OCTOBER 2, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, I11, Beach -Dtstrtct 6
MARGARET L. EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne - Distr, ct 7
LOUIS R JONES, Baystde -DIstrtct 4
REBA S McCLANAN, Rose Hall - District 3
ROBERT C MANDIGO. JR, Kempsvdle - District 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, City Manager
LESLIE L LILLEE City Attorney
RUTH HODGES-SMITH, MMC, City Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING i
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl~cay vtrgtnta-beach va us
October 2, 2001
CITY MANAGER'S BRIEFINGS
- Conference Room-
A.
FIRE DEPARTMENT ACCREDITATION
Chief Gregory B. Cade, Department of Fire
Bo
2002 COMMUNITY LEGISLATIVE AGENDA
Robert R. Matthias, Assistant to the City Manager
2:00 PM
Il. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
3:30 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
Citizens may register to address Cay Council for a limited time on any item on the
Formal Counctl Agenda. Speakers may register immediately prior to
the meeting or, in advance, by calling the Cay Clerk's Office at 427-4303
V. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend William E. Austin, Jr.
Virginia Beach Christian 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
September 25, 2001
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary
course of business by Cay Councd to be enacted by one motion.
H. PUBLIC HEARINGS
1 REDISTRICTING
2. AGRICULTURAL RESERVE PROGRAM (ARP) - (DISTRICT 7 - PRINCESS ANNE)
(a) Gene G. Bright, Trustee - 40.25 acres
(b) Gene G. Bright, David Bright and Rosanne Ray - 63.33 acres
I. ORDINANCES/RESOLUTION
o
Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement
and the issuance of its contract obhgatlons at Pungo Ferry Road:
(DISTRICT 7 - PRINCESS ANNE) (Previously scheduled for September 11, 2001)
(a) Gene G. Bright, Trustee (2001-39)
40.25 acres $141,860
(b) Gene G. Bright, David Bright, 63.33 acres $512,973
and Rosanne Ray (2001-40)
.
Or&nance to APPROPRIATE $64,787 from the Reserve for Contingencies to the FY 2001-02
Juvenile Probation Operating Budget re adminlstrat~ng a new program for Non-Custodial Foster
Care within the Comprehensive Services Act; and, ADDING a full-time position.
,
Or&nance to APPROPRIATE $44,538 in additional revenue to the FY 2002 operating budget of
the Comprehensive Services Act (CSA) special revenue fund; TRANSFER same to the FY 2002
operating budget of the Department of Mental Health, Mental Retardation and Substance Abuse
Services (MHMRSA) re services required by the Comprehensive Services Act; establish one full-
t~me posit~on to provide services to emotionally troubled youth m the public schools; and, estimated
revenue in the Comprehensive Services Act Special Revenue Fund be increased accordingly.
,
Resolution to authorize and direct the City Manager to execute a contract entitled, "Agreement for
the provision of electric service to munic~palities and counties of the Commonwealth of Virginia
from Virginia Electric and Power Company (VEPCO)", dated August 6, 2001.
J. PLANNING
Planning items were previously scheduled for September 11, 2001 and readvertised September 14 and
September 21, 2001.
lo
,
.
,
.
o
Apphcatlon of CARLOS & JUDDEL PARKER for a Condittonal Use Permit re a church at
Pleasure House Road and Independence Boulevard (1628 Independence Boulevard), contalmng 1.37
acres.
(DISTRICT 4- BAYSIDE)
Recommendation:
APPROVAL
Apphcation of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a Conchtional Use Permit
re a monopole communicatton tower at Ferry Road and Shore Drive, (2465 Ferry Road), eontaimng
5,600 square feet.
(DISTRICT 4- BAYSIDE)
Recommendation:
APPROVAL
Application of PAUL C. LOWN for a Condittonal Use Permit re a residential multiplefami!¥
dwelhng (3 units) on Lot 10, Block C, Lynnhaven Beach, on UrcMn Road and Ocean Avenue,
contmning 7,500 square feet.
(DISTRICT 5 - LYNNHAVEN)
Staff Recommendation'
Planning Commission Recommendation:
APPROVAL
DENIAL
Application of SAM'S REAL ESTATE BUSINESS TRUST for a Con&ttonal Use Permit re an
automobde servtce statton (fuel sales) on the south side of%rgima Beach Boulevard, east of North
Plaza Trail, contmnmg 11.64 acres more or less.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a
Conditwnal Use Permit (renewal) re a church expansion at Pnneess Anne Road and Curry Comb
Court, (2708 Pnncess Anne Road), containing 6.328 acres.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
Application of SPRINT PCS for a Conditional Use Permit re a communication tower at Dam Neck
Road and General Booth Boulevard, (484 Dam Neck Road), containing 4,800 square feet.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
Application of EASTMINSTER PRESBYTERIAN CHURCH for a Conditional Use Permit re
a chtM care education center at MacDonald Road and Indmn R~ver Road, (3229 MacDonald Road),
containing 5 acres more or less.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROVAL
Application of OCEAN BAY VENTURES, L.L.C. for a Change of Zoning Dtstrtct Classification
from I-1 Light Industrial and R-5D Residential Duplex to Conditional A-24 Apartment on the
northwest comer of the Norfolk & Southern Railroad right-of-way and Cypress Avenue, containing
2 89 acres more or less.
(DISTRICT 6 - BEACH)
Recommendation: DEFERRAL TO OCTOBER 23, 2001
Ko
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PRINCESS ANNE COMMONS STEERING COMM1TYEE
PUBLIC LIBRARY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
o
o
,
REQUEST TO RECONSIDER:
Application of MILLER/PARKER ASSOCIATES, for the disconttnuance, closure and
abandonment of a portion of Lavender Lane at the intersection of Lavender Lane and Potomac
Street, running in a southerly direction a distance of 250 feet to the northern boundary of Cleveland
Street, contmmng 12,500 square feet.
(DISTRICT 2 - KEMPSVILLE) (Approved September 25,2001)
ABSTRACT OF CIVIL CASES RESOLVED - August 2001
The ,4bstract of Votes, as recorded by the General Registrar, from the SPECIAL ELECTION for
the 14tn State Senate Dtstrict, held September 4, 2001, is on.file with the Ctty Clerk
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD- Telephonic Device for the Deaf)
09/28/0 lbap
AGENDA\10\02\01
www.vbgov.com
3
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
October 2, 2001
Former Mayor Louts R Jones, prestdtng tn the absence of Mayor Oberndorf, called to order the Ctty
Manager's Brtefing FIRE DEPARTMENT ACCREDITATION tn the Ctty Counctl Conference Room,
Ctty Hall Bmldtng, on Tuesday, October 2, 2001, at 2 O0 P M
Counctl Members Present
Margaret L Eure, Barbara M Henley, Louts R Jones Reba S
McClanan, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Mayor Meyera E Oberndorf
Vice Mayor Wilhams D Sessoms, Jr
Ltnwood 0 Branch, III,
Wtlham W Harrtson, Jr
Robert C Mandtgo, Jr
[Boston Urban Land Conference a
annual meettng]
[Out of the Ctty re Bank Bustness]
[Entered 2 09 P M]
[Legal Appotntments]
[Entered 2 06 P MI
-2-
CITYMANAGER'S BRIEFING
FIRE DEPARTMENT A CCREDITA TION
2:00 P.M.
ITEM #48686
Chtef Gregory Cade advtsed the Fire Department Accreditation program has entaded a thee year effort
It ts a Joint Commtsston sponsored by the Internattonal Assoctatton of Ftre Chtefs and lnternattonal Ctty
IRuth Smith - F~re Chief's comments before Councd Page 1 ]
From:
To:
Date:
Subject:
"Bob Gregory" <rebelsbeach@home com>
<ctycncl@vbgov com>, "Bob Mand~go" <r c mand~go@home net>
10/7/01 10 12AM
F~re Chief's comments before Councd
Members of Council,
I am wnbng th~s letter to address some ~naccuracles ~n the statements that the F~re Chief made to you the
members of councd at your meebng last week
Mrs Eure asked the F~re Chief questions regarding the safety of our flreflghters and the commumcabons
ability of the flreflghters, and ~t ~s h~s answers that I take excepbon to
Mrs Eure asked ~f every flreflghter had a "radio", to which the Chief said yes,when ~n fact there are only
three radios on an apparatus Th~s means that the "county" apparatus, or apparatus that have four
flreflghters on them, the fourth flreflghter has no means of commun~cabng w~th the other members of h~s
crew
Mrs Eure asked about m~n~mum staffing, and was told that ~n the "county" there are four flreflghters on the
engine, and everywhere else there are three flreflghters on the engine and three on the ladder Th~s ~s
another statement that can be quesboned, as, even ~n the "county" the F~re Chief allows the m~n~mum
manmng to be reduced to three flreflghters for periods of t~me,~n order that a flreflghter be "sent" for
supphes or a~r bottle fllhng,etc I submit that these dubes are not worth the under manmng of the fire
apparatus, and thereby reducing the safety of the c~bzens These "errands" could very well be completed
by the battahon chief and h~s "driver", as ~s done ~n other surrounding c~t~es The battahon chief v~stts each
stabon on a dady bas~s and could very easdy get supphes or "swap" empty a~r bottles for full ones
I am not sure who asked the next question, I'd have to watch the tape again, but there was a quesbon
concermng the abd~ty of V~rgm~a Beach flreflghters to "talk" to our s~ster c~bes flreflghters by radio, ~n the
event of an emergency that reqmred mult~-jur~sd~cbonal response The F~re Chief rephed that ~ndeed they
would be able to talk to one another,but ~t should be noted that the only portable radio or "walk~e talkte"
that has that capabd~ty ~s the Captains radio The flreflghters radios do not have that capability, therefore
the Captain would have to constantly sw~tch back and forth to talk to h~s crew and the other C~ty's crew,
creating a very confusing atmosphere in an atmosphere that most hkely would be confusing enough
Furthermore, the cond~bon of "spare" radios should also be addressed, as their are hm~ted supplies of
these, should the portable radios on the apparatus need repair
As you can see, ~t ~s an ~ssue that reqmres a b~t more attenbon, than what the F~re Chief would have you
beheve
Thank you for the opportumty to address my concerns to you
Respectfully,
Robert D Gregory
3305 Welwyn Muse
V~rg~ma Beach, VA 23452
(757) 631-1830
CITY MANA GER 'S BRIEFING
FIRE DEPARTMENT A CCREDITA TION
ITEM I:M8686 (Continued)
The Department has been tnvolved wtth the SARA Title III, and local Emergency Planmng Commtsstons,
stnce the early 1980's and gone a long way tn forgtng the regtonal worktng relattonshtp For over twenty
(20) years, the Ftre Departments tn thts area have had a close worktng relattonshtp, Vtrgtnta Beach ts a
part of the Tidewater Regional Fire Academy, thus tratntng together for over 20 years Other tntttattves
entatl the Metropolitan Medical Response System, wtth tnvolvement from the Hampton Roads Planmng
Dtstrtct Commtsston, whtch has been a regtonal mtttattve wtth the stxteen (16) jurtsdtcttons whtch are part
of the HRPDC Chtef Cade serves on a Steertng Commtttee Therefore, the Department has been
comprehenstvely examtntng all of the weapons of mass destructton types of events
The Ctty Counctl two years ago made a commttment, subject to the avatlabthty of fundtng, to tncrease the
overall staffing on the fire apparatus to a mmtmum staffing of four (4) personnel The Department ss
begtnntng to move tn that dtrectton The questtons ts whether he Department should reach the NFPA 1710
Standard or the 1720 Standard, as they are a combtnatton department An tntttal assessment should be
accomphshed within the next two months A report ts being comphed
At the present ttme, the mtntmum staffing on the majortty of the engtne compantes ts three (3) on the engtne
and three (3) on the ladders In 1997, the City Council tncreased the staffing to four (4)for the four stations
tn the southern portton of the Ctty (Creeds Company 6, Blackwater Company 13, Sandbrtdge Company 17
and Courthouse Company 5) The rule of"2 tn and 2 out" ss currently betng met Portable radtos are tssued
to each posttton, not any tndtvtdual
Counctlman Jones commended Chtef Cade
October 2, 2001
-4-
CITY MANA GER 'S BRIEFING
2002 COMMUNITY LEGISLATIVE AGENDA
2:29 P.M.
