drtve, Chesapeake, Phone, 424-4351, Archttect Agent for the apphcant Robert Pawl, 701 Woodstock Road, representtng Woodstock Ctvtc League and Chatrman of the Woodstock Envtronmental Commtttee, expressed concern as the property ts bordering wetlands Upon motton by Counctl Lady Eure, seconded by Counctlman Branch, Ctty Counctl DEFERRED to the Ctty Counctl Sesston of September 25, 2001, Ordtnance upon apphcatton of WALTER D. ROBBINS for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF WALTER D ROBBINS FOR A CONDITIONAL USE PERMIT FOR A MINI- WAREHO USE FA CILITY Ordtnance upon apphcatton of Walter D Robbtns for a Condtttonal Use Permtt for a mtnt-warehouse facthty on the north stde of Provtdence Road, west of Woodstock Drtve (GPIN #1456-64-2260) Satd parcel ts located at 5950 Provtdence Road and contains 4 39 acres DISTRICT 1 CENTER VILLE Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, 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 Abstatntng Reba S McClanan Counctl Members Absent None Counctl Lady McClanan ABSTAINED as the apphcant has been a chent of her husband's tn the past August 28, 2001 - 54 - Item V-K. 6. PLANNING ITEM#48599 Attorney R E Bourdon, Pembroke One Ftfth Floor, Phone 499-8971, represented the apphcant Upon motton by Councilman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED an Ordinance upon apphcatton of FRANCES MOSCOPOLOS and THE RESERVE 2000, INC., for a Condtttonal Change of Zontng ORDINANCE UPONAPPLICA TION OF FRANCES MOSCOPOLOS AND THE RESERVE 2000, INC, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7 5 RESIDENTIAL DISTRICT TO CONDITIONAL A- 12 APAR TMENT DISTRICT WITHA PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT Z08011208 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Frances Moscopolos and The Reserve 2000, Inc, for a Change of Zonmg Dtstrtct Classtficatton from R-7 5 Restdenttal Dtstrtct to Condtttonal A-12 Apartment Dtstrtct with a PD-H2 Planned Unit Development Dtstrtct on the west stde of Wttchduck Road, 420feet more or less north of Wttchduck Court (GPIN #1467-99-2254) The proposed zontng classtficatton change to Condtttonal A-12 wtth a PD- H2 Dtstrtct Overlay ts for multt-famtly land use at a density no greater than 12 dwelhng umtsper acre The Comprehenstve Plan recommends use of thtsparcel for a suburban restdenttal/low denstty use tn accordance wtth other Plan pohctes Satd parcel contatns 12 acres DISTRICT 4 - BA YSIDE The followtng con&ttons shall be required The apphcant shall preserve, to the greatest extent posstble, those extsttng mature trees along the northern property hne and along both the north and south stdes of the proposed Baker Road Extended ahgnment Any mature trees that are damaged as a result of the constructton acttvtty shall be replaced wtth hardwood, canopy trees at a cahper of two (2) to two and one- half(2-1~2) inches A Landscape Plan shall be submttted to the Planntng Department durtng the final stte plan revtew and shall be prepared tn accordance wtth the requtrements set forth tn Ctty Ordtnances 3 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Cay of Vtrgtnta Beach, Vtrgtnta, on the Twent¥-etghth of August. Two Thousand One Vottng 10-1 Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, 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 Reba S McClanan Counctl Members Absent None August 28, 2001 City of Virginia Beach IgrE£-0FFI¢[ ¢OR£ESPOIq~F. hlCF. In Reply Refer To Our File No. DF-5371 DATE: August 17, 2001 FROM: DEPT: TO: Leslie L. Lilley _ DEPT' City Attorney B. Kay Wilso~ RE: City Attorney Conditional Zoning Application Frances Moscopolos and The Reserve 2000, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 28, 2001. I have reviewed the subject proffer agreement, dated February 12, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY ~URDON & AHF..RN P C ATTORN~IS AT LAW FRANCES MOSCOPOLOS THE RESERVE 2000, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 12th day of February, 2001, by and between FRANCES MOSCOPOLOS, party of the first part, Grantor; THE RESERVE 2000, INC., a Virginia corporation, party of the second party, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 12.0 acres as more particularly described in Exhibit "A' attached hereto and incorporated herein by this reference which parcel is herein referred to as the "Property"; and WHEREAS, the party of the second part as contract purchaser of the Property has, along with the party of the first part, initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 to A-12 with a PD-H2 Overlay; and WHEREAS, the Grantee's policy is development of land for various purposes development legislation; and to provide only for the orderly through zoning and other land WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the GPIN: 1467-99-2254 D BY area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-IR Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the ~CONCEPT PLAN MOSCOPOLOS PROPERTY for McQ Builders & Developers, Inc.", prepared by PORTERFIELD DESIGN CENTER, landscape architect, dated 1-23-01 (~Concept Plan~), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of PREPARED BY SYKES. CARNES, JRDON & AHE:RN. P C tTTORNE~g AT LAW vehicular circulation, parking, buffering, landscaping, tree preservation, building location, building orientation, and recreational amenities to better foster a sense of community. 