JULY 7, 1998 MINUTESCit3r of ¥ix-gixai~
ClT~ COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
· MAYOR WILLIAM D. SES$OMS. JR.. At-Large
OD O. BRANCIt II!, District 6 - Beach
}.zn,,~ARETL Et]RE, District I - Centern,ille
WII, J,.IAM W. ItdRRISON. JR.. District $ - Lynnhaven
HAROLD HEISCHOBER. At-Large
BARBAR.,4 M. HENLEY, District 7 - Princess Anne
LOt]IS R. JONES. District 4 - Bayside
REBA $. McCLANAIg, District $ - Rase Hall
NANCY K. PARKER. At-Large
,4. M. (DON) WEEKS. District 2 - Kernpsville
JAMES K. SPORE, City Manager
i LESL~E L. MILE}', City Attorney
!RUTH HODGES SMITH, CMC/AAE. CiO' Clerk
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL. AGENDA
CIIT IIALL BUILDING I
2401 COl 'RIIlOUSE DRII'E
I'IRGIVI ~ BE.4Ctf. I TRGINIA 23456.900.~
PIIONE (757) 427-4303
FAX' (757) 426-.5669
EMAll. CT}'CN( L(~CITY VIRGINI,q-BEACII i'4 tis
JULY 7, 1998
CITY MANAGER'S BRIEFINGS
- Conference Room -
SCHOOL MODERNIZATION
Anthony L. Arnold, Director of Facilities Planning and Construction
SEAWALL PROJECT
Phill Roehrs, P.E., Coastal Engineer, Department of Public Works
JET SKI REGULATIONS
Randy Blow, Assistant City Attorney
9:30 AM
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
12:30 Pig
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
to-°
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 P~
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Rabbi Aaron Margolin
Chabad Lubavitch of Tidewater
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL
Presiding:
The Honorable J. Curtis Fruit
Clerk of the Virginia Beach Circuit Court
1. OATH OF OFFICE TO MEMBERS OF CITY COUNCIL
2. ELECTION OF VICE-MAYOR
3. OATH OF OFFICE TO VICE MAYOR
FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL
Mayor Meyera E. Obemdorf, Presiding
H. MINUTES
1. INFORMAL & FORMAL SESSIONS
June 23, 1998
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
J. PRESENTATION
BACK BAY NATIONAL WILDLIFE REFUGE
REVENUE SHARING IN LIEU OF TAXES
The Honorable Owen Pickett, United States Congress
John Stasko, Refuge Manager, Back Bay National Wildlife Refuge
K. PUBLIC HEARINGS
1. NEW ELECTION PRECINCT (DAHLIA) AND ITS POLLING PLACE
2. LEASE OF CITY-OWNED PROPERTY: FARMER'S MARKET
L. ORDINANCES/RESOLUTION
Ordinance to AMEND Section 10-1 of the City Code by establishing a new election
precinct (Dahlia) and its respective polling place.
Ordinance to AUTHORIZE the City Manager to lease City Property known as Space #11
of the Farmer's Market to ANDREW KRUEGER, JR., T/A FIVE A DAY.
Ordinances re Community Service Board:
ao
DESIGNATE the Virginia Beach Community Services Board as an
Administrative Policy Board and to provide for the Board's participation in the
appointment and annual performance evaluation of its Executive Director.
b. RATIFY amendments to the Bylaws.
AMEND Sections 2-316, 2-317 and 2-318 of the City Code re the Department of
Mental Health, Mental Retardation and Substance Abuse Services to reflect changes
to the Code of Virginia.
Ordinances to AMEND the FY 1998-1999 Operating Budget of the Department of Housing
and Neighborhood Preservation re funds received from the United States Department of
Housing and Urban Development (HUD); and, estimated federal revenue be adjusted
accordingly:
ao
ACCEPT and APPROPRIATE $508,073 in Section 8 revenue to provide additional
Section 8 rental units.
DECREASE the budget by $98,976 to reflect decreased amounts of available
federal revenue from the Community Development Block Grant program.
Co
ACCENT and APPROPRIATE $65,000 grant revenue to fund housing
opportunities for persons with AIDS.
do
ACCEPT and APPROPRIATE $63,200 in Home Program Revenue to
rehabilitate and repair homes of persons with low to moderate incomes.
eo
ACCEPT and APPROPRIATE $37,000 in Emergency Shelter Grant (ESG)
revenue re Emergency Shelter programs.
Ordinance re a Cooperative Agreement between City Council and the Virginia Beach
School Board re provision of legal services to the Board by the Office of the City Attorney
in Fiscal Year 1998-1999.
Ordinances to authorize temporary encroachments:
ao
Into a portion of the City's right-of-way by the CONTEMPORARY ART
CENTER OF VIRGINIA re constructing and maintaining an identification sign
at 23ra Street and Parks Avenue (BEACH DISTRICT).
bo
Into a portion of the City's 50' drainage easement over the canal by NANCY
HANSEN re constructing and maintaining a wooden bulkhead and maintaining an
existing bulkhead and deck at 2225 Admiral Circle in Cape Henry Shores
(LYNNHAVEN DISTRICT).
Into a portion of the City's right-of-way at 5th Street, 6th Street and Atlantic Avenue
by PROFESSIONAL HOSPITALITY RESOURCES acting as agent for the unit
owners' association of Beach Quarters, a resort hotel condominium, re constructing
and maintaining a 2" fiber optic conduit (BEACH DISTRICT)
do
Into a portion of the City's variable width utility easement by RIVERANNE,
L.L.C., re constructing and maintaining an eighteen (18) inch storm drainage pipe
adjacent to Princess Anne Road just North of Lord Dunmore Drive (KEMPSVILLE
DISTRICT).
Resolution to endorse Hampton Roads Council Navy League of the United States' as the
Local Community Sponsor for the NIKE TOUR beginning in the year 2000. (Sponsored
by Vice Mayor W. D. Sessoms, Jr.)
8. REFUNDS:
a. License- $ 4,750.59
b. Tax - $10,376.16
Mo
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of KIMBERLY P. and KRISTEN A. RYBERG for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet
all requirements of the Zoning Ordinance, at 3401 West Neck Road (PRINCESS ANNE
DISTRICT)
Recommendation:
APPROVAL
Applications of SPRINT, PCS, C. E. FOREHAND III for Conditional Use Permits for
unmanned communication towers at:
ao
Southwest comer of North Landstown Road and Recreation Drive, containing 31.561
acres (PRINCESS ANNE DISTRICT).
Southwest comer of Pleasant Valley Road and Smyrna Circle (1301 Smyrna Circle),
containing 13,000 square feet (CENTERVILLE DISTRICT).
Recommendations:
APPROVAL
Application of MUMA GOOSE, LTD., for a Conditional Use Permit for automobile and
trailer sales on the South side of Witchduck Road, West of Jericho Road (4861 N. Witchduck
Road), containing 14,000 square feet (BAYSIDE DISTRICT).
Recommendation:
APPROVAL
No
APPOINTMENTS
AIRPORT AUTHORITY
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH TOWING ADVISORY BOARD
O. UNFINISHED BUSINESS
P. NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - JUNE 1998
Q. ADJOURNMENT
ANNUAL COUNCIL RECESS
JULY 15 - JULY 31, 1998
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
07/01/98BAP
AGENDA\07-07-98.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 7, 1998
Councilman Heischober called to order the CITY MANAGER 'S BRIEFINGS in the Council Conference
Room, City Hall Building, on July 7, 1998, at 9:30 A.M.
Council Members Present:
Margaret L. Eure, Harold Heischober, Louis R. Jones, Reba S.
McClanan and A. M. "Don" Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf
Vice Mayor William D. Sessoms, Jr.
Linwood O. Branch, III
William IV. Harrison, Jr.
Barbara M. Henley
Nancy K. Parker
lin Conference with citizens
in her office]
[ENTERED: 11:18 P.M.J
[ENTERED: 9:35 A.M.]
[ENTERED: 9:40 A.M.]
[ENTERED: 9:40 A.M.]
[ENTERED: 9:38 P.M.]
[JAMES MADISON UNIVERSITY
with daughter for orientation]
-2-
CITY MANAGER'S BRIEFING
SCHOOL MODERNIZATION
9:30/1.M.
ITEM # 43 751
Anthony L. Arnold, Director of Facilities Planning and Construction, introduced Roger L. Beale, Project
Architect - Bayside Elementary School, John B. Maddux, Jr. Architect - W.T. Cooke Elementary School,
Jack K. Todd, Principal - Waller, Todd and Sadler, William W. Schwegler, Project Architect - Waller, Todd
and Sadler, Daniel C. Dills, Principal - Dills, Ainscough and Duff and Donald W. Bahlman Jr., Staff
Architect involved in all the modernization studies. In the 1996-97 Capital Improvement Program, City
Council APPROPRIATED $400,000 to study eight of the oldest Elementary Schools. This process entailed
approximately nine months and resulted in a proposed referendum last Fall of approximately $63.5-
MILLION. City Council decided not to act upon this last Fall. This was a wise decision as there was not
enough time to market a referendum which involved only 8 schools. The recent proposal is more
comprehensive. City Council did ADOPT an Ordinance in September 1997, which funded the construction
of W. T.. Cooke, which bid last week, is under budget and will start construction in approximately 2 weeks.
Originally, City Council funded the design of the first four elementary schools: Creeds, Bayside , Shelton
Park and Thalia Elementary Schools. These four schools are the first phase of the seventeen (17) school
modernization projects under design at the present time. An Independent Review Committee was appointed,
chaired by Dr. E. E. Brickell. Mr. Arnold distributed three documents: "Proposed School Modernization
Referendum - November 3, 1998" the "Virginia Beach City Public Schools Referendum" and the
"Report of the Independent Review Committee", which are hereby made a part of the record.
On June 16, 1998, the School Board ADOPTED a Resolution requesting City Council initiate a Voter
Referendum on November 3, 1998, for the modernization of l 7 of the oldest elementary schools at an
estimated cost of $132,821,674. Old Donation was eliminated from the proposal. A significant amount of
time and effort has been involved in the process. The Independent Review Committee held fourteen (14)
meetings and expended over three hundred man hours to prepare a comprehensive analysis' and study of the
School Bond Referendum proposal. The School Board staff spent in excess of150 man hours in meeting with
the Independent Review Committee and responding to their seventeen (17) questions. The staff's responses
generated over 70 pages of documentation. Mr. Arnold cited statements from the Independent Review
Committee Report. The Committee was charged with ensuring that "the scope and cost of the
renovation/reconstruction projects are essential and sustainable within educational needs and resources".
The goals of the Board as determined by the Review Committee:
To extend the usable life of each school by a minimum of
twenty-five years.
To bring each of the seventeen schools to the physical
standards of the Board's "prototype" elementary schools
(Christopher Farms/Linkhorn Park~Newcastle/Seatack)
To ensure the safety and physical well-being of students.
The Board has set for itself a moving target, since programmatic and other changes are as inevitable in the
next few years, as they have been in the past. Given the ever-evolving nature of education, there can be no
final solution in school facility construction, a fact that should be recognized by all. It was the conclusion
of the Independent Review Committee that staff research and planning were completed in a thorough and
professional manner. If one accepts as valid the Board's goal of bringing all elementary schools to the
physical level of its new prototype school, then the conclusion is that the space recommendations are a step
toward meeting that goal, while recognizing that this will no doubt change in the foreseeable future.
Construction costs are subject to a number of variable factors, any of them out of the control of the affected
agency, in this case, of course, the School Board. The Committee was advised before the proposal was
submitted to the School Board, school staff had reduced the requests of the individual school committees
by a total of $4,500, 000. The Committee also suggested the proposed contingency fund for each project be
re-examined forpossible reducing. The Committee believed the decision to replace W. T. Cooke Elementary
School was a wise and judicious one. The Committee requested that the School Board take one more hard
look at Bayside Elementary School with a view toward replacement rather than modernization. The
Virginia Beach community has been most supportive of its school system, and with the cooperative efforts
of City Council and School Board, conjoined with a total sharing of information and data among all
interested parties, the Committee was confident that this support would manifest itself positively on the
appropriate occasion and at the appropriate time
-3-
CITY MANAGER'S BRIEFING
SCHOOL MODERNIZATION
ITEM # 43 751 (Continued)
Mr. Arnold advised each school involved in the proposed modernization was responsible for developing a
School Facilities Committee, consisting of staff, the principal, PTA, parents and School Planning Councils.
Dr. Betty Jean Meyers, Resource Management, was in attendance at every meeting. The proposed school
modernization referendum is the result of twenty-one months of planning with staff, three teams of architects
and engineers, and, most importantly, the staff and communities of the seventeen elementary schools. The
average age of these seventeen buildings is approximately thirty-eight years and they are long overdue for
attention. The three architectural firms are all recognized leaders in the design of educational facilities. In
fact, the six schools studied by Waller, Todd & Sadler were the original elementary prototype designed by
John Waller in the 1960's. Every effort has been made to be consistent at all seventeen schools, both in
terms of physical and programmatic shortcomings. The proposal to modernize these schools is the first time
Virginia Beach City Public Schools has developed a comprehensive approach to extending the useful life
of the City's infrastructure. There have been two (2) public forums regarding creating a partnership
between the public library system, the community and Schools at Creeds Elementary School. Included in the
Creeds project is approximately $450,000, combined with the modernization project, to construct a public
library physically connected with the Creeds School. This provides the opportunity for the library to be open
in the evening for joint utilization with the Computer lab. There is approximately $85,000 additional square
feet involved in the seventeen schools, which averages 22, 700 square feetper school. There are 60portable
classrooms located at the seventeen schools. As long as programs do not change and the scope of the
projects is not downsized, Mr. Arnold is confident that these 60portable classrooms will be eliminated with
the completion of the modernization. Changes in programs cannot be controlled, but there is enough
flexibility built in to handle this. Relative the classroom addition initiative, City Council funded $33-
MILLION of classroom additions at fifteen (15) schools. 125 portable classrooms have been eliminated
from these schools. They are located elsewhere in the school division for a variety of reasons (K-3, Special
education, et cetera). A parcel of property has been secured in Oceana with the idea of storing excess
portables. Seventy to eighty portable classrooms will be necessary to facilitate the construction of these
seventeen (17) schools. There have not been any portable classrooms purchased in the last four years.
ELEMENTARY SCHOOL MODERNIZATION PROGRAM
PROPOSED IMPLEMENTATION SCHEDULE
PHASE I
Creeds, Bayside, Shelton Park, and Thalia Elementary Schools
Design 01/98 -11/98
B id/A ward 12/98 -03/99
Construction 06/99 -06/01
PHASE H
Woodstock, Kempsville Meadows, and Louise Luxford Elementary Schools
Design 01/99 -11/99
B id/A ward 12/99 -03/00
Construction 06/00 -06/02
PHASE III
Kempsville, Malibu, Pembroke and Lynnhaven Elementary Schools
Design 01/00 -11/00
Bid/Award 12/00 -03/0I
Construction 06/01 -06/03
PHASE IV
Trantwood, Hermitage and Arrowhead Elementary Schools
Design 01/01 -11/01
Bid/Award 12/01 -03/02
Construction 06/02 -06/04
PHASE
Windsor Woods, Brookwood and Pembroke Meadows Elementary Schools
Design 01/02 -11/02
B id/A ward 12/02 -03/03
Construction 06/03 -06/05
July 7, 1998
-4-
CITY MANAGER'S BRIEFING
SCHOOL MODERNIZATION
ITEM # 43751 (Continued)
Construction on the final phase will be completed by the middle of 2005, or within six and one-half years
of the proposed 1998 Referendum, which is in keeping with City Council's request that the 17 schools be
completed in five to seven years. Inflation rates of six percent were used for year one and three percent for
years two and beyond. Although these inflation rates are relatively low, they still have a dramatic effect on
a project budget, particularly for the schools planned for phases three through five. There is 8-1/2-
MILLION square feet of inventory and it gets older. In 2005, 8 elementary schools will be the average age
of 30 years and will need attention. Last year, the School Board requested review of the Middle Schools.
These schools have not been addressed. The comprehensive approach of reviewing the infrastructure is
the most efficient, least expensive way of maintaining the buildings, rather than going back every two or
three years.
Cathy Phipps, Assistant Superintendent for Media and Communications Development, advised her
department would be the point contact for the public information campaign for the Referendum. Mrs. Phipps
advised the Wessex Group, Ltd. from Williamsburg prepared a Voter Opinion Survey.
Suzanne Huddleston, Vice President- The Wessex Group, with the utilization of slides, presented information
relative the Voter Opinion Survey. Fifty percent of the individuals polled had children living at home. Of
the 300 respondents, 39% have children in the Public School System. This is a very important group
regarding support for the Referendum. In the general population, only approximately 2% of the
households have children in the public school system 5% have children in private school
To interested respondents, the survey commenced with a question about Virginia Beach in general: "Most
Important Challenge Facing the City?" Of older respondents (56years +) 38% cited schools as the most
important challenge facing the city. In comparison of younger respondents (under age 56) 30% cited schools
as the most important challenge. Relative the Most Important Challenge Facing Public Education,
approximately 28% advised "more teachers ". The other issues cited:
DrugsA~iolence 14%
Academics 9%
Bureaucracy 6%
Discipline 4%
Other 39%:
Mrs. Huddleston cited the question of Dr. Jenney:
"WHERE SHOULD PUBLIC SCHOOLS PUT THEIR MONEY FIRST?"
"Fix the schools, need more computers"
"Make the classrooms smaller"
"More classrooms, more teachers"
"Getting quality teachers"
"Books, computers"
"Need to update our schools in terms of buildings"
"Not having trailers"
Relative the question "Overall, how would you rate the quality of education provided by Virginia Beach
Public Schools?", 65% advised the quality was either excellent or good. Those with children in Virginia
Beach Public Schools are more than twice as likely as other respondents to have a rating of Excellent.
"ARGUMENTS "VERY CONVINCING" IN Favor of Referendum"
Crowded Classrooms 69%
Life Safety 64 %
Leaky Roofs 61%
HVAC 52%
Classes in non- 41%
Instructional Space
Inadequate lighting 41%
Undersized Libraries 39 %
None "Very Convincing" 8%
-5-
CITY MANAGER'S BRIEFING
SCHOOL MODERNIZATION
ITEM # 43 751 (Continued)
33% would be very likely to support a real estate tax increase of $0.036. 43% of those with children in
public schools very likely to support (vs. 27% of those with no children in public schools). 41% of renters
very likely to support (vs. 32% of home owners). 38% Caucasian respondents very likely to support (vs.
14% of minorities) 40% aged 36-55 very likely to support (vs. 25% of younger people & 33% of older
people) 40% with incomes higher than $50, O00 p/year very likely to support (vs. 30% of those with lower
household incomes). 50% were in favor of the Proposed Public Library Referendum - $0. 034 Tax increase.
70 % still support School Referendum even with competition from public libraries. In the questionnaire, a
lower tax increase made very little difference.
"WHY RESPONDENTS ARE HESITANT TO SUPPORT A TAX INCREASE OF $0.036 FOR
SCHOOLS".
Don't want tax increase 30%
Use lottery funds instead 2 7%
Schools would waste money 16%
Don't have children in public school 12%
City shouM reallocate funds 7%
Don't think repairs needed 1%
Other 17%
Don't know 5%
WHO NEEDS TO BE "TARGETED" (convinced that the referendum is a worthwhile cause)?
Homeowners
Those who do not have children
in the public school system
Retirees
Minorities
Those with less education than a
4-year college degree
Those with annual household incomes of less than $50,000
WHO IS MOST LIKELY TO VOTE IN NOVEMBER?
Male
College educated
Older (age 36 or older)
Residents of following ZIP Codes:
23451 (Districts of Bayside, Lynnhaven, Virginia Beach)
23462 (Districts of Bayside, Kempsville)
WHO FAVORS THE SCHOOL REFERENDUM BUT NEEDS TO BE CONVINCED TO VOTE?
Women
Younger people (age 18-35)
Those with children in public school
Residents of ZIP Codes with
high concentrations of public
school children:
23452
23454
23456
23464
35% of all respondents would consider volunteering to help Virginia Beach Public Schools promote the
referendum. About 'half of this group does not have children in the public school system. 87% of those who
would consider volunteering (30% of all respondents) gave The Wessex Group permission to forward their
name and telephone number to Virginia Beach Public Schools. The City Attorney advised the Attorney
General has stated the public can be educated with no limitations; however, they can not be urged to vote:
"Yes" or "No ". Advertisements cannot say "Vote Yes"for the School Referendum.
-6-
CITY MANAGER'S BRIEFING
SCHOOL MODERNIZATION
ITEM # 43751 (Continued)
The City Attorney advised Assistant City Attorney John Newhart is the Public Education Attorney with an
office located in the School Administration Building. A Referendum Committee has been formed internally
to be prepared to respond to City Council's inquiries with respect to Referendum questions
The City Manger advised the Friends of the Library have requested to make a presentation to City Council
on July 14, 1998.