ITEM #4868 7
Robert Matthtas, Asststant to the Ctty Manager, presented tnformatton relattve the DRAFT Community
Legislative Agenda for the 2002 General Assembly Session There are a number of changes tn the process
for adopttng the agenda thts year Bestdes the name change, there has been early and conttnuous pubhc
parttctpatton and tnput Under the revtsed Ctty Counctl procedures, the package wtll be posted on the Ctty's
webstte There wtll be an opportumty for pubhc comments on October 9, 2001, and on October 23, 2001,
Ctty Counctl has scheduled the package for adoption A Pubtc Forum ts scheduled for October 17, 2001,
at 5 O0 P M, the Pavtlton, Charred by Counctl Lady Rosemary Wtlson wtth a General Assembly Ltatson
moderattng Mr Matthtas has met wtth the Executtve Commtttee of the Counctl of Ctvtl Organtzattons to
explatn thts process and recetve thetr suggesttons As thts package ts betng prepared, the Natron ts reehng
from the worst terrortsm attack tn world htstory The stock market ts plunging and consumer confidence ts
greatly depressed The State Pohce have needed a new radto system for over l O years whtch entads a cost
of over $100-MILLION The General Assembly has put offfundtng thts ttem However, there have been four
changes tn technology tn that amount of ttme Mr Matthtas ts confident tt wtll be funded durtng the next
General Assembly Sesston and wtll be a statewtde system whtch can be utthzed for other Government
Departments t e VDOT, Forest Rangers The General Assembly ts gotng to fund the system whtch works best
wtth the most local governments tn the area At the present ttme the Pohce radtos are outmoded wtth no
replacement equtpment avatlable
There ts supposedly a $500-MILLION shortfall tn the current fiscal year whtch could tncrease to $800-
MILLION or more The General Assembly dtd not adopt a revtsed Budget for the Btenmum Therefore,
there were no salary tncreases for state employees, school teachers and tncreases tn mandated programs
hke Medtcatd Mr Matthtas beheves when the "Caboose" Bill ts introduced as one of the first btlls, thts wtll
change the Budget for the rest of the Btenmum (tn January, a pay tncrease of 4% effecttve December) Thts
will entatl a cost of $40-MILLION for state employees and teachers The Commonwealth ts tn a better
positron to face Recession than thye were tn 1990/1991 The "rainy day" fund, created through an
amendment to the Constttutton after the Recesston, contains approxtmately SI-BILLION However, to
utthze same, revenues have to be 2% less than the offictal forecast and then only enough funds to make up
the dtfference between the offictal forecast and the actual forecast can be utthzed If there ts a shortfall of
$500-MILLION, only $250-MILLIONof the "ratny day fund" can be used to make up the dtfference There
ts sttll talk by members of the General Assembly of securtttztng the tobacco settlement funds whtch conststs
of over $400-MILLION. This could preclude gotng into the "ratny day fund" The Medtcatd and Tobacco
securtttzatton are one-trine funds The Prestdent announced Reagan National Airport would reopen on
Thursday, October 4, 2001 Thts ts great news as 11, O00jobs are dtrectly tmpacted at Reagan 85, 000 other
jobs tn Northern Vtrgtnta were also directly tmpacted by Reagan being closed There are approxtmately
12,500 tndtvtduals watttng to get tnto mental health facdtttes across the state, 500 of those are ctttzens of
Vtrgtnta Beach The General Assembly dtd not fund enough to pay for these cases Thts will be contatned
within the "Caboose" Bill [ The largest tnpattent psychtatrtc facthty tn America ts the Los Angeles County
jatlJ Vtrgtnta Muntctpal League, the Vtrgtnta Assoctatton of Counctls and, tndeed, some of the several
ongotng studtes of Vtrgtnta's tax system are constdertng returmng substanttal sums of General Fund money
to local governments For instance, the so called 50/40/10 program of VML and VACO would return
approxtmately $800-MILLION a year from General Funds to localmes based on restdence of the taxpayer,
where the taxable income ts earned wtth a base amount for all locahttes Vtrgtnta Beach Ctty Counctl
strongly beheves any constderatton of tax sharing programs should be held tn abeyance until the
Commonwealth ts able to fully fund extsttng commttments, such as educatton
A final area of great concern for Vtrgmta Beach and other locahttes is transportation needs and funding
Numerous studtes have revealed that the State should be spendtng upwards of $2.5-BILLION dollars a year
more than ts avatlable for transportatton Although the General Assembly attempted to address the shorfall
tn transportation funding wtth the Virginia Transportation Act of 2000, tt ts hkely that effort wtll prove
tnadequate The three new fundtng sources have proven to not work as expected Some addtttonal revenue
ts being generated by a change tn the way the gas tax ts admtmstered However, there have been httle to
no General Funds avatlable to transfer to transportation The 1/3 of the tax on car tnsurance premmms that
ts supposed to begtn betng allocated to transportatton tn the next Btenmum ts hkely not to matertahze When
General Fund revenue ts tnadequate to provtde for teacher salary tncreases, mental health needs, pubhc
health needs and the other bastcs state government should be dotng, those funds should not be diverted to
transportatton Substanttal addtttonal funds on a state-wtde basts need to be made avatlable for
transportatton Regtons should be gtven the flextbthty to ratse revenue for transportatton Transportatton
ts a state-wtde responstbdtty that shouM be addressed to the extent posstble by the Commonwealth on a
hohsttc basts However, certatn regtons of the Commonwealth, such as Vtrgtnta Beach and Hampton Roads,
generally have spectfic needs
October 2, 2001
-5-
CITY MAN`4 GER 'S BRIEFING
2002 COMMUNITY LEGISL`4 TIVE ,4 GEND,4
ITEM #4868 7 (Continued)
Legislative Requests
Funding of Education The state should fund the full cost necessary to
meet the Standards of Quahty (SOQ) With the Vtrgtnta Beach School
System havtng more than 1,000 teachers above the number needed to meet
the SOQ and having to spend almost $100-MILLION tn local funds above
the SOQ amount, tt ts obvtous that the level of educatton fundtngprovtded
under the gutdehnes of the SOQ ts hopelessly tnadequate Whtle locahttes
are grateful for the funds placed tnto educatton tnfrastructure anti
technology from the state lottery, the City beheves all of the approximate
$310-MILLION per year from the lottery shouM be made avatlable to
locahttes instead of less than 'half of that amount Vtrgtnta Beach feels
that the Standards of Quahty, whtch the State funds, are not adequate for
students to pass the Standards of Learntng tsttng
Funding for Transportation Transportation improvements are vttal to the
ttmely movement of people, goods and servtces The Ctty spectfically
requests the following The General Assembly should, on a state-wtde
basts, provtde stgnfcant addtttonal funds for transportatton Projects of
state-wide importance, uch as 1-66 tn Northern Virginia, 1-81 throughout
the enttre western portton of the Commonwealth, Route 58, Route 460 and
many other routes, need significant amounts offun&ng The City requests
the General Assembly to approve legtslatton that would allow regtons of
the Commonwealth to allow referendums for voter approval of revenue
tncreases for transportatton Thts would be stmtlar to theproposal that was
defeated tn the 2001 Sesston of the General Assembly for Northern
Vtrgtnta If regtons, or locahttes, adopt such seIf-tmposed revenue
measures, they should be rewarded for these efforts through addtttonal
revenue from the Commonwealth and certatnly not puntshed by recetvmg
less funds because they are taktng care of thetr own needs The Ctty
conttnues to support the constructton of the Thtrd Crosstng of Hampton
Roads Thepubhc/prtvatepartnershtp currently before the Commonwealth
Transportatton Board, although the detatls have not been released, offers
to have the project constructed constderably qutcker and at a reduced cost
Thts may entatl tolhng the facthty and perhaps other facthttes tn Hampton
Roads Wtth the support for the Thtrd Crosstng, however comes a
requtrement for the Ctty that tmprovements to Interstate-64 between
Newport News and Rtchmond must be made at the same ttme as the Thtrd
Crosstng tt makes httle sense to invest btlhons of dollars for a Thtrd
Crosstng when traffic ts sttll very congested from Bland Boulevard to 1-64
on the outstde of Rtchmond Thts $2-BILLION project must be funded tn
concert wtth the Thtrd Crosstng The Ctty Counctl also requests addtttonal
fundtng be made avatlable for mass transit Fundtng to allow Handt-Rtde
to expand back to tts previous servtce levels and allow HRT to reestabhsh
routes that were tn extstence on January 2001 must be provtded Ctty
Counctl ts ready to enthustasttcally support a MAGLEV (magnettc
levttatton) system for Southampton Roads and beyond tf proven worthy
Route 460 should recetve a prtortty for fundtng
Funding for the Virginia Marine Science Museum The Vtrgtnta Martne
Sctence Museum ts seektng SI-MILLION for operattng asststance each of
the next fiscal years
Funding for the Comprehensive Services Act (CSA) As Vtrgtnta Beach
has conststently been unable to meet the needs of chtldren and adolescents
ehgtble for servtces under the Comprehenstve Servtces Act due to
tnadequate state fun&ng for both mandated and non-mandated chtldren,
the Ctty requests a state code change that would requtre suffictent state
funchng for thts program
October 2, 2001
-6-
CITY MAN,4 GER 'S BRIEFING
2002 COMMUNITY LE GISL,4 TIVE ,4 GEND,4
ITEM #4868 7 (Continued)
Funding for Community Services Board (CSB) Fundtng must be
adequate to meet the needs of persons ehgtble for mechcatd supported
services, but unable to recetve them due to lack of state match funding,
persons tn need of services unfunded by me&cat& and, persons who are
tn&gent and cannot access medicaid servtces Addtttonal state-wtde
fundtng ts needed as follows
FY2003 FY2004
Mental Health
Children/Family
Mental Retardation
Substance ,4buse
$20 -MILLION
$14 -MILLION
$25 -MILLION
$12. 5-MILLION
$20 -MILLION
$14 -MILLION
$29 -MILLION
$12. 5-MILLION
$ 71.5-MILLION $ 75. 5-MILLION
Funding for Public Health Department Costs have steaddy tncreased tn
Vtrgtnta Beach, and the dollars spent are sttll tnadequate to address the
needs of chtldren tn Vtrgtnta Beach and the Commonwealth Based on
l/'trgtnta Beach's current annual btrth rate of 6, 000-6, 5000, 3, O00 famthes
should be reached annually, 800 of those would benefit from long term
visitation Currently, approximately 1000 famthes recetve services and
100 recetve long term home vtsttatton These preventive efforts wtll
decrease dollars needed for mtenstve CSA servtces requtred for chtldren
The Vtrgtnta Beach program can be matntatned tf Health Famthes dollars
conttnue from the General Fund, and the Ctty's current portton, $87, 719
ts sustatned Ideally, an incremental mcrease m fundmg of 5% each year
for stx (6) years would cover tnflattonary costs so that the current level of
servtce can be matntatned In the current btenntum, a supplemental budget
allotment was made specifically for the Vtrgtnta Beach Health Department
Ifa complete overhaul of Health Department fundtng ts not posstble, then
the City requests the supplemental approprtatton be conttnued for l, rlrgtnla
Beach
Funding for the Convention Center The Vtrgtnta Beach City Council has
approved funchngfor a new $193.5-MILLION Conventton Center and the.