2. When the Property is developed, the party of the second part shall dedicate to the Grantee the 70' fight of way section for Baker Road substantially as depicted on the Concept Plan. The party of the second part shall also construct roadway and associated improvements for two (2) lanes of Baker Road across the dedicated right of way, including intersection improvements at Witchduck Road. 3. Vehicular Ingress and Egress shall be limited to one (1) entrance on each side of Baker Road with median break from Baker Road. The party of the second part shall install both riEht and left turn lanes on Baker Road of 150 feet in length with additional 150 foot transition/taper sections. 4. A passive recreational area and one (1) swimming pool serving the residents shall be constructed in the areas depicted on the Concept Plan. 5. All landscaping and fencing along Witchduck Road and Baker Road as well as the landscaped entrance features with a monument style signs shall be substantially as depicted and described on the Concept Plan. 6. The architectural design and exterior building materials of the residential buildings will be as depicted on the exhibits entitled "Concept Elevations MOSCOPOLOS PROPERTY For McQ Builders and Developers", prepared by Porterfield Design Center, "Model 1: Witchduck Woods For: McQ BUILDERS" and "Model 2: Witchduck Woods For: McQ BUILDERS", prepared by Reich Design Associates, P.L.C. (collectively the ~Elevations"). The Elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Departm~ ~ent of Planning. The colors used may vary from those on the exhibits but all will be earth tones. 7. The total number of living units permitted to be constructed on the Property shall not exceed one hundred one (101). 8. Further conditions may be required by the Grantee during detailed ,ZD BY RNE:S IIE;RN. P C AT LAW Site Plan review and administration of applicable City Codes by all cogxfizant City aEencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and ~llowed and accepted by the Grantee as part of the amendment to the Zonin§ Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zonin§ Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of VirEinia Beach, VirEinia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writ/nE as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearin§ before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1} The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of VirEinia Beach, Vir~nia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to brinE legal action or suit to insure compliance with such conditions, includin§ mandatory or prohibitory injunction, abatement, dama§es, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits 4 PREPARED BY · I'K ES CARNE~, URDON & .4J*i~RN. P C &'I'FORN~I'~ AT lAW as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pubUc inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. iD BY tF.,RN, P C WITNESS the following signature and seal: GRANTOR: Frances Moscopolos STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~' May, 2001, by Frances Moscopolos. Grantor. Notary P~~ My Commission Expires: ~1/0 ~ day of 6 WITNESS the following signature and seal: GRANTOR: Frances Moscopolos STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this May, 2001, by Frances Moscopolos. Grantor. Notary My Commission Expires: ~'//) ~ day of 6 PI~EPARED BY ~JR, DON& AHERN. P C t'[W'O~EY$ AT WITNESS the foUowing signature and seal: GRANTOR: Th ~~ Inc.,~ia corporation Y::~' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: e foregoing instrument was acknowledged before me this /'~ day of .... ~,~.:, 2001, William d. Davenport, III, President of The Reserve 2000, Inc., a Virginia corporation. My Commission Expires: [~.