Approximately 365 portables are being utilized and the information regarding their specific uses i.e. special
education, art, music, et cetera shall be provided to City Council.
July 7, 1998
-7-
CITY M/INAGER'S BRIEFING
SEA WALL PROJECT
10:43 A.M.
ITEM # 43 751
Phil Roehrs, P.E., Coastal Engineer - Department of Public Works, advised the Seawall Project is divided
into 8 separate contracts, two of which have been completed: Rudee Inlet to Eight Street Segment and the
43ra to 58a Street Segment. The City is currently underway with the third contract, the Sixteenth Street
Pump Station. £ast year there was a delay. The Federal Budget was late in being approved and the funding
did not become available until December. At the same time, the Federal Of/rice of Management and Budget
changed the Federal procurement rules temporarily. £ast year, the Corps of Engineers suspended what they
called continuing contracts. This is not done within the City, all the funds are in the bank prior to the
execution ora contract. The City had three contracts for bid last year and had to pull two of them. The City
was going to initiate the 42na Street Pump Station and what was then the 27~ to 37~ Street Boardwalk and
Seawall Section. Th ispolicy was reversed and with a strong Federal appropriation this year, it appears the
project will be "back on track". Mr. Roehrs extended appreciation to Robert Matthias, Assistant to the City
Manager.
At the present time, there are two contracts advertised for bid in August: 42~ Street Pump Station and a
revised scope of work for 32~ to 40th Street. Therefore 32"d Street to 40th Street will be under construction
all winter long. Also, at the same time this winter, the City will commence the first heavy construction on the
16tn Street and the 42"d Street Pump Stations. These are two-year contracts. The procurement of steel for
the work is becoming a critical path item. United States manufacturers do not currently make steel sheet
piles. There is only one manufacturer in the world who manufactures the sheet pile which this project
requires. There is a 90-120 day lead time necessary from the time the contractor places the order with the
factory until the sheets actually get delivered. Therefore, with an October First construction start, the
contractor will not have enough time to have the steel ordered and delivered in time to complete the work
in May. The City staff is working with the supplier, the manufacturer and the Corps of Engineers to attempt
to have this steel procured so the process can be accelerated. Negotiations will continue this week. It
appears the staff will be able to order the steel but when the contract is awarded, the contractor will assume
the order for the steel. The Federal government's appropriation appears to be in the $16-17-MILLION
range for FY 1999. Hopefully support will be received to complete the project and appropriations in FY
2000 and perhaps 2001 to actually complete the project. With a positive outlook on FY2000 appropriations,
next winter could be very busy. There are three contracts which could be accomplished next winter:
8tn to 16~ Street
16'~ to 24'~ Street
24tn to 32"d Street
If this can be completed, all the contracts in the project will be completed. Just the sand element (beach
berm) of the project will remain. Also, if appropriations are strong enough in the year 2000, the City may
be able to initialize the beach berm in May 2000. There is a possible project completion in May 2000.
However, it is probably more likely the beach berm will be completed in the year 2001.
Vice Mayor Sessoms extended appreciation to Senator John Warner, Congressman Owen Pickett, and
Robert Matthias, Assistant to the City Manager, for their efforts regarding these Federal appropriations.
Regarding the North End drainage project, Mr. Roehrs advised this drainage ties into the Seawall project
through the 64ta Street Pump Station and has been facilitated in the 43~ to 58tn Street project by installing
the main trunk collector. In three instances, the stubs have been actually installed out to the streets.
Therefore, this project is set to go. A schedule will be provided. The Sandbridge project is ahead of schedule.
The Western Branch project will be advertised for bid this month. Bids will be opened in August with award
in September and, hopefully, commence work this September. Of the three firms which have expressed
interest in the bid, they have expressed interest primarily because of the ancillary work. Through the
regulatory difficulties, the project scope has been reduced from 200,000 cubic yards to under 150,000 cubic
yards volume to be dredged.
July 7, 1998
-8-
CITY MANAGER'S BRIEFING
JET SKI REGULATIONS
ll:12 A.M.
ITEM # 43752
Vice Mayor Sessoms advised relative Jet Skis, there was a young person killed in Chesapeake and an
accident recently occurred at the State Park Assistant City Attorney Randy Blow, advised many of the
personal watercraft laws enacted by the 1998 General Assembly were derived from the recommendations
of the Jet Ski Advisory Committee, Chaired by Vice Mayor Sessoms with Council Lady McClanan serving
as Vice-Chair. Appreciation was extended to Delegate Purkey and Senator Stolle for their legislative effort
in the 1998 General Assembly.
Assistant City Attorney Blow advised the legislation effective July 1998:
Businesses in Virginia Beach that provide personal watercraft for rent
must place the letter "R" (at least 8.5 x 11 inches) on both sides of each
rental personal watercraft.
Local governments are authorized to have ordinances establishing
standards for insurance coverage for any business thatprovides personal
watercraft for rent.
Insurers providing boating liability policies will be required to offer the
option of purchasing uninsured operator coverage.
The Department of Conservation and Recreation is authorized to regulate
the launching of personal watercraft from Seashore State Park/First
Landing State Park in Virginia Beach. **
Every General District Court or Circuit Court or the Clerk thereof shall
forward records of those convicted with boating under the influence to the
Department of Motor Vehicles. The Department of Motor Vehicles shall
maintain those records and make them available to law-enforcement
officers.
The remainder are effective January 1, 1999:
A person shall be guilty of reckless operation who operates anypersonal
watercraft recklessly or at a speed or in such a manner so as to endanger
the life, limb or property of any persons, which shall include, but not
limited to: (1) weaving through vessels that are underway, stopped, moored
or at anchor while exceeding a reasonable speed under the circumstances
and traffic conditions existing at the time; (2)following another vessel or
person on water skis and similar device, crossing the path of another
vessel, or jumping the wake of another vessel more closely than is
reasonable and prudent, having due regard to the speed of both vessels and
the traffic on and the condition of the waters at the time; (3) crossing
between the towing vessel and a person on water skis or other device; or
(4) steering toward an object or person and turning sharply in close
proximity to such object or person in order to spray or attempt to spray the
object or person with the wash or jet spray of the personal watercraft
(Note: Such motorboat operation as described is already considered
reckless operation, punishable by a fine up to $2,500 and up to one year in
jail. Effective with this change on January 1, 1999, personal watercraft
operators convicted of a second or subsequent offense shall lose their
personal watercraft operating privileges for a period of twelve months).
It shall be unlawful for any person to operate a personal watercraft, or the
owner or any person having control to authorize or knowingly permit a
person to operate a personal watercraft, unless the operator is at least
sixteen years of age, except any person age fourteen or fifteen may
operate a personal watercraft if they have successfully completed an
approved boating safety education course, carry proof of successful
completion of such course, and show this proof upon request by a law-
enforcement officer.
July 7, 1998
-9-
CITY
M/INA GER 'S BRIEFING
JET SKI REGULATIONS
ITEM # 43752 (Continued)
It shall be unlawful to operate any personal watercraft greater than "no
wake"* speed when within ftfty feet or less of docks, piers, bathhouses,
boat ramps, people in the water, and vessels other than personal
watercraft. This change does not prohibit the pulling ora skier with a rope
of less than 50feet in length.
Personal watercraft rental businesses will be required to provide
instruction to those who rent their vessels on safe operating requirements.
Watercraft demonstrators (those employed or contracted by a watercraft
dealer to demonstrate watercraft to prospective buyers) must be licensed
effective January 1, 1999.
Watercraft demonstrators, salesmen, and those who rent personal
watercraft to others wiil be required to pass a boating safety course. There
are some provisions in this law to allow testing in lieu of education prior
to December 31, 1998, and a grace period for certain employees after
January 1, 1999.
*No wake shall be defined as the slowest possible speed required to maintain steerage and headway.
**The Delegates anticipated these regulations could go into effect immediately; however, the Department
of Conservation and Recreation has taken the position that these regulations have to go through the
Administrative Process Act, which will be time consuming and the implementation will be delayed. Some of
the Delegates are attempting to have the Department take a different approach and treat this as an
emergency.
Vice Mayor Sessoms referenced the request for a Conditional Use Permit for any new jet sM operations.
Assistant City Attorney Blow advised this will be SCHEDULED for a City Council Session in August.
July 7, 1998
- 10-
AGENDA RE VIE W SESSION
ll:30 A.M.
ITEM # 43 753
L.2. Ordinance to AUTHORIZE the City Manager to lease City
Property known as Space #11 of the Farmer's Market to
ANDREIV KRUEGER, JR., T/A FIVE A DAY.
Council Lady Henley wished to ABSTAIN on this item, as the applicant purchases produce from the Henley
Farm.
ITEM # 43754
Ordinances to AMEND the FY 1998-1999 Operating Budget of the
Department of Housing and Neighborhood Preservation refunds received
from the United States Department of Housing and Urban Development
(HUD); and, estimated federal revenue be adjusted accordingly:
a. ACCEPTandAPPROPRIATE $508,073 in Section 8 revenue to
provide additional Section 8 rental units.
DECREASE the budget by $98,976 to reflect decreased
amounts of available federal revenue from the Community
Development Block Grant program.
c. ACCENT and APPROPRIATE $65,000 grant revenue to fund
housing opportunities for persons with AIDS.
ACCEPT and APPROPRIATE $63,200 in Home Program
Revenue to rehabilitate and repair homes of persons with low to
moderate incomes.
e. ACCEPT and APPROPRIATE $3 7, 000 in Emergency Shelter
Grant (ESG) revenue re Emergency Shelter programs.
Council Lady McClanan advised part of the Ordinances are based on single family homes and the others
are based on amount of money. Andrew Friedman, Director of Housing and Neighborhood Preservation,
advised these ordinances are adjustments to the overall budget and do not change the nature of the
programs, which City Council has already approved in the Operating Budget.
ITEM # 43 755
L. 6. Ordinance to authorize temporary encroachment:
Into a portion of the City's right-of-way by the
CONTEMPORARY ART CENTER OF VIRGINIA re
constructing and maintaining an identification sign at 23rd
Street and Parks Avenue (BEA CH DISTRICT)..
Council Lady McClanan will vote a NA Yon this item as she does not agree with the sign which is proposed
to be on two poles.
-11-
AGENDA RE VIE W SESSION
ITEM # 43 756
LT.
Resolution to endorse Hampton Roads Council Navy League of
the United States' as the Local Community Sponsor for the
NIKE TOUR beginning in the year 2000. (Sponsored by Vice
Mayor W. D. Sessoms, Jr.)
Vice Mayor Sessoms wished this item DEFERRED INDEFINITELY as he received a telephone call
advising there is someone else very interested in assuming sponsorship.
ITEM # 43757
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTIONS
L1
Ordinance to AMEND Section 10-1 of the City Code by
establishing a new election precinct (Dahlia) and its respective
polling place.
L.2
Ordinance to AUTHORIZE the City Manager to lease City
Property known as Space #11 of the Farmer's Market to
ANDREW KRUEGER, JR., T/A FIVE A DAY.
L. 3 Ordinances re Community Service Board:
DESIGNATE the Virginia Beach Community Services Board as
an Administrative Policy Board and to provide for the Board's
participation in the appointment and annual performance
evaluation of its Executive Director.
b. RATIFY amendments to the Bylaws.
AMEND Sections 2-316, 2-317 and 2-318 of the City Code re the
Department ofMental Health, Mental Retardation and Substance
Abuse Services to reflect changes to the Code of Virginia.
L.3.
Ordinances to AMEND the FY 1998-1999 Operating Budget of
the Department of Housing and Neighborhood Preservation re
funds received from the United States Department of Housing
and Urban Development (HUD); and, estimated federal revenue
be adjusted accordingly:
a. ACCEPTand APPROPRIATE $508,073 in Section 8 revenue to
provide additional Section 8 rental units.
DECREASE the budget by $98,976 to reflect decreased
amounts of available federal revenue from the Community
Development Block Grant program.
c. ACCEPT and APPROPRIATE $65,000 grant revenue to fund
housing opportunities for persons with AIDS.
ACCEPT and APPROPRIATE $63,200 in Home Program
Revenue to rehabilitate and repair homes of persons with low to
moderate incomes.
e. ACCEPT and APPROPRIATE $37,000 in Emergency Shelter
Grant (ESG) revenue re Emergency Shelter programs.
L. 5
Ordinance re a Cooperative Agreement between City Council
and the Virginia Beach School Board re provision of legal
services to the Board by the Office of the City Attorney in Fiscal
Year 1998-1999.
- 12-
AGENDA RE VIE W SESSION
ITEM # 43 757 (Continued)
L.6. Ordinances to authorize temporary encroachments:
ao
L. 7
Into a portion of the City's right-of-way by the
CONTEMPORARY ART CENTER OF VIRGINIA re
constructing and maintaining an identification sign at 23ra
Street and Parks Avenue (BEA CH DISTRICT).
Into a portion of the City's 50'drainage easement over the canal
by NANCY HANSEN re constructing and maintaining a wooden
bulkhead and maintaining an existing bulkhead and deck at
2225 Admiral Circle in Cape Henry Shores (LYNNHAVEN
DiStRICt).
Into a portion of the City's right-of-way at 5th Street, 6th Street
and Atlantic Avenue by PROFESSIONAL HOSPITALITY
RESOURCES acting as agent for the unit owners' association
of Beach Quarters, a resort hotel condominium, re constructing
and maintaining a 2"fiber optic conduit (BEACH DISTRICT)
Into a portion of the City's variable width utility easement by
RIVERANNE, L.L.C., re constructing and maintaining an
eighteen (18) inch storm drainage pipe adjacent to Princess
Anne Road just North of Lord Dunmore Drive (KEMPSVILLE
DISTRICT).
Resolution to endorse Hampton Roads Council Navy League of
the United States' as the Local Community Sponsor for the
NIKE TOUR beginning in the year 2000. (Sponsored by Vice
Mayor W. D. Sessoms, Jr.)
L. 8 REFUNDS:
a. License - $ 4,750.59
b. Tax - $10,376.16
Council Lady Henley will ABSTAIN on Item L.2.
Council Lady McClanan will vote NAY on Item 6. a.
Item L. 7. will be DEFERRED INDEFINITELY B Y CONSENT.
July 7, 1998
- 13-
AGENDA RE VIEW SESSION
ITEM # 43758
M. 1 Application of KIMBERL Y P. and KRISTEN A. RYBERG for
a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires aH lots created by subdivision to meet aH requirements
of the Comprehensive Zoning Ordinance, at 3401 West Neck
Road (PRINCESS ANNE DISTRICT
Council Lady Henley requested this item be discussed during the Formal Session. Council Lady Henley
expressed concern as she did not see this as a lot which would be good for further subdivision. The residents
have expressed opposition as this farm has been stripped out. To subdivide an over thirty acre lot and only
leave 77feet of road frontage is not good. Particularly, if this should involve further subdivision.
Assistant City Attorney Macali advised a note could be required to be placed on the plat that the other
residual 30-acre lot will not be further subdivided without specific City Council approval This condition
will be added.
ITEM # 43 759
M3
Application of MUMA GOOSE, LTD., for a Conditional Use
Permit for automobile and trailer sales on the South side of
Witchduck Road, West of Jericho Road (4861 N. Witchduck
Road), containing 14, 000 square feet (BA YSIDE DISTRICT)
Councilman Jones advised the applicant has agreed to an additional condition:
Trailers parked on the front part of the lot will be limited to a maximum of
sixteen (16)feet in length..
ITEM # 43 760
B Y CONSENSUS, the following items shah compose the PLANNING B Y CONSENTAGENDA.
M. 2
ao
M3
Applications of SPRINT, PCS, C. E. FOREHAND III for
Conditional Use Permits for unmanned communication towers
at:
Southwest corner of North Landstown Road and Recreation
Drive, containing 31.561 acres (PRINCESS ANNE DISTRICT).
Southwest corner of Pleasant Valley Road and Smyrna Circle
(1301 Smyrna Circle), containing 13,000 square feet
(CENTER VILLE DISTRICT).
Application of MUMA GOOSE, LTD., for a Conditional Use
Permit for automobile and trailer sales on the South side of
Witchduck Road, West of Jericho Road (4861 N. Witchduck
Road), containing 14, 000 square feet (BA YSIDE DISTRICT).
Item M. 3. will be APPROVED BY CONSENT WITH AN ADDITIONAL CONDITION.
July 7, 1998
- 14-
CITY COUNCIL CONCERNS
11:43 A.M.
ITEM # 43 761
Mayor Oberndorf advised she was unable to be in the BRIEFING this morning as she was meeting with
representatives concerning the regretful graffiti in the Salem Lakes, Timberlake and Wyndermere
Communities of the City. Those in attendance were:
Sylvia Strickland-Primm - Chair, Human Rights Commission
Brittany Zelkind - Anti Defamation League
Andrew Sacks - representing the Anti-Defamation League
Fagan Stackhouse - Director of Human Resources
Sandra Smith Jones, President - NAACP, attended the meeting by conference phone. Although erased from
property, the hurtful acts will not as easily be removed from the heart. Part of the prescription for healing
is acts of kindness and direct constructive acts that enables the community to share collectively in addressing
these unfortunate problems. The healing process will continue as neighbors share their feelings at a public
forum. The Forum ("Coming Together; Aftermath and Beyond") is SCHEDULED for Wednesday, July 15,
1998: 7:00- 9:00P. M.,Salem Middle School. A distinguished panel of representatives from the community
will be in attendance. Invitations will be sent to those homes directly affected.
Mayor Oberndorf expressed her appreciation to all the volunteers. The good people will step forward when
bad things happen. Education must continue and there will be an opportunity for a larger forum.
ITEM # 43762
Vice Mayor Sessoms advised Mayor Oberndorf and Councilman Heischober were in attendance at the Multi-
Purpose Soccer Stadium Mariner's Game on Monday, July 6, 1998. It was a spectacular night and a
beautiful facility. Appreciation was extended to the City Manger, Mark Wawner, and Contractor's Paving.
The President of Contractor's Paving was on one of the rollers finishing the road at 4:00 P.M. yesterday,
July 6, 1998. It is unbelievable to see these large projects being completed so rapidly,
Mayor Oberndorf said Vice Mayor Sessoms has been a major participant in this project and deserves
appreciation.
ITEM # 43 763
Council Lady Henley referenced Oceana Boulevard must be the fastest moving road project in this City.
There was not a problem with acquisition. It is miraculous to watch. The City Manager advised this is one
of the first A + B contracting approaches utilized.
ITEM # 43764
Mayor Oberndorf advised she was unable to attend the meeting between the Norfolk and Newport News
Airport Authority relative a regional prospective about a Superport. The Hampton Roads Tunnel was
congested and would entail over one 'half hour delay to cross.
Mayor Oberndorf called and said she would have loved to come, but if they are thinldng of putting a super
airport somewhere on the other side, the residents of Virginia Beach would not be able to utilize the facility
as they cannot get through the tunnel.
ITEM # 43 765
Mayor Oberndorf referenced a news article relative sustainable community. This has become the premier
topic even at the U.S. Conference of Mayors. A story relative the Boise Mayor, Brent Coles, recognizing his
accomplishments and his goals to create coherent regional growth and development patterns.
Mayor Oberndorf referenced Towns and Counties Magazine. Tom Pauls, Department of Planning, accepted
the award on behalf of the City for their Comprehensive Land Use Plan. The Planner advised this was the
most outstanding Plan ever seen in the State of Virginia. This was a joint effort between the City Council,
Planning Commissioners, the professional staff and the public.
- 15-
CITY COUNCIL CONCERNS
ITEM # 43 766
Council Lady Eure referenced the article on the frontpage of the Virginian-Pilot in color as well as double
spread inside concerned Philip Deal, an outstanding young man with the Ballet. Council Lady Eure knows
him personally and believes his determination is a real credit to this City. Council Lady Eure has his name
and address at home if anyone would wish to donate to his participation in the Olympics. At least $30,000
is needed and she would encourage support.
ITEM # 43 768
Council Lady Eure advised Council Members Parker, Weeks and herself would be traveling to
Charlottesville for the Virginia Municipal League Conference for newly elected officials, Wednesday
evening and returning Saturday. They appreciated the opportunity to attend.
ITEM # 43769
Mayor Oberndorf advised Council Lady Parker was leaving today to take her daughter to visit James
Madison University in Harrisonburg. She will be returning via Charlottesville to attend the new Council
Members' Seminar conducted by the Virginia Municipal League. She is attending as Council Lady
McClanan informed her she had attended and found it most informative.
- 16-
ITEM it 43 770
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, July 7, 1998, at 12:00
NOON.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
Nancy K. Parker
-17-
ITEM # 45 771
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit:
Boards and Commissions:
Airport Authority
Development Authority
Hampton Roads Planning District Commission
Open Space Advisory Commission
Parks and Recreation Commission
Personnel Board
Planning Commission
Social Services Board
Tidewater Community College board
Tidewater Regional Group Home Commission
Tidewater Transportation District Commission
Virginia Beach Crime Task Force
Virginia Beach Towing Advisory Board
Personnel Issue: City Attorney's Office
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To- Wit:
Agricultural Reserve Program -
Princess Anne District
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
- 18-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
July 7, 1998
2:00P. M.