archttectural firm of Sktdmore, Owtngs& Merrtll (SOM) has been selected
as the national archttect to destgn the project The General Assembly ts
requested to provtde $20-MILLION tn fundtng for the lZtrgmta Beach
Conventton Center facthty Thts ts tn keeptng wtth the benefit to the.
Commonwealth based on the amount of state tax revenue that wtll be
generated from the new facthty over a l O-year pertod $20-MILLION ts
also tn keeping with the amount of money provtded the Richmond
Conventton, when adJusted for tnflatton, based on the hkely year offundmg
betng provtded by the General Assembly
Virginia Beach Public Libraries Full fun&ng of State Atd The Vtrgtnta
Beach Pubhc Ltbrary requests that Governor Gilmore fully fund State Aid
to Vtrgtnta Pubhc Ltbrartes tn the 2002-2004 budget It ts currently
esttmated that full fundtng of State Atd wtll requtre a $1,5 76, 619 tncrease
tn FY2003 over FY2OO2 fundmg levels The current fundmg level for State
Atd and the levels proposed to achteve and mamtam full fundmg are as
follows
Current State Atd Full fundtng Full Fundtng
Approprtatton tn Request for Request for
FY 2001/02 FY 2002 FY 2003
$20,485,543 $21,209,899 $22,062,162
October 2, 2001
-7-
CITY MANA GER 'S BRIEFING
2002 COMMUNITY LEGISLATIVE AGENDA
ITEM #48687 (Continued)
Funding for Infopowering the Commonwealth Infopowertng funds for
FY2002 have been reduced to $i 6-MILLIONIn FY2003 an estimated $3-
MILLION ts needed to provtde servtces to pubhc hbrartes, $5-MILLION,
tf servtces are expanded Fullyfundmg the State grants-m-atdprogram and
Infopowertng the Commonwealth wtll provtde Vtrgtnta wtth a well
estabhshed pubhc hbrary system with access for all cities to traditional
hbrary servtces and services based on extsttng and mergtng technologtes
Funding for Contemporary Arts Center of Virginia The Contemporary
Arts Center of Vtrgmta requests $500, O00 for each year of the Btenntum
from the Legtslature for the purpose of conttnumg an expanded educattonal
program that employs state-of-the-art telecommuntcattons to reach
students and educators state-wtde The Ctty proposes to electrontcally
export these educattonal programs to schools outstde the regton offertng
educators a cost-effecttve means to met the requtrements of the SOL's
Funding for Corps of Engineers study of Kerr Reservoir Vtrgtnta Beach
ts requesttng the General Assembly provtde funchng tn the Department o.f
Envtronmental Quahty (DEQ) 2003 budget for a Corps of Engtneers study
of Kerr Reservotr
Non-Funding Issues
Support of Inclusion of "Sexual Orientation" in any proposed "Hate
Crimes" Legislation
Improvements for Processing Prorated Personal Property Taxes
Support for Connection Fee Payments and Attorneys' Fees
Abandoned Nonconforming Signs
Board of Zoning Appeals to be Created
Tree Conservation Ordinance
Solid Waste Ordinance Violation
Locality may provide for removal or disposal of ash, cutting of grass
and weeds.
Procurement of professional services
Fixed Price Contracts/Increases
Municipal Recreation Deed Restriction
Relattve Ftxed Prtce Contracts the request shall be changed from "A pubhc contract may tncludeprovtstons
for modtficatton of the contract durtng performance, but no fixed prtce contract may be tncreased by more
of the amount of the contract whtch shall not exceeed $50,000 wtthout the advance wrttten approval of the
governtng body or the chtef executtve officer or hts destgnee" Mr Matthtas shall provtde examples
October 2, 2001
-8-
CITY MANA GER 'S BRIEFING
2002 COMMUNITY LEGISLATIVE AGENDA
ITEM #4868 7 (Continued)
ADDEND UM - PUBLIC SAFETY ISSUES
Amend Code Deahng wtth Team Pohctng and Traffic Infracttons
Amend State Code regardtng Eludtng Pohce
DUI Arrest wtthout Warrant
Approved Equtpment
Non-Standard Equtpment
Forfetture of Vehicle Multtple DUI Offenses
Juvende Records
Interference wtth Pubhc Safety Workers
Overstze/Permttted Vehtcles or Loads
Definmon of Sport Utthty Vehtcle
Over-Hetght Vehtcles
Slow Vehtcle }Varmng
Escort Drtvers and Vehtcles
Testtng for DUI
Mr Matthtas referenced tssues mtght be added relattve the Post Labor Day opening Bill In years past,
there has been language supporttng the Post Labor Day school opemng Correspondence has been recetved
from the Hotel/Motel Assoctatton bastcally supporttng the extsttng State Code whtch allows locahttes to get
watvers tf they wtsh However, wtthout a watver, Post Labor Day ts when school shall be open The School
Board has backed away from the SMARTStart School Program The Hotel/Motel Assoctatton ts attempttng
to get support from the locahaes most affected by tourtsm to support the existing legislation
Concermng the Southampton Roads Coalition on Aging Legislative meeang wtth the Vtrgtnta Beach Task
Force on Agtng betng one of the parttctpants, chd Mr Matthtas revtew any of the tssues ? The k'trgmta Care
Gtvers Grant Program enumerated $500 grant avadabthty, but then was not funded and they are requestmg
tt be ratsed to $1,000 Mr Matthtas shall revtewposstble state tssues and shall consult wtth Adult Protecttve
Servtces forposstble mcluston of these ttems tn the Package
The Conflict of lnterest Act was suggested as a posstble addttton to the package The Ctty Attorney advtsed
the comprehenstve Confltct of Interests Act was enacted by the General Assembly tn 1987 The Act does
need revtston wtth the asststance of a Study Commtttee It ts extraordtnardy broad tn some cases In many
cases, the only authortty ts the Attorney General's optmon The Ctty Attorney beheves the Act should be
revtewed by two General Assembly Sesstons Local Government attorneys throughout the State would be
pleased to parttctpate The Act should not be lessened tn any sense of tts tmpact, but would be made clearer
so the confltcts are apparent rather than subject to tnterpretaaon of the local government or the
Commonwealth's Attorney
Concermng the snctnerator for the horses, there ts a $75 O0 charge for these servtces, whtch ss determtned
at the State level The tnctnerator charge and a regsonal tnctnerator wdl be constdered as part of these stems
for review
It was urged that Route 460 be placed at the top of the transportatton requests rather than at the bottom
Mr Matthtas advtsed VDOT ts tn the process of htrtng a consultant to perform an envtronmental tmpact
statement whsch wdl probably not be accomphshed untd after the first of the year Then, they are saysng st
wdl take etght (8) years to accomphsh thss work before the "first shovel of dtrt ss turned" The 460
Commission was created because of the Vtrgtnta Beach's City Councd's efforts through the delegatson
Addtttons wtll be tncluded sn City Councd's Frsday package
October 2, 2001
-9-
AGENDA RE VIEW SESSION
3:33 P.M.
