DECEMBER 18, 2001 MINUTES
Cit
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. At-Large
VICE MAYOR WIUIAM D. SESSOMS, JR., At-Large
LINWOOD O. BRANCH, lll, Beach - District 6
MARGARET L EURE, Centerville - District I
WILLIAM W HARRISON, JR., Lynnhaven - District 5
BARBARA M. HENLEY, Princess Anne - District 7
LOUIS R. JONES, Bayside - District 4
REBA S. McCLANAN, Rose Hall - District 3
ROBERT C. MANDIGO, JR., Kempsville - District 2
NANCY K. PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K. SPORE, City Manager
LESLIE L LIUEY, City Attorney
RUTH HODGES-SMITH, MMC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE: (757) 427-4304
FAX: (757) 426-5669
EMAlL: Ctycncl@city.virginia-beach.va.us
December 18, 2001
1.
REVIEW OF AGENDA ITEMS
- Conference Room
2:00 PM
II.
CITY COUNCIL COMMENTS
III.
INFORMAL SESSION
- Conference Room -
2:30 PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VIRGINIA BEACH SCHOOL'S ACCREDITATION OF SOL'S
School Administration Building
5:00 PM - 6:00 PM
IV.
FORMAL SESSION
- Council Chamber -
6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Joseph Stallings, Jr.
City of Refuge Christian Church of Virginia Beach
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
G.
H.
1.
J.
MINUTES
1.
INFORMAL & FORMAL SESSIONS
December 11, 2001
AGENDA FOR FORMAL SESSION
PRESENTATION:
1.
BEACH STREET USA
Bobby Melatti, Executive Director - Beach Events
PUBLIC HEARING:
1.
EXCESS CITY -OWNED PROPERTY:
Lot 11-A at Harbour Point (Old Rudee Motel Site) (BEACH - DISTRICT 6)
0 RD INAN CES/RESO L UTI 0 NS
1.
Ordinance to declare EXCESS PROPERTY on Lot 11A acquired by the City for Harbor
Point Road Extended and exchange said property to F. WAYNE and CHERYL P.
McLESKEY for which they will convey Parcel B and C to the City; and, authorize the City
Manager to execute an agreement for the exchange of said property.
(BEACH - DISTRICT 6)
2.
Ordinance to ACCEPT from CEDAR COVE ASSOCIATES, Lc., a Virginia limited
liability company, the dedication of 26,794 square feet of property at the intersection of
Adam Keeling Road and Island Lane to be used for future drainage or the banking of
wetlands.
(L YNNHA VEN - DISTRICT 5)
3.
Ordinance to authorize the City Manager to execute an agreement with SEA ESCAPE
CORP and the VIRGINIA BEACH FOUNDATION re installation and maintenance ofa
statue of JOHN WAREING in the 17TH STREET PARK at no cost to the City.
(BEACH - DISTRICT 6)
4.
Ordinances re Composition of Council-appointive Committees and appointment flexibility:
a.
b.
Resort Advisory Commission
Review and Allocation Committee (COIG)
Youth Services Coordinating Council
c.
5.
Resolution re a non-binding Memorandum of Understanding relating to Phase II of the
Town Center (Central Business District (CBD), requesting execution by the Virginia Beach
Development Authority, and authorizing the City Manager and the City Attorney to proceed
with the development of supplemental project documents.
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
N.
ADJOURNMENT
HAPPY HOLIDAYS
***********
CITY COUNCIL SESSION
(January 2002)
January 08, 2002
January 22,2002
Administrative & Planning
Administrative & Planning
**********
**********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305
(TDD - Telephonic Device for the Deaf)
**********
12/14/01BAP
AGENDA\12\18\01.
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 18,2001
Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the City Council
Conference Room, City Hall Building, on Tuesday, December 18,2001, at 3:00 P.M.
Council Members Present:
Linwood O. Branch, IlL Margaret L. Eure, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Absent:
Vice Mayor Williams D. Sessoms, Jr.