~[/O~"- 7 RED BY ~'S AT LAW EXHI~tlT "A' All that certain tract or parcel of land situated in the City of Virginia Beach (formerly the County of Princess Anne), Virginia, about one mile northwardly from Euclid Station, bounded and described as follows: Beginning at an oak on the westerly side of the Bay Side Road and running thence N. 85 degrees W. 368 feet to an Oak; thence N. 88 degrees W. 379 feet to a Gum; thence N. 67 degrees W. 427 feet to an iron pin in oak stump; thence North 74 degrees E. 1391 feet along a line of gum trees to a post; thence S. 63 degrees E. 279 feet to a maple on the Westerly side of the said Bay Side Road; thence along the westerly side of the said Bay Side Road S. 54 degrees W. 310 feet to a point; thence S. 36 degrees W. 340 feet to an Oak, the point of beginning; containing 11.14 acres, more or less, it being understood and agreed that the said land is sold in gross and not by the acre, according to a plat recorded in Map Book 8, Page 96. Less and except that portion of the property conveyed to the Commonwealth of Virginia for Highway purposes recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia on October 24, 1980, in Deed Book 2059, at Page 480. GPIN: 1467-99-2254 CONDREZN/RESERVE/PROFFER - 55 - Item V-K. 7. PLANNING ITEM #48600 Don MacLennan, Langley and McDonald, 309 Lynnhaven Parkway, Phone 463-4306, represented the apphcant Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of NEWHA UCK DEVELOPMENTLLC for a Condtttonal Change of Zonmg ORDINANCE UPON APPLICA TION OF NEWHA UCK DEVELOPMENT LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM R- 7 5 and A-12 TO CONDITIONAL R-SS Z08011209 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Orchnance upon apphcatton of New Hauck Development LLC for a change of Zontng Dtstrtct Classtficatton from R- 7 5 Restdenttal Dtstrtct and A- 12 Apartment Dtstrtct to Condtttonal R-5S Restdenttal Stngle Famtly Dtstrtct on certatn property located on the east stde of Lawrence Drtve begtnmng at a potnt lOO feet south of Lynnbrook Landing (GPIN #1468-51-9563, #1468-61-6206, #1468-61-4249) The proposed zomng classtficatton change to R-SS ts for stngle famtly restdenttal land use wtth lots no greater than 5,000 square feet per lot the Comprehenstve Plan recommends use of thts parcel for suburban restdenttal/low denstty use tn accordance wtth other Plan pohctes Satd parcel contatns 4 755 acres DISTRICT 4 - BA YSIDE The followtng conchtton shall be reqmred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Thts Ordtnance shall be effecttve tn accordance wtth Section 107 (/) of the Zomng Ordtnance Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Twent_¥-etghth O£ AUgUSt, Two Thousand One Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ 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 None August 28, 2001 - 56- Item V-K.& PLANNING ITEM #48601 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd MODIFIED CONDITIONS NOS. 1, 2, 6 of the Ordtnance upon apphcatton of ENOCH BAPTIST CHURCH on a Condtttonal Use Permtt (approved December 16, 1997) Ordtnance upon apphcatton of Enoch Bapttst Church for a Modtficatton of Condtttons placed on the apphcatton for a Condtttonal Use Permit for a church on December 16, 1997 Property ts located at 5641 Herbert Moore Road (GPIN #1468-24-1134) DISTRICT 2 - KEMPSVILLE MODIFIED: Development of the stte shall be tn substanttal conformance wtth the stte plan entttled "Stte Plan, Enoch Bapttst Church," by Gallup Surveyors and Engmeers, dated May 15, 2001 whtch has been exhtbtted to Ctty Councd and ts on file wtth the Planntng Department The plan must be revised to remove the stockpde area shown tn the southeast corner and add a note that trees are to be protected tn thts area Further revtstons to the plan may also be necessary to comply wtth stte plan requtrements 2. MODIFIED: Archttectural destgn, colors, and matertals shall match those tdenttfied on the elevattons entttled "Enoch Bapttst Church - Phases I & II," by Andret T Banks, whtch have been exhtbtted to Ctty Councd and are on file wtth the Planning Department If the apphcant chooses to construct a freestandtng stgn, tt must be monument style, no taller than etght (8)feet, and constructed wtth a brtck base that matches' the budding Cleartng of understory growth wtthtn the eastern and southern buffers shall be performed by hand No trees wtth a cahper larger than four (4) tnches shall be removed tn these areas A fifteen (15)-foot buffer shall be preserved on the western border of the property Category IV landscaptng shall be tnstalled wtthtn this buffer area, modtfied as necessary to comply with any hetght hmttattons tmposed by Vtrgtnta Power MODIFIED Road tmprovements for Herbert Moore Road shall consist of City standard curb, gutter, stdewalk, and dratnage facthttes for the area frontmg the subject property Pavement wtdth of the road tn thts area must be a mtntmum of fifteen (15) feet The mtntmum front yard setback shall be measured from the ulttmate rtght-of-way hne for Moore's Pond Road (Herbert Moore Road) Vottng 11-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, 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 Wilson Councd Members Vottng Nay