ITEM # 48688
I1
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easement and the tssuance of tts
contract obhgattons at Pungo Ferry Road
(DISTRICT 7 - PRINCESS ANNE)
(Previously scheduled for September 11, 2001)
(a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860
Counctl Members Eure and McClanan wtll vote a VERBAL NAY on Item (a)
(b) Gene G. Bright, David Bright,
and Rosanne Ray (2001-40)
63 33 acres $512,973
Counctl Members Eure, McClanan and Wtlson wtll vote a VERBAL NAY on Item (b)
ITEM # 48689
14
Resolutton to authorize and direct the Ctty Manager to execute
a contract entttled, "Agreement for the provtston of electric
service to muntctpahttes and counttes of the Commonwealth of
Vtrgtnta from Virginia Electric and Power Company
(VEPCO) ", dated August 6, 2001
Counctlman Jones wtll ABSTAIN as he has income from VEPCO whtch exceeds the statutory hmtts
ITEM It 48690
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
II
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easement and the issuance of tts
contract obhgattons at Pungo Ferry Road
(DISTRICT 7 - PRINCESS ANNE)
(Previously scheduled for September 11, 2001)
(a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860
(b) Gene G. Bright, David Bright,
63 33 acres $512,973
12
Ordtnance to APPROPRIATE $64, 787from the Reserve for
Conttngenctes to the FY 2001-02 duventle Probatton Operattng
Budget re admtntstrattng a new program for Non-Custodial
Foster Care wtthtn the Comprehensive Services Act, and,
ADDING a full-ttme posttton
13
Ordtnance to APPROPRIATE $44,538 tn addtttonal revenue to
the FY2002 operattng budget of the Comprehenstve Servtces Act
(CSA) spectal revenue fund, TRANSFER same to the FY 2002
operattng budget of the Department of Mental Health, Mental
Retardation and Substance Abuse Services (MHMRSA) re
servtces required by the Comprehenstve Servtces Act, establish
one full-ttme posttton to provtde servtces to emottonally troubled
youth tn the pubhc schools, and, esttmated revenue tn the
Comprehensive Services Act Special Revenue Fund be increased
accordtngly
October 2, 2001
14
- 10-
AGENDA RE VIE W SESSION
ITEM # 48690 (Continued)
Resolution to authorize and direct the Ctty Manager to execute
a contract entttled, "Agreement for the provtston of electric
service to muntctpahttes and counttes of the Commonwealth of
Vtrgtnta from Virginia Electric and Power Company
(VEPCO) ", dated August 6, 2001
Counctl Members Eure and McClanan wtll vote a VERBAL NAY on Item I 1 (a)
Counctl Members Eure, McClanan and Wtlson wtll vote a VERBAL NAY on Item I 1 (b)
Counctlman Jones wtll ABSTAIN on Item 14
October 2, 2001
-11-
AGENDA RE VIEW SESSION
ITEM # 48691
J2 Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt re a
restdenttal multtple _family dwelhng (3 untts) on Lot 10, Block C,
Lynnhaven Beach, on Urchtn Road and Ocean Avenue, contamtng
7,500 square feet
(DISTRICT 5 - L YNNHA VEN)
Thts ttem wtll be &scussed during Formal Sesston
ITEM # 48692
Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a
Con&ttonal Use Permtt re an automobtle servtce statton (fuel sales)
on the south side of Vtrgmta Beach Boulevard, east of North Plaza
Tratl, contatntng 11 64 acres more or less
(DISTRICT 3 - ROSE HALL)
Councd Lady McClanan advtsed thts apphcatton may be approved,
Lan&cape Plan
Councd Lady Parker wtll vote a VERBAL NAY on this ttem
ITEM # 48693
subject to ad&ng the amended
J6
Apphcatton of SPRINT PCS for a Con&ttonal Use Permtt re a
commumcatton tower at Dam Neck Road and General Booth
Boulevard, (484 Dam Neck Road), contatntng 4, 800 square feet
(DISTRICT 7 - PRINCESS ANNE)
Counctl Lady Henley referenced correspondence from Attorney Romtne requesttng a 30-day DEFERRAL
(November 13, 200D Council Lady Henley stated a pohcy nee& to be devtsed relattve commumcatton
towers for the southern portion of the Ctty and the posstbthty of a stealth destgn Or&nances whtch requtre
co-location may require these towers to be even taller Is there a posstbtltty to encourage these to be located
on sttes where there ts more tndustrtal rather than on a natural stte
Counctlman Branch wtshed to be advtsed of the network planned tn the southern portton of the Ctty
Counctl Members Parker and Henley met wtth Steve Thompson, Robert Scott and Stephen Whtte relattve
communtcatton towers Counctl Lady Parker beheves the towers should blend tn wtth the aesthettcs of the
environment
Counctl Lady Eure wished a report relattve commumcatton towers be scheduled for the Ctty Counctl
Sesston of October 9, 2001
Counctlman Man&go satd the brtefing from Ctty Staff would also requtre the plans from each of the
providers, and when thts ts recetved, tt becomes pubhc tnformatton Thts ts a &sadvantage to the apphcants
as far as negottattons relattve sttes
A workshop shall be scheduled for &scusston ofcommumcatton towers and this locatton
ITEM # 48694
L8
Apphcatton of OCEANBA Y VENTURES, L.L.C. for a Change
ofZontng Dtstrtct Classtficatton from I-1 Ltght Industrtal and R-
5D Restdenttal Duplex to Con&ttonal A-24 Apartment on the
northwest corner of the Norfolk & Southern Ratlroad rtght-of-
way and Cypress Avenue, contatmng 2 89 acres more or less
(DISTRICT 6- BEACH)
Councilman Branch advtsed thts ttem wtll be DEFERRED, B Y CONSENT, until the City Council Session
of October 23, 2001.
October 2, 2001
- I2-
AGENDA RE VIEW SESSION
ITEM # 48695
B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT AGENDA:
J1
Apphcatton of CARLOS & JUDDEL PARKER for a Condtttonal Use
Permtt re a church at Pleasure House Road and Independence Boulevard
(1628 Independence Boulevard), contatntng 1 3 7 acres
(DISTRICT 4 - BAYSIDE)
J2
Apphcatton of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a
Condtttonal Use Permtt re a monopole communtcatton tower at Ferry Road
and Shore Drtve, (2465 Ferry Road), contatmng 5, 600 square feet
(DISTRICT 4 - BA YSIDE
,14
Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a
Con&ttonal Use Permtt re an automobtle servtce statton (fuel sales) on the
south side of Virginia Beach Boulevard, east of North Plaza Tratl,
contatntng 11 64 acres more or less
(DISTRICT 3 - ROSE HALL)
,15
Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST
CHURCH for a Condtttonal Use Permtt (renewal) re a church expanston
at Prtncess Anne Road and Curry Comb Court, (2708 Princess Anne
Road), contatntng 6 328 acres
(DISTRICT 7 - PRINCESS ANNE)
J6
Apphcatton of SPRINT PCS for a Condtttonal Use Permttre a
commumcatton tower at Dam Neck Road and General Booth Boulevard,
(484 Dam Neck Road), contammg 4, 800 square feet
(DISTRICT 7 - PRINCESS ANNE)
`17
Apphcatton of EASTMINSTER PRESBYTERIAN CHURCH for a
Condtttonal Use Permtt re a chtld care educatton center at MacDonaht
Road and In&an Rtver Road, (3229 MacDonald Road), contamtng 5 acres
more or less (DISTRICT I - CENTER VILLE)
`18
Apphcatton of OCEANBA Y VENTURES, L.L. C for a Change of Zontng
Dtstrtct Classtficatton from I-1 Ltght Industrtal and R-5D Restdenttal
Duplex to Condtttonal A-24 Apartment on the northwest corner of the
Norfolk & Southern Ratlroad rtght-of-way and Cypress Avenue, contatmng
2 89 acres more or less
(DISTRICT 6 - BEACH)
ItemJ 4 wtll bepresented for APPROVAL, B Y CONSENT, wtth AMENDED Landscape Plan Counctl Lady
Parker wtll vote a Verbal Nay
Item J 6 will be presented for DEFERRAL, B Y CONSENT, until the City Council Session of November I3,
2001
Item J 8 wtll be presented for DEFERRED BY CONSENT, unttl the Ctty Counctl Sesston of October 23,
2001
ITEM # 48696
M 1 REQUEST TO RECONSIDER
Apphcatton of MILLER/PARKER ASSOCIATES, for the dtsconttnuance,
closure and abandonment of aportton of Lavender Lane at the tntersectton
of Lavender Lane and Potomac Street, runmng tn a southerly dtrectton a
&stance of 250 feet to the northern boundary of Cleveland Street,
contatntng 12, 500 square feet
(DISTRICT 2 - KEMPSVILLE) (Approved September 25, 2001)
Counctlman Man&go advtsed thts ttem ts betng requested to reconstder, as there was a speaker on
September 25, 2001 The Ctty Clerk chd not recetve Mr Davtd Ltndsay's card Based on a conversatton wtth
Mr Ltndsey, Counctl Lady Wtlson, the Ctty Attorney, Ctty Clerk and htmself had after the meeting, tt was
dectded to schedule this for the Ctty Counctl Sesston of October 2, 2001, to afford Mr Lmdsey the
opportuntty to speak and the Counctl to evaluate thetr reason to (or not to) Reconsider
October 2, 2001
-13-
CITY COUNCIL COMMENTS
3:53 P.M.
ITEM # 48697
Counctl Lady Henley stated she ts very uncomfortable tn meettng prtvately and negottattng wtth apphcants
re planntng items She prefers to conduct ctty bustness tn a pubhc forum She requested the Ctty Attorney
advtse the Ctty Counctl Members relattve any concerns wtth thetr negotiating individually with applicants
The Ctty Attorney shall advtse He and the Ctty Manager have spoken at length relattve thts practtce
ITEM # 48698
Counctl Lady Henley advtsed the Floodplain and Stormwater Amendments are scheduled for the City
Counctl Sesston of October 23, 2001 As these are very extenstve, Counctl Lady Henley requested a Brtefing
The Ctty Manager shall schedule a Brtefing on Floodplatn Regulattons for the Ctty Counctl Sesston of
October 9, 2001
ITEM # 48699
Counctl Lady Eure mqutred tf the water pipes are currently being placed underground on the Nimmo
Parkway. The Ctty Manager advtsed they are plactng the ptpes under the Ashvtlle Brtdge Creek Thts ts a
better situation and removes the "eyesore" Comments have been favorable
ITEM # 48 700
Counctl Lady Eure referenced correspondence from a bustnessman offertng to place a flag pole tn front of
the Court House tn honor of hts brother Hts brother was stattoned at Pearl Harbor on December 7, 1941,
durtng the attack and then lost hts hfe servtng his country tn the battle of Guadalcanal Counctl Lady
McClanan concurred and thought tt approprtate for flags to be on the grounds of all pubhc butl&ngs Tom
Barton donated the Flags tn Flag Square at City Hall
The Ctty Manager advtsed the staff had been worktng wtth the Judges on thts tssue, who wtsh to memortahze
former Judge Lam, who had been the National President of the American Legion The City Manager was
trytng to coor&nate thts wtth the opemng of the street tn front of the Court House He forwarded the request
from the bustnessman to the Judges Counctl Lady Wtlson concurred
ITEM # 48 701
Counctlman Man&go advtsed there are many bike riders on Princess Anne Road, a gentleman who works
tn the same office as Counctlman Man&go has sertous concerns relattve the famthes and groups of rtders
on the rural roads on the weekends, parttcularly tn view of the heavy truck traffic Thete are some bhnd
curves He tnqutred, tf there would be some remedy to the sttuatton etther through signage or creating
shoulders to make these ctttzens understand the sertousness of thts sttuatton The majortty of Prtncess Anne
Road tn the Prtncess Anne Dtstrtct are narrow
October 2, 2001
- 14-
ITEM # 48702
Former Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, October 2, 2001,
at4 04PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K
Parker, and Rosemary Wdson
Councd Members Absent
Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice
Mayor Wdham D Sessoms, Jr
October 2, 2001
-i5-
ITEM # 48 703
Former Mayor Louts R Jones entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, consideration or interviews of
prospecttve candtdates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Franczs Land House Board of Governors
Prtncess Anne Commons Steertng Commtttee
Pubhc Ltbrary Board
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 meettng
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Agrtcultural Reserve Program
Prtncess Anne Dtstrtct
Acqutsttton/Dtsposttton of Property
Beach Dtstrtct
Prtncess Anne Dtstrtct
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
Oceanfront Tttle Issues/Cavaher Hotel Corporatton v Ctty of Vtrgtnta Beach
Upon motton by Counctlman Mandtgo, seconded by Counctl Lady Parker, Ctty Council voted to proceed
tnto CLOSED SESSION.
Vottng 8-0
Council Members I,'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K
Parker, and Rosemary l, gtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and
Mayor Wtlham D Sessoms, dr
[7tce
(Time of Closed Session: 4:06 P.M. to 6:05 P.M.)
October 2, 2001
-16-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
October 2, 2001
6:10 P.M.
Former Mayor Louts R Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, October 2, 2001, at 6 10 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, , Barbara M Henley,
Louts R Jones Reba S McClanan, Robert C Mandtgo, Jr, Nancy K
Parker and Rosemary Wtlson
Counctl Members Absent
Mayor Meyera E Oberndorf
[Boston Urban Land Conference annual meettng]
Vtce Mayor Wtlhams D Sessoms, Jr [Out of the Ctty re Bank Busmess]
Wtlham W Harrtson, Jr
[Legal Appotntments]
INVOCATION
Reverend Wdham E Austtn, Jr
Vtrgtnta Beach Chrtsttan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 2, 2001
Item V-E
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48 704
Upon motton by Council Lady Eure, seconded by Counctlman Branch.~ Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certification resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motion
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 8-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba $ McClanan, Robert C Man&go, Jr, Nancy K Parker,,
and Rosemary Wilson
Council Members Vottng Nay
None
Counctl Members Absent
Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
Beso u on
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virg~ma Beach C~ty Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM it 48703, page 15, and in accordance w~th the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344 of the Code of V~rg~ma requires a certification by the
governing body that such Closed Session was conducted in conformity w~th V~rgmia law.