[Out of the City re Bank Business]
William W Harrison, Jr.
[Entered: 5:55 PM]
- 3-
AGENDA RE VIE W SESSION
ITEM # 49081
J.5. Resolution re a non-binding Memorandum of Understanding
relating to Phase II of the Town Center (Central Business
District (CBD), requesting execution by the Virginia Beach
Development Authority, and authorizing the City Manager and
the City Attorney to proceed with the development of
supplemental project documents.
Council Lady Parker expressed concerns relative adequate parking. Patricia Phillips, Director of Finance ,
advised the City of Virginia Beach hired Desman Parking Associates, parking consultants, who have just
concluded their study relative the proposed changes to the Town Center parking requirements. The
consultants have determined there is adequate parking. Uses within the Town Center have changed, so there
is more complimentary rather than competing uses. In the Memorandum of Understanding, the City is
proposing if at any time during the Town Center development the parking seems to be an issue, another study
can be requested. If this study finds the parking is not adequate then the developer is obligated to provide
that additional parking.
Council Lady Parker suggested this be stated in the Formal Session to alleviate concerns.
Council Lady Eure was impressed by the parking situation because if there is a shortfall from the special
taxing district, the developer must make up this shortfall.
Councilman Jones will ABSTAIN
ITEM #49082
BYCONSENSUS, the following shall compose the CONSENT AGENDA:
0 RD INANCES/RESO L UTI 0 N
J.2. Ordinance to ACCEPT from CEDAR COVE ASSOCIATES,
L. c., a Virginia limited liability company, the dedication of
26,794 square feet of property at the intersection of Adam
Keeling Road and Island Lane to be used for future drainage or
the banking of wetlands.
(LYNNHAVEN - DISTRICT 5)
J. 4. Ordinances re Composition of Council-Appointive Committees
and appointment flexibility:
a. Resort Advisory Commission
b. Review and Allocation Committee (COIG)
c. Youth Services Coordinating Council
J. 6. Resolution to request the Virginia Department of Transportation
(VDOT) establish a project re improvement of the railroad
crossing at Witchduck Road with the City of Virginia Beach
agreeing to pay it's share.
Item J.4.b. will be DEFERRED INDEFINITELY, BY CONSENT.
December 18,2001
-4-
AGENDA RE VIE W SESSION
ITEM # 49083
K.l. MODIFICATION OF CONDITION #1 re construction of two
six-story mid size buildings in the March 24, 1998, approved
application of a Conditional Use Permit for the retirement
communitv at ATLANTIC SHORES RETIREMENT
COMMUNITY, LLC, on the north side of Dam Neck Road, west
of Atlantic Shores Drive.
(PRINCESS ANNE - DISTRICT 7)
Council Lady Eure expressed concern relative the AICUZ. Council Lady Henley advised this application
does not change the number of units, only reconfigures the units. As there are not going to be additional
residents, Council Lady Henley assumed this was the reason the Navy did not comment.
Mayor Oberndorf advised is it not understood anyone building near Oceana has to comply with the sound
insulation with the double windows, etcetera. Robert Scott, Director of Planning, advised the Mayor was
correct and all of these restrictions are independent of the Conditional Use process. Mr. Scott advised the
City requested the General Assembly allow the imposition of higher building standards for structures subject
to this particular level of noise (AICUZ)
ITEM # 49084
K2. Petition of OLD BRANDON INVESTMENT COMPANY, LLC,
for the discontinuance. closure and abandonment of a portion of
Old Providence Road west of the intersection of Indian River
Road and Providence Road, and incorporate the area into four
adjoining lots, containing 13,748 square feet.
(CENTERVILLE - DISTRICT 1)
Council Lady Eure requested DEFERRAL, until January 8,2001, allowing her the opportunity to further
review this application. Council Lady Eure wishes to confer with the developer re her concerns. Stephen
White - Planning, advised the applicant was going to request a DEFERRAL on this item as they have
outstanding issues.