None Councd Members Absent' None August 28, 2001 City of Virginia Beach In Reply Refer To Our File No. DF-5396 DATE: FROM: August 17, 2001 TO: Leslie L. Lilley DEPT: City Attorney B. Kay Wilsonq~ DEPT: Conditional Zoning Application New-Hauck Development, L.L.C. City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 28, 2001. I have reviewed the subject proffer agreement, dated June 21, 2001, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AGREEMENT THIS AGREEMENT is made this 21st day of June, 2001, by and between GARY BUILDERS, a Virginia corporation ("Gary") and GARY B. COLLIER and DORIS S. COLLIER, husband and wife ("Collier"), hereinafter collectively called "Grantor" and NEW- HAUCK DEVELOPMENT, L.L.C., a Virginia limited liability company (the "Applicant"), both Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinai~er called "Grantee". RECITALS: R-I. The Grantor is the record fee simple owner of the property (the "Property") located in the Bayside District, City of Virginia Beach, Virginia and described in Exhibit "A" attached hereto and incorporated into this Agreement. R-2. Applicant has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of a portion of the Property from R-7.5 Residential and A-12 Apartment to Ro5S Residential District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Breach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. R-4. The Grantor and the Applicant acknowledge that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-5S are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-5. The Grantor and Applicant have voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-5S zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. Prepared by Harry R. Purkey, Jr., P.C. GPINS: 1468-51-9563 1468-61-6206 1468-61-4249 R-6. The conditions outlined in this Agreement have been proffered by the Grantor and the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; 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 of Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee, in writing, as evidenced by a certified copy of the 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. WITNESSETH: NOW, THEREFORE, the Grantor and the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily, without requirement by or exaction from the Grantee 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor and the Applicant, their successors, personal representatives, assigns, grantees and other successors in interest or title. 1. The preliminary plan submitted by the Grantor and the Applicant to the Department of Planning with this Agreement and entitled "Conditional Rezoning Exhibit of Newsome Farm", dated June 22, 2001 (the "Plan") is incorporated herein by reference and forms a part of this Agreement and shall be substantially adhered to in the development of the Property. 2. In addition to the standard city landscaping required for this subdivision, one shade tree and one flowering tree will be provided with each building lot. Trees and shrubs will also be provided around each side of the structural stormwater management facility. 3. Exterior building materials utilized in the construction of single-family homes to be constructed shall consist of upgraded vinyl with vinyl or brick accents and trim and vinyl clad windows. In addition, on each side of the proposed street to be constructed, the same front building elevation shall not be used more frequently once than every third lot on that side of the street. 4. Open space will be maintained by a homeowners' association of which membership shall be mandatory. The homeowners' association shall have an architectural review function. 5. Single story dwellings shall have a minimum of 1000 square feet of living space and split level and two story dwellings shall have a minimum of 1200 square feet of living space. In computing such square footages, garages, steps, stoops, breezeways, porches and patios shall be excluded from such calculations but all unfinished areas designed for living space (such as unfinished bedrooms and the like) shall be included in such calculations. 6. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 7. The Grantor and the Applicant covenant and agree that: a. 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 and restrictions including the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suite or proceedings. b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. c. 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 the governing body of Grantee for the review of such decisions prior to instituting proceedings in court. d. The Zoning Map shall show, by an appropriate symbol on the Map, the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be 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. SIGNATURE LINES ON FOLLOWING PAGE WITNESS the following signatures and seals: GARY BUILDERS, INC., a corporation Title: :>lq e_.q i~ e-~x~' Virginia (SEAL) STATE OF,V~R. QIN~. A CITY OF 'Q~^r,J Ma ,~ ~ , to-wit; I.. ~,,~-o ~hc~-~' ~~cU ~ ~ ,a No~ Public ~ ~d for ~e Ci, ~d State aforesaid, 'do hereby cedi~ that ~~ ~'.