NOW, THEREFORE, BE IT RESOLVED: That the V~rg~ma Beach C~ty Council hereby
certffies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully
exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to
which th~s certffication resolution apphes; and, (b) only such pubhc business matters as were
identified ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by
V~rgm~a Beach City Councd.
l~uth Hodges ~'m~th, MMC
City Clerk
October 2, 2001
Item V-F. 1.
-18-
MINUTES
ITEM # 48 705
Upon motton by Counctl Lady Henley, seconded by Counctlman Man&go, Ctty Counctl APPROVED,
AS AMENDED, the Minutes of the INFORMAL AND FORMAL SESSIONS of September 25, 2001
ITEM # 48652, Page 20
The following sentence shall be added after the verbiage "Mr Jack Whitney, Dtrector- Agriculture, ts
prepartng an Or&nance scheduled for an October Ctty Counctl Sesston One of the proJects selected ts to
seek fun&ng and locatton for a large antmal tnctnerator"
However, the Ctt_¥ Manager was &rected to handle thts admtntstrattvel?,,
rather than through an Or&nance
Vottng 8-0
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ivtlham tV Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
IVtlltam D Sessoms, Jr
October 2, 2001
- 20-
Item V-H. 1.
INTR OD UCED
ITEM # 48 70 7
Former Mayor ,Jones requested Chtef Gregory Cade present the guests tn attendance
Chtef Cade tntroduced the vtstttng Ftreman and Pohceman from our Stster Ctty, North Down, Bangor,
Northern Ireland
Brian Gough
Fire Divisional Officer
Billy Justin
Inspector Royal Ulster Constable
Former Mayor Jones also recogmzed our Own
Melvin Mathias
Fire Deputy Chief
Michael Glendon
Police Lieutenant
October 2, 2001
Item V-H. 1.
PUBLIC HEARING
- 21 -
ITEM # 48 708
Former Mayor Louts R Jones DECLARED A PUBLIC HEARING:
REDISTRICTING
Assistant City Attorney Larry Spencer outlined the process relative Redistricting and a&,tsed two general
information meetings were held in June and July A page has been created on the city's Webstte, which
contains information relative the schedule and process In co-operation with the office of Pubhc
Information, a Redlstrtctlng packet has been formulated including a map by which interested citizens could
produce a plan Mr Kimball Brace, President of Election Data Services, has met with Council Members
and citizenry on three occasions relative the issues to assist them with proposed plans On September 5,
6, 12 and 13, 2001, four meetings were conducted with the proposed plans on &splay These proposals are
also on &splay at the Central Library, Baystde Recreation Center, Seatack Recreation Center, Voter
Reglstrar's office, and in the City Council Chamber
The City Attorney advised there will be another Public Hearing on October 9, 2001, with a vote on the
proposed Redistricting Plan scheduled for October 23, 2001 (subJect to City Council requiring additional
mformatton)
Mr Brace referenced the proposed Redistricting Plans
Composite Alternative
Eure-Mandigo
Groveland Park Civic League
Henry Ryto 2
Pembroke Manor Civic League
Rudy Wilson 11 (new Plan received electronically on Sunday September 30)
Comparison reports between the new Plans and existing 1990 Districts are provtded for each proposal, five
of the stx plans all havmg 7 Districts Rudy Wilson had an 11 single District Plan A cover sheet depicting
the percentage of new District, that came from the old Dtstrlct, of each of the Plans (with exception of Rudy
Wilson 11)was also chstrtbuted to City Council
The following registered to speak tn SUPPORT of the Pembroke Master Plan
Gene R Moore, 4604 Wtlhamsburg Court 23462, Phone 497-5174
Robert &pka, President - Pembroke Manor Civic League, 412 Betsy Ross Road 23462, Phone 490-0630
The following registered to speak tn SUPPORT of the Henry Ryto 2 Proposal:
Henry Ryto, 864 Old Virginia Beach Boulevard 23451, Phone 428-2763
The following registered to speak In SUPPORT of the Rudy Wilson 11 District Proposal
Brian Ktrwtn, 304 Cripple Creek Court 23452, Phone 463-0399,
Shewhng Wong, 4621 Dorchester Lane 23464, Phone 474-6194
Georgia F Allen, 4405 Runmng Brook Drive 23462, Phone 687-3171, Member - Community Coahtlon for
a Better Virginia Beach
Nony Abrajano, 972 Aspen Drive 23464, Phone 420-418I, Chairman - National Federation of Filipino~
American Assoc and Member - Community Coahtton for a Better Virginia Beach
Gtl Zulueda - National Federation of Fthptno/ Amertcan Assoc , 1105 Brtks Lane 23464, Phone 495-1618
Member - Community Coahtton for a Better Virginia Beach
Mary Nelson, 1994 Newland Drive 23456, Phone 468-6164,
Ron Vtllanueva, 5691 Pin Oak Court 23464, Phone 523-9393, Member- Community Coahtton for a Better
Virginia Beach
Dr Charles E Flowers, 4604 McGregor Drive 23462, Phone 499-0403
Charles W Edmonds, 3013 Red Maple Lane 23452, Phone 498-7317
Rudy Wilson, 6381 Chestnut Hill 23464, Phone 523-1679, Principal designer of the Rudy Wilson 11 Plan,
Member - Commumty Coahtton for a Better Virginia Beach
There being no further speakers, Former Mayor Jones CLOSED THE PUBLIC HEARING.
October 2, 2001
- 22 -
Item V-H. 2.
PUBLIC HEARING
ITEM # 48 709
Former Mayor Louts R Jones DECLARED ,4 PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM (ARP) - (DISTRICT 7 - PRINCESS ANNE)
Gene G. Bright, Trustee - 40 25 acres
Gene G. Bright, David Bright and Rosanne Ray - 63 33 acres
There betng no speakers, Former Mayor Jones CLOSED THE PUBLIC HEARING
October 2, 2001
Item V=I.
- 23 -
ORDINANCES/RES OL UTION
ITEM # 48 710
Upon motton by Councdman Branch, seconded by Counctl Lady Parker, Ctty Counctl APPROVED IN
ONE MOTION, Or&nances/Resolutton 1, 2, 3 and 4 of the CONSENT AGENDA.
Vottng 8-0 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Councd Members Vottng Nay
None
Council Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
Counctl Members Eure and McClanan voted a VERBAL NAY on Item Ia
Counctl Members Eure, McClanan and Wdson voted a VERBAL NAY on Item lb
Item V-1 b This motion failed for lack of stx affirmative votes
Counctlman Jones ABSTAINED on 14 as he has tncome from VEPCO whtch exceeds the statutory hmtts
October 2, 2001
- 24 -
Item V-I. l a
ORDINANCES/RES OL UTION
ITEM # 48 711
Upon motion by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Council ADOPTED
Ordtnance to AUTHORIZE the acqmsttton of Agrtcultural Reserve
Preservatton (AR_P) easement and the tssuance of tts contract obhgattons
at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously
scheduled for September 11, 2001)
(a) Gene G. Bright, Trustee (2001-39) 40 25 acres $141,860
Voting 6-2 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Robert C
Man&go, .Ir, Nancy K Parker, and Rosemary Wilson
Counctl Members Vottng Nay
Margaret L Eure and Reba S McClanan
Counctl Members Absent
Wdham W Harrison, ,Ir, Mayor Meyera E Oberndorf and Vice Mayor
Wtlham D Sessoms, dr
October 2, 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 AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $141,860
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$141,860; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agrIcultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.10%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.10% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
66 constitutes the indebtedness a contractual obligation bearing
67
the full faith and credit of the City.
68
69
70
71
72
73
74
75
76
Adopted by the Council of the City of Virginia Beach,
Virginia, on this -2nd day of October , 20C)1.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8231
wmmkbrightbnrorn, wpd
R-1
August 21, 2001
77
78
79
8O
APPROVED AS TO CONTENT'
Agriculture Department
APPROVED AS TO LEGAL
SUFFICIENCY-
Law Department
81
82
83
CERTIFIED AS TO AVAILABILITY OF FUNDS'
Di~ecto-r ~f Finance ' ,
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-39
SUMMARY OF MATERIAL TERMS
SELLER: Gene G. Bright, Trustee
PROPERTY LOCATION: Buzzard Neck Road
PURCHASE PRICE: $141,860
EASEMENT AREA: 40 25 acres, more or less
DEVELOPMENT POTENTIAL: 5 single-family dwelling building sites (4 acquired, 1 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to y~eld on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 5.10% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement) Rate may not exceed 7.10% without approval of
City Council.
TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from [PA
date
RESTRICTIONS ON TRANSFER: [PA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of[PA.
ARP Boundary Line
Under
Consideration
BL A(~KVd~TgR
Bright Family
Item V-I.b.
- 25 -
ORDINANCES/RESOL UTION
ITEM # 48 712
Upon motton by Councdman Branch, seconded by Councd Lady Parker, Ctty Councd ADOPTED
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve
Preservatton (ARP) easement and the tssuance of tts contract obhgattons
at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (Previously
scheduled for September 11, 200D
(b) Gene G Brtght, Davtd Brtght,
and Rosanne Ray (2001-40)
63 33 acres $512,973
Vottng 5-3 (By ConsenO
THIS MOTION FAILED FOR LACK OF SIX (6) AFFIRMATIVE VOTES
(see Ctty Attorney's letter here appended)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones,
Mandtgo, Jr and Nancy K Parker
Robert C
Council Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
City of Virginia Beach
LESLIE L LILLEY
CITY A'FI'ORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427 4531
FAX (757) 426-5687
TDD (757) 427-4305
October 4, 2001
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Ruth Hodges-Smith, City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re:
Insufficient Number of Affirmative Votes for Adoption-
ARP Acquisition Ordinance of October 2, 2001
Property of Gene G. Bright, David Bright, and Rosanne Ray
Dear Mayor Oberndorf and Members of Council:
At your preliminary agenda session of October 2nd when the consent agenda was set, the City
Clerk pointed out to me that there would only be five affirmative votes for passage of the above-
referenced ordinance and asked if that number of votes would be sufficient for adoption of the
ordinance. We immediately reviewed the issue and concluded that an Agricultural Reserve Program
acquisition ordinance approves an installment sales contract for the purchase of land, and thus
requires only a majority of those present and voting, rather than a majority o fthe entire City Council.
On Wednesday after the Council meeting, we revisited the issue and determined that the
installment sales contract includes a pledge of the full, faith and credit of the City, and it is the
addition of that pledge which requires six affirmative votes for adoption. Because the vote in this
case was five to three, with three members of Council being absent, the ordinance did not receive
a sufficient number of affirmative votes to be adopted.