ITEM # 49085
K. 3. Application of the HOME DEPOT for a Conditional Use Permit
for a bulk storafle vard on the west side of King Richard Road,
north of Virginia Beach Boulevard (3352 Virginia Beach
Boulevard), containing 12.64 acres.
(LYNNHAVEN - DISTRICT 5)
Council Lady Parker expressed concern relative the appearance on Little Neck and King Richard Roads and
inquired whether improvements would be made on Little Neck Road. Stephen White - Planning, advised if
this application is approved, the applicant will be required to landscape both King Richard and Little Neck
Roads (from the back all the way up to the front). The Board of Zoning Appeals at their last meeting
approved the installation of a wooden fence. At the present time, the wooden fence ends at the back of Alcott
Road and will be extended around to Little Neck. This will also be done on King Richard; however a BZA
Variance is also needed to accomplish this.
Mayor Oberndorfwished to be advised relative the residents behind the Home Depot. The Mayor and C.
Oral Lambert - Chief Operating Officer, met with the residents a few years ago. The Home Depot made a
commitment to the residents that their neighborhood would not be imposed to visual encroachment.
Mr. White advised with the exception of Robert Shanks, who appeared before the Planning Commission, he
has not heard from the residents. Council Lady McClanan said they do not think the City Council cares. The
Kings Grant residents drives by this facility and they do not understand Home Depot was built "by right"
as it was already B-2. This is a junk yard. Litter is piled everywhere. Council Lady Henley referenced the
Home Depot on Lynnhaven and Princess Anne. They are encroaching in the front of their store with
additional display. The lot is being cluttered with outdoor storage. Council Lady Henley requested the City
staff review. This was a beautiful project and should be maintained. Permits and Inspections shall review.
The City Manager advised this is not restricted to Home Depot but is a serious problem throughout the
community. Outdoor storage is a constant enforcement problem. A report shall be provided relative these
activities.
December 18,2001
-5-
A GENDA REVIEW SESSION
ITEM # 49086
K.4. Application ofWAWA, INc., a Pennsylvania corporation,jor a
Conditional Use Permit for an automobile service station with a
convenience and carrv-out food store at the southeast corner of
South Independence Boulevard and Holland Road, containing
3.16 acres
(KEMPSVILLE - DISTRICT 2)
Council Lady Henley advised the Planning Commission had requested an additional condition that the Left
Turn onto Holland Road be restricted to peak hours. Council Lady Henley believed at the very minimum
there should be no left turns. Council Members McClanan and Parker concurred.
Council Lady McClanan advised there are serious traffic issues with this area.
Mr. White advised the Planning Commission did concur with the no left turn; however, the applicant did not
concur; therefore, the Planning Commission left it with the staff contacting Traffic Engineering relative
signage stating "no left turns at certain hours ".
Council Lady Eure believed issues should be resolved at the Planning Commission hearing, before
recommendations are considered by City Council.
Mayor Oberndorf advised this item would be discussed during the Formal Session. However, she wished to
make some positive comments. This morning she "cut the ribbon" at the WA WA on Independence and
Rosemont. The Mayor complimented WAWA on the freshness and variety of their food as well as their
cleanliness.
ITEM # 49087
K. 5. Application of FRANK DOCZI for a Conditional Use Permit for
a riding academy and boarding horses at the southwest
intersection of Pleasant Ridge Road and Charity Neck Road
(J 613 Pleasant Ridge Road), containing 20.2 acres.
(PRINCESS ANNE - DISTRICT 7)
Vice Mayor Sessoms was unable to attend the City Council Session; however, in his correspondence of
December 17, 2001, had requested DEFERRAL until the City Council Session of January 8, 2002.