Mayor Men/era E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 7, 1998, at 2:00 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
Nancy K. Parker
INVOCATION:
Rabbi Aaron Margolin
Chabad Lubavitch of Tidewater
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of l/Vachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
1, 1998, is hereby made apart of the record.
July 7, 1998
Item V-E.
- 19-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 43 772
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered bi}'
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 43771, Page 17, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
~h Hodges g/mith, CMC/AAE
City Clerk
July 7, 1998
Item V-F. 1.
- 20-
CEREMONIAL ORGANIZATION OF
CITY COUNCIL
ITEM # 43 773
The Honorable J. Curtis Fruit, Clerk- Virginia Beach Circuit Court ADMINISTERED the OATH OF
OFFICE TO MEMBERS OF CITY COUNCIL:
Linwood O. Branch, III
Beach - District 6
Margaret L. Eure
Centerville - District 1
William W. Harrison, Jr.
Lynnhaven - District 5
Barbara M. Henley
Princess Anne - District 7
Louis R. Jones
Bayside - District 4
Reba $. McClanan
Rose Hall - District 3
William D. Sessoms, Jr.
At-Large
A. M. "Don" Weeks
Kempsville- District 2
All Nine Council Members, including Council Lady Parker had previously officially taken their OATH OF
OFFICE.
July 7, 1998
Item V-F. 2.
- 21 -
CEREMONIAL OR GANIZA TI ON OF
CITY COUNCIL
ITEM # 43 774
Upon NOMINATION by Councilman Harrison, City Council ELECTED:
William D. Sessoms, Jr.
Vice Mayor
July 1, 1998 - June 30, 2000
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndo~ Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-F. 3.
- 22 -
CEREMONIAL ORGANIZATION OF
CITY COUNCIL
ITEM # 43 775
The Honorable J. Curtis Fruit, Clerk - Virginia Beach Circuit Court ADMINISTERED the OATH OF
OFFICE:
William D. Sessoms, Jr.
Vice Mayor
July 1, 1998 - June 30, 2000
Item V-G.
- 23 -
FORMAL SEATING OF VIRGINIA BEACH
CITY COUNCIL ITEM # 43776
Mayor Oberndorf presented the Formal Seating of Virginia Beach City Council:
Harold Heischober
Nancy K. Parker
Barbara M. Henley
William W Harrison, Jr.
M. "Don" Weeks
Mayor Meyera E. Oberndorf
Vice Mayor William D. Sessoms, Jr.
Louis R. Jones
Linwood O. Branch, III
Reba S. McClanan
Margaret L. Eure
Item V-G. 2.
- 24 -
INTRODUCTION
ITEM # 43 777
Mayor Oberndorf recognized the following scouts in attendance to earn their merit badges:
BOY SCOUT TROOP 364
BA YSIDE PRESB YTERL4N CHURCH
Scout Master Jeff Waller
Scouts:
Robert Toney
lan Becker
July 7, 1998
- 25 -
Item V-H. 1.
MINUTES
ITEM # 43 778
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of June 23, 1998.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
Item V-G.I.
- 26-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 43 779
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following was ADDED TO THE AGENDA:
Resolution to establish the Virginia Beach Open Space Advisory
Committee, comprised of eleven members to be appointed by City
Council, to study the city-wide open space program, identify strategies,
study land uses and patterns in Transition Area III, the feasibility of the
ARP and strategies which meet the goals and objectives of the
Comprehensive Plan. A report and recommendation shall be submitted
to City Council by December 31, 1998, and the Committee shall dissolve
thirty (30) days thereafter
July 7, 1998
Item V-J. 1.
-27-
BACK BA Y NATIONAL
WILDLIFE REFUGE
ITEM # 43 780
The Honorable Owen Pickett, United States Congress, introduced John Stasko, Refuge Manger - Back Bay
National Wildlife Refuge and Suzanne Fields, Manager - Mackee Island and Currituck National Wildlife
Refuge.
The revenue sharing in lieu of taxes from the Fish and Wildlife Service, which is apart of the Department
of Interior, was presented to the Mayor in the form of two checks representing Back Bay and Mackee
Island:
Check No. 3148 6234752
Check No. 3148 6234751
$ 2,6o3.oo
$2o7,o32.oo
July 7, 1998
Item V-K. 1.
- 28 -
PUBLIC HEARING
ITEM # 43 781
Mayor Oberndorf DECLARED A PUBLIC HEARING:
NEW ELECTION PRECINCT (DAHLIA) AND ITS POLLING PLACE
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Item V-K. 2.
- 29-
PUBLIC HEARING
ITEM # 43782
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY: FARMER'S MARKET
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
July 7, 1998
Item V-L.
- 30-
ORDINANCES/RESOL UTIONS
ITEM # 43 783
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED IN
ONE MOTION, Ordinances/Resolutions 1, 2, 3 a/b/c, 4a/b/c/d/e, 5, 6 a/b/c/d, 7 and 8 of the CONSENT
AGENDA.
Item L. 7 was DEFERRED INDEFINITELY B Y CONSENT.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
Council Lady Henley ABSTAINED on Item L2. as the applicant purchases produce from Henley's Farm
Council Lady McClanan voted a VERBAL NAY on Item L. 6.a.
Item V-L. 1.
- 31 -
ORDINANCES/RESOL UTIONS
ITEM # 43 784
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND Section 10-1 of the City Code by establishing a
new election precinct (Dahlia) and its respective polling place
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William I~. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
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AN ORDINANCE TO AMEND THE CITY CODE
BY ESTABLISHING A NEW PRECINCT
(DAHLIA) AND ITS RESPECTIVE POLLING
PLACE
SECTION AMENDED: SECTION 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code
reordained to read as follows:
Sec. 10-1.
There are
is hereby amended and
Establishment of precincts and polling places.
hereby established in the city the following
precincts and their respective polling places, as set forth below:
Precinct
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Courthouse
Creeds
Culver
Polling Place
Alanton Elementary School
Bayside Middle School Grade 6
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Indian Lakes Elementary School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
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34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
Dahlia
Davis Corner
Eastern Shore
Fairfield
Forest
Glenwood
Great Neck
Green Run
Hilltop
Holland
Homestead
Hunt
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Meadows
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
Fairfield Elementary School
Kings Grant Elementary School
Glenwood Elementary School
Francis Asbury United Methodist Church
Green Run Elementary School
Good Shepherd Lutheran Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
St. Nicholas Catholic Church
Kingston Elementary School
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
St. Aidan's Episcopal Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Pembroke Meadows Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist Church
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62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Shannon
Shell
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thalia
Thoroughgood
Timberlake
Trantwood
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Precinct
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem Middle School
Virginia Beach Volunteer Rescue Squad Building
Salem United Methodist Church
Seatack Elementary School
Church of the Ascension
Unity Church of Tidewater
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of Virginia
Providence Elementary School
Strawbrid~e Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Church of the Redeemer
Avalon Church of Christ
Agriculture/Voter Registrar
Building
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91
92
this
Adopted by the City Council of the City of Virginia Beach on
7 day of July 1998.
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CA-7048
DATA/ORDIN/PROPOSED/10-001.ORD
RI
PREPARED: June 4, 1998
APPROVED AS TO CONTENTS
~o'ter Registrar
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
4
Item V-L. 2.
- 32 -
ORDINANCES/RESOL UTIONS
ITEM # 43 785
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to lease City Property
known as Space Itl 1 of the Farmer's Market to ANDREWKRUEGER,
JR., T/A FIVE A DA Y
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
Nancy K. Parker
Council Lady Henley ABSTAINED as the applicant purchases produce from the Henley's Farm.
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE CITY PROPERTY
KNOWN AS SPACE #11 OF THE FARMER'S
MARKET LOCATED IN VIRGINIA BEACH,
VIRGINIA, TO ANDREW KRUEGER, JR., T/A
FIVE A DAY
WHEREAS, the City of Virginia Beach has leased spaces in the Farmer's Market
located at the intersection of Princess Anne and Dam Neck Roads for twenty-two years; and
WHEREAS, Andrew Krueger, Jr., t/a Five A Day desires to enter into a lease
agreement with the City of Virginia Beach for the lease of space #11 at the Farmer's Market, in
order to operate a produce market; and this Lease shall begin on July 8, 1998, and expire on June 30,
2000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized on behalf of the City of Virginia Beach
to enter into a lease with Andrew Kmeger, Jr., t/a Five A Day for space #11 at the Farmer's Market
in substantially the form attached hereto.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of
3u1¥ , 1998.
CA-7061
ORDIN~ONCODE\.ORD\CA7061.0RD
R-1
PREPARED: 6/23/98
iP_~D AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Department bf Liw' g/Z6l~ g
PROPOSED LEASE TERM SHEET
[CITY AS LANDLORD]
DEPARTMENT: Agriculture
PREMISES DESCRIPTION: That portion of the Farmer's Market known as
space #11.
TENANT: Andrew Krueger, Jr. T/A Five A Day
INITIAL LEASE TERM: Two Years
BEGINNING: July 8, 1998
RENEWAL OPTION(S): No automatic renewal.
RENT: (A) $5,460.00 annually
(B) Escalator: none
(C) Other Costs: $30 City Promotional Fee per month.
Tenant to pay $22 monthly for each heater or air conditioner per
each enclosed space. Tenant to pay $2.50 weekly per unit for the
use of additional refrigerators, freezers, chillers, ice machines,
ice cream makers, snow cone machines, beverage dispensers, and
other equipment approved by the City. Tenant to keep electrical,
plumbing and heating and air conditioning units in good repair.
Tenant to pay for telephone.
TERMINATION PROVISIONS: Either party can terminate upon thirty (30)
days' written notice. City may terminate for default if rent is
unpaid after five days' written notice.
OTHER SIGNIFICANT PROVISIONS: Alterations are not permitted
without express written approval by City; Tenant shall be open for
business at least between the hours of 10:00 a.m. and 5:00 p.m.
Monday through Saturday and 11:00 a.m. through 5:00 p.m. on Sunday.
Tenant to be open six days a week May to October and five days a
week November to April. No alcohol or alcoholic beverages shall be
sold or consumed on the premises.
G: \data\ forms\leases\outline, frl
F~ER~S ~%RKET LE~SE ~REF.~ENT
The Virginia Beach Farmer's Market, ("Market"), is owned and operated by
the City of Virginia Beach, ("City"), and operates as a division within the
Department of Agriculture. The Department of Agriculture is responsible for
the management of the Market, and the Department of General Services is
responsible for the building and grounds of the Market.
The Market is a facility where sellers and buyers come together to
purchase agricultural products and complimentary goods in a family-oriented
country-rural atmosphere.
THIS AGREEMENT OF LEASE, "Lease", is made this 8th day of JA~
by and between the CITY OF VIRGINIA BEACH, ("City") and Andrew Krueger~ Jr.-
T!A "Five A Day"
, "Lessee."
In consideration of the rent and covenants to be kept and performed by
the parties hereto, City, agrees to lease and Lessee agrees to rent, upon the
terms and conditions that follow, the Leased Space(s) ("Leased Space").
1) T~R~ The term of this lease shall begin; at '~3J_Q~, on the .~h day
of J_~~, and shall terminate at 12:00 PM, on the 30th day of June~
000o
2) DE~CR~PTXON OF LF~ED ~PACE: Leased Spaces are located in buildings
1-7. Spaces in buildings 1-6 extend inward from the boardwalk for a distance
of approximately thirty(30)feet and for a length of approximately 40
Leased Space is limited to a maximum of 30' x 80' per Lessee.
feet.
Your Leased Space number(s) is 11
3) PAYMENTS~ Lessee will pay to the City, a Base Rent, applicable
Utilities and $30 per month as either Merchant Association Dues or a City
Promotional Fee (altogether called "Rental Payment"). Rental Payment is due
monthly in cash or by one check made payable to City Treasurer of Virginia
Beach. Payment is due on the first day of the month, and must be received no
later than noon on the 10th day of each month, except for holidays, in which
case the due date will be noon of the next business day ("Due Date"). If
Lessee fails to pay the Rental Payment on any Due Date, Lessee must pay a $25
late charge. Payments will reflect figures rounded to the nearest dollar.
(a) Rental Payment: Rental Payment is $ 5,460.00 annually, which must
be paid in monthly installments of $ 455.00
(b) Merchants Association Dues or City Promotional Fees: Lessee will
pay $30 per month as either Merchants Association Dues or City
Promotional Fees, which are established from time to time by the
Farmer's Market Merchants Association and by the City.
(o) Utilities:
The City will provide water and sewerage service.
(ii) Except as provided in (iii) and (iv), the City will provide
electric service, unless the Lessee has its own account with
Virginia Power, in which case, the Lessee agrees to make payments
directly to Virginia Power for electric service.
(iii) The Lessee will pay $22 monthly for each heater or air
conditioner per each enclosed space. This fee applies without
regard to the extent of use of the heater(s) or air conditioner(s).
(iv) The Lessee will pay $2.50 weekly per unit for the use of
additional refrigerators, freezers, chillers, ice machines, ice
cream makers, snow-cone machines, beverage dispensers, and other
equipment approved by the City.
4) MANAGEMENT TEAMs The Farmer's Market Management Team, ("Management
Team") consists of: the Manager of the Farmer's Market ("Manager"); the
Director of the Department of Agriculture ("Director"); the City Manager or
designee; an Assistant City Attorney; the President of the Farmer's Market
Merchants Association, if the Farmer's Market Merchants Association is
reestablished, or his/her designee (who is elected annually' and must be a
Lessee), or, if no Farmer's Market Merchants Association has been
reestablished, a tenant representative; and a Virginia Beach farmer or
producer,(who may not be a Lessee and who is appointed annually by the
Director and the Manager).
5) MERCHANTS ASSOCIATION: If or when a Farmer's Market Merchants
Association is reestablished, Lessee must be a member of the Farmer's Market
Merchants Association ("Association"). The Association's Executive Committee
is composed of the officers elected by the organization and has the authority
to call and hold membership meetings, to cause the Association to establish
membership dues or other fees, to appoint committees including, a promotion
and advertising committee, and such other powers and duties as may be
directed by the membership, not inconsistent with the Market Lease Agreement.
The dues and fees may be used by the Association Budget Committee to promote
and advertise the Market and its activities.
MARKET MIX:
(a) In order to provide an appropriate "mix" of business establishments
this list has been selected by the Management Team.
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TYPE OUANTITY
Restaurant 1
Meat 1
Dairy 1
Seafoodl 1
Bakery 1
Specialty 7
Nursery 1
Produce Unlimited
(b) The "mix" is subject to change at any time at the sole discretion
of the Management Team.
Your classification within the Market Mix is: Produce
(d) The Management Team has the authority to solicit prospective
Lessees for the Market and assign all Leased Spaces.
7) IT~8 AUTHORIZED FOR S~: Lessee may sell only the items listed on
lines below. Any request to sell additional items must be submitted in
writing to the Manager and is subject to the approval of the Director, within
his sole discretion.
(Use attachment if extra space is needed)
Produce~ Produce related items~ Yard art crafts, canned/bottled drinks~
Honey~ Hard bulk candies~ Aqricultural related it~ms~ Virqinia Finest's
line items~ Assorted nuts~ Cider~ Maple syrup
~) ~O~R~ O~ O~IO~ The Leased Space must remain open for business in
accordance with the schedules listed below. "Open for Business" means: a)
that the Leased Space is staffed by at least one salesperson during business
hours; and b) that there must be a sufficient quantity and quality of
merchandise, properly displayed. Rental payments will not be reduced because
spaces are not open.
(&) July, August, September, October, May and June: Ail Lessees both
covered and enclosed must be open no later than 10:00 AM and close no
earlier than 5:00 PM, Monday - Saturday. On Sunday Lessees must be open
no later than 11:00 AM and close no earlier than 5:00 PM.
(~) During the above listed months, Lessees will have the option
of being closed one day per week of their choice. Lessees must stay
with the day chosen for the lease period, unless a written request
to change the day, is submitted to and approved by the Manager.
Your day to be closed is (~IR~ O~):
Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday.
i Prior to any sale of seafood, the Lessee must also enter into a
separate Seafood Addendum with the City.
(b) November, December, January, February, March and April: The
enclosed Lessees must be open no later than 10:00 AM and close no
earlier than 5:00 PM, Monday - Saturday. On Sunday Lessees must be open
no later than 11:00 AM and close no earlier than 5:00 PM.
(i) During the above listed months, Lessees will have the option
of being closed two days per week of their choice. Lessees must
stay with the days chosen for the lease period, unless a written
request to change the days, is submitted to and approved by the
Manager. Your two days to be closed are (CIRCLE TWO):
Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday.
(ii) Covered spaces are not required to be open during January,
February, March and April.
(a) In cases of a bona fide emergency, such as, illness or death in the
family, Lessees will be exempt from the Hours of Operation Policy.
10) CONDUCT:
(&) Lessee is responsible for the actions of its agents and employees.
(b) Any person defacing or destroying City property or committing any
other unlawful act(s), will be subject to arrest and prosecution. The
restroom facilities, drinking fountains, and public telephones are for
the convenience of Lessees and the public. These facilities must be
kept clean to the extent possible.
(o) Market Office Staff on duty have the authority to have removed from
the Market any persons gambling, under the influence of intoxicants,
acting in a disorderly manner, or using profane, abusive, or
discourteous language while on the Market premises. The only type of
gambling permitted is the Virginia State Lottery when permitted by
Lessee's individual lease.
(d) No alcoholic beverages may be brought onto or consumed on the
Market by Lessees or their employees. Lessee may not sell any alcoholic
beverages or apply to the Alcoholic Beverage Control Board, or any
successor agency, for any license to sell alcoholic beverages.
(e) There may not be any sleeping at any time within any Leased Space.
No cots, house trailers, camping units or other sleeping accommodations
may be set up in any Leased Space.
(f) There will be no loitering by the Lessee on the premises, after
regular operational hours other than for cleaning, restocking, or other
purposes directly related to the business.
(g) The Leased Space may not be used for anything other than the
specified purpose identified in this Lease.
(h) Reselling (Scalping) of tickets to public events is prohibited.
(i) Lessee shall comply with such other rules and regulations
promulgated by the City and provided by the City to its tenants by
hand delivery or by mail.
11) 8ZGN8:
(a) Operational signs:
(i) A sign indicating whether the Lessee is open or closed must be
displayed on the door of all enclosed spaces at all times.
(ii) A rope or chain must be stretched across the front of all
covered spaces with a "Closed" sign, when the business is closed.
(iii) A sign indicating the Lessee's hours of operation must be
displayed at all times for both enclosed and covered spaces.
(b) Bale signs: Sale signs visible from the exterior of a business
space are permitted only if the sign has a surface area of ten square
feet or less. Immediately upon completion of the sale, signs must be
removed. Signs of a reasonable size indicating the item, price,
quantity, etc. are permitted. All signs are subject to the approval of
the Manager.
12) BUBLETTZNG/~BBZGNHENT: The Lessee may not assign or sublet the Leased
Space without the prior written consent of the Management Team, and any
purported assignment or subletting made without consent is void. If the
Lessee desires to assign its lease or sublet its Leased Space, the Lessee is
encouraged, but not required, to consider persons on the Market waiting list
as prospective Assignees or SubLessee. The Management Team will not withhold
its consent to an assignment or sublease solely because the proposed assignee
or subLessee is not on the Market waiting list. Assignees and Subleases must
comply with all terms and conditions of this Lease.
13) COMPLIANCE WITH APPLICABLE LAWB AND REGULATIONB: This Lease is governed
by Virginia law, and all questions arising shall be determined in accordance
with such law. The parties agree that any litigation involving this lease
shall be filed in the courts of the City of Virginia Beach, Virginia. The
Lessee will conduct its business in accordance with all Federal, State, and
City laws, ordinances, rules and regulations pertaining to the Market and the
business of Lessees and tenants of the Market. The Leased Space may not be
used in a manner detrimental to the City.
14) REPAZRB~
(a) The Lessee must repair, to the City's
accidental, or other damage caused by
employees, or licensees.
satisfaction, any willful,
Lessees or their agents,
(b) The Lessee must make immediate repairs or remedy any condition
found to be a hazard, upon either written or verbal notice to the Lessee
by the City.
(o) The Lessee must repair and, if necessary, replace, the heating and
air conditioning units, and/or if applicable, the heat pump units
servicing the Leased Space.
(d) The Lessee must make all electrical repairs within the Leased
Space. This includes the repair of existing outlets and the installation
of additional outlets. All outlets must be installed by a licensed
electrician. The Lessee must replace all light bulbs within the Leased
Space.
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(e) The Lessee is responsible for all general maintenance and plumbing
repairs in its Leased Space.
The City is responsible for all structural repairs.