The minutes of October 2"a should reflect that the motion to adopt the subject ordinance
failed, as it was not approved by a majority of all of the members of the governing body, and this
letter should be appended to those minutes.
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector.
Honorable Meyera E. Oberndorf, Mayor
Members of City Council
-2-
October 4, 2001
Re.'
Insufficient Number of Affirmative Votes for Adoption -
ARP Acquisition Ordinance of October 2, 2001
Property of Gene G. Bright, David Bright, and Rosanne Ray
If Council wishes to revisit this issue when all members are present, any member may move
for reconsideration of the matter at any time. Thank you for your consideration of this matter, and
I appreciate the City Clerk's having brought this matter to our attention.
Very truly yours,
Leshe L Lflley
City Attorney
LLL/cms
CC:
James K. Spore, City Manager
William J. Whitney, Jr. AICP, Director of Agriculture
- 26-
Item V-I.2.
ORDINANCES/RES OL UTION
ITEM # 48 713
Upon motton by Councilman Branch, seconded by Counctl Lady Parker, City Council ADOPTED
Ordinance to APPROPRIATE $64,787from the Reserve for Conttngenctes
to the FY2001-02 Juvende Probatton Operattng Budget re admmtstratmg
a newprogramfor Non-Custodial Foster Care wtthtn the Comprehenstve
Servtces Act, and, ADDING a full-ttme posttton
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO APPROPRIATE $64,787 FROM
RESERVE FOR CONTINGENCIES TO THE FY
2001-02 JUVENILE PROBATION OPERATING
BUDGET TO ADMINISTER A NEW PROGRAM
WITHIN THE COMPREHENSIVE SERVICES ACT
WHEREAS, by funding the establishment of one full-time
position and related expenditures to administer the program, City
staff can begin programmatic changes that permmt the use of state
funds and will reduce overall City Comprehensive Services Act
14 expenditures.
15
16
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
17 THE CITY OF VIRGINIA BEACH, VIRGINIA'
18
1. That $64,787 ms hereby transferred from the Reserve
19
20
for Contingencies to the FY 2001-02 Juvenile Probation Operating
Budget to fund programmatmc changes mntended to decrease the
21 City's expenditures under the Comprehensmve Services Act.
22
23
2. That one new full-time position is hereby added to
the FY 2001-02 Juvenile Probation Operating Budget.
24
25
26
27
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd day Ofoctober , 2001.
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
APPROVED AS TO CONTENT
Management ~erv
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney~Office
CA8255
DATA/ORDIN/NONCODE/CSA Ordinance.wpd
September 24, 2001
R3
-27-
Item V-I.$.
ORDINANCES/RES OL UTION
ITEM # 48 715
Upon motton by Counctlman Branch, seconded by Council Lady Parker, City Counctl ADOPTED
Ordtnance to APPROPRIATE $44,538 tn addtttonal revenue to the FY
2002 operattng budget of the Comprehenstve Services Act (CSA) special
revenue fund, TRANSFER same to the FY 2002 operattng budget of the
Department of Mental Health, Mental Retardation and Substance Abuse
Services (MHMRSA) re servtces requtred by the Comprehenstve Servtces
Act, establish one full-ttme posttton to provtde services to emottonally
troubled youth tn the pubhc schools, and, esttmated revenue tn the
Comprehenstve Servtces Act Spectal Revenue Fund be tncreased
accordtngly
Vottng 8-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and
Rosemary Wtlson
Councd Members Vottng Nay
None
Council Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE $44,538 IN
ADDITIONAL REVENUE TO THE FY 2002
OPERATING BUDGET OF THE COMPREHENSIVE
SERVICES ACT SPECIAL REVENUE FUND AND TO
TRANSFER THESE FUNDS TO THE FY 2002
OPERATING BUDGET OF THE DEPARTMENT OF
MENTAL HEALTH, MENTAL RETARDATION AND
SUBSTANCE ABUSE SERVICES TO DELIVER
SERVICES REQUIRED BY THE COMPREHENSIVE
SERVICES ACT
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, the Comprehensive Services Act provides an
array of services to emotionally troubled youth, including
therapeutic interventions to children in the public schools; and
WHEREAS, Virginia Beach Public Schools have determined
that demand for this service is sufficient to request the
establishment of an additional full-time position that will be
reimbursed through Comprehensive Services Act funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $44,538 resulting from an increase in
estimated revenue ~s hereby appropriated to the FY 2002 Operating
Budget of the Comprehensive Services Act Special Revenue Fund and
transferred to the FY 2002 Operating Budget of the ]Department
of Mental Health, Mental Retardation, Substance Abuse Services
for the purposes of providing mental health services in the
public schools.
2. That one (1) posit~on to provide services in the
public schools is hereby established ~n the FY 2002 Operating
Budget of the Department of Mental Health, Mental Retardation and
Substance Abuse Services.
3. That estimated revenue ~n the Comprehensive
Services Act Special Revenue Fund for FY 2002 is hereby increased
by $44,538, as a result of revenue from the Commonwealth
increasing by $28,642 and m~scellaneous revenue generated from
35
36
payments by the Virginia Beach City Public Schools increasing by
$15,896.
37
38
Adopted the 2 day of October , 2001, by the
39 Council of the City of Virginia Beach, Virginia.
40
41
42
43
CA8256
DATA/ORDIN/NONCODE / cs amhs chord2, wpd
September 27, 2001
R3
APPROVED AS TO CONTENT:
Management Services /
APPROVED AS TO LEGAL
SUFFICIENCY:
5epartmen~of Law ,
Item V-I. 4.
- 28 -
ORDINANCES/RESOL UTION
ITEM # 48 716
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED:
Resolutton to authorize and direct the Ctty Manager to execute a contract
entttled, "Agreement for the provtston of electric service to muntctpahttes
and counties of the Commonwealth of Vtrgtnta from Virginia Electric and
Power Company (VEPCO)", dated August 6, 2001
Voting 7-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S
McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and Rosemar)
Wtlson
Counctl Members Votmg Nay
None
Council Members Abstatmng
Louts R Jones
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
Counctlman Jones ABSTAINED on 14 as he has tncome from VEPCO whtch exceeds the statutory hmtts
October 2, 2001
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A CONTRACT ON BEHALF OF THE
CITY FOR THE PURCHASE OF ELECTRIC
SERVICE FROM VIRGINIA ELECTRIC AND
POWER COMPANY
WHEREAS, the contract under which the City of Virginia
8 Beach purchases electric service from Virginia Electric' and Power
9 Company (VEPCO) expired as of June 30, 2000; and
10
WHEREAS, the City, through its representation on a
11 Steering Committee composed of members of the Virginia Municipal
12 League (VML) and Virginia Association of Counties (VACo), has
13 negotiated a new contract with VEPCO; and
14
WHEREAS, the Steering Committee has recommended approval
15 of a new contract for the purchase of electric service; and
16
WHEREAS, the proposed contract sets forth rates, terms
17 and conditions for the purchase electric service from VEPCO which
18 are fair and reasonable; and
19
WHEREAS, the City Council hereby finds that competitive
20 bidding or negotiation is not required for the purchase of the
21 services contemplated by the proposed contract, in that VEPCO
22 presently is the sole source for the retail purchase of
23 electricity, and the proposed contract allows the City to purchase
24 electric service from other providers in accordance with the
25 provisions of the Virginia Electric Utility Restructuring Act,
26 Virginia Code Sections 56-576 through 56-595; and
27
WHEREAS, a complete copy of the proposed contract, a
28 summary of the material terms of which is hereto attached, is on
29 file at the Office of the City Attorney and is available for public
30 inspection.
31
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33 That the City Manager be, and hereby is, authorized and
34
35
36
37
directed to execute, on behalf of the City, the proposed contract
entitled ~Agreement for the Provision of Electric Service to
Municipalities and Counties of the Commonwealth of Virginia from
Virginia Electric and Power Company", dated August 6, 2001.
38
39
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd day of October , 2001.
CA-8254
wmm~ordres~2001vepcocontract.res
R-1
September 18, 2001
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
Agreement for the Provision of Electric Service
Other Party
Purpose:
Term.
Rates'
Exclusivity'
Retail Choice
Phase-In
Capital Projects:
Contract Re-
Openers
Summary of Material Terms
Virginia Electric and Power Company (VEPCO)
Purchase of electric service by City from VEPCO
July 1, 2000 through June 30, 2007
Base rates are capped at old (7/97 - 6/00) contract rates for entire seven years
of new contract Monthly fuel adjustment continues as in prior contracts.
Actual rates vary according to specific account and applicable rate schedule.
City has the option of purchasing all of its electricity from VEPCO, but may
switch any or all accounts to alternative supplier at any time ("retail choice")
after retail choice becomes available City may switch back to VEPCO at any
time, but must thereafter stay with VEPCO for a minimum period consistent
with State Corporation Commission (SCC) rules (generally, 12 months)
NOTE: Per SCC, "competitive electric supply, will depend entirely on the
wdhngness of competitive suppliers to enter the Vlrglma market"
Per SCC order, 1/3 of local government accounts must be subject to retail
choice beginning on January 1, 2002, add'l 1/3 beglnmng on September 1,
2002, all by January 1, 2003
Clarifies use of City contractors to perform capital projects and sets up Joint
Action Committee to effect positive changes in procedures to improve service
to localities
Allows rate adjustments for financial distress in circumstances in which the
SCC has made a finding that VEPCO is subject to financial distress beyond
its control
- 29-
Item V-J.
PLANNING
ITEM # 48 717
1. CARLOS & JUDDEL PARKER
CONDITIONAL USE PERMIT
2. CHESAPEAKE BAY TOWER ASSOCIATES L.P.
CONDITIONAL USE PERMIT
3. PAUL C. L O WN
CONDITIONAL USE PERMIT
4. SAM'S REAL ES TA TE
CONDITIONAL USE PERMIT
5. CO UR THO USE COMMUNITY
UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
6. SPRINT PCS
CONDITIONAL USE PERMIT
7. EASTMINSTER PRESBYTERIAN CHURCH
CONDITIONAL USE PERMIT
8. OCEAN BAY VENTURES, L.L. C.
CONDITIONAL CHANGE OF
ZONING
October 2, 2001
- 30-
Item V-J.
PLANNING
ITEM # 48 718
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl APPROVED in ONE
MOTION Items 1, 2, 4, 6 (DEFERRED), 7 and 8 (DEFERRED) of the PLANNING AGENDA
Item 4 was APPROVED, BY CONSENT, ad&ng the amended Landscape Plan
Item 6 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 13, 2001
Item 8 was DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of October 23, 2001
Vottng 8-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, dr, Nancy K Parker, and
Rosemary Wdson
Counctl Members Vottng Nay
None
Council Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
Counctl Lady Parker voted a VERBAL NAY on Item J 4 (SAM's REAL ESTATE BUSINESS TRUST)
October 2, 2001
-31 -
Item V-J. 1.