ITEM # 49088
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K.l. MODIFICATION OF CONDITION #1 re construction of two
six-story mid size buildings in the March 24, 1998, approved
application of a Conditional Use Permit for the retirement
communitv at ATLANTIC SHORES RETIREMENT
COMMUNITY, LLC, on the north side of Dam Neck Road, west
of Atlantic Shores Drive.
(PRINCESS ANNE - DISTRICT 7)
K.2. Petition of OLD BRANDON INVESTMENTCOMPANY,LLC,
for the discontinuance. closure and abandonment of a portion of
Old Providence Road west of the intersection of Indian River
Road and Providence Road, and incorporate the area into four
adjoining lots, containing 13,748 square feet. .
(CENTERVILLE - DISTRICT 1)
K. 5. Application of FRANK DOCZI for a Conditional Use Permit for
a riding academy and boarding horses at the southwest
intersection of Pleasant Ridge Road and Charity Neck Road
(J 613 Pleasant Ridge Road), containing 20.2 acres.
(PRINCESS ANNE - DISTRICT 7)
December 18, 2001
- 6-
AGENDA RE VIE W SESSION
ITEM # 49088 (Continued)
K. 6. Application of the City of Virginia Beach to AMEND § § 1703
and 1704 of the City Zoning Ordinance (CZO) to allow duplex
dwellings as a permitted use in the Shore Drive Overlay District
and to ADOPT criteria for duplex dwellings in the B-4 (SD)
Resort Commercial District.
(LYNNHAVEN - DISTRICT 5)
Item K.2. shall be DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002.
Item K.5.. shall be DEFERRED, BY CONSENT, until the City Council Session of January 8,2002.
December 18,2001
- 7-
CITY COUNCIL COMMENTS
3:35 P.M.
ITEM # 49089
Council Lady Henley displayed the Fall/Winter edition of the Nature Conservancy Magazine. The Cover
photograph was taken in Virginia Beach. Their lead article encompasses the Green Sea program. In 1728
when William Bird II was surveying the dividing line between Virginia and North Carolina, he wrote in his
journal that these vast expanses of cane breaks in this area appeared to be a "Green Sea". Council Lady
Henley displayed a beautiful photograph of the North Landing River inside the issue. This is described as
being some of the State's finest wildernesses. Council Lady Henley quoted from the article: "In the Green
Sea, seven (7) natural communities have been designated as conservation targets. The most viable are the
swamp forest of cyprus gum and bottom land hardwoods and the world's most extensive and exemplary fresh
water wind tide marshes." Council Lady Henley said this is the world's most exemplary, not just the
State's. This is an extraordinary compliment. Discussionfollows the river preserve totaling 4,000 acres,
which the Nature Conservancy has compiled. Their other partners are the Natural Heritage (owner of 2200
acres), USArmy Corps of Engineers (administers a trust fund to acquire and restore Wetlands), US Fish and
Wildlife Service and the City of Virginia Beach. The City has this wonderful resource and for many years
it was not recognized until the Natural Heritage Inventory was accomplished in the late 1980 's. The City
worked "hand in hand" with other partners to establish the City's Agricultural Reserve Program (ARP)
in 1995. More than 5,000 acres have since been enrolled in the ARP for the purchase of development rights.
Besides promoting smart growth and sustaining the agriculture economy of southern Virginia Beach, the
ARP maintains important buffer land between protective natural areas and encroaching development.
ITEM # 49090
Council Lady McClanan referenced the Daily Press Article of December 2, 2001 entitled "Seeking Port in
Tax Storm - Personal Property rates on boats vary widely across Hampton Roads". City Council received
this article in their agenda package. This article provides an excellent survey relative the boat tax.
Councilman Branch inquired if the City is discussing this tax with other localities. The City Manager advised
Virginia Beach has taken the leadership and called various communities together. A report is scheduled
prior to City Council's receipt of the proposed FY 2002-2003 Operating Budget.