L$) ALTERATIONS AND ADDITIONS: The Lessee may not make any change to the
Leased Space unless an Alteration/Addition Request Form is first submitted to
the Manager and is approved in writing. All alterations or additions must be
approved by the Manager and City Building and Maintenance Personnel. Unless
the parties agree otherwise in writing in the Alteration/Addition Request
Form, it is agreed that at the expiration of the term of this Lease, or any
extension thereof, all equipment, material, and improvements installed by or
on behalf of Lessee will become the property of the City.
· 6) EVENTS: The Market may hold special events or promotions at the sole
discretion of the Director. The Manager may solicit sponsors for special
events. Sponsorships may include the receipt of money or other consideration
by the City. Food or Drink items may be sold during special events or
promotions only by prior written permission of the Manager/Director.
LT) INSPECTIONS: There may be unannounced inspections by the Manager and
the Departments of Agriculture, General Services, Health, Fire, and Risk
Management. The Lessee is responsible for correcting all violations found.
LB) INDEI~NITY ~%ND INSURANCE: Lessee agrees to protect and hold the City
harmless and to indemnify the City, its officers, and employees from any and
all claims, demands, suits, actions, judgements, and recoveries for or on
account of damage, theft, or injury, including death, to property or person
occurring as a result of Lessee's use of the leased property, including loss
or injury resulting to Lessee as a result of electrical or equipment failure,
or any other cause arising from Lessees use or occupancy of the property
except if the cause is the result of sole negligence of City, its agents,
servants, or employees. Lessee must maintain in full force and effect, a
policy or policies of liability insurance insuring City and its agents,
officers and employees against the risks set forth hereinabove. A copy of
the policy or policies, or a certificate of insurance evidencing the policy,
must be delivered to the Manager. The policy must be a Commercial General
Liability Policy, including products coverage with a combined single limit.
The limit for Lessees selling prepared food for consumption may not be less
than ($1,000,000). For Lessees selling non-food products, or garden produce,
the limit may not be less than ($500,000).
~9)
(a) The Lessee is responsible for keeping leased spaces clean.
(b) The City will provide the Lessee with an 85 gallon refuse container
("container"). Rotten or overripe produce must be placed in the
container. Lessee will bear all risk or loss of damage for the
container. Lessee is responsible for maintaining the container in the
same condition as when delivered to Lessee, reasonable wear and tear
excepted.
(o) Trash collections will be made in the designated areas.
(d) No items may be stacked or stored in front of, along the side of,
or in back of any Leased Space. (Any items discovered will be removed
by the Manager and the City is not responsible for damage.)
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(a) The center parking area of the Center Circle is reserved for
customer parking. No produce or other sale items may be displayed in
this area at any time.
(b) Ail vehicles making deliveries, including the personal vehicles of
Lessees, must park in the space provided at the rear of the Leased Space
to which deliveries are being made.
(c) No vehicle may park overnight in the Center Circle.
(d) No inoperative motor vehicles, as defined by the City Code, may be
parked at the Market at any time. Inoperative vehicles will be removed
from the Market at the owner's expense.
VEHICLES
(a) Ail vehicles, trailers, etc., regardless of use, brought on the
Market by or for the use of the Lessee, must be properly registered and
licensed with the Division of Motor Vehicles of the owner's home state,
and State licensed and City inspected and certified where applicable.
(b) Vehicles operated by the Lessee, its agents and employees, must be
driven in a careful and prudent manner and at the posted rate of speed.
Directional signs and pavement markings must be followed so as not to
endanger the property of another or the life or limb of any person.
22) SiS~'ETY:
(a) All Appliances (i.e., portable heaters, fans, refrigerators) must
be approved by the Fire Inspector's Office before use. It is the
Lessee's responsibility to obtain approval. Any unapproved items will
be ordered by the Manager to be removed.
(b) The use of flammable materials, such as hay, straw, etc., as a
ground cover for any and all types of produce, is prohibited. Further,
the general use of hay, straw, etc, as a display support, even though
treated with a flame retardant, is also prohibited. Hay or straw in
bales may be sold on the truck lot only.
23) FIRBARMS:
(&) No firearms of any kind are permitted on the Market property except
by authorized law enforcement officers.
Sales of any type of firearms are prohibited.
24) TERMINATION ~uWD RENEWAL:
(a) This Lease will not renew automatically at the conclusion of the
term. The City retains the option after the expiration of this lease of
extending this lease on a month to month basis.
(b) This Lease may be canceled by written notice of either party. To
cancel the Lease, a party must submit written notice of intention to
terminate the lease, at least thirty (30) days prior to the effective date of
the termination.
(o) If 20% or more of the Rentable Area of the Farmer's Market is at
any time destroyed or damaged(including, without limitation, by smoke and
water damage) as a result of fire, the elements, accident, or other casualty,
whether or not the Leased Space is affected by such occurrence, then the City
may, at its option, terminate this Lease, effective upon 10 days of receipt
of written notice of such termination, by hand delivery or by mail, without
indemnity or penalty payable or any other recourse by the Lessee. If after
such occurrence, if the City has not notified the Lessee of any termination,
this Lease shall continue in full force and effect and the rent payable by
the Lessee hereunder shall not terminate, be reduced, or abate. Nothing in
this section shall require the City to restore or rebuild any of the Farmer's
Market or restore, or rebuild or reimburse Lessee for any leasehold
improvements, inventory, furniture, chattel, signs, fixtures, contents
fixtures or personal property of the Lessee located on, in, under, above, or
which serve the Leased Space.
25) MISCELLANEOUS PROVISIONS:
(a) Coin operated vending machines are prohibited.
(b) Electrical power cords may not be extended from the Leased Space,
except during special events or promotions and then only when authorized
by the Manager.
(o) City is not liable for the Lessee's property. It is the Lessee's
responsibility to safeguard its property and that of Lessee's employees
or agents.
Headings and sub-headings herein are for informational purposes.
26) DEFAULT: Failure to make Rental Payment constitutes an event of default
in which case, the City may send a certified letter to Lessee, at the mailing
address provided by Lessee. The Letter will state that the Lessee has
breached its Lease and that failure to pay all sums owed within five days may
cause the City to pursue all appropriate legal remedies. In the event that
the Lessee fails to pay the sums owed within five days, the City has the
right (in addition to all other rights and remedies provided elsewhere in
this lease or by law) to re-enter and take possession of the leased premises,
peaceably or by force and to remove, dispose of or withhold any property
(including personal property) therein, without liability for damage to and
without obligation to store, the property. City may, in lieu of giving
written notice by certified mail, give the five day written notice described
herein by hand delivery to Lessee.
27) DEFAULT OPTIONS~ Upon default in payment of the Rental Payment, the
City may, in addition to any other remedy, exercise any or all of the
following options:
(a) Terminate and cancel the Lease;
(b) Revoke any of Lessee's privilege(s);
Treat monies previously paid by the Lessee as forfeited;
(d) Elect to treat this Lease as remaining in effect and collect all
Rental Payments as they come due;
(e) Take immediate possession of the premises, without notice.
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(f) Distrain the goods (including personal property) of the Lessee in
accordance with applicable law.
(g) Pursue any other legal or equitable remedy provided by law or this
lease.
28) VIOLATIONS OF LEASEs The requirements and provisions of paragraphs
(28a, ~Sb, 28o, & 28d) shall not apply in the event of nonpayment of Rental
Payment. Nonpayment is grounds for immediate termination of this Lease,
revocation of all attendant privileges, and all remedies provided by this
Lease or by law.
(&) Letter of C&ution~ In the event of the violation or breach by
Lessee or its employees of any of the provisions of this Lease, or of
any Federal, State or City law, ordinance, or regulation, including but
not limited to, failure of Lessee or his/her employees to abide by all
Policies, Rules, and Regulations of the Market, the Manager or Assistant
Manager will notify Lessee verbally of the violation and will specify a
period of time within which the violation must be remedied. The
Lessee's failure to comply within the time specified will result in the
Lessee's being given a Letter of Caution by the Manager. Ail Letters of
Caution will specify the nature of the violation, the date on which the
Lessee was notified verbally of the violation and the period of time
within which the Lessee was directed to correct it. The Letter of
Caution may, at the discretion of the Manager, specify one or more
privileges of Lessee to be suspended until the violation has been
corrected. Any suspension of privileges is effective upon delivery to
Lessee of the Letter of Caution. Ail Letters of Caution will also
specify a period of time within which the violation must be corrected in
lieu of the imposition of further sanctions.
(b) Letter of Viol&tion~ In the event the Lessee fails to correct a
violation specified in a Letter of Caution within the period of time
stated therein, Lessee will be given a Letter of Violation by the
Manager. All Letters of Violation will specify the nature of the
violation, the period of time within which the Lessee was verbally
directed to correct the violation, the date on which a Letter of Caution
was delivered to the Lessee, and the period of time within which the
Letter of Caution directed that the violation be corrected. All Letters
of Violation will specify Lessee's privilege(s) which have been
suspended pending correction of the violation, at the discretion of the
Manager. Ail Letters of Violation will also specify the period of time
with which the violation must be corrected, and will state that the
failure of the Lessee to do so, within the required period of time
places the Lessee in default.
(o) Nonoompli&noe~ Lessee is also in default for noncompliance with a
Letter of Violation within the period of time specified therein or in
the event of Lessee's having received two (2) Letters of Violation
within a period of one (1) year. Lessee may also, at the discretion of
the Manager, be given a Letter of Violation in the event of repeated and
willful violations of a similar nature by Lessee following verbal
notification thereof. The Notice of Default will specify the ground for
placing the Lessee in default and the action to be taken as result of
the default.
(d) Delivery of Letters of Caution and Violation: Letters of Caution
and Letters of Violation will be delivered to the Lessee. Notices of
9
Default will be sent via certified mail to the Lessee at its Mailing
Address, or if Lessee is available at the Market, a copy may be hand-
delivered to the Lessee at the Market.
(e) Appeal= The Lessee may appeal the decision of default by noting an
appeal, in writing, and mailing the Notice of Appeal by certified mail
to the Office of the Manager, 3640 Dam Neck Road, Virginia Beach, VA
23456. The Notice of Appeal must be mailed by 5:00 p.m. on the third
day following delivery of a copy of the Notice of default to Lessee, if
a copy of the Notice of Default was delivered, or by 5:00 p.m. of the
fifth day following mailing of the Notice of Default, if a copy thereof
was not delivered to the Lessee. The day on which a Notice of Default
was mailed or delivered will not be counted in determining the time
limit for noting an appeal. Upon receipt of the Notice of Appeal, the
Manager must immediately notify the Director of the appeal and transmit
the Notice of Appeal to the Director. Delivery of the Notice of Appeal
to the Office of the Manager will not stay the execution of the Notice
of Default.
(f) Action Following Notice of Appeal= Upon receipt of the Notice of
Appeal, the Director will arrange a hearing for the Lessee before the
Management Team. Absent good cause, the hearing will be held within
seven (7) days of the delivery of the Notice of Appeal to the Market
Office. In any event, the hearing will be held as soon as practicable.
The Lessee is entitled to present witnesses at the hearing and to ask
questions of any witnesses. All questions as to the proper conduct of
the hearing are decided by the Director, who also presides at the
hearing. At the conclusion of testimony, the members of the Management
Team will deliberate in private and either affirm, reverse, or modify
the decision set forth in the Notice of Default. The decision of the
Management Team must be agreed upon by a majority of the members. The
decision of the Management Team must be rendered without undue delay and
committed to writing, signed by the Director on behalf of the Management
Team, and mailed by certified mail to the Lessee at its Mailing Address.
An appeal of the decision of the Management Team must be made within
seven (7) days or it is final.
29) CONDUCTING GRIEVANCES= Ail grievances by the Lessee, except those
relating to lease violations, must be presented in writing to the Market
Office Staff. If the matter is not resolved by the Manager, it may be
appealed:
(a)
(b)
(c)
First, to the Director;
Second, to the Management Team; and
Third, to the City Manager or his/her designee.
The Lessee must comply with the decision made by the person or body to whom
the matter is presented, unless and until the decision is overruled or
modified at the next stage of appeal. Any willful failure to comply with the
decision is a violation of the Lease Agreement. The decision of the City
Manager or his/her designee is final.
30) NON-DISCRIMINATION= During the performance of this contract, the Lessee
agrees as follows: The Lessee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex or national
origin, except where religion, sex or national origin is a bona fide
occupational qualification/consideration reasonably necessary to the normal
operation of the Contractor. The Lessee agrees to post in conspicuous
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places, available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause. The Lessee, in all
solicitations or advertisements for employees placed by or on behalf of the
Contractor, will state that such Contractor is an equal opportunity employer.
31) MODIFICATIONI The terms of this lease may not be modified absent
written consent of the Lessees, the Manager and the Director. An exception
to this requirement is the additional rules and regulations promulgated by
the City and provided to tenants by hand delivery or by mail.
~ee
1505 Galvani Drive
Street Address
Virginia Beach~ VA
City, State, Zip
23454-6932
Signature of Lessee
Street Address
City, State, Zip
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager/Authorized Designee
ATTEBTATIONI
City Clerk
APPROVED AB TO CONTENT~
D~Sartment of Agrie%ltu~-
APPROVED AB TO LEGAL FORM:
Assistant City Attorney
BTATE OF VIRGINIA ~/~ o ~ ~
CITY )% EhC 4 , VIR II, IIA
The foregoing instrument was acknowledged before me this
trading as "Five A D~y"
My commission expires:
day
(Name) ,
STATE OF VIRGINIA
CITY OF
, VIRGINIA
The foregoing instrument was acknowledged before me this
of by (Name), trading as
day
My commission expires:
Notary Publio
STATE OF VIRGINIA
CITY OF
, VIRGINIA
The foregoing instrument was acknowledged before me this day
of by City Manager/City Manager
Designee of the City of Virginia Beach, Virginia on behalf of the City of
Virginia Beach, Virginia.
My commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF
, VIRGINIA
The foregoing instrument was acknowledged before me this
of by
day
City Clerk/Deputy City Clerk of
the City of Virginia Beach, Virginia on behalf of the City of Virginia Beach
Virginia. '
My commission expires:
Notary Public
Revised: 6/97
DG/LEC/GD/pf
12
"EXHIBIT A"
By- LAW~;
Virginia Beach Community Services Board
ARTICLE I - NAME
The name of this Board shall be the Virginia Beach Community Services Board,
hereinafter referred to as the "Board."
ARTICLE II - PURPOSE
The purpose of this Board shall be to act as the agent of the City of Virginia Beach,
Virginia in the establishment and operation of Community Mental Health, Mental Retardation
and Substance Abuse programs as provided for in Chapters 10 and 11 of Title 37.1 of the .Code
ARTICLE III - MEMBERSHIP
Section 1. The membership of the Board shall consist of not less than fivc ~or
more than fiRccn ~ersons approved and appointed by the City Council of the City of
Virginia Beach, Virginia, . The membership shall be
as broadly representative as possible of all lay and professional elements of the community.
· ~' ~ ~ '~ Members shall be
appointed in accordance with Section 37.1-195 et-:seq:, of Chapter l0 of Title 37.1 of the Code of
Viminia ] t, ,~^, ......
~. Vacancies shall be filled for unexpired terms in the same manner as
original appointments. No person shall be eligible to service ~ore than two successive
terms; provided that persons appointed to fill vacancies may serve two additional successive
terms. ~~ '. i '~iii' i · I~ ~ '. Any member
of the Board may be removed by City Council for cause, after being given a written statement of
the cause~ and an opportunity to be heard thereon.
ARTICLE IV - POWERS AND DUTIE~
The Board
.,...,.t agenq of the City of Virginia
Beach shall be subject to the laws and regulations relating to such agencies of that government
and shall have the general powers, duties and responsibilities of a Board as outlined in
TitI.0137.1 of the ..~ode ' ' '
of Virginia
aa .. ..... ,,d. Such powers and duties shall be:
(a) Review and evaluate all existing and proposed public community mental
health, mental retardation and substance abuse service] and facilities available to serve the
community and such private services and facilities as receive funds through the Board and advise
the appropfiatc local govcl,ar, cnt~ ~i~as to its findings.
(b) Submit to the City Council -"'~-~ ": .... ",,:--:-:~ -- ~
,,- -,,- ~.-., ~,~ · ..~-..- ~,,.ae. a program of
community mental health, mental retardation and substance abuse services and facilities for its
approval.
(c) Within amounts appropriated therefor, execute such programs and
maintain such services as may be authorized under such appropriations.
(d) In accordance with its approved program, enter into contracts for rendition
or operation of services or facilities.
(e) Make rules or regulations concerning the rendition or operation of services
and facilities under its direction or supervision, subject to applicable local, state and/or federal
standards or regulations, w.',-~.,r, .... Bj .... o ..................... , ,~,, ..................
'"""'~ .......... o,---, ........ ~, ............... ,,o,- ~ ...... ,,--,, ..... ,, approvcd by thc °'
Dcpartn,cnt-""' .... ,11__1,1_ ~/1- .... 1 . .... J~,l-.' .... .10..L.. ...... AL. .... O___..' ..... .~
t.:_ .~..,:__ ~ii5 I. ~ ." i":' *' ~ ................... !,i~ :~' ~',,~ .............. ~: ...... ~
The compensation of the executive director shall be fixed by the
g~g~[t~[~~~2Board within the amounts made available by appropriation therefor. ~h~
(g) Prescribe a reasonable schedule of fees for services provided by personnel
or facilities under the jurisdiction or supervision of the Board and collection of the same;
provided, however, that all fees collected from Board administered programs shall be deposited
with the Treasurer of the City of Virginia Beach provided; further, that such collected fees shall
2
be used only for community mental health, mental retardation and substance abuse purposes.
The Board shall institute a reimbursement system to maximize the collection of fees from
persons receiving services under the jurisdiction or supervision of the Board and from
responsible third-party payors.
~(~[ (-I-) Seek and accept funds through fzdcrat grants ~,,~ provided,
however, in accepting such grants, the Board shall not bind the City of Virginia Beach to any
expenditures or conditions of acceptance without the prior approval of the City Council. of
[~] 02p'Have authority, not withstanding any provision of law to the contrary,
to disburse funds appropriated to it in accordance with such regulations as may be established by
the City Council. ~"' '-'-~-'-:- ~ ~-
Apply for and accept loans as authorized by the City Council. of
(1) Develop joint annual written agreements consistent with policies and
procedures established by the State
~g~lBoard with local school divisions; health departments;; bom~ ~~~ of social
services;; housing agencies; sheriffs;; area agencies on aging and regional departments of
rel'mbiti~fi~ ~~~j:~{~. The agreements shall specify what services will be
provided to ~:~-
,~.,~,ts ~'~r~ All participating agencies shall develop and implement the
agreements and shall review the agreements annually.
ARTICLE V - APPROVAL
Under Section 37.1-198 of the Statc Code tSt~i~i~i~, the City of Virginia Beach, having
established the Board and authorized it to adminis~i:"tfie ciiy, s mental health, mental retardation
and substance abuse services programs, may apply for State assistance by submitting annually to
the ~' .... Dcpart~cnt A,-,~, .... ,
~~~he City's mental health, mental ret~dation or subst~ce abuse
~~ ~~ for the next fiscal ye~ together with the Bond's
recommendations thereon.
ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of the Board shall consist ofa Chai ,rman, Vice-Chai ~rn,an] ~d
Secretary/~reasurer who shall be elected at the ~~s.qrat meeting of the e~endm~
Board and ~ff~serve at the pleasure of the Board :, ~~~
The duties of the Chaimmn shall be:
(a) To preside at all meetings of th~!3~Board and Executive Committeer4
(b) To appoint all committees (excluding the Nominating Committe~
deemed necessary for the operation of the Board.
(c) To work closely with the Executive Director of the Community Services
(d) To perform any other duties determined by the Board.
(e) To keep~~ I1 federal, state and local governments ~informed
as to the activities of the Board as requested.
Section 3. The Vice-Chairmm~ shall, in the absence of the Chai ,rr, an, perform the
duties of the Chainnma and any other duties assigned by the Board:
4
Section 4. The Secretary~ shall t.
accurate records og all meetings of the Bo~d and Executive
............ ~ ' ..... · ......-~,, v,~ .... ~-~,. ~ ,
execute&
ARTICLE VII - NOMINATIONS. ELECTIONS AND TERMS OF OFFICE
Section 1. The Board shall elect its officers at the nrot?D~ec~Ber2rneet~n p,~aq,~
A Nominating Committee shall be appointed by the Board at its ~ ~t~
meeting and shall bring fo~h a slate of officers at its ~ ~6~ffib'e~ meetine
~. The term of office shall be for one year commencing on the first day of the
calendar year or until a successor is elected. No officer may serve more than ec,-a t~
consecutive terms in the same office; ~,,,.,,,,,,~,,, ,,,, .... ,~,, ,,,, ......... ,~, ma)' ...... '---~ '")
· ,,, ..... , ......... ,,,- ,,, ,-. ...... -,-. The election shall be by ballot if there is more than
one nominee for the same office. A quorum must be present and voting in order to constitute an
election.