PLANNING
ITEM # 48 719
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED the
Ordtnance upon apphcatton of CARLOS & JUDDEL PARKER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF CARLOS & JUDDEL PARKER
FOR A CONDITIONAL USE PERMIT FOR A CHURCH RO10013075
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Applicatton of Carlos & duddel Parker for a Conchttonal
Use Permttfor a church on the east side of Independence Boulevard, 200
feet south of Pleasure House Road (GPIN #1479-23- 7563) Satd parcel ss
located at 1628 Independence Boulevard and contatns 1 37 acres
DISTRICT 4 - BA YSIDE
The followtng conchttons shall be requtred
The apphcant shall obtatn all the necessary permtts, inspections,
and approvals from the Ftre Department and the Permtts and
Inspections Dtvtston of the Plannmg Department before
occupancy of the butldmg A Certtficate of Occupancy for the
use shall be obtatned from the Permtts and Inspecttons Dtvtston
of the Planntng Department
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 (JO of the Zomng Ordinance
Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgznta, on the Second of October, Two Thousand
One
Vottng 8-0 (By Consent)
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Council Members Votmg Nay
None
Counctl Members Absent
Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
- 32 -
Item V-J. 2.
PLANNING
ITEM # 48 720
Upon motton by Councdman Branch, seconded by Counctl Lady Parker, Ctty Councd ADOPTED an
Ordtnance upon Apphcatton of CHESAPEAKE BAY TOWER ASSOCIATES L.P. for a Condtttonal Use
Permtt
ORDINANCE UPON APPLICATION OF CHESAPEAKE BAY TO WER
ASSOCIATES L P FOR A CONDITIONAL USE PERMIT RO10013076
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Chesapeake Bay Tower Assoctates L P for
a Con&ttonal Use Permtt for a monopole commumcatton tower on the east
stde of Ferry Road, 250 feet more or less north of Shore Drtve (GPIN
#1469-18-3523, #1469-29-1708, #1469-19-9359) Satdparcel ts located
at 2465 Ferry Road and contains 5,600 square feet DISTRICT 4 -
BA YSIDE
The followtng conchttons shall be requtred
The tower height ts hmtted to 103 feet as deptcted on the
submttted stte plan tttled "FERR Y ROAD SITE, LITTLE CREEK,
2465 FERRY ROAD, VIRGINIA BEACH, VIRGINIA 23520",
prepared by Clark-Nexson Archttecture& Engtneertng, dated
03/05/01
2 The apphcant shall submit to the Planntng Department the
followtng ttems for revtew before approval of the stte plan
A report from a regtstered structural or ctvtl engineer tnchcattng
tower hetght and destgn, structure, tnstallatton, and total
anticipated capactty of structure (mcludmg number and type of
antennas whtch could be accommodated) Thts data shall
sattsfactortly demonstrate that the proposed tower conforms to
all structural requirements of the Untform Statewtde Butldmg
Code
A statement from a registered engmeer that the NIER (non-
tontztng electromagnettc radtatton) emttted therefrom does not
result tn a ground level exposure at any potnt outstde such
facthty whtch exceeds the lowest apphcable exposure standards
estabhshed by any regulatory agency of the U S Government or
the Amertcan Nattonal Standards Instttute
A letter from the Federal Avtatton Admtntstratton concermng any
spectal hghttng and/or patnttng of the tower due to tts proxtmtty
to Norfolk Internattonal Atrport
Unless a watver ts obtatned from the Ctty of Vtrgmta Beach
Department of Commumcattons and Informatton Technology
(COMIT), a ra&o frequency emtsstons study (RF Study),
conducted by a quahfied engtneer hcensed to practice tn the
Commonwealth of Vtrgtma, showtng that the tntended user(s)
wall not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcattons faczlzttes, shall be provtded prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
In the event tnterference wtth any Ctty emergency
communtcattons facthttes arises from the users of thts tower, the
user(s) shall take all measures reasonably necessary to correct
and ehmtnate the interference If the tnterference cannot be
ehmtnated wtthtn a reasonable time, the user shall tmmedtately
crease operatton to the extent necessary to stop the tnterference
October 2, 2001
i
Item V-J.2.
- 33 -
PLANNING
ITEM # 48 720 (Continued)
Due to the tndustrtal locatton and use of thts site, screemng and
buffering of the stte wtll not be required
In the event that the tower ts tnacttve for a pertod of one (1) year,
tt shall be removed at the owner's expense
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Second Of October, Two Thousand
One
Voting 8-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice Mayor
Wtlham D Sessoms, Jr
October 2, 2001
Item V-J. 3.
- 34-
PLANNING
ITEM # 48 721
Douglas Talbot, 6160 Kempsvtlle Ctrcle, State 20A, Phone 455-5800, represented the appphcant
A MOTIONwas made by Councdman Man&go, seconded by CounctlLady Wdson to ADOPT an Or&nance
upon Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt
A SUBSTITUTE MOTION was made by Councd Lady Eure, seconded by Counctl Lady Henley to DEFER
until the City Council Session of November 27, 2001, an Or&nance upon Apphcatton of PAUL C. LO~TV
for a Con&ttonal Use Permtt This wtll enable an Amendment to the Zontng Or&nance to be expe&ted to
the Ctty Councd Sesston of November 27, 2001, whtch will allow two umts mstead of three to butlt tn thts
Dtstrtct
Voting'
4-4 (MOTION LOST TO A TIE VOTE)
Counctl Members Voting Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Barbara M Henley and,
Nancy K Parker
Council Members Vottng Nay'
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr and Rosemary
Wtlson
Council Members Absent
Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wdham D Sessoms, Jr
October 2, 2001
I
- 35-
Item V-d. 3.
PLANNING
ITEM # 48721 (Continued)
A The Matn MOTION was made by Counctlman Man&go, seconded by Councd Lady Wtlson to ADOPT
an Or&nance upon Apphcatton of PAUL C. LOWN for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF PAUL CLOWN FOR A
CONDITIONAL USE PERMIT
Or&nance upon Apphcatton of Paul C Lown for a Con&ttonal Use Permit
for restdenttal multiple faintly dwelhng (3 untt butl&ng) on the west stde
of Urchtn Road, 200feet south of Ocean Avenue (GPIN #1590-10-3410)
Satd parcel ts located on Lot 10, Block C, Lynnhaven Beach and contatns
7, 500 square feet DISTRICT 5 - L YNNHA VEN
Vottng
2-6 (MAIN MOTION TO APPROVE LOST TO NEGATIVE VOTE)
Counctl Members Vottng Aye
Robert C Man&go, Jr and Rosemary Wtlson
Council Members Vottng Nay
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley Louts R
Jones, Reba $ McClanan and Nancy K Parker
Counctl Members Absent
Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
URCHIN ROAD
SITE PICTURES
October, 2001
COMMISSION NUMBER: 1539.2
6 ~ 6 o K~ C~d~
Su~ 200A
Norfolk, l/wgtma 2S302
(757) 455 5800
Fax: (757) 455-5638
http'//www darknexsen ccm
LOOKING EAST ON SITE SHOWING ADJACENT CONDO/APT OWNERS/RENTERS
ENCROACHMENT AND USE OF PROPERTY (SITE) FOR GARDENS AND LEISURE
USAGE.
LOOKING EAST SHOWING SITE AND ENCROACHMENTS.
LOOKING EAST SHOWING EXISTING DECKS AND BALCONIES ADJACENT TO SITE.
LOOKING WEST AT CONDO, APARTMENTS, AND SHEDS ADJACENT TO THE SITE.
PARCEL LOOKING WEST FROM URCHIN ROAD.
SITE, LOOKING SOUTH, SHOWING ENCROACHMENT AND USE OF PROPERTY BY
ADJACENT CONDO/RENTERS
l- ' 1
LOOKING NORTH FROM TERMINUS OF URCHIN ROAD. THE APARTMENTS SHOWN
ARE BACKING ONTO THE EAST SIDE OF URCHIN ROAD ACROSS FROM SITE.
LOOKING EAST ALONG NORTH PROPERTY LINE OF SITE FENCE IS ON THE
PROPERTY LINE WITH THE ADJACENT PARKING LOT OWNED BY WESTMINISTER
CANTERBURY.
LOOKING WEST FROM EXISTING URCHIN ROAD AT ADJACENT CONDO AND
APARTMENT UNITS SOUTH OF THE SITE.
ADJACENT PARKING AREA, OWNED BY WESTMINISTER CANTERBURY, ON NORTH
SIDE OF SITE.
LOOKING NORTH FROM EAST END OF PROPERTY SHOWING NEW CONDOS AND
FENCE AT PROPERTY LINE
NEW CONDOMINIUMS BEING BUILT ALONG BAY ON OCEAN SHORE AVE
OF SITE.
NORTH
I
Item K-J. 4.
- 36-
PLANNING
ITEM # 48722
Upon motton by Councdman Branch, seconded by Counctl Lady Parker, City Counctl ADOPTED an
Ordtnance WITH ADDED LANDSCAPING PLAN to the Apphcatton of SAM'S REAL ESTATE
BUSINESS TRUST for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SAM'S REAL ESTATE
BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SER VICE STATION (FUEL SALES) RO10013077
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordinance upon Apphcatton of Sam's Real Estate Bustness Trust for a
Condtttonal Use Permtt for an automobtle servtce statton (fuel sales) on
certatn property located on the south stde of Vtrgtnta Beach Boulevard,
3 70feet east of North Plaza Tratl (GPIN#1487-84-3 745, #1487-84-5434)
Satdparcel contains 11 64 acres more or less DISTRICT3 - ROSE HALL
The followtng condtttons shall be requtred
The facthty shall be constructed tn substanttal conformance with
the submitted stte plan tttled, "CONCEPTUAL GAS SALES
LAYOUT SAM'S CLUB #4711-00 Wal-Mart Stores, Inc,
Vtrgtnta Beach, Vtrgtnta", prepared by Dewberry & Dams Inc,
dated July II, 2001 Satd plan ts on file m the Czty of V~rgmta
Beach Planmng Department
The appearance of the facthty shall substanttally conform to the
untttled color rendertngs submttted wtth the Condtttonal Use
Permtt apphcatton and on file wtth the Ctty of Vtrgtnta Beach
Planmng Department The canopy shall be metal wtth a dtmpled
fintsh The canopy roof and fascia shall be tan tn color wtth a
red strtpe The supporttng columns shall be betge
Street frontage landscaptng shall be tnstalled tn the tslands along
the northern and eastern perimeter of the facthty area
Stgnage for the stte shall be hmtted to traffic control stgns and
logos and strtptng on the fuel pump canopy and logo signs on the
fuel dtspensers as shown on the rendertng descrtbed tn Condttton
2 No other signs shall be tnstalled on any other wall area, on
the roof of the canopy, on hghtmgpoles, or any otherportton of
the stte
5 No merchandtse shall be dtsplayed anywhere on the stte
The facthty shall be avadable only to members of the Sam's
Club If the operatton expands to tnclude the general pubhc, a
traffic tmpact study of the facthty shall be submttted for revtew
and approval to the Planntng Dtrector
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Virginia, on the Second of October, Two Thousand
One
October 2, 2001
-37-
Item V-J. 4.