ITEM # 49091
Mayor Oberndorf referenced an E-Mail correspondence from Zack Gentry. He quoted the opinion of Kerry
Dougherty in the Virginian-Pilot on December 18,2001: "Beach Council continues on its long-lived losing
streak - It's come down to this: Either the Virginia Beach City Council is getting lousy legal advice and
heeding it, or it's getting good legal advice and ignoring it"
Councilman Branch advised the gentleman had comments on the third page. He suggested if Kerry's
husband was hired by the City, she might tone down some of her remarks.
The City Attorney referenced his Annual Report entitled: "Legal Services for A Dynamic Community",
which he distributed to the City Council. In light of the emphasis placed on the two or three high profile
cases, there has been some perception the City has not been successful in its legal services. However, the
report will reflect:
In-house legal services are provide to the City Council at the rate of
$71.85 per hour.
Outside legal services entails an average cost of $213.00 per hour.
Staff Counsel delivered 38,875 legal service hours to the City or 89% of
aI/legal services utilized.
Combining inside and outside legal services and weighting them based
on hours, an effective rate of $88.00 per hour is derived.
Since the City Attorney's Office began providing in-house services to the
School Board, their cost has been reduced significantly.
The Virginia Beach City Attorney's office had an impressive year in FY 2001.
December 18,2001
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BIDESHABlnG HADE EnSY.
To use the HOV-2 line durinB rush
hour, there Ire many ridesharinl
options IVIU.ble. HRrs TRAFRP
his a fret Commuter COmpútllr th¡
can matd1 drivers and riders InstIr
just one utra passenpr or a who I
Ind find out about carpoolln¡, Vln
Program or bus service. Sharing a :
money. And that'~ what HOV is all
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up with your carpool, vanpool or '
perking. caJI100S00-70o-RIDE cry
I1st of Park & Ride locations.
- 8-
CITY COUNCIL COMMENTS
ITEM # 49091 (Continued)
Lawsuits against the City or its agents and employees amount to more than $51-MILLION in damages, but
the suits were concluded with less than $261,000 paid in damages. This is a remarkable milestone. Since
July 1991, the city has prevailed in 46 of 52 cases (88%) in which an appeal was sought either in the
Virginia Supreme Court of in the Federal Appellate Court.
The City Attorney advised efficiency and effectiveness are hallmarks of performance in FY 2001. The City
Attorney and his staff are proud of their office and the accomplishments in this Annual Report of legal
services.
Mayor Oberndorf expressed appreciation to the City Attorney and his office for their unselfish and dedicated
service. Mayor Oberndorf thanked the City Attorney for outlining his accomplishments with this excellent
Annual Report.
ITEM # 49092
Mayor Oberndorf referenced correspondence form Lynn B. Clements, Interim Executive Director - Virginia
Marine Science Museum:
"The Virginia Marine Science Museum Foundation, Inc. is pleased to
inform you that the loan in the amount of $2,364,284 for the Phase II
expansion exhibits was paid in full as of December 10, 2001. As you
know, a total of $5,015,920 was raised privately through a capital
campaign for this project. The Board extends its gratitude to the City of
Virginia Beach for its financial support of this project in order to further
the mission of the Virginia Marine Science Museum. The Foundation looks
forward to a successful continuance of our partnership. "
Mayor Oberndorf advised the employees and volunteers who serve on the Foundation and at the Museum,
deserve the respect and gratitude of the City Council. They have built an educational facility that is second
to none in the Commonwealth of Virginia and tenth in the entire United States.
The public "bid farewell" to Mac Rawls, Director of Museums, on Sunday, December 16, 2001. The entire
IMAX theatre was overflowing with people wishing to salute Mac for his vision, tenacity and ability to
capture conservation and education in one wonderful museum.
ITEM # 49093
Council Lady Eure referenced when the Vice Mayor was Chairing the City Council Session on December
Eleventh, the applicants were also limited to three minutes. Traditionally the applicant has had sufficient
time for his presentation, not limiting them to the same time as the public. Council Lady Eure inquired if
the City Council was changing their procedure.