Section 3. Any vacancy occurring in the ~~,e~BoardUa-offieers-shall be filled
ARTICLE VIII - MEETINGS
Section 1. The reg~a!~:a0r~ monthly meetings shall ~e held at a time and place ~ be
determined by the Board ~B6 :~!'f6~ ..... :~ 6? ~ ~"ti ........... ............. , ~ .....
5
~. Special meetings of the Board may be called by the Chai ~r~,an or upon
written request of three members.
Section 3. The quorum for all Board meetings shall be onc,-,halfc~fthe ~~' '~" ~£
total appointed Board members.
ARTICLE IX- ~~~COMMITI'EES
There shall be an Executive Committee and other committees as appointed by the
Chai ~rrnan in accordance with Article VI, Section 2-b.
6
ARTICLE X - OPERATING PROCEDURES
The Board, in carrying out its powers and duties in accordance with Article IV of these
By-Laws, shall utilize the following operating procedures:
(a) All employees of D~ard directly operated programs shall be subject to the
City fVi gi
1 li i d d fth ·
personne po c es an proce ureso e o r niaBeach
~_ ~_ _ ~ x ,:--:-:- ~flditi~l!~thc Board hereby adopts thc City of Virginia B~ach's gficv~cc
proccdurc.
(b) Pursuant to Section 37.1-195 }'~ Code of Virginia. legal services to the
Board shall be provided by the City Attorney.
7
(c) The City Treasurer shall receive -" °'-,~
designated to the Board.
~~~o,. ..... ~.,J ~,~ ................... .~rector of Finance shall se~e as the
Bond's fiscal agenq ~-~ ....... .................
""~ ~~~e~ shall~O~a~ual~ audit
total revenues~"~ ~T~g ...... ~ ·
~P~~~g~ of the Board and its pro,ams.
(e) The Board shall comply with the City of Virginia Beach policies and
procedures in/,~purchasing equipment and supplies.
(f) The Board may, following review by the ~~
~a,.~ ,,-,,,,~,,~a ~c,r .~,~,. ..... ---,.,,~'~rector of Finance as to availability of funds and the City
Attorney as to appropriate legal form, enter into such agreements and contracts as are necessary
to carry out its approved program.
(h) (g) The Board shall be authorized to allocate all agency revenues in
Scr-¢icca ~~,~Sjguidelines and in compliance with the policies of the City of Virginia
Beach.
_ARTICLE XI - CONDUCT OF BOARD MEETINGS
Roberts Rules of Order, Newly revised, shall govern the conduct of all Board proceedings
unless inconsistent with these By-Laws in which case these By-Laws shall govern.
ARTICLE XII - AMMENDMENT OF BY-LAWS
The By-Laws may be amended at any regular meeting of the Board by two-thirds vote of
~~.~.~j~,. .... prc:,cnt and voting, notice having been submitted to each Board member in
writing two weeks prior to the ' -~ .....
meetlng,~ v,~ ~,~, ~ .........
,,~ ...... , h~at ~uch ~endments shall
be reviewed ~d ratified by the City Councfll ..... ~.., .....
G :\USERS~TSIOUTS~Wi~WORK~B y LAWS2.CHG
9
Item V-L. 3
- 33-
ORDINANCES/RESOL UTIONS
ITEM # 43786
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinances re Community Service Board:
DESIGNATE the Virginia Beach Community Services Board
as an Administrative Policy Board and to provide for the
Board's participation in the appointment and annual
performance evaluation of its Executive Director.
b. RATIFY amendments to the Bylaws.
c. AMEND Sections 2-316, 2-317and2-318 of the City Code re the
Department ofMental Health, Mental Retardation and Substance
Abuse Services to reflect changes to the Code of Virginia.
~ting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
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2
3
4
5
6
7
AN ORDINANCE TO DESIGNATE THE
VIRGINIA BEACH COMMUNITY SERVICES
BOARD AS AN ADMINISTRATIVE POLICY
BOARD AND TO PROVIDE FOR THE BOARD'S
PARTICIPATION IN THE APPOINTMENT AND
ANNUAL PERFORMANCE EVALUATION OF ITS
EXECUTIVE DIRECTOR
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WHEREAS, Section 37.1-194 of the Code of Virginia
requires each locality to designate the type of community services
board through which it provides mental health, mental retardation,
and substance abuse services to its residents;
WHEREAS, the Virginia Beach Community Services Board,
(~CSB"), through its board members appointed by the Council 'of the
City of Virginia Beach, sets policy for and administers the
delivery of mental health, mental retardation, and substance abuse
services that are provided through City staff or contracts with
other organizations and providers;
WHEREAS, after consultation with the CSB, it appears that
the current method of operation most closely fits the definition of
"administrative policy community services board" as defined by
Section 37.1-194.1 of the Code of Virginia;
WHEREAS, Section 37.1-197(B) (6) of the Code of Virginia
provides that administrative policy community services boards shall
"participate with local government in the appointment and annual
performance evaluation" of the executive director of such boards,
with ~the compensation of the executive director to be fixed by the
local government in consultation with the board"; and
WHEREAS, the City Council desires that the City Manager
discuss and develop with the CSB a procedure for the appointment
and annual review of the CSB executive director which includes
substantial participation by the CSB.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the CSB is hereby designated as an
administrative policy community services board with the duties and
responsibilities conferred upon it by law, along with such other
duties and responsibilities that may be assigned by City Council;
2. That the City Manager and the CSB will jointly
appoint or remove the executive director of the CSB, and the City
Manager and the CSB will annually review the executive director's
performance, with the executive director's compensation to be fixed
by the City after consultation with the CSB; and
3. That the City Manager is hereby authorized to
execute a memorandum of understanding with the CSB setting forth
the specific procedures to be followed for the appointment, annual
review, and termination of the executive director.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
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CA-7054
ORDIN\NONCODE\CSB.ORD
R-4
June 22, 1998
APPROVED AS TO CONTENT:
~ommu~-S-~rvices Board
APPROVED AS TO LEGAL
SUFFICIENCY:
Department Law
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AN ORDINANCE TO RATIFY RECENT
AMENDMENTS TO THE BYLAWS OF THE
COMMUNITY SERVICES BOARD
WHEREAS, the Community Services Board recently completed
a comprehensive review of its bylaws;
WHEREAS, after considering the proposed changes, the
Board, at a meeting conducted on June 10, 1998, approved a series
of amendments to its bylaws;
WHEREAS, Article XII of the Board's bylaws provides that
amendments to the bylaws must be reviewed and ratified by City
Council; and
WHEREAS, City Council has reviewed the recommended
amendments to the bylaws of the Community Services Board and finds
them to be acceptable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby ratifies the amendments to the
bylaws of the Community Services Board, as approved by the Board,
and attached hereto as Exhibit '~A".
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
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CA-7049
ORDIN\NONCODE\ CSB- 2. ORD
R-2
June 12, 1998
APPROVED AS TO CONTENT:
Communi~y~ervi6es Board
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of'Law '
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE SERVICES TO
REFLECT CHANGES TO THE CODE OF VIRGINIA
CONCERNING COMMUNITY SERVICES BOARDS
SECTIONS AMENDED: §§ 2-316, 2-317, AND 2-318
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article XI, Sections 2-316, 2-317, and 2-318 of the City
Code are hereby amended and reordained to read as follows:
ARTICLE XI. DEPARTMENT OF
MENTAL HEALTH~ A~B MENTAL
RETARDATION AND
SUBSTANCE ABUSE SERVICES
Sec. 2-316. Created; composition.
There is hereby created a department of mental health~ and
mental retardation and substance abuse services, which shall
consist of ~A di
and such other officers and employees as may be provided by the
council or by the orders of the city manager or director consistent
therewith.
Sec. 2-317. Functions.
The department of mental health~ and mental retardation and
substance abuse services shall be responsible for the exercise of
all mental health~ and mental retardation and substance abuse
functions imposed on municipalities by general law and shall have
such other powers and duties as may be assigned by the council.
Sec. 2-318. Appointment, powers and duties of director.
The hcad director of the department of mental health~ and
mental retardation and substance abuse services shall be the
executive director of
~t~d~t~n. the community services board, ~e who shall be
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sc~-Jiccs board in accordance with section 37.1-197(B)(6) of the
Code of Virginia. :lc The director shall have general management and
control of the several bureaus, divisions and other units of the
department=~ IIc and shall have all the powers and duties which are
conferred by the community ..... ~ ~--~-~ -~ ---~-~ ~--~-'io
services board ~'- '~- ='--~ ..... ~ his =-'~' ....
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 7th day of July, 1998.
CA-7055
DATA/ORDIN/PROPOSED/02-316et.ORD
R3
June 30, 1998
APPROVED AS TO CONTENTS:
Community Services Board
APPROVED AS TO LEGAL
SUFFICIENCY-.
Department of Law
- 34 -
Item V-L. 4. a/b/c/d
ORDINAIVCES/RESOL UTIONS
ITEM # 43787
Upon motion by
Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinances to AMEND the FY 1998-1999 Operating Budget of the
Department of Housing and Neighborhood Preservation re funds
received from the United States Department of Housing and Urban
Development (HUD); and, estimated federal revenue be adjusted
accordingly:
a. ACCEPTandAPPROPRIA TE $508,073 in Section 8 revenue to
provide additional Section 8 rental units.
DECREASE the budget by $98,976 to reflect decreased
amounts of available federal revenue from the Community
Development Block Grant program.
c. ACCEPT and APPROPRIATE $65,000 grant revenue to fund
housing opportunities for persons with AIDS.
ACCEPT and APPROPRIATE $63,200 in Home Program
Revenue to rehabilitate and repair homes of persons with low to
moderate incomes.
e. ACCEPT and APPROPRIATE $37,000 in Emergency Shelter
Grant (EXG) revenue re Emergency Shelter programs.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
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AN ORDINANCE TO ACCEPT AND APPROPRIATE $508,073 IN
SECTION 8 REVENUE FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT TO DEPARTMENT OF HOUSING
AND NEIGHBORHOOD PRESERVATION'S FY 1998-99 OPERATING
BUDGET TO PROVIDE ADDITIONAL SECTION 8 RENTAL UNITS
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WHEREAS, the Virginia Beach Department of Housing and
Neighborhood Preservation receives federal funding through the
Section 8 Rental Assistance Subsidy program administered through
the United States Department of Housing and Urban Development.(HUD)
to provide Section 8 rental assistance to low and moderate income
families;
WHEREAS, $552,000 of federal Section 8 Rental Assistance
Subsidy revenue will be available from HUD in FY 1998-99 to fund
these rental subsidy payments;
WHEREAS, the amount of administrative fees to be earned
in FY 1998-99 by the City's participation in this program will be
$105,113, which is $43,927 less than originally estimated and
appropriated in the FY 1998-99 Operating Budget of the Department
of Housing and Neighborhood Preservation; and
WHEREAS, the net amount available to be appropriated,
after adjusting the budget to reflect the $43,927 reduction in
administrative fees, will be $508,073.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $508,073 in federal Section 8 rental subsidy
revenue is hereby accepted from HUD and appropriated to the
Department of Housing and Neighborhood Preservation's FY 1998-99
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and Operating Budget to provide rental assistance to low and
moderate income families; and
2. That estimated f~deral revenues are hereby increased
by $508,073 for FY 1998-99.
Requires an affirmative vote by a majority of the members
of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
7 July
day of , 1998.
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CA-7033
ORDIN\NONCODE\ RENTALS. ORD
R-1
PREPARED: July 1,1998
40 APPROVED AS TO CONTENT:
41
APPROVED AS TO LEGAL
SUFFICIENCY:
C~ty Attorney ~ I
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AN ORDINANCE TO AMEND THE FY 1998-99
OPERATING BUDGET TO DECREASE THE
DEPARTMENT OF HOUSING ANDNEIGHBORHOOD
PRESERVATION'S BUDGET BY $98,976 TO
REFLECT DECREASED AMOUNTS OF AVAILABLE
FEDERAL REVENUE FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, The City of Virginia Beach receives annual
funding from the United States Department of Housing and Urban
Development ("HUD") to fund programs to rehabilitate and repair
homes of persons with low to moderate incomes; and
WHEREAS, The amount of revenue available from .HUD's
Community Development Block Grant program for Fiscal Year 1998-99
will be less than estimated by $98,976, resulting in a total of
$3,044,000 of available revenue.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the FY 1998-99 Operating Budget is hereby
amended to reduce the Department of Housing and Neighborhood
Preservation's budget by $98,976 to reflect decreased amounts of
federal revenue from the HUD Community Development Block Grant
program; and
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That estimated federal revenue is hereby decreased
by $98,976 for FY 1998-99.
Adopted b~ the Council of the City of Virginia Beach,
Virginia, on the day of July , 1998.
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APPROVED AS TO CONTENT:
CA-7042
DATA~ORDIN\NONCODE\CDBG99. ORD
R3
JUNE 29, 1998
APPROVED AS TO LEGAL
SUFFICIENCY:
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
AN ADDITIONAL $65,000 IN GRANT REVENUE
FROM THE U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT TO THE FY 1998-
99 OPERATING BUDGET OF THE DEPARTMENT
OF HOUSING AND NEIGHBORHOOD
PRESERVATION TO FUND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
WHEREAS, The City of Virginia Beach receives annual
funding from the United States Department of Housing and Urban
Development ("HUD") to fund housing opportunities for people with
AIDS; and
WHEREAS, The Housing Opportunities for People With AIDS
("HOPWA") Grant program is providing additional revenue in the
amount of $65,000 that can be appropriated to the FY 1998-99
Operating Budget of Housing and Neighborhood Preservation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That an additional $65,000 in HOPWA grant revenue
from HUD is hereby accepted and appropriated to the FY 1998-99
Operating Budget of the Department of Housing and Neighborhood
Preservation to fund housing opportunities for persons with AIDS;
and
2. That estimated federal revenue is hereby increased
by $65,000 for FY 1998-99.
Requires an affirmative vote by a majority of the members
of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of
I--A~ro~e~--as ~ontent
July
, 1998.
Approved ~ to Legal
Sufficiency
CA-7044
DATA\ORDINkNONCODEkHOPWA99.ORD
JUNE 29, 1998
R2
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
AN ADDITIONAL $63,200 IN HOME PROGRAM
REVENUE FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT TO THE FY 1998-99
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
TO REHABILITATE AND REPAIR HOMES OF
PERSONS WITH LOW TO MODERATE INCOMES
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WHEREAS, The City of Virginia Beach receives annual
funding from the United States Department of Housing and Urban
Development (~HUD") to fund programs to rehabilitate and repair
single-family homes belonging to persons with low to moderate
incomes (the ~HOME" program); and
WHEREAS, The amount of HUD's HOME program revenue
available to the City for Fiscal Year 1998-99 will increase by
$63,200, for a total of $1,104,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That an additional $63,200 in HUD HOME Program
revenue is hereby accepted from HUD and appropriated to the FY
1998-99 Operating Budget of the Department of Housing and
Neighborhood Preservation to be used for the rehabilitation and
repair of homes of persons with low to moderate incomes; and
2. That estimated Federal revenue are hereby increased
by $63,200 for FY 1998-99.
Requires an affirmative vote by a majority of the members
of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
32 CA-7046
33 DATA\ORDIN\NONCODE\HOME99.ORD
34 JUNE 29, 1998
35 R2
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37 APPROVED AS TO CONTENT:
39 Management S~es
APPROVED AS TO LEGAL SUFFICIENCY:
Law Department
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
$37,000 IN EMERGENCY SHELTER GRANT
(ESG) REVENUE FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT TO THE FY 1998-99
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
TO FUND EMERGENCY SHELTER PROGRAMS
WHEREAS, The City of Virginia Beach receives annual
funding from the United States Department of Housing and Urban
Development ("HUD")to fund emergency shelter programs for the
homeless; and
WHEREAS, An additional $37,000 in funding from HUD will
be available for the Department of Housing and Neighborhood
Preservation's 1998-99 operating budget for the Emergency Shelter
Grant program;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That an additional $37,000 in Emergency Shelter
Grant revenue is hereby accepted from HUD and appropriated to the
FY 1998-99 Operating Budget of the Department of Housing and
Neighborhood Preservation to fund emergency shelter programs for
the homeless; and
2. That estimated federal revenue is hereby increased
by $37,000 for FY 1998-99.
Requires an affirmative vote bya majority of the members
of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
CA-7035
DATA\ORDIN~NONCODE~ESG99.ORD
JUNE 29, 1998
R3
Approved as to Content
Management Z~PV~c e s
Approved as to Legal
Sifficiency
Departmen~ o~ Law
Item V-L. 5.
- 35 -
ORDINANCES/RESOL UTIONS
ITEM # 43 788
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance re a Cooperative Agreement between City Council and the
Virginia Beach School Board re provision of legal services to the Board
by the Office of the City Attorney in Fiscal Year 1998-1999.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
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AN ORDINANCE APPROVING A
COOPERATIVE AGREEMENT
BETWEEN CITY COUNCIL AND THE
VIRGINIA BEACH SCHOOL BOARD
PERTAINING TO THE PROVISION
OF LEGAL SERVICES TO THE
BOARD BY THE OFFICE OF THE
CITY ATTORNEY IN FISCAL YEAR
1998-99
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WHEREAS, the Office of the City Attorney provided legal
services to the Virginia Beach School BOard and School
Administration in FY 1997-98 pursuant to a "Cooperative Agreement"
which was approved by the Board on June 17, 1997, and by City
Council on June 24, 1997;
WHEREAS, the "Cooperative Agreement" for FY 1997-98,
which expires on June 30, 1998, provides that "[t]his Cooperative
Agreement ... may be revised, as necessary, and renewed each fiscal
year ...;
WHEREAS, a "Cooperative Agreement" for FY 1998-99, which
includes minor revisions to the FY 1997-98 Agreement, was approved
by the School Board at its meeting of June 16, 1998; and
WHEREAS, City Council agrees that it is in the best
interests of the City and the School Board for the Office of the
City Attorney to continue to provide legal services to the School
Board pursuant to the revised "Cooperative Agreement" for FY 1998-
99.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby approves the Cooperative
Agreement which is attached hereto as Exhibit A; and
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2. That the Mayor is hereby authorized to execute the
Cooperative Agreement on behalf of the City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
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CA-7067
ORDIN\NONCODE\LEGALSER.ORD
R-1
PREPARED: 06/24/98
APROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Exhibit A
COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL
AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE
SCHOOL BOARD AND SCHOOL ADMINISTRATION
BY THE OFFICE OF THE CITY ATTORNEY
IN FISCAL YEAR 1998-99
Factual Background;
1. Chapter 9 of tile Charter of the City of Virginia Beach, Virginia ("City
Charter") provides that the City Attorney shall be the chief legal advisor of the City Council,
the City Manager, and of all d~partments, boards, commissions and agencies of the City in
all matters affecting the interests of the City, and that he shall have such powers and duties
as may be assigned by the Council. ~
2: The City Charter also provides that the City Attorney is appointed by the City
Council and serves at its pleasure.
3. The School Board is established by the Virginia Constitution, the City Charter,
and provisions of general law, and is a body corporate vested with all of the powers and duties
of local school boards conferred by law, including the right to contract and be contracted with,
to sue and be sued, and to purchase, take, hold, lease, and convey school property both real
and personal.
4. The School Board is authorized by Section 22.1-82 of the Code of Virginia
(1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds
appropriated to the School Board.
5. Since the inception of the City and its School Board, the Office of the City
Attorney has provided legal services to the School Board and School Administration in certain
matters with the consent of both bodies.
6. Both the City Council and the School Board recognize that the reasons for
sharing services of the City Attorney's Office include potential savings to taxpayers, expertise
of the City Attorney's Office in City and School Board matters, institutional memory, and the
ability of the City Attorney's Office to provide a wide range of legal services to the Board
based upon the expertise of the attorneys in numerous specialized areas of the law.
7. Generally, the Office of the City Attorney has provided day-to-day legal services
to the School Board with respect to real estate matters, representation of the Board on
personnel matters, general administrative and procedural issues, and minor litigation, and the
School Board has employed, independent legal counsel in matters involving special education,
representation of School Administration on personnel-issues, and most litigation, especially
where the Board is indemnified by insurance.
8. Prior to FY 1993-94, the Office of the City Attorney allocated approximately
one-third of an attorney's time (500 hours) annually to school matters; however, this
allocation, funded 100% by the City, was routinely exceeded.
9. In Cooperative Agreements entered into by and between the City Council and
the School Board for FY 1994-95 and FY 1995-96, it was recognized that, at a minimum, the
equivalent of one full-time attorney position of approximately 1650 hours with staff support
was necessary to adequately perform the level of service historically provided to the Board,
and that new issues would continue to evolve with the advent of an elected School Board
which might alter or enlarge the amount of legal services that the School Board would want
to be provided by the Office of the City Attorney.