~~ ~ , ~~~~% of Ga~ Builders, Inc., a Virginia co~°ration, ~c~owie~ged ~e sine before me in my s~d Ci~ ~d S~te, on behalf of s~d co~omtion. No~ Public - x~ly commission expires: SIGNATURE LINES CONTINUED ON FOLLOWING PAGE (SIGNATURE LINES CONTINUED FROM PREVIOUS PAGE) X~--' ~Z~f~e~/~~~_~ ( S E A L ) -~ B~ier ~Zi~r~<::~:~_ ~_/~ (SEAL) Doris S.~ol~~--L'- STATE OF VIRGINIA CITY OF ~ v~'c,~,~'~ o~ ~ ~'~ , to-wit; 0 -- I, ~,-['tc~"L-~.,~ I'~ ~a-ot'~4.e3~J ,a Notary Public in and for the City and State aforesaJ-d;'do herebyc~rtify that Gary B. Collier and Doris S. Collier has acknowledged the same before me in my said City and State. Notar3J Public 4czy commission expires: E 3 SIGNATURE LINES CONTINUED ON NEXT PAGE SIGNATURE LINES CONTINUED FROM PREVIOUS PAGE By: NEW-HAUCK DEVELOPMENT, L.L.C., a Virginia limited liability company .(SEAL) Charlotte N. Hauck, Manager STATE OF,V/IRGINIA CITY OF [///- c~.//,n ~a'~qC;~b/ , to-wit; I, ~)'~,~.~A. y' ~. ~ ~:~C (_ ,a Notary Public in and for the City and State aforesaid, do hereby certify that Charlotte N. Hauck, Manager of New-Hauck Development, L.L.C., a Virginia limited liability company, has acknowledged the same before, me in my said City and State, on behalf of said company. My con)mis, sion expires: ~v ~/21/01 Network/Agreements/Gary Budders - New Hauck EXHIBIT "A" PARCEL ONE- Owned by Gary Builders, Inc. ALL THAT certain piece and parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel A", as shown on that certain plat entitled, "Subdivision of Amended Plat of Parcel A, Subdivision of Lynnbrook Landing, Section 3-A", made by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 227, at page 67. PARCEL TWO - Owned by Gary Builders, Inc. ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated as Site 7, as shown on that certain plat entitled, "Survey of Tract 1, Tract 5 and a Portion of Tract 2 of Newsome Farm (recorded in D.B. 59, P. 48), Bayside Magisterial District, Princess Anne County, Virginia", dated October 10, 1960, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 51, at page 50. LESS AND EXCEPT that portion of Site 7 now known as Site A and Site B, which was subdivided by a certain plat entitled, "Subdivision of Part of Site 7, Newsome Farm", which said plat is duly recorded in the aforesaid Clerk's Office in Map Book 66, at page 14. PARCEL THREE - Owned by Gary B. Collier and Doris S. Collier, husband and wife. ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in Bayside Borough, City of Virginia Beach, Virginia, known and described as Site "B" on a certain plat entitled, "Subdivision of Part of Site 7, Newsome Farm", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 66, at page 14; LESS AND EXCEPT ten feet (10') along Lawrence Lane (formerly Farm Lane), dedicated for road widening, as shown on the above-described plat. LESS AND EXCEPT that portion of the above-described property taken by the City of Virginia Beach by Certificates recorded in Deed Book 2784, page 596 and in Deed Book 2775, page 44 and Order recorded in Deed Book 3165, page 1735. LESS AND EXCEPT portions of Lots 145 through 153, Section I and Lots 1 through 9, Section 3-A, as shown on the plat of Lynbrook Landing, Map Book 150, at pages 39 and 40 and Map Book 168 at page 39, and as described in an Order recorded in Deed Book 2963, at page 743. THE ABOVE-DESCRIBED PARCELS taken together are bounded and described as follows: COMMENCING at the point of intersection of the southern right-of-way of Lynbrook Landing and the western fight-of-way of Goose Creek Road; thence proceeding in a southerly direction on the western fight-of-way of Goose Creek Landing, along a bearing of S 34°37'42" W a distance of 116.74' to the tree point of beginning; thence beginning and continuing along a curve to the right having a radius of 470.07' and a length of 98.27' to a point; thence continuing along a curve to the left having a radius of 520.07' and a length of 104.24' to a point; thence continuing along a beating of S 35°07'47'' W a distance of 16.02' to a point; thence turning and proceeding along a beating of N 55°15'05" W a distance of 824.56' to a point; thence turning and proceeding along a bearing of N 32°14'55'' E a distance of 103.64' to a point; thence mining and proceeding along a beating of N 55o55'00" W a distance of 152.02' to a point; thence turning and proceeding along a beating of N 32o14'55" E a distance of 150.00' to a point; thence mining and proceeding along a