Mayor Oberndorf advised she was not aware of any change in procedure. She usually gives the applicant
time for presentation and then rebuttal.
Councilman Mandigo advised if there are many speakers registered in opposition, and the applicant is
allowed extended time to speak, perhaps the opposition should also have more time than three (3) minutes.
Mayor Oberndorf advised she always asks the City Council whether they wish three (3) or five (5) minutes.
ITEM # 49094
Council Lady Eure advised yesterday, December 17, 2001, she was on Back Bay early in the morningfor
about an hour and 'half. Just as they were returning to shore, approximately 5,000 Canadian geese came
overhead. This huge formation of geese landed in what wildlife calls "Pool A ".
December 18,2001
-9-
CITY COUNCIL COMMENTS
ITEM # 49095
Councilman Mandigo referenced the concern of a constituent's who does a lot of contracting and
subcontracting in the City. Councilman Mandigo has requested the Planning and COMIT Departments
devise a method for the subcontractors and contractors to file their applications for emergency permits on
the Internet or by fax. The departments will be providing the City Council progress reports. Particularly
in an emergency situation on the weekend, many contractors start working prior to the issuance of a permit.
This is a violation of the City Code. The concept of utilizing the Internet would improve the service delivery
to the subcontractors and contractors. There are approximately 2500 contractors who receive permits every
year.
ITEM # 49096
Council Lady Parker inquired if the Thirty-first Street issue is listed for discussion during the Closed
Session. She had requested this item be discussed.
The City Manager advised this item will be discussed during the Closed Session.
December 18,2001
- 10-
ITEM # 49097
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 18,2001, at
3:55 P.M
Council Members Present:
Margaret L. Eure, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf,
Nancy K. Parker and Rosemary Wilson
Council Members Absent:
Linwood O. Branch, IIL William W Harrison, Jr. and Vice Mayor
Williams D. Sessoms, Jr.
December 18,2001
-11 -
ITEM # 49098
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition
of publicly-held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy
of the public body pursuant to Section 2.2-3711(A)(3).
31'1 Street Project
Open Space Land Acquisitions
Norfolk Avenue Property
LEGAL MA TTERS: Consultation with legal counselor briefings by
staff members, consultants, or attorneys pertaining to actual or
probable litigation, or other specific legal matters requesting the
provision of legal advice by counsel pursuant to 2.2-3711 (A)(7).
Friends of Ferrell Parkway, LL C. and Andrea Kilmer v. City of Virginia Beach, et al
City of Virginia Beach v. F. Wayne McLeskey, Jr., et al
31'1 Street Project
Upon motion by Councilman Jones, seconded by Councilman Mandigo, City Council voted to proceed into
CLOSED SESSION.
Voting:
8-0
Council Members Voting Aye:
Margaret L Eure, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf,
Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, IIL William W Harrison, Jr. and Vice Mayor
Williams D. Sessoms, Jr.
(Time of Closed Session: 3:55 P.M. to 5:20 P.M.)
City Council RECESSED to the SCHOOL'S ACCREDITATION OF SOL's.
December 18,2001
- 12-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 49099
Upon motion by Councilman Mandigo, seconded by Councilman Jones, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
9-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, Barbara M Henley, Louis
R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera
E. Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr. and Vice Mayor Williams D. Sessoms, Jr.
(CERTIFIED AT 5:22 P.M. PRIOR TO RECESSING FOR SCHOOL'S ACCREDITATION)
December 18,2001
i{tsnlutintt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49098, page 11, and in accordance with the
provisions of The Virginia Freedom of Informa1ion Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
G.~~
Ruth Hodges mith, MMC
City Clerk
December 18,2001
-13 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 18,2001
6:04 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 18,2001, at 6:04 PM
Council Members Present:
Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Absent:
Vice Mayor Williams D. Sessoms, Jr.
INVOCATION'
Councilman Louis R. Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
December 18, 2001
-14 -
Item V-F.!.