10. In FY 1996-97 and FY 1997-98 the City Attorney agreed to provide the
equivalent of two (2) full-time attorney positions (or 3300 hours per year) and one secretarial
position. In FY 1996-97 the attorney hours provided were 3443 and in FY 1997-98 it is
projected that attorney hours provided will exceed 3300.
11. The Office of the City Attorney will provide the equivalent of two (2) full-time
attorney positions (or 3300 hours per year) and one (1) secretarial position beginning July 1,
1998.
12. The Virginia Code of Professional Responsibility for the Legal Profession
requires the independent professional judgment of the Office of the City Attorney on behalf
of its clients.
13. The City Council and the School Board recognize that the potential for
conflicting interests between the Council and the Board may arise and that, in such cases, the
City Attorney must refrain from representation of interests which may conflict.
14. The City Council and the School Board also recognize that they must work
together and with the City Attorney to identify any real or perceived potential for conflict at
the earliest possible time, advise each other and the City Attorney of any such conflict as soon
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as it arises so as not to compromise the interests of the City Council or the School Board, and
assist the City Attorney in avoiding any violation or appearance of violation of the Code of
Professional Responsibility.
15. The City Council and the School Board further recognize that it remains in the
best interest of the taxpayers of the City for the School Board to continue to use the legal
services of the Office of the City Attorney to the extent that no real or perceived conflict is
present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal
business of the Board.
Objectives:
The objective of this Cooperative Agreement is to define the scope and nature of the
relationship between the City Attorney's Office and the Sch6ol B~oard, to provide for the
delivery of designated legal services to the School Board, and to avoid any real or perceived
conflict in the delivery of those services.
NOW, THEREFORE, the City Council and the School Board hereby agree as follows:
1. The Office of the City Attorney will .dedicate one full-time attorney at a
minimum of the Attorney IV level, or as otherwise mutually agreed. The dedicated attorney
will be located in the School Administration Building and will devote all of his/her time (i.e.,
1650 hours per year) to the provision of legal services to the School Board and School
Administration.
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2. During the term of this Agreement, the dedicated attorney shall be John F.
Newhard, Jr., subject to reassignment in the judgment of the City Attorney; provided,
however, that selection of the dedicated attorney shall be mutually agreed upon. Additionally,
if a majority of the members of the Board express dissatisfaction with the legal services
provided by the dedicated attorney, or by any other attorney providing services to the Board,
the City Attorney will meet with the Board to discuss and evaluate its concerns. Furthermore,
if the Board and the City Attorney agree that the most reasonable way to address the Board's
concerns is to assign another attorney to represent the Board, the City Attorney will use his
best efforts to make such an assignment as soon as possible.
3. The Office of the City Attorney will also provide an additional 1650 hours per
year of legal services to the School Board and School Administration. These services will be
provided by the other attorneys in the Office based upon their various areas of expertise with
school-related legal issues.
4. The Office of the City Attorney will provide day-to-day legal services to the
School Board and School Administration with respect to real estate matters, representation of
the School Administration in personnel matters, general administrative and procedural issues,
and general litigation, and, with the exception of special education issues, will endeavor to
handle as many other legal matters in-house as it is capable of handling subject to the
provisions of this Agreement.
5. Throughout the term of this Agreement, the Office of the City Attorney will
maintain an open line of communication with the Board and the Division Superintendent, and
will keep them apprised, on a regular basis, of the sums of all legal matters being handled on
behalf of the Schobl Board and School Administration; provided, however, that the Office of
the City Attorney shall not communicate with the Division Superintendent concerning those
matters being handled on a confidential basis for the School Board or for individual Board
members in accordance with applicable Board policies and applicable provisions of the
Superintendent's contract. Additionally, the Office of the City Attorney will provide the
Superintendent and the School Board a quarterly report of the legal services and attorney hours
provided pursuant to this Agreement and, upon request of the Board, the Board Chairman, or
the Superintendent, will identify the amount of attorney hours expended in response to
inquiries from individual Board members.
6. The' City Council and the School Board recognize and understand that the School
Board shall be responsible for the management of its legal matters; that, to the extent
contemplated by this Agreement, the City Attorney shall be designated as the chief legal
advisor of the Board and the School Administration, and shall assist the Board and
Administration in the management of the Board's legal matters; and that the City Attorney
shall report to the Board concerning those matters he has been assigned by the Board to
manage and/or handle on its behalf.
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7. The City Council and the School Board recognize the potential for real or
perceived conflicts in the provision of legal services by the City Attorney, and agree to be
vigilant in advising the City Attorney of such issues as they arise. Additionally, the City
Council and the School Board understand that in such cases, the City Attorney will refrain
from participation on behalf of the School Board but, to the extent ethically permissible, will
continue representation of the City Council.
8. The City Council and the School Board further recognize that the ability of the
City Attorney's Office to provide legal services to the School Board is limited by the attorney
hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical
constraints as they may arise. In the event it is anticipated that the attorney hours needed by
the School Board and School Administration during FY 1998-99 will exceed the hours
allocated pursuant to this Agreement, the City Attorney's Office will provide reasonable notice
to the School Board, and the cost of such additional hours shall be negotiated.
9. The parties agree that this Cooperative Agreement is not a contract to be
enforced by either party but is rather an agreement setting forth the understanding of the
parties regarding the parameters within which the Office of the City Attorney will provide
legal services to the School Board and School Administration.
10. As indicated herein, it is not contemplated that the City Attorney's Office will
provide more than 3300 hours of legal services under this Agreement in FY 1998-99.
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11. The School Board shall transfer funds in the amount of $191,883.87 from its
FY 1998-99 Operating Budget to the FY 1998-99 Operating Budget of the Office of the City
Attorney to fund the annual salaries, benefits, and certain administrative costs of one (1)
Senior Attorney, one (1) Attorney II, and one (1) Legal Secretary I. Transfers of 25% of the
total shall be made July first, October first, January first, and April first.
12. This Cooperative Agreement shall commence with the fiscal year of the parties
which begins July 1, 1998, and ends June 30, 1999, and may be revised, as necessary, and
renewed each fiscal year thereafter; provided, however, that each party shall give the other
party notice of any intention to revise or not to renew the Agreement within ninety (90) days
of the date of expiration of this Agreement, or any renewal hereof, in order that the other
party will have the opportunity to make appropriate budget and staffing adjustments.
13. This Agreement shall be submitted to, and approved by, the City Council and
the School Board prior to July 1, 1998.
SCHOOL BOARD OF CITY OF VIRGINIA BEACH
Robert F. Hagans, Jr., (~lairman"
CITY COUNCIL, CITY OF VIRGINIA BEACH
By:
Meyera E. Oberndorf, Mayor
School Board of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the School Board of the
City of Virginia Beach, Virginia on June 16, 1998.
By:
Clerk of the School Boardtg
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council of the
City of Virginia Beach, Virginia on , 1998.
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By:
City Clerk
G:\US ERS\K PFISTER\WP~WORK\COOP3. AG M
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Item V-L. 6. a.
-36-
ORD INANCES/RES OL UTI ONS
ITEM II 43 789
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's right-of-way by the CONTEMPORARYART
CENTER OF VIRGINIA re constructing and maintaining an
identification sign at 23rd Street and Parks Avenue (BEACHDISTRICT),
The following conditions shall be required:
o
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The applicant will construct and maintain the temporary
encroachment in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach, and
in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment
and location.
It is agreed that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to the
applicant, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Parks Avenue by the applicant, who
shall bear all costs and expenses of such removal.
The applicant shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
The applicant agrees to maintain said encroachment so as not to
become unsightly or a hazard.
The applicant shall make no open cut of a public roadway unless
the plan is approved by the City Manager or his designee and the
City Engineer.
The applicant must obtain a permit from the Development
Services Center prior to commencing any construction within the
City's right-of-way.
The applicant, prior to issuance of a Highway permit, must post
a Performance Bond in the amount orS1, 000.
Item V-L. 6. a.
-37-
ORDINANCES/RESOLUTIONS ITEM # 43789 (Continued)
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The applicant shah obtain and keep in force aH risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and aH insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant also agrees to carry comprehensive general
liability insurance in an amount not less than $500,000,00,
combined single limits of such insurance policy or policies. The
applicant will provide endorsements providing at least thirty (30)
days written notice to the City prior to the cancellation or
termination of or material change to, any of the insurance
policies. The applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
Any above ground temporary encroachments shah conform to the
minimum setback requirements, as established by the City Traffic
Engineer's Office.
The encroaching Art Center sign shall not exceed eighty-four
(84) square feet per face, shall not exceed two (2)faces, shall not
exceed twelve (12)feet above the natural grade at the curb, and
landscaping shall be approved by the Landscape Services
Division of the Department of General Services.
The applicant shah submit for review and approval, a survey of
the area being encroached upon, certified by a professional
engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
The City, upon revocation of such authority and permission so
granted, may remove any such encroachment and charge the cost
thereof to the applicant, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the applicant to remove such temporary encroachment;
and pending such removal, may charge the applicant
compensation for the use of such portion of the City's right-of-
way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City shah impose a
penalty in the sum of One Hundred Dollars ($100. 00) per day for
each and every day that such encroachment is allowed to
continue thereafter, and shah collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
Item V-L. 6. a.
- 38-
ORDINANCES/RESOLUTIONS ITEM # 43789 (Continued)
Voting: 9-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera
E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Nancy K. Parker
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE
RIGHT-OF-WAY BY THE
CONTEMPORARY ART CENTER OF
VIRGINIA, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Contemporary Art Center of Virginia desires to
construct and maintain an identification sign into the City's
right-of-way located at 23rd Street and Parks Avenue.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2107 and 15.2-2009, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as
amended, the Contemporary Art Center of Virginia, their heirs,
assigns and successors in title is authorized to construct and
maintain a temporary encroachment for an identification sign in the
City's right-of-way as shown on the map entitled: "Plat showing
Sign Encroachment For Contemporary Art Center Lynnhaven Borough --
Virginia Beach, Virginia Survey Bureau Engineering Division
Department of Public Works City of Virginia Beach" a copy of which
is on file in the Department of Public Works and to which reference
is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
the Contemporary Art Center of Virginia which is attached hereto
and incorporated by reference; and
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4O
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BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as the Contemporary Art Center of
Virginia and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
43
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CA-# ~'~ 7?-
pdej esu/encroach/art center
R-1
PREPARED: 6/16/98
O~D ~. TO CONTENTS
DEPARTMENT
APPROVED AS TO LEC~AL
P~PARED EY VIRGIN~ BEACH
CITY ATTO~EY'S OFFICE
EXERTED FROM ~CORDATION TAXES
UNDER SECTION 58.1-$11(a) (3) AND 58.1-811(c) (4)
~IMBURSE~ A~HORIZED ~DER SECTION 25-249
THIS AGREEMENT, made this J~A day of J&c,~ ,
19 ._ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and the
CONTEMPORARY ARTS CENTER OF VIRGINIA, A NONPROFIT VIRGINIA
CORPORATION, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE,
party of the second part.
WITNESS ETH:
That, WHEREAS, the party of the second part is the
lessee of that certain lot, tract, or parcel of land designated and
described as Seacrest Park and being further designated and
described as 2200 Parks Avenue, Virginia Beach, Virginia 23451 -
GPIN 2417-88-0355 and
That, WHEREAS, it is proposed by the party of the second
part to construct and maintain a sign in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining such proposed
sign, it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known as
Parks Avenue, and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such proposed sign within a portion of the City's right-
of-way known as Parks Avenue.
GPIN 2417-88-0355
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the party of the
second part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part, receipt
of which is hereby acknowledged, the party of the first part doth
grant to the party of the second part a temporary encroachment to
use a portion of the City's right-of-way known as Parks Avenue for
the purpose of constructing and maintaining such proposed sign.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of Virginia
Beach Public Works Department's specifications and approval as to
size, alignment and location and is more particularly described as
follows, to wit:
An area of encroachment into a
portion of the City's right-of-
way known as Parks Avenues as
shown on that certain plat
entitled: PLAT SHOWING SIGN
ENCROACHMENT FOR CONTEMPORARY
ARTS CENTER, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA,
SURVEY BUREAU, ENGINEERING
DIVISION DEPARTMENT OF PUBLIC
WORKS CITY OF VIRGINIA BEACH, a
copy of which is attached
hereto as Exhibit "A" and to
which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is given,
such temporary encroachment shall be removed from the City's right-
of-way known as Parks Avenue by the party of the second part; and
that the party of the second part shall bear all costs and expenses
of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or construction
of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the party of
the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part shall make no open cut of a public roadway
unless the plan is approved by the City Manager or his designee and
the City Engineer.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the Development
Services Center prior to commending any construction within the
City's right-of-way.
It is further expressly understood and agreed that prior
to issuance of a Highway permit, the party of the second part must
post a Performance Bond in the amount of $1,000.
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force all risk
property insurance and general liability or such insurance as is
deemed necessary by the party of the first part, and all insurance
policies must name the party of the first part as additional named
insured or loss payee, as applicable. The party of the second part
also agrees to carry comprehensive general liability insurance in
an amount not less than $500,000.00, combined single limits of such
insurance policy or policies. The party of the second part will
provide endorsements providing at least thirty (30) days written
notice to the party of the first part prior to the cancellation or
termination of, or material change to, any of the insurance
policies. The party of the second part assumes all
4
responsibilities and liabilities, vested or contingent, with
relation to the temporary encroachment.
It is further expressly understood and agreed that any
above ground temporary encroachments shall conform to the minimum
setbacks requirements, as established by the City Traffic
Engineer's Office.
It is further expressly understood and agreed that the
encroaching art center sign shall not exceed eighty-four (84)
square feet per face, shall not exceed two (2) faces, shall not
exceed twelve (12) feet above the natural grade at the curb, and
landscaping shall be approved by the Landscape Services Division
of the Department of General Services.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and charge
the cost thereof to the party of the second part, and collect the
cost in any manner provided by law for the collection of local or
state taxes; may require the party of the second part to remove
such temporary encroachment; and pending such removal, the party
of the first part may charge the party of the second part
compensation for the use of such portion of the City's right-of-way
encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the party of the
second part; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City shall impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
IN WITNESS WHEREOF, the Contemporary Arts Center of
Virginia has caused this Agreement to be executed in its corporate
name and on its behalf by its Director and Chairman, and its
corporate seal to be hereto affixed and duly attested by its
corporate secretary with due authority by its board of directors.
Further, that the City of Virginia Beach has caused this Agreement
to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk.
6
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
( SEAL ) ~
Su~ne Mastrac~o,- s~cr~[~ry
CONTEMPORARY ARTS CENTER
OF VIRGINIA
Edward Power
Chairman
APPROVED A,~ TO CONTENT
DEPARTMENT
APPROVED AS TO
LEGAL SUFFICIENCY
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose
name is signed to the foregoing Agreement bearing date on the
day of , 19 __, has acknowledged the same before
me in my City and State aforesaid.
GIVEN under my hand this day of ,
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, C~c%~w~_ ~~ , a Notary Public
in and for the City and State aforesaid, do hereby certify that
Edward Power, Chairman of the Contemporary Arts Center of Virginia,
whose name is signed to the foregoing Agreement bearing date on the
~ Day of ~-.x_ , 19~ , has acknowledged the same before
me in my City and State aforesaid.
My Commission Expires:
Notary Public
My Cemmissiofl Expires December 31,
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~..~. ~~ ~~ , a Notary Public
in and for the City and State aforesaid, do hereby certify that
Barbara Bloemink, Director of the Contemporary Arts Center of
Virginia, whose name is signed to the foregoing Agreement bearing
date on the ~ Day of ~ ~g-~c , 19~Z, has acknowledged the
same before me in my City and State aforesaid.
Notary Public
My Commission Expires: MyC~mi~ioflE~i~sgecember31,2009
9
SIGN
Ground Level
NEW SIGN PROFILE-SCALE:I"IO'
CITY OF VIRGINIA
(CONTEMPORARY ART
D.B. 495 , P. 447
12" Cherry
BEACH IC~ ~aple ~
CENTER)
2' Diameter Concrete
Va. Power Pole
~'~10" Maple
GPIN NO. 2417-88-0555
EXISTING STATE R/W
Gourd Roll
~/' / Edce of Pavement
I
I
I
4" Gum
Oo~ ~?
18" Maple
I
Concrete Pad
o
Guy Wires
Vo. Power Polo
VIRGINIA BEACH EXPRESSWAY (ROUTE 44)
~: WEST BOUND TRAFFIC
V E m !' --
LOCATION MAP
SIGN TO BE
PLACED AT SA~IE
LOCATION
PLAT SHOWING
SIGN ENCROACHMENT
FOR
CONTEMPORARY ART CENTER
LYNNHAVEN BOROUGH VIRGINIA BEACH ,VIRGINIA
SURVEY BUREAU ENGINEERING DIVISION
DEPARTMENT OF PUBUC WORKS
CITY OF VIRGINIA BEACH
Item V-L. 6. b.
- 39-
ORDINANCES/RESOLUTIONS
ITEM # 43 790
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's 50' drainage easement over the canal by
NANCY HANSEN re constructing and maintaining a wooden bulkhead
and maintaining an existing bulkhead and deck at 2225 Admiral Circle
in Cape Henry Shores (L YNNHA VEN DISTRICT)
The following conditions shall be required:
The applicant agrees that such temporary encroachment will be
constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach, and
in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment
and location.
The applicant agrees that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to the applicant, and that within thirty (30) days after such
notice is given, such temporary encroachment shall be removed
from the City's drainage easement by the applicant, and that the
applicant shall bear all costs and expenses of such removal.
o
The applicant shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to ftle or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain said encroachment so as not to
become unsightly or a hazard.
6.
The applicant must obtain a permit from Planning/Waterfront
Operations prior to commencing any construction within the
City's drainage easement.
7.
The City, upon revocation of such authority and permission so
granted, may remove any such encroachment and charge the cost
thereof to the applicant, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the applicant to remove such temporary encroachment;
and, if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
July 7, 1998
Item V-L. 6. b.
- 40 -
ORDINANCES/RESOLUTIONS ITEM # 43790 (Continued)
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William VK. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndo~ Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S FIFTY FOOT
(50') DRAINAGE EASEMENT BY NANCY
HANSEN, HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, NANCY HANSEN desires to construct and maintain
a wooden bulkhead and maintain an existing bulkhead and deck within
the City's 50' drainage easement over the canal behind her house
located at 2225 Admiral Circle in Cape Henry Shores.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments within the City's existing
easements subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, NANCY HANSEN, her heirs, assigns and successors in title,
is authorized to construct and maintain a temporary encroachment
for a wooden bulkhead and an existing bulkhead and deck in the
City's 50' drainage easement as shown on that certain plat
entitled: "PROPOSED BULKHEAD & FILL IN: MAN-MADE CANAL AT: 2225
ADMIRAL CIRCLE VIRGINIA BEACH, VA 23451 APPLICATION BY: NANCY
HANSEN," Sheet 1 of 5, Date: Sept. 24, 1997, and prepared by
Waterfront Consulting, Inc., a copy of which is on file in the
Department of Public Works and to which reference is made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
NANCY HANSEN (the "Agreement"), which is attached hereto and
incorporated by reference; and
36
37
38
39
40
41
42
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as NANCY HANSEN and the City Manager or
his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
7 July
Virginia, on the day of , 1998.
43
44
45
46
CA#-
TKENN\ENCROACH\HANSEN.ORD
R-1
PREPARED: 6/2/98
APP.O ED AS TO CO.TE.TS
~/~- SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
~'TY ATTOI~N/¥
2
PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58,1-811{a)(3) AND 58.1-8111c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~q ~ day of ff~'~'~
,
19~ %, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
NANCY HANSEN, divorced and not remarried, HER HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNESSETH:
THAT, WHEREAS, the party of the second part is the
owner of all that certain lot, tract or parcel of land designated
as Lot 41, as shown on the plat of Cape Henry Shores, Section
One, Lynnhaven Borough. Said property is also known as 2225
Admiral Circle, Virginia Beach, VA 23451, and is further
identified by the GPIN indicated hereinbelow; and
WHEREAS, it is proposed by the party of the second part
to construct and maintain a wooden bulkhead and to maintain an
existing bulkhead and deck in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such wooden
bulkhead and maintaining such existing bulkhead and deck, it is
necessary that the said party of the second part encroach into a
portion of an existing City 50' drainage easement, and said party
of the second part has requested that the party of the first part
grant a temporary encroachment to facilitate construction and
maintenance of such wooden bulkhead and the maintenance of such
existing bulkhead and deck within a portion of the City's 50'
GPIN 1590-70-3733
drainage easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's 50' drainage easement
for the purpose of constructing and maintaining such wooden
bulkhead and maintaining such existing bulkhead and deck.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment described as:
"PROPOSED BULKHEAD" and "EXIST. DECK" and
"EXIST. BULKHEAD" into a portion of the
City's 50' drainage easement as shown on
sheet 1 of that certain plat entitled:
"PROPOSED BULKHEAD & FILL IN: MAN-MADE CANAL
AT: 2225 ADMIRAL CIRCLE VIRGINIA BEACH, VA
23451 APPLICATION BY: NANCY HANSEN," sheet 1
of 5, dated Sept. 24, 1997, and prepared by
Waterfront Consulting, Inc., a copy of which
is attached hereto as Exhibit "A" and to
which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
2
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's drainage easement by the party of the second part, and
that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from
3
Planning/Waterfront Operations prior to commencing any
construction within the City's drainage easement.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part and
collect the cost in any manner provided by law for the collection
of local or state taxes, may require the party of the second part
to remove such temporary encroachment; and, if such removal shall
not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
IN WITNESS WHEREOF, NANCY HANSEN, the said party of the
second part has caused this Agreement to be executed by her
signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in.its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
4
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
City Clerk
Nancy ~ansen
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this
day of
CITY MANAGER.