bearing of S 55015'05'' W a distance of 279.31' to a point; thence mining and proceeding along a bearing of S 32°14'55"W a distance of 36.23' to a point; thence turning and proceeding along a bearing of S 55°22'48" E a distance of 727.96' to the tree point of beginning. Said parcel contains 4.755 acres. Item V-K. 9. -57- PLANNING ITEM #48602 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: City of Virginia Beach: Ordtnance to AMEND the Ctty Zontng Ordtnance (CZO) ~ 107 re crtterta for proffers Ordtnance to AMEND the Ctty Zomng Ordtnance (CZO) Define "Truck" and "Trader" Redefine "Motor Vehtcle Sales and Rental" Add spectfic standards for Truck and Trader Rentals Establish "Truck and Trader Rentals" as a prtnctpal use tn the I-1 and 1-2 Industrtal Zomng Dtstrtcts Delete "Motor Vehtcle Sales and Rentals" tn the RT-2 and RT- 3 Zontng Dtstrtcts Counctl Lady Parker had concerns relattve the B-2 issue She has conferred wtth Robert Scott, Dtrector of Planntng, and wtll brtng thts tssue back later to Ctty Counctl Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 Wilson Counctl Members Vottng Nay None Counctl Members Absent None August 28, 2001 9 10 11 12 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY DEFINING THE TERMS "TRUCK" AND "TRAILER,"REDEFINING THE TERM "MOTOR VEHICLE SALES AND RENTAL," ADDING SPECIFIC STANDARDS FOR TRUCK AND TRAILER RENTALS, ESTABLISHING TRUCK AND TRAILER RENTALS AS A PRINCIPAL USE IN THE I-1 AND I-2 INDUSTRIAL ZONING DISTRICTS, AND DELETING MOTOR VEHICLE SALES AND RENTALS IN THE RT-2 AND RT-3 ZONING DISTRICTS SECTIONS AMENDED: Czty Zoning Ordznance Sections 111, 901, 1001, 1511(c) and 1521(c) SECTION ADDED: 242.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 901, 1001, 1511(c) and 1521(c) of the Czty Zoning Ordinance are hereby amended and Section 242.2 ~s hereby added to read as follows: Sec. 111. Definitions. For the purpose of th~s ordinance, words used ~n the present tense shall include the future; words used ~n the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the work "shall" ~s mandatory; the word "may" · s permissive; the word "land" includes only the area described as being above mean sea level; and, the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as here~n ~ndicated: Motor vehicle sales and rental. Any lot or establishment where three (3) two (2) or more motor vehicles, includzng trucks, trailers, house trailers and o__r motor homes, or any combination thereof, but not includmng motorcycles, are d~splayed for sale or rent. Trazler. Any vehicle lack~nq motive power desiqned for carrying property or passenqers wholly on ~ts own structure and which zs customarily drawn by a motor vehicle. Truck. Any motor vehicle designed to transport property on its own structure mndependent of any other vehicle and havlnq a reqistered qross weight ~n excess of 7,500 pounds. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Sec. 242.2. Truck and tra~ler rentals. In additzon to qeneral requirements, the followlnq special requirements and limitatzons shall apply to truck and tra~ler rentals: (a) The m~n~mum lot size shall be twenty thousand (20,000)square feet. (b) Trucks and trazlers for rental shall be d~splayed in an area des~qnated on a szte plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be d~splayed w~th~n the f~rst ten (10) feet of any front or szde yard abuttinq the r~qht-of-way l~ne of a street to be measured from the property l~ne to any d~splayed truck or tra~ler on the premises. (c) Ail l~qhtinq shall be directed toward the znterior of the site and away from ad~oln~nq properties. (d) Trucks or trazlers for rental whzch are not be~nq dzsplayed as provzded for in (b) above shall be located w~th~n a bu~ld~nq or ~n a deszqnated area located behind the nearest portion of a buildlnq adjacent to a public street. The des~qnated area shall be screened, except for necessary open~nqs for ~nqress and eqress, from any public rlqht-of-way or adToininq residential or apartment zoninq dzstrzct within one hundred (100) feet of the des~qnated area by a fence not less than szx (6) feet in he~qht and Cateqory VI landscapinq. Sec. 901. Use regulations. (a) Principal and cond~tzonal uses. The following chart l~sts those uses permitted wzthin the B-1 through B-4 Bus~ness Districts. Those uses and structures ~n the respective business dlstrzcts shall be pe£m~tted as either principal uses indicated by a "P" or as conditional uses ~nd~cated by a "C." Uses and structures ~ndicated by an "X" shall be prohibited in the respective d~strlcts. No uses or structures other than as specified shall be permitted. Use B-1 B-iA B-2 B-3 B-3A B-4 Motor vehzcle sales and rental, provzded the minimum lot smze ~s twenty thousand (20,000) square feet; and provided further, that truck and tra~ler rentals shall X X C C X C 79 80 81 82 83 84 85 86 87 88 89 comply wmth the provisions of Sectzon 242.2 Sec. 1001. Use Regulations. (a) Prmncipal and condmtional uses. The following chart lmsts those uses permmtted within the I-1 and I-2 Industrial D~str~cts. Those uses and structures in the respective ~ndustrial distr~cts shall be permitted as either prmncmpal uses ~ndlcated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective d~str~cts. No uses or structures other than as specified shall be permitted. 