MINUTES
ITEM # 49100
Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 11, 2001
Voting:
9-0
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Mayor Oberndorf ABSTAINED, as she was not in attendance during the City Council Session of
December 11, 2001. The Mayor was accompanying and lending support to her husband, Roger, who was
undergoing surgery.
December 18,2001
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
-15 -
ITEM # 49101
AGENDA FOR THE FORMAL SESSION
December 18,2001
- 16-
Item V-H.I.
PRESENTATION
ITEM # 49102
BEA CH STREET, USA
Bobby Melatti, Executive Director - Beach Events, presented results of an informal survey conducted this
Summer while operating Beach Street USA. Although unscientific, this survey only cost $10 (charge of
the paper to produce). Beach Street, USA was the brainchild of the Resort Leadership Council.
The surveys indicate 25% of the respondents live in the City.
99% - felt these programs were suitable for families
90% - advised the free entertainment would influence a return trip
55% - knew in advance of the free fireworks every Friday and Sunday night.
96% - reported Resort was visually appealing
99% - felt safe (1481 out of 1495 surveyed)
95% - rated the experience a "7" out of "10"
Mr. Melatti advised one of the effects of the event program was the opportunity to partner with Virginia
Beach Schools. When Busch Gardens felt it was not good business sense to continue to supply Beach Street
with their famous "Boogie Band", Beach Street, welcomed the chance to showcase the City's own talented
students. This has become as entertaining an act as Anheuser Busch ever imagined. These young adults are
the City's ambassadors. Their talent and music brought smiles to thousands of children of all ages.
Mr. Melatti displayed a "video clip" to give the flavor of the Beach Street experience. Mr. Melatti
expressed appreciation and recognized Regina Marsheider of Spectrum puppets, the Beach Street Staff
under the direction of L .B. Davis and Roy Newton, Dr. Stephen Ambrose and David Hobson from the
Virginia Beach School, Nita Patt and members of the Beach Street Allstars and the Beach Street supervisors.
Mr. Melatti asked all to stand and be recognized for all their hard work.
The concept for Beach Street was conceived in the public sector by the business association known as the
Resort Leadership Council. The two mem responsible for originating and promoting the idea. Bob Mervis
and Richard Maddox, worked tirelessly to see this great program come to fruition. Bob never lived to see
the development of the amazing concept of Beach Street.
B.J. Henley -Baumann, Chairman - Resort Leadership Council, advised several years ago the Resort
Leadership Council was resurrected by a group of local tourism related business owners and operators to
focus on key issues facing the resort industry. There was no united voice to participate in the political
process and to address the major issues. The Resort Leadership Council fulfills this need. A few of the issues
which faced the Council were: severe behavioral problems on Atlantic Avenue, improving the overall
maintenance of the Resort Area and the need for a state of the art convention center. The end result has been
well worth the effort. Tonight, the Council is celebrating one of the accomplishments: Beach Street, USA.
Ms. Baumann presented the City ownership of "Beach Street, USA".
Mayor Oberndorf expressed appreciation to Mr. Melatti on behalf of all the citizens who call Virginia Beach
home.
Item V-LI.
December 18,2001
..
BEACHSTREET USA - 2001 - SURVEY
Staying at a Hotel
Visiting for the Day
Local Resident
Camping
Other
901 out of 1518
170 out of 1518
378 out o£1518
21 out 00518
37 out of 1518
59%
11%
25%
1%
2%
Were YOU aware of the FREE entertainment at the Oceanfront?
Yes 1033 out of 1497 69%
No 464 out of 1497 31%
Favorite Performer:
Hilby 327 out of 1053
All of it 115 out of 1053
Beachstreet All Stars 97 out of 1053
Puppets 83 out of 1053
Magic/Magicians 82 out of 1053
BandslMusic 66 out of 1053
Krindle 62 out of 1053
Gazzo 37 out of 1053
Jazz 20 out of 1053
Street Performers 12 out of 1053
Least Favorite Perlormer:
None 128 out of 190
Magic/Magicians 10 out of 190
Gazzo 10 out of 190
Hilby 6 out of 190
31%
11%
9%
8%
8%
6%
6%
4%
2%
1%
67%
5%
5%
3%
Did YOU find the entertainment suitable for families?