PLANNING
ITEM # 48 722 (Continued)
Vottng 7-1 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr and Rosemary Wtlson
Counctl Members Voting Nay
Nancy K Parker
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
- 38-
Item V-J.$.
PLANNING
ITEM # 48 723
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of Apphcatton of COURTHOUSE COMMUNITY UNITED METHODIST
CHURCH for a Condtttonal Use Permit (renewal)
ORDINANCE UPON APPLICATION OF COURTHOUSE COMMUNITY
UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT
FOR A CHURCH EXPANSION (RENEWAL) ROI 0013078
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Courthouse Communtty Untted Methodtst
Church for a Condtttonal Use Permtt for a church expanston (renewal) on
the east side of Prtncess Anne Road, north of Curry Comb Court (GPIN
#1494-55-7644) Satd parcel ts located at 2708 Prtncess Anne Road and
contatns 6 328 acres DISTRICT 7 - PRINCESS ANNE
The followtng condtttons shall be requtred
The two extsttng modular units are approved for a pertod of two
years from the date of City Council approval The modular untts
shall be removedprtor to the termtnatton of thts two-yearpertod
The extsttng landscape screemng located around the untts shall
be supplemented wtth addtttonal wax myrtle shrubs between
those that have beenprevtouslyplanted The new shrubs shall be
a mtntmum of three feet htgh at planttng and shall be setback
three feet behtnd the extsttng row of shrubs The anttctpated
result ss a double row of staggeredplanttngs approxtmately three
feet apart along the full length of the south and east stdes of the
modular untts A mtnzmum nine-foot wtde mulched planttng bed
shall be installed around the shrubs The landscape bed and
addtttonal plants shall be tnstalled wtthtn one month of the date
of approval
Extsttng healthy mature trees along the front property hne
adjacent to Prtncess Anne Road, as shown on the submttted stte
plan, shall be retatned for the duration of the use of the modular
untts
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zomng Ordtnance
Adopted by the Councd of the Ctty of Vtrgmza Beach, Vtrgmta, on the Second Of October, Two Thousand
One
Vottng 8-0 (By Consen0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
October 2, 2001
Item VoJ. 6.
- 39-
PLANNING
ITEM # 48 724
Upon motton by Councdman Branch, seconded by Council Lady Parker, Ctty Counctl DEFERRED TO
CITY COUNCIL MEETING of November 13, 2001, an Ordinance upon apphcatton of SPRINT PCS for
a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SPRINT PCS FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION TO WER
Ordtnance upon Apphcatton of Sprint PCS for a Con&ttonal Use Permtt
for a commumcatton tower on the north side of Dam Neck Road, east of
General Booth Boulevard (GPIN #2425-45-3375) Satd parcel ss located
at 484 Dam Neck Road and contatns 4, 800 square feet DISTRICT 7 -
PRINCESS ANNE
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Voting Nay
None
Councd Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wdham D Sessoms, Jr
October 2, 2001
Item V-J. 7.
- 40-
PLANNING
ITEM # 48 725
Upon motton by Counctlman Branch, seconded by Counctl Lady Parker, Ctty Council ADOPTED an
Ordtnance upon apphcatton of EASTMINSTER PRESBYTERIAN CHURCH for a Condtttonal Use
Permtt
ORDINANCE UPONAPPLICA TION OF EASTMINSTER PRESBYTERIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE
EDUCATION CENTER RO10013079
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Apphcatton of Eastmtnster Presbytertan Church for a
Condtttonal Use Permtt for a chtld care educatton center on the west stde
of MacDonald Road, north of lndtan Rtver Road (GPIN #1446-96-2603)
Satdparcel ts located at 3229 MacDonald Road and contatns 5 acres more
or less DISTRICT 1 - CENTER VILLE
The followtng condtttons shall be requtred
Before operatton of the pre-school and the after-school program
commences, the church shall obtain all the necessarypermtts and
approvals from the Permits and Inspecttons Dtvtston of the
Planntng Department, the Ftre Department, and the Department
of Soctal Servtces A certtficate of occupancy shall be obtatned
for the change of use tn the butldmg
The student enrollment ts hmtted to a maxtmum of160 students
If the Permtts and Inspecttons Dtvtston of the Planmng
Department, the Ftre Department, or the Department of Soctal
Servtces sets a lesser enrollment than 160 as the maxtmum, then
that number shall govern the maxtmum allowed enrollment to the
use permtt
All ptck-up and drop-off of the children shall be accomphshed tn
the church parktng lot wtth no "sptll-over" traffic queutng onto
MacDonald Road or Justts Street
Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Second of October, Two Thousand
One
Vottng 8-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Wtlham W Harrison, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wdham D Sessoms, Jr
October 2, 2001
Item V-J. 8.
- 41 -
PLANNING
ITEM # 48726
Upon motton by Counctlman Branch, seconded by Council Lady Parker, City Counctl DEFERRED TO
CITY COUNCIL MEETING of October 23, 2001, Ordtnance upon apphcatton of OCEAN BAY
VENTURES, L.L.C. for a Condtttonal Change of Zomng
ORDINANCE UPON APPLICATION OF OCEAN BAY VENTURES,
L L C, A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-5D TO
CONDITIONAL A-24
An Ordtnance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta
hmtted habthty company, for a Change of Zontng Dtstrtct Classt_ficatton
from I-1 Ltght Industrtal Dtstrtct and R-5D Restdenttal Duplex Dtstrtct to
Condtttonal A-24 Apartment Dtstrtct on certatn property located at the
northwest corner of the Norfolk & Southern Railroad Right-of-Way and
Cypress Avenue (GPIN #2417-94-4482) The proposed zonmg
classtficatton change to Condtttonal A-24 ts for multt-famtly land use at a
denstty no greater than 24 dwelhng units per acre The Comprehenstve
Plan recommends use of these parcels for suburban restdenttal/medmm
and htgh denstty use Satd parcel contatns 2 89 acres more or less
DISTRICT 6- BEA CH
Vottng 8-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay.
None
Counctl Members Absent
Wtlham W Harrtson, ,Ir, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, ,Ir
October 2, 2001
- 42 -
Item V-L. 1
APPOINTMENTS
ITEM # 48 728
BY CONSENSUS, Ctty Council RESCHEDULED the followtng APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PRINCESS ANNE COMMONS STEERING COMMITTEE
October 2, 2001
- 43 -
Item V-L. 2
APPOINTMENTS
ITEM # 48 729
Upon NOMINATION by Councd Lady McClanan, Ctty Counctl REAPPOINTED:
Karl F. Morrison
3-Year Term
9/1/01 - 8/31/04
PUBLIC LIBRARY BOARD
Voting' 8-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Wdham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vice Mayor
Wtlham D Sessoms, Jr
October 2, 2001
Item V-M. 1.
- 44-
REQUEST TO RECONSIDER ITEM # 48730
The followtng spoke tn OPPOSITION to the apphcatton and tn SUPPORT of Reconstdertng same
Davtd Ltndsey, 5368 Provtdence Road 23464, Phon 424-5102, adjacent property owner
Thomas Ltndsey, 4564 Bob Jones Drtve 23462, Phone 467-0439, adjacent property owners
Edith Gordon Ltndsey, 4564 Bob Jones Drtve, Phone 467-0439
Upon motion by Counctlman Man&go, seconded by Counctl Lady Eure, Ctty Counctl ,4UTHORIZED
RE. dD VERTISING ~4ND SCHEDULED RECONSIDER/I TION FOR 6:00 PM November 13, 2001
Apphcatton of MILLER/P,4RKER,,ISSOCI/I TES, for the dtsconttnuance,
closure and abandonment of aportton of Lavender Lane at the tntersectton
of Lavender Lane and Potomac Street, runntng tn a southerly dtrectton a
&stance of 250 feet to the northern boundary of Cleveland Street,
contatntng 12,500 square feet (DISTRICT 2 - KEMPSVILLE) (Approved
September 25, 2001)
Thts apphcatton was approved with con&ttons on September 25, 2001
Vottng 8-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent'
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, dr
October 2, 2001
I
- 45 -
Item V-M.2.
ITEM # 48 731
CITY CLERK TO RECORD, B Y CONSENSUS, the ABSTRA CT OF CIVIL CASES RESOL VED -August
2001
October 2, 2001
- 46-
Item V-M.$.
ITEM # 48 732
CITY CLERK TO RECORD, B Y CONSENSUS, The Abstract of Votes, as recorded by the General
Regtstrar, from the SPECIAL ELECTION for the 14th State Senate Dtstrtct, held September 4,
2001
October 2, 2001
I
Item V-N. 1.
-47-
ITEM # 48 733
Former Mayor Louts R Jones entertatned a motton to permtt City Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
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 meettng would
adversely affect the bargatmng posttton or negottattng strategy of the
pubhc body pursuant to Sectton 2 1-344(A)(3)
Agrtcultural Reserve Program - Princess Anne Dtstrtct
A cqutsttton/Dtsposttton of Property
Beach Dtstrtct
Prtncess Anne Dtstrtct
Upon motion by Counctl Lady Wilson, seconded by Counctlman Branch, Ctty Counctl voted to proceed
tnto CLOSED SESSION.
Vottng 8-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker, and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W Harrtson, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
(Time of Closed Session: 8:25 P.M. to 9:27 P.M.)
October 2, 2001
- 48-
ITEM # 48 734
Former Mayor Louis R Jones RECONVENED the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, October 2, 2001,
at 9 27PM
Council Members Present
Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K
Parker, and Rosemary Wilson
Council Members Absent
Wilham W Harrison, Jr, Mayor Meyera E Oberndorf and Vice
Mayor Wilham D Sessoms, Jr
October 2, 2001
- 49-
Item V-E
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48 735
Upon motton by Councdman Man&go, seconded by Councdman Branch, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were &scussed tn Closed Sesston to
whtch thts certtficatton resolutton apphes,
AND,
Only such pubhc busmess matters as were tdenttfied tn the motton
conventng the Closed Session were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 8-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K
Parker, and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Wtlham W. Harrtson, Jr, Mayor Meyera E Oberndorf and
Mayor Wtlham D Sessoms, dr
Vice
October 2, 2001
I
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~nia Beach C~ty Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48733, page 47, and ~n accordance w~th the
prowsions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of V~rgima requires a certification by the
governing body that such Closed Session was conducted ~n confonmty w~th V~rgmm taw.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach C~ty Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
whmh this certfficatlon resolution applies; and, (b) only such public bttslness matters as were
~dentified in the motion convemng this Closed Session were heard, discussed or considered by
V~rg~nia Beach City Councd.
Rr~h Hodges Smffh, I~IMC
C~ty Clerk
October 2, 2001
- 50-
Item V-N.
ADJOURNMENT
ITEM # 48736
Former Mayor Louts R Jones DECLARED the City Counctl Meeting ADJOURNED at 9:28 P.M.
~~-Beverly O~ Ho~o~~¢ff-'~/
Chtef Deputy City Clerk
Louts R Jones
Counctl Member
Baystde -Dtstrtct 4
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtma Beach
Vtrgtnta
October 2, 2001