, 19 , by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
5
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this \%~ day of t~ C~V~ , 19 ~ , by Nancy Hansen.
My Commission Expires:
./~P. OVE, D AS TO CONTENT
w.----- D~PAtt1ME~'
APPROVED AS TO
LEGAL ~UFF,CiENC~Y~.~
LOCATION MAP
SCALE: 1" = 1,600'
FOR
DRAINAGE &
OWNERS USE
98--S-343..kennedy
LOCATION MAP~
NCROACHMENT REQUEST
FO
NANCY
; s~C~E:'~" = ~oo' .~
PREPARED BY P~ ENG. D~.
01---JUN-1998
NAN-MADE CANAL
EXIS TING WIDTH OF CANAL
BULKHEAD TO BULKHEAD 46.5'
· '~.-EBB ~ FLOOD ~
N $$°10'20' E 121.$0'
'o I PL IS CL OF 50' DRAINAGE & USE EASEHENT
~'~I~ ~' I
TIE INTO EXIST. ~
BULKI*~AD OF G If/LES
...... SNOW FENCE & LIHIT OF CONSTRUCTION
oNE-STY-BRK
2225
'T"l ~ INTO
r BULKHEAD OF
D.
PIN
DRILL
HOLE
ADNIRAL
CIRCLE (50')
PURPOSE: MAINTENANCE
DATUM: NVGD MSL 0.00'
ADJACENT PROPERTY OWNERS
1. GARLAND MILES
2. BRUCE WHITEHOUSE
3. ANGELA DEROSA
4. DANIEL HARRISON
WATERFRONT
CONSULTING, INC
4698 HANOVER COURT
VIRGINIA BEACH, VA 23464.
PHN: ('757) 495-8566
FAX: ('757) 495-8566
PROPOSED BULKHEAD &: FILL
IN: MAN-MADE CANAL
AT: 2225 ADMIRAL CIRCLE
VIRGINIA BEACH, VA 23451
APPLICATION BY:
NANCY HANSEN
SHEET / OF 5
DATE: SEPT. 24, 1997
- 41 -
Item V-L. 6. c..
ORDINANCES/RESOL UTIONS
ITEM Il 43 790
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's right-of-way at 5'* Street, 6tn Street and
Atlantic Avenue by PROFESSIONAL HOSPITALITY RESOURCES
acting as agent for the unit owners' association of Beach Quarters, a
resort hotel condominium, re constructing and maintaining a 2"fiber
optic conduit (BEACH DISTRICT)
The following conditions shall be require&:
The applicant agrees to construct and maintain the temporary
encroachment in accordance with the laws of the Commonwealth
of Virginia and the City of Virginia Beach, and in accordance
with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location.
The temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the applicant and
that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's right-
of-way known as 5tn Street, 6th Street and Atlantic Avenue by the
applicant; and that the applicant shall bear all costs and
expenses of such removal.
The applicant shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain said temporary encroachment
so as not to become unsightly or a hazard.
6.
The applicant shall restrict all construction work in the City's
right-of-way of 5th Street, 6tn Street and Atlantic Avenue to
between the dates of September 30tn and May 1st.
7. The applicant must submit and have approved a traffic control
plan before commencing work in the City's right-of-way.
The applicant agrees that no open cut of the public roadway
shall be allowed and that the 'Jack" or "bore" method of
installation must be used within the right-of-way of 5t~ Street, 6a
Street and Atlantic Avenue. Any exceptions must be approved by
the Engineering Division, Department of Public Works with
concurrence of the Resort Area Advisory Commission.
The applicant must obtain a Right-of-Way Permit from the
Development Services Center (DSC) of Planning prior to
commencing any construction within the City's right-of-way.
Prior to issuance of the Right-of- Way Permit, the applicant must
post a Performance Bond based on the design or consultant
engineer's cost estimate.
Item V-L. 6. c..
ORDINANCES/R SOL UTIONS
- 42 -
ITEM ii 43790 (Continued)
Voting:
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The applicant shall obtain and keep in force All Risk Property
Insurance and General Liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant also agrees to carry Comprehensive General
Liability Insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
applicant will provide endorsements providing at least thirty (30)
days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance
policies. The applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
The applicant shall submit for review and approval, a survey of
the area being encroached upon, certified by a registered
professional engineer or a licensed land surveyor, and/or "as
built" plans of the temporary encroachment sealed by a
registered professional engineer, if required by either the City
Engineer's Office or the Engineering Division of the Public
Utilities Department.
The City, upon revocation of such authority and permission so
granted, may remove any such temporary encroachment and
charge the cost thereof to the applicant, and collect the cost in
any manner provided by law for the collection of local or state
taxes; may require the applicant to remove such temporary
encroachment; and pending such removal, the City may charge
the applicant compensation for the use of such portion of the
City's right-of-way encroached upon the equivalent of what
would be the real property tax upon the land so occupied if it
were owned by the applicant; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect
such compensation and penalties in any manner provided by law
for the collection of local or state taxes.
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
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Requested by Department of Public Works
Aiq ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY OF 5TH STREET,
6TH STREET, A/ND ATLANTIC
AVENUE BY PROFESSIONAL
HOSPITALITY RESOURCES, INC.,
ITS ASSIGNS AND SUCCESSORS
IN TITLE
WHEREAS, Professional Hospitality Resources, Inc., acting
as agent for the unit owners' association of Beach Quarters, a
resort hotel condominium, desires to construct and maintain a 2"
fiber optic conduit into the City's right-of-way located at 5th
Street, 6th Street and Atlantic Avenue, and
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, Professional Hospitality Resources, Inc. its assigns and
successors in title is authorized to construct and maintain a
temporary encroachment for a 2" fiber optic conduit in the City's
right-of-way as shown on the map entitled: "PLAT SHOWING
ENCROACHMENT OF 2" FIBER OPTIC CONDUIT 5TH ST., 6TH ST. &
ATLANTIC AVENUE VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 60' MARCH 31, 1998," a copy of which is on file in
the Department of Public Works and to which reference is made for
a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
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Professional Hospitality Resources, Inc., (the "Agreement") which
is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as an authorized officer for Professional
Hospitality Resources, Inc. and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July
, 1998.
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CA- 70 Z ~
ENCROACH\BCHQUART. ERS \ORD
PREPARED: 5-7-98
DEPARTMENT
APPROVED AS TO LE~%L
PREPARED BY VIRGINIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(aX3)
AND 58.1-811(cX4) REIMBURSEMENT
A[JTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this /] w~,
day of f~ a'~ , 1998, by
and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and PROFESSIONAL HOSPITALITY RESOURCES, INC., ITS ASSIGNS
AND SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNE$$ETH:
That, WHEREAS, the party of the second part is Professional Hospitality Resources,
Inc., agent for the unit owners' association of The Beach Quarters, a resort hotel condominium
with common elements currently known as Best Western Beach Quarters Inn, Clarion Resort and
Conference Center, Ramada on the Beach and Turtle Cay Owners' Association located along
Atlantic Avenue at its intersections with 5th Street, 6th Street and Rudee Loop in Virginia Beach,
Virginia; and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain a 2" fiber optic conduit in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 2" fiber optic conduit, it is
necessary that the said party of the second part encroach into a portion of existing City right-of-
way known as 5th Street, 6th Street and Atlantic Avenue; and said party of the second part has
GPIN 2427-32-0300
requested that the party of the first part grant a temporary encroachment to facilitate such
2" fiber optic conduit within a portion of the City's fight-of-way known as 5th Street, 6th
Street and Atlantic Avenue.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the party of the second part and for the further consideration of
One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is
hereby acknowledged, the party of the first part doth grant to the party of the second part
a temporary encroachment to use a portion of the City's right-of-way known as 5th Street,
6th Street and Atlantic Avenue for the purpose of constructing and maintaining such 2" fiber
optic conduit.
It is expressly understood and agreed that such temporary encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City of Virginia
Beach Public Works Department's specifications and approval as to size, alignment and
location and is more particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's right-of-way known as
5th Street, 6th Street and Atlantic Avenue as
shown on that certain plat entitled: "PLAT
SHOWING ENCROACHMENT OF 2"
FIBBER OPTIC CONDUIT 5TH ST., 6TH
ST. & ATLANTIC AVENUE VIRGINIA
BEACH BOROUGH VIRGINIA BEACH,
VIRGINIA SCALE: 1" = 60' MARCH 31,
1998," a copy of which is attached hereto
as Exhibit "A" and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party
of the second part, and that within thirty (30) days after such notice is given, such
temporary encroachment shall be removed from the City's right-of-way known as 5th
Street, 6th Street and Atlantic Avenue by the party of the second part; and that the party of
the second part shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the party of the second part
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
from and against all claims, damages, losses and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a
hazard.
It is further expressly understood and agreed that the party of the second part
shall restrict all construction work in the City's fight of way of 5th Street, 6th Street and
Atlantic Avenue to between the dates of September 30th and May 1st.
It is further expressly understood and agreed that the party of the second part
must submit and have approved a traffic control plan before commencing work in the
City's right-of-way.
It is further expressly understood and agreed that the party of the second part
agrees that no open cut of the public roadway shall be allowed and that the "jack" or
"bore" method of installation must be used within the right of way of 5th Street, 6th Street
and Atlantic Avenue. Any exceptions must be approved by the Engineering Division,
Department of Public Works with concurrence of the Resort Area Advisory Commission.
It is further expressly understood and agreed that the party of the second part
must obtain a Right of Way Permit from the Development Services Center (DSC) of
Planning prior to commencing any construction within the City's right-of-way. Prior to
issuance of the Right of Way Permit, the party of the second part must post a Performance
Bond based on the design or consultant engineer's cost estimate.
It is further expressly understood and agreed that the party of the second part
shall obtain and keep in force All Risk Property Insurance and General Liability or such
insurance as is deemed necessary by the party of the first part, and all insurance policies
must name the party of the first part as additional named insured or loss payee, as
applicable. The party of the second part also agrees to carry Comprehensive General
4
Liability Insurance in an amount not less than $500,000.00, combined single limits of
such insurance policy or policies. The party of the second part will provide endorsements
providing at least thirty (30) days written notice to the party of the first part prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
party of the second part assumes all responsibilities and liabilities, vested or contingent,
with relation to the temporary encroachment.
It is further expressly understood and agreed that the party of the second part
shall submit for review and approval, a survey of the area being encroached upon,
certified by a registered professional engineer or a licensed land surveyor, and/or "as
built" plans of the temporary encroachment sealed by a registered professional engineer,
if required by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
It is further expressly understood and agreed that the party of the first part,
upon revocation of such authority and permission so granted, may remove any such
temporary encroachment and charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection of local or state taxes;
may require the party of the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge the party of the second part
compensation for the use of such portion of the City's right-of-way encroached upon the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the party of the second part; and if such removal shall not be made within the
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time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum
of One Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Professional Hospitality Resources, Inc. has
caused this Agreement to be executed by Kenneth C. Taylor, as Managing Agent for
Beach Quarters Unit Owners' Association. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
AI:',"~OVI~ A.~S T9 ~ON;(~NT
APPROVED AS TO
LEGAL '?' ~:~': ,~,ov
6
PROFESSIONAL HOSPITALITY
RESOURCES, INC., AGENT FOR
BEACH QUARTERS UNIT
OWNERS' ASSOCIATION
'Kenneth C. Taylor
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
of , 1998, by
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
day
, CITY
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
of
The foregoing instrument was acknowledged before me this day
,1998, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
Notary Public
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this // day
of Oq~
,1998, by Kenneth C. Taylor, Director of Operations, on behalf
of Professional Hospitality Resources, Inc.
My Commission Expires:
o :a
Notary Public
LOCATION MAP
SCALE: 1" = 1,600'
11
OPTIC
~T
o o o o o o o o o o o o o o
o o o o o
2427-32-171~
11
OPTIC
· ' ~.OCATION
MA!:)
ENCROACHMENT OF 2" FIBER OPTIC CONDUIT
INTO
STHSTREET, GTH STREET & ATLANTIC AVENUE
FOE
PROFESSIONAL HOSPITALITY
RESOURCES, INC.,
AGENT FOE
BEACH QUARTEI~ UNIT OWNER'S ASSOCIATION
SCALE: 1" = 200'
PREPARED BY P/W ENG. DRAFT. MAY 4,1~38
..... = DENOTES PROPOSED 2' FIBER OPTIC CABLE
RAMADA INN ~
ON THE BEACH ,..
615 ATLANTIC AVENUE
GPIN: 2427-23-9449
'TURTLE CAY'
(UNDER CONSTRUCTION)
BOARDWALK
305.00'
ATLAN~C AVENUE
'CLARION
501
GPIN: 2427-33-1022 CM
o
DISK
,~ISKm
L CURB &: GUTTER (TYP.)
i
I
L,/
OCEAN LOT INVESTMENT CO.
BLOCK 6
M.B. 7 P. 6
RESORT & CONFERENCE CENTER'
305.00'
ATLANTIC AVENUE (80' R/~)
(M.a. 7 P.
6)
S 06'50'00" E
145.00'
LOT 1 <
M.B. 7 P. 6 .
PLAT SHOWING
ENCROACHMENT OF
5th ST., 6th ST.
VIRGINIA BEACH BOROUGH
SCALE: 1" = 60'
2" FIBER OPTIC CONDUIT
& ATLANTIC AVENUE
VIRGINIA BEACH, VIRGINIA
MARCH 31, 1998
96-89
JB D: X96-sgENc
GALLUP SURVEYORS & ENGINEERS, LTD.
315 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
PHONE: 428-81,32
PAGE 1 OF 3
..... = DENOTES PROPOSED 2" FIBER OPTIC CABLE
305.00'
"CLARION'
305.00'
145.00'
BOARDWALK
VlROINIA BEACH HOLDINO CORP.
BLOCK 4
M.B. 1 P. 2O
M.B. 7 P. 95
NAIl.' PIN, ,300.00'
,:~ ^~.~c ^v~.ut (~o' ~ w.../w) ]"'~
OCEAN LOT INVESTMENT CO.
BLOCK 7
M.B. 7 P. 6
M.B. 251 P. 90
PLAT SHOWlNO
ENCROACHMENT OF
5th ST., 6th ST.
VIRGINIA BEACH BOROUGH
SCALE: 1" == 60'
2" FIBER OPTIC CONDUIT
& ATLANTIC AVENUE
VIROINIA BEACH, VIRGINIA
MARCH 31, 1998
96-89
J13 D: ~96-BgENC
OALLUP SURVEYORS & ENGINEERS, LTD.
315 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
PHONE: 428-8132
PAGE 2 OF .3
..... = DENOTES PROPOSED 2" FIBER OPTIC CABLE
VIRGINIA BEACH HOLDING CORP.
BLOCK 4
M.B. 1 P. 20
M.B. 7 P. 95
ATLANTIC AVENUE (80' & VAR. R/W)
(M.B. 7 P. 6)
EST WESTERN
'~ BEACH QUARTERS INN
,300 ATLANTIC AVENUE
GPIN: 2427-,32-0500
M.B. 190 P. 56
OCEAN LOT INVESTMENT CO.
BLOCK 7
M.B. 7 P. 6
M.B. 251 P. 90
ENCROACHMENT OF
5th ST., 6th ST.
VIRGINIA BEACH BOROUGH
SCALE: 1" -- 60'
PLAT SHOWIN(~
2" FIBER OPTIC CONDUIT
& ATLANTIC AVENUE
VIRGINIA BEACH, VIRGINIA
MARCH 31, 1998
96-89
JB D:~g6-89ENC
GALLUP SURVEYORS & ENGINEERS, LTD.
;315 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
PHONE: 428-8132
PAGE 3 OF 3
- 43 -
Item V-L. 6. d..
ORDINANCES/RESOL UTIONS
ITEM # 43791
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's variable width utility easement by
RIVER21NNE, L L. C., re constructing and maintaining an eighteen (18)
inch storm drainage pipe adjacent to Princess Anne Road just North of
Lord Dunmore Drive (KEMPSVILLE DISTRICT)
The following conditions shah be required:
The applicant agrees to construct and maintain such temporary
encroachment in accordance with the laws of the Commonwealth
of Virginia and the City of Virginia Beach, and in accordance
with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location.
The applicant agrees that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to the applicant, and that within thirty (30) days after such
notice is given, such temporary encroachment shah be removed
from the City 'S variable width utility easement by the applicant;
and that the applicant shah bear aH costs and expenses of such
removal.
The applicant shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees, from and against aH
claims, damages, losses and expenses including reasonable
attorney's fees in case it shah be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
The applicant agrees to maintain said encroachment so as not to
become unsightly or a hazard.
The applicant must obtain a permit from the Development
Services Center and/or Waterfront Operations, if needed, prior
to commencing any construction within the City 'S variable width
utility easement.
Prior to issuance of a permit, the applicant must post a
Performance Bond in accordance with the Engineer's cost
estimate. The applicant also agrees to carry Comprehensive
General Liability Insurance in an amount not less than
$500,000.00.
July 7, 1998
- 44 -
Item V-L. 6. d..
ORDINANCES/RESOLUTIONS ITEM # 43791 (Continued)
The City, upon revocation of such authority and permission so
granted, may remove any such encroachment and charge the cost
thereof to the applicant, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the applicant to remove such temporary encroachment;
and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndo~ Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S VARIABLE WIDTH
UTILITY EASEMENT BY RIVERANNE,
L.L.C., ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, RIVERANNE, L.L.C., desires to construct and
maintain an eighteen inch (18") storm drainage pipe within the
City's variable width utility easement adjacent to Princess Anne
Road just north of Lord Dunmore Drive in the Kempsville area.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments within the City's existing
easements subject to such terms and conditions as Council may
prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, RIVERANNE, L.L.C., its heirs, assigns and successors in
title, is authorized to construct and maintain a temporary
encroachment for an 18" storm drainage pipe in the City's variable
width utility easement as shown on that certain plat entitled:
"PLAT SHOWING ENCROACHMENT OF A STORM DRAINAGE PIPE INTO A UTILITY
EASEMENT AT RIVER ANNE VILLA CONDOMINIUMS," Kempsville Borough,
Virginia Beach, VA, and dated February 10, 1998, a copy of which is
on file in the Department of Public Works to which reference is
made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
RIVERANNE, L.L.C., (the "Agreement"), which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
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39
40
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BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as RIVERANNE, L.L.C., and the City
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
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CA#-
TKENN\ENCROACH\RIVERANN.ORD
R-1
PREPARED: 6~3~98
APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
2
PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3) AND 58.1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this /~ day of ~IRG~N '
19 ~ ~ , by and between the CITY OF VIRGINIA BEACH, V IA, a
municipal corporation, Grantor, party of the first part, and
RIVERANNE, L.L.C., a Virginia limited
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
second part.
That,
liability company, ITS
Grantee, party of the
WI TNE S SETH:
WHEREAS, it is proposed by the party of the
second part to construct and maintain an 18" storm drainage pipe
in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 18" storm
drainage pipe, it is necessary that the said party of the second
part encroach into a portion of an existing City variable width
utility easement; and said party of the second part has requested
that the party of the first part grant a temporary encroachment
to facilitate such 18" storm drainage pipe within a portion of
the City's variable width utility easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
GPIN 1466-69-1550
encroachment to use a portion of the City's variable width
utility easement for the purpose of constructing and maintaining
such 18" storm drainage pipe.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's variable width utility easement
described as: "AREA OF EASEMENT ENCROACHMENT
(600 SQ. FT.) as shown on that certain plat
entitled: "PLAT SHOWING ENCROACHMENT OF A
STORM DRAINAGE PIPE INTO A UTILITY EASEMENT
AT RIVER ANNE VILLA CONDOMINIUMS,"
Kempsville Borough, Virginia Beach, VA,
Scale: 1" = 50', Date: 2/10/98, prepared by
Kellam - Gerwitz Engineering, Inc., Va.
Beach, VA, a copy of which is attached
hereto as Exhibit "A" and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's variable width utility easement by the party of the second
part; and that the party of the second part shall bear all costs
and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall
City of Virginia Beach, its
against all claims, damages,
indemnify and hold harmless the
agents and employees, from and
losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center and/or Waterfront Operations, if
needed, prior to commencing any construction within the City's
variable width utility easement.