90 Use I-1 I-2 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Truck and trailer rentals, provided that they shall comply wmth the requirements of Sectmon 242.2 P P Sec. 1003. Landscape screening and buffering regulations. For the I-1 and I-2 Commercmal D~strzcts, the followzng landscape screening and buffering regulations shall apply: (a) When a zoning lot wmthln an I-1 Industrial Dlstrlct adjoins a residential or apartment distrzct w~thout an intervening street, alley or body of water over twenty-five (25) feet in width, a twenty-f~ve-foot m~nzmum yard shall be requzred along all lot l~nes adjolnmng the residential or apartment d~strmct. Category II landscape screening shall be requmred w~thin the yard area. No other uses or structures shall be permitted mn such yards. (b) When a zonmng lot w~thin an I-2 Industrial District adjoins a res~dentmal d~strmct wzthout an ~nterven~ng street, alley or body of water over twenty-five (25) feet mn width, a twenty-fzve-foot m~nimum yard shall be required along all lot lznes ad]o~ning the residential or apartment distrmct. Category VII screening shall be required wzthin the yard area. No other uses or structures shall be permitted in such yards. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 (c) When a zoning lot within an 1-2 Industrial District ad]oins an H- I Hotel District, 0-1 or 0-2 Office District, B-1 or B-IA Business District without an intervening street, alley or body of water over twenty-five (25)feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining the office district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards. Sec. 1511. Use regulations. [RT-2 Resort Tourist D~str~ct] (c) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof: provided, however, that except as set forth in subdivision (55),drive- through facilities shall not be permitted as a conditional or accessory use: ({-~13.1 Motor vehicle sales and rental, provided the minimum lot s=-e~= is twenty thousand (20,000) square feet; Passenger transportation terminals: Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) ({-~13.5) ({-5i4) ({-615) (~-?16) (~-el 7 ) passengers and used for commercial purposes. Personal watercraft rentals; Public utility storage or maintenance installations; Radio and television broadcasting stations, cellular telephone antenna and line-of-sight relay devices; Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise: Satellite wagering facility. 149 Sec. 1521. Use Regulations. [RT-3 Resort Tourist D~str~ct] 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 (c) Condmtional uses and structures' Uses and structures hereznafter specified, subject to compliance wzth the proviszons of part C of article 2 hereof; and provided, that except as set forth in subdzvlsion (5.5), drive- through facilities shall not be permitted as a condztional or accessory use in any port~on of the district east of Arctic Avenue, south of Wznston-Salem Avenue and 4th Street, or north of 35th Street- (13) ({-~12.5) (-1-4-13) (-1-4-13.1) (1413.5) (~-514 ) (~-615) (-1-~16 ) Motor vehzcle sales and rentals, provi=-=~=~ the mznzmum lot s=-e~ zs twenty thousand {20,0~)~v square feet-, Off-site parking facilities for uses and structures located within the RT-1, RT-2 or RT-3 Resort Tourist D~strmct, provzded the requirements of section 203 are met: Passenger transportation termznals' Passenger vessels permitted by Un,ted States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and use for commercial purposes. Personal watercraft rentals; Publzc utzl~ty storage or maintenance installations; Radio and telev~szon broadcasting stations, cellular telephone antenna and line-of-s~ght relay devices; Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal bas~s w~th approval of czty council, provided that, in the development of such properties, safeguards axe provided to preserve and protect the existing character of ad3acent properties, except that r~d~ng academies and recreational campgrounds shall not be allowed as a conditional use or otherwmse; (-1-~1__!) Satellzte wagerzng facility. 