It is further expressly understood and agreed that
prior to issuance of a permit, the party of the second part must
post a Performance Bond in accordance with the engineer's cost
estimate. The party of the second part also agrees to carry
3
comprehensive general liability insurance in an amount not less
than $500,000.00.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and if such removal shall
not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
IN WITNESS WHEREOF, RIVERANNE, L.L.C., a Virginia
limited liability company, has caused this Agreement to be
executed in its name on its behalf by I. Reese Smith and David L.
May, Jr., Managing Members, with due authority to bind said
company. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
RIVERANNE, L.L.C., a Virginia
limited liabi~.y~c~pany
I. Reese ~mith
Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this
CITY MANAGER.
day of , 19 , by
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
My Commission Expires:
Notary Public
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:~~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
day of ~ , 19°~ , by I. Reese Smith,
this
Managing Member, on behalf of RIVERANNE, L.L.C., a Virginia
limited liability company. ~
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Notary Public
The foregoing instrument was acknowledged before me
this I~ day of ~ , 1998, by David L. May,
Jr., Managing Member, on behalf of RIVERANNE, L.L.C., a Virginia
limited liability company.
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
6
Notary Public
(~.j~Vl~ AS TO CONTENT
DEPARTMENT
LOCATION MAP
SCALE: 1" -- 1~600' ~--/
EXISTING VARIABLE WIDTH~
UTILITY EASEMENT
AREA OF EASEMENT
ENCROACHMENT
I
I
1
I
I
I
I
I
I
1
SCALE: 1"
\ xl I ¢-i¢r--~
,, v--;///!i !
PREPARED BY P/W ENG. DRAFT. 07-MAY-19cj8
t" -. / / ~'3 // *'
· /**'- ..,/
,-" ~LOCATION MAP~
,"ENCROACHMENT REOUEST FOR~',,-~
THE UNDERSIGNED CERTIFY THAT THE EASEMENT AS IT APPEARS
ON THIS PLAT CONFORMS WITH ALL APPLICABLE REGULATIONS AND IS
ACCORDINGLY APPROVED. BY SUCH APPROVAL, THE UNDERSIGNED DO NOT
CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY, STREET, OR
OTHER LINES SHOWN ON THIS PLAT.
APPROVED:
APPROVED:
.DATE:
DIRECTOR OF PLANNING, CITY OF VIRGINIA BEACH, VIRGINIA
NOW OR FORMERLY
P~. ~D W, ~~ ~
~~~ 1466-59-8495 NO~S:
ZONED B-2
GPIN
N 25'49'14" E 175.99'
1. THIS PLAT DOES NOT CONSTITUTE
A SUBDIVISION OF LAND.
2. PARCEL P - GPIN 1466-69-1550
3. MERIDIAN SOURCE MB. 15, P. 65
4. THIS PLAT WAS PREPARED FROM THE
APPROVED SITE DEVELOPMENT PLAN
AND PLATS OF RECORD.
5. A FIELD SURVEY WAS NOT PERFORMED
PARCEL P
RIVER ANNE VILLA
CONDOMINIUM8
OWNER: 25 0 25 50
RIVER ANNE, L.L.C.
100
Z~-. ~ FEET
~. -~ 11~'1 - 50 ."~-'i'~
~ ~ ~ AREA OF EASEMENT
~ ~ z ENCROACHMENT ~
~ ~ (600 SO. FT). ~
~ ~ EXISTING VARIABLE WIDTH
~ ~8'04'04" W ~ UTILITY EASEMENT ~
~ -~.~,- ~~~ ~ (M.B. 1~7, P. 24) ~
~ ~ S 28G7'30" W ~ --
~ L . ~ ~ ~-~~~ 188 36' ~ ~
' ~ / 0 ~ ~.~u ~ ~
Cl~ OF ~ o 11~ ~,, ~ ~
VI~ ~~ ~ TS 28'37 30" W ~5~'~' ~ ~ ~
PUMP STA~ON ~ I~ ~.zo ~S 61'22'30" E
GPIN 1466-69-122.9~ z I~_/i EA~ , /
(D.B. 1134, P. 137) 30.00 ~ ~
~1.36~-2F" '~- 166~6
S 36'40'34-"
PLAT SHOWING
ENCROACHMENT OF A
STORM DRAINAGE PIPE
INTO A UTILITY EASEMENT
AT
RIVER ANNE ~LLA
CONDOMINIUMS
(M.B. 13, P.
KEMPSVILLE BOROUGH
SCALE: 1" --- 50'
VIRGINIA BEACH, VIRGINIA
FEBRUARY 10, 1998
KEI,T, AM- GERWITZ
ENGINEERING, INC.
ENGINEERING-SURVEYING- PLANNING
500 CENTRAL DRIVE
SUITE 113
VIRGINIA BEACH, VIRGINIA 22~464
(757)
FAX (757) 340-t603
Item V~L. 7.
- 45 -
ORDINANCES/RESOL UTIONS
ITEM # 43 792
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DEFERRED
INDEFINITEL Y:
Resolution to endorse Hampton Roads Council Navy League of the
United States' as the Local Community Sponsor for the NIKE TOUR
beginning in the year 2000. (Sponsored by Vice Mayor W. D. Sessoms,
Jr.)
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III,, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-L. 8.
- 46-
ORDINANCES/RESOL UTIONS
ITEM # 43 793
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED::
REFUNDS:
A. License-$ 4,750.59
B. Tax - $10,376.16
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A Basketful & More Inc. 1998-1997 Audit 69.14 9.98 79.10
Anchor Services Inc. 1995-1998 Audit 116.26 116.26
Bio Zap Termite & Pest Control 1995-1997 Audit 82.80 82.80
Birkeland, John H., Jr. 1995-1998 Audit 30.00 30.00
Botsford, William Patrick 1996-1997 Audit 30.00 30.00
H & E Enterprises Inc. 1998-1997 Audit 781.67 152.07 933.74
H R Builders Inc. 1996-1997 Audit 361.48 38.19 399.65
Vacuum Express Corp. Etc. 1997-1998 Audit 10.00 0.11 10.11
Watson, Charlotte M. 1995-1998 Audit 30.00 30.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,711.66
City of Virginia Beach on the
7
Certified as to payn3e~: ~'? ~./
Commissioner of tho Revenue
Approved as to form:
es i L. Lilloy '-
City Attorney
were approved by the Council of the
day of JU[y ,19
98
Ruth Hedges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
Anthony, Michella 1996-1997 Audit 21.05 21.05
Atlantic Coast Plumbing & Drain 1997-1998 Audit 224.74 23.67 248.41
Automated Management Systems 1997 Audit 103.83 10.04 113.87
Brlnn-Johnson Inc. 1996-1998 Audit 104,77 104.77
Bryant, Kavin Matthew 1996-1998 Audit 47.10 5.85 52.95
Burchard, Sharon F. 1996-1998 Audit 9.96 0.13 10.09
Cannon, Linda L. 1996-1997 Audit 13.20 2.85 15.85
Carr, Joseph ONeal, Jr. 1995-1998 Audit 24.96 24.96
Chasa®y, Thomas J. 1995-1998 Audit 30.00 30.00
City Music Fixtures Inc. 1996-1998 Audit 10.00 0.13 10.13
Clarke, Kevln L. 1997-1998 Audit 10.00 1.02 11.02
Clothes Closet Natasha Ltd. 1996-1998 Audit 69,71 69.71
Coastal Communications Enterprises 1995-1998 Audit 30.00 30,00
Dondero, Pete J. 1995-1998 Audit 277.80 22.84 300.64
Edgewater Asset Management LLC 1996-1998 Audit 13.50 13.50
First Bancorp Mortgage Corp. 1996-1997 Audit 1,060.24 262.09 1,322.33
Hal W Breedlova OD PC 1996-1997 Audit 196.42 196.42
Oceanfront Water Sports Inc. 1995-1997 Audit 368.63 ':
t 94.60 463.23
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $3,038.93
City of Virginia Beach on the 7
Commissioner of the Revenue
Approved as to form:
were approved by the Council of the
Jb~y
day of ,19
1998
Ruth Hodge~ Smith
City Clerk
FORM NO. C.Ao 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAHE Tax Type Ticket Exonera- Date
Year of Tax Number tion No. Paid Penalty Int.
Total
Kasney, Sandra R.
Kasney, Sandra R.
Kasney, Sandra R.
Kasney, Sandra R.
Outlaw, Emily O.
Virginia Beach Homes,
Virginia Beach Homes,
Virginia Beach Homes,
Nosay, Manford N.
Nosay~ Manford N.
Taylor Group, LP, The
Albertson, Keith E. &
Khalaf, Emile
Monds, Janice f.
Monds, Janice F.
Monds, Jani'ce F.
Monds, Janice F,
Monds, Janice F.
Monds, Janice F.
Monds, Janice F.
Kasney, Sandra R.
Berry, Clifton Sr &
Gehring, Thesesa
Wright, Cassandra B.
Gay, Josilynn N.
Whitlock, Kathryn G.
1997 RE(l/2) 97-064091-0 2/18/97
1997 RE(l/2) 97-064091-0 8/29/97
1996 RE(l/2) 96-063248-5 12/05/95
1996 RE(2/2) 96-063248-5 9/03/96
1996 RE(2/2) 96-135345-3 6/05/96
Inc. 1998 RE(l/2) 98-126209-5 11/21/97
Inc. 1998 RE(l/2) 98-126086-3 11/21/97
Inc. 1998 RE(l/2) 98-126210-2 11/21/97
1997 RE(l/2) 97-089058-8 12/05/96
1997 RE(2/2) 97-089058-8 5/23/97
1998 RE(l/2) 98-120091-9 12/05/97
Cathleen1998 RE(l/2) 98-001318-8 11/25/97
1998 RE(l/2) 98-065962-2 12/05/97
1998 RE(l/2) 98-084251-3 12/05/97
1996 RE(l/2) 96-082442-9 11/29/95
1996 RE(2/2) 96-082442-9 6/05/96
1997 RE(l/2) 97-083635-3 12/05/96
1997 RE(2/2! 97-083635-3 5/13/97
1995 RE(l/2/ 95-081070-1 11/28/94
1995 RE(l/2) 95-081070-1 6/05/95
1998 RE(l/2) 98-064476-4 12/05/97
Harietta 1998 RE(2/2) '98-137085-1 5/19/98
Parking'Ticket C23490 5/11/98
Parking Ticket 534779 3/27/98
Parking Ticket 885521 3/02/98
Parking Ticket 529203 10/29/97
192.39
192.39
166.32
188.80
480.94
20.21
21.38
20.41
225 01
225 01
7384.54
18.30
623 24
44 36
41 63
41 63
42 75
42 75
38.44
38.44
170.80
17.42
10.00
100.00
24.00
5.00
Total:
$10,376.16
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$10,376.16 were approved by
the Council of tl~e City of Virginia
Beach on the _day of Ju._ry , 1998
Ruth Hodges Smith
City Clerk
C
Jo
Ap
~roved as to form:
Item V-M..
-47-
PUBLIC HEARING
PLANNING
ITEM # 43794
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. KIMBERL Y P. AND KRISTEN A. RYBERG
VARIANCE
2. SPRINT, PCS, C.E. FOREHAND III
CONDITIONAL USE PERMITS
3. MUMA GOOSE, LTD
CONDITIONAL USE PERMIT
Item V-M.
- 48-
PUBLIC HEARING
ITEM # 43795
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 2 a/b and 3 of the PLANNING B Y CONSENT.
Item M. 2. was APPROVED with an ADDITIONAL CONDITION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William [V. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-M. 1.
- 49-
PUBLIC HEARING
ITEM # 43 796
PLANNING
Doug Yeats - W. P. Large, represented the applicant
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms , City Council APPROVED, AS
AMENDED, the Application of KIMBERL Y P. and KRISTEN A. RYBERG for a Variance to Section
4. 4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements
of the Comprehensive Zoning Ordinance:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Kimberly P. Ryberg
& Kristen A. Ryberg. Property is located at 3401 West Neck Road.
PRINCESS ANNE DISTRICT.
The following conditions shall be required:
1. The applicant shall submit a final plat to the Development
Service Center for review and approval.
Further subdivision of proposed Parcel B- 1 will not be permitted
without City Council approval. ,4 note shall be placed on the
final plat to this effect.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-M.2. a/b
- 50-
PUBLIC HEARING
ITEM # 43796
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinances upon application of SPRINT, PCS, C. E. FOREHAND III for Conditional Use Permits:
ORDINANCE UPON APPLICATION OF SPRINT, PCS, C. E.
FOREHAND, III, FOR A CONDITIONAL USE PERMIT FOR AN
UNMANNED COMMUNICATION TO WER R 0 79822 03
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS, C.. E. Forehand, IlL for a
Conditional Use Permit for an unmanned communication tower on certain
property located at the southwest corner of North Landstown Road and
Recreation Drive. Said parcel contasin 31.561 acres. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
The project will be developed substantially in keeping with the
site plan submitted to the Planning Department and exhibited to
the Planning Commission on June 10, 1998.
2. In the event that the tower is inactive.for a period of l year, it
must be removed at the applicant's expense.
AND,
ORDINANCE UPON APPLICATION OF SPRINT, PCS, C. E.
FOREHAND, III, FOR A CONDITIONAL USE PERMIT FOR AN
UNMANNED COMMUNICATION TO WER R 0 7982204
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS, C. E. Forehand, IlL for a
Conditional Use Permit .for an unmanned communication tower at the
southwest corner of Pleasant Valley Road and Smyrna Circle. Said parcel
is located at 1301 Smyrna Circle and contains 13,000 square .feet.
CENTER VILLE DISTRICT.
The following conditions shall be required:
The project will be developed substantially in keeping with the
site plan dated April 22, 1998 entitled "Sprint PCS, Stumpy
Lake "; minor revisions to the proposed landscaping are outlined
in Condition #2 below.
The applicant shall install a six foot wide planting bed along the
northern, southern and western sides of the site. Wax Myrtles 5'-
6' in height at planting, on 10' centers, are to be planted within
the required bed. Three Crepe Myrtle trees, 6'-8' in height at
planting, are to be installed along the frontage of the site. The
applicant shall ensure that all of the required landscaping is
maintained and the grassed portion of the property is regularly
cut.
3. In the event that the tower is inactive for a period of one (l) year,
it must be removed at the applicant's expense.
Item V-M. 2.afo
- 51 -
PUBLIC HEARING
ITEM # 43796 (Continued)
PLANNING
These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh of July, Nineteen Hundred
and Ninety-Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William tV. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-M. 3.
PUBLIC HEARING
PLANNING
- 52 -
ITEM#43797
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of MUMA GOOSE, LTD.,for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MUMA GOOSE, LTD. FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE AND TRAILER
SALES RO 7982205
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Muma Goose, Ltd. for a Conditional Use
Permit for automobile and trailer sales on the south side of Witchduck
Road, west of Jericho Road. Said parcel is located at 4861 North
Witchduck Road and contains 14, 000 square feet. BA YSIDE BOROUGH.
The following conditions shall be required:
There shall be no more than ten (10) motor vehicles and utility
trailers for sale on the site at any one time. Up to six (6) vehicles
for sale may be parked in the parking area.
Foundation screening in the form of planter boxes shall be
provided for the foundation of the building along North
Witchduck Road.
The dumpster shall be moved to meet the required 15' setback
adjacent to the residential district. A row of Category I shrubs
shall be installed along the rear property line.
4.__ Trailers on the £ront part of lot shall be limited to a maximum qf
sixteen (16)feet in length.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh of July, Nineteen Hundred
and NineS-Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. 34. "Don" Wee~
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-P. 1.
- 53 -
NEW BUSINESS
ITEM # 43 798
Upon motion by Councilman Harrison, seconded by Council Lady Henley, City Council ADDED TO THE
AGENDA:
Resolution to establish the Virginia Beach Open Space Advisory
Committee, comprised of eleven members to be appointed by City Council,
to study the city-wide open space program, identify strategies, study land
uses and patterns in Transition Area III, the feasibility of the ARP and
strategies which meet the goals and objectives of the Comprehensive
Plan. A report and recommendation shall be submitted to City Council by
December 31, 1998, and the Committee shall dissolve thirty (30) days
thereafter.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
- 54 -
Item V-P. 2.
NEW B USlNESS
ITEM # 43 799
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to establish the Virginia Beach Open Space Advisory
Committee, comprised of eleven members to be appointed by City Council,
to study the city-wide open space program, identify strategies, study land
uses and patterns in Transition Area III, the feasibility of the ARP and
strategies which meet the goals and objectives of the Comprehensive
Plan. A report and recommendation shall be submitted to City Council by
December 31, 1998, and the Committee shah dissolve thirty (30) days
thereafter.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
Ju~ L 1998
1
2
3
A RESOLUTION ESTABLISHING THE CITY
OF VIRGINIA BEACH OPEN SPACE
ADVISORY COMMITTEE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WHEREAS, rapid commercial and residential growth combined
with suburban sprawl has raised concerns regarding the future
availability of open space City-wide, and especially in the
southern part of the City; and
WHEREAS, City Council believes that the recommendations
of a committee established specifically for the purpose of studying
this issue would be beneficial to the Council as it develops goals,
objectives, and policies aimed at addressing the issues associated
with continued growth;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby establishes the City of
Virginia Beach Open Space Advisory Committee (the ~Committee");
2. That the Committee shall be comprised of eleven (11)
members, all of whom shall be voting members, consisting of two (2)
members of City Council,
Commission, and seven (7)
two (2) members of the Planning
members of the general public whose
appointments shall be based upon their interest and/or expertise in
development-related issues;
3. That all members of the Committee shall be appointed
by, and shall serve at the pleasure of, City Council;
4. That the purpose of the Committee shall be:
(a) To study the possibility of establishing a
City-wide open space program;
(b) To identify strategies for the implementation
and funding of such a program;
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
(c) To study land uses and patterns in the former
"Transition Area III" (the "Area"), in
general, and the suitability/feasibility of
the Agricultural Reserve Program to the Area,
in particular; and
(d) To identify strategies for the promotion of
development within the Area which meets the
goals and objectives of the Comprehensive
Plan;
5. That the Committee shall submit to City Council a
report of its recommendations concerning the above-referenced
issues, which report the Committee shall endeavor to complete by
December 31, 1998; and
6. That the Committee shall stand dissolved thirty (30)
days following the date upon which it submits its report to City
Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of July , 1998.
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50
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CA-7076
Ordin\noncode\openspac.res
R-3
July 6, 1998
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Item V-P. 3.
- 55 -
NE W BUSlNESS
ITEM # 43800
City Council ACCEPTED BY CONSENSUS:
ABSTRACT OF LEGAL CASES RESOLVED - JUNE 1998
July 7, 1998
Item V-N. 1.
- 56-
APPOINTMENTS
ITEM # 43801
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT A UTHORITY
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
SOCIAL SERVICES BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA B EA CH C~ME TASK FOR CE
AND, DEFERRED INDEFINITEL Y:
PERSONNEL BOARD
July 7, 1998
Item V-N.2.
-57-
APPOINTMENTS
ITEM # 43802
AIRPORT.4 UTHORITY
The Mayor will communicate City Council's recommendation to the
.4irport A uthorityfor their reappointment of Elizabeth .4. Duke for another
2-Year Term beginning 7/1/98.
July 7, 1998
Item V-N. 3.
- 58-
APPOINTMENTS
ITEM # 43803
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
Harold Heischober
AND, REAPPOINTED:
William tV. Harrison, Jr.
Louis R. Jones
Mayor Meyera E. Oberndorf
(2-Year Terms 7/1/98-6/30/2000)
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-NM.
- 59-
APPOINTMENTS
ITEM # 43804
Upon NOMINATION by Vice Mayor Sessoms, City Council:
REAPPOINTED:
Jody M. Wagner
(4-Year Term 7/1/98 - 6/30/2002)
TIDEWATER REGIONAL GROUP HOME COMMISSION
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. 3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-N.$.
- 60-
APPOINTMENTS
ITEM # 43805
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Richard P. Anoia
Jacob Thompson
Art Walker
3-Year Terms 7/1/98 - 6/30/2001
VIRGINIA BEACH TOWING ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
July 7, 1998
Item V-iV. 6.
- 61 -
APPOINTMENTS
ITEM # 43806
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Margaret Eure- City Council
Barbara Henley- City Council
Donald Horsley - Planning Commission
Jan Eliassen - Planning Commission
Betsy Agelasto
John A. Baum
Thomas C. Broyles
Kathleen Coalter
Mary M. Heinricht
Reese F. Lukei, Jr.
Dean McClain
OPEN SPA CE AD VIS OR Y COMMITTEE
Established by Resolution 7/7/98
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
Item V-Q.
~4DJO URNMENT
ITEM # 43807
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:40 P.M.
Beverly O. Hooks, CMC/A,4E
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
July 7, 1998