180 181 182 183 184 185 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of August, 2001. CA-8074 wmm/proposed/truckrentordin.wpd R4 June 14, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO CRITERIA FOR PROFFERS SECTION AMENDED' CZO ~ 107 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 107 of the City Zoning Ordinance is hereby amended and reordalned to read as follows: Sec. 107. Amendments. (h) Conditional zoning. (1) Purpose. It is the purpose of this section to provide a procedure by which conditional zoning may be used in accordance with the enabling legislation provided in the Code of Virginia. It is the policy of the City of Virginia Beach to encourage the voluntary proffering of conditions by the applicant in cases where the use of traditional zoning methods is inadequate to achieve certain desired goals and where the proffered conditions will offset identified problems to the extent that the proposed rezoning is thus acceptable; but to discourage its use where the proffered conditions do not sufficiently offset or are unrelated to identified problems or where traditional zoning methods are adequate to achieve certain desired goals. It ~s further the purpose of this section to allow for complete and t~mely review and evaluation of the proffered conditions by the c~ty staff, the public, the planning commission and the city council. (2) Crzteria for proffers. Proffers shall only be accepted as conditions attached to the rezoning ~f they meet the following criteria: (1) the rezoning itself must give 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 rise for the need for the condition; (2) such conditions shall have a reasonable relation to the rezoning; (3) all such conditions shall be in conformity with the comprehensive plan. Such conditions shall not include, however, conditions that impose the requirement to create a property owners' association which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by the city, lncludinq open space, parks, schools, fire departments, and other public facilities; however, such facilities shall not include sidewalks, special street siqns or markers, or special street lighting in public ri~hts-of-way not maintained by the department of transportation; (4) such conditions shall be capable of being readily and effectively enforced by the City of Virginia Beach at the time of development of the property; (5) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezonlng in a manneu not made available by traditional zoning methods. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of August, 2001. CA-8156 PROPOSED/CZO107ord.wpd R2 June 14, 2001 - 58- Item V-M. 1. APPOINTMENTS ITEM #48603 BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS DE VELOPMENT A UTHORITY PRINCESS ANNE COMMONS STEERING COMMITTEE August 28, 2001 - 59- Item V-M. 2. APPOINTMENTS ITEM g48604 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Clyde L Siler 4 year term 9/1/01 - 8/31/05 EASTERN VIRGINIA HEAL TH SYSTEMS AGENCY Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wttham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Councd Members Absent None August 28, 2001 - 60- Item V-M. 3. APPOINTMENTS ITEM #48605 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Thomas Marquis (studenO 1 year term 9/1/01 - 6/30/02 PUBLIC LIBRARY BOARD Vottng 11-0 Council Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham }V Harrtson, Jr, 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 None August 28, 2001 - 61 - Item V=M. 4. APPOINTMENTS ITEM #48606 Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED: Cornell Fuller 3 year term 9/1/01 - 12/31/04 AND, REAPPOINTED Leon G. Colemon William F. Rountree Michael J. Standing, Jr. Sylvia Nery Strickland-Primm 3 year terms 1/1/02- 12/31/04 RESORT AD VIS OR Y COMMISSION (RA C) Vottng 11-0 Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, 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 Councd Members Absent None August 28, 2001 Item V-O. 1. NE W BUSINESS ITEM #48607 B Y CONSENSUS, City Clerk to Record the ABSTRACT OF LEGAL CIVIL CASES - Resolved By the Ctty Attorney - August 2001 August 28, 2001 CIVIL LAWSUITS RESOLVED DURING THE MONTH OF JULY, 2001 Mtklos Tottossy v City of Virginia Beach - negligence Angela Wtlson, Adm of the Estate o! Karlo.s a Rober,son, v City of IOrgmta Beach - negligence Mel D Klem v James L Montgome~3~ and Ctty o/Ftrgmta Beach - negligence Note. Disposition details available on request from the City Attorney's Office - 63 - Item V-0.2. NE W BUSINESS ITEM #48608 B Y CONSENSUS, Cay Clerk wdl file for htstortcal reference, the abstract of votes, as recorded by the General Regtstrar, from the 2001 REPUBLICAN PARTY PRIMAR Y ELECTION for the 21st House of Delegates Dtstrtct, held August 21, 2001 August 28, 2001 Item V-P. AD JO URNME N T ITEM #48609 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8:40 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta August 28, 2001