Yes 1429 outo£1445 99%
No 16 out of 1445 1%
Would the free entertainment influence a return trip to Vir2inia Beach?
Yes 1271 out of 1406 90%
No 135 out of 1406 10%
Are YOU aware of the free entertainment in the parks?
Yes 992 out of 1496 66%
No 504 out of 1496 34%
The "Boardwalk Kaleidoscope" prO2ram takes place daily on the Boardwalk from
4- 7 p.m. Are YOU aware of this pro2ram?
Yes 311 out of 1486 21 %
No 117'ollto¡'14¡';Ö 7l)°o
Did you know there were free fireworks every Friday and Sunday ni2ht?
Yes 826 out of 1500 55%
No 674 out of 1500 45%
Survey, 2001 - page 2
How did you find out about the fireworks?
Saw Them 73 out of 409 18%
Beachstreet Staff 48 out of 409 12%
PosterlBrochure 46 out of 409 11 %
Paper 46 out of 409 11 %
Family/Friend 43 out of 409 11 %
Local 40 out of 409 10%
Hotel/Motel 33 out of 409 9%
Visit Before 31 out of 409 8%
Heard Them 15 out of 409 4%
Internet 6 out of 409 2%
Have the "Beachstreet" staff and performers been helpful in answering your
questions?
Yes 1268 out of 1289 98%
No 21 out of 1289 2%
Have YOU eaten any of the following at a resort restaurant today?
Lunch 120outof1518 8%
Dinner 3850utof1518 25%
Both 541 out of 1518 36%
Blank 472outofl518 31%
Please share yOU impression of the retail mix along Atlantic Avenue.
Good 1107 out of 1473 75%
Fair 341 out of 1473 23%
Poor 25 out of 1473 2%
Have yOU felt safe while strolling the oceanfront?
Yes 1481 out of 1495 99%
No 14 out of 1495 1%
Is the resort area visually appealing to you?
Yes 1423 out of 1480 96%
No 57 out of 1480 4%
On a scale of 1-10. with 10 as the highest. please rate your overall impression of
your "Beachstreet" experience.
Rate of 1 - 6 71 out of 1483 5%
Rate of7 - 10 1412 out ofl483 95%
- 17-
PUBLIC HEARING
ITEM# 49103
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY:
Lot ll-A at Harbour Point (Old Rudee Motel Site) (BEACH - DISTRICT 6)
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
Item V-J.
December 18,2001
-18 -
0 RD INAN CESIRESO L UTI 0 NS
ITEM# 49104
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED IN ONE
MOTION, Ordinances 1 (DEFERRED), 2, 4 ale 4(b) (DEFERRED), and 6 of the CONSENT AGENDA.
Item 1 was DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002.
Item 4 b was DEFERRED INDEFINITELY, BY CONSENT
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
- 19-
Item V-J.J.
0 RD INAN CES/RESO L UTI 0 NS
ITEM# 49105
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED until the
City Council Session of January 8, 2001:
Ordinance to declare EXCESS PROPERTY on Lot 11 A acquired by the
City for Harbor Point Road Extended and exchange said property to F.
WAYNE and CHERYL P. McLESKEY for which they will convey Parcel
Band C to the City; and, authorize the City Manager to execute an
agreement for the exchange of said property.
(BEACH - DISTRICT 6)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
,-
~ 20-
Item V-J.2.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 49106
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT from CEDAR COVE ASSOCIATES, LC, a
Virginia limited liability company, the dedication of 26,794 square feet of
property at the intersection of Adam Keeling Road and Island Lane to be
used for future drainage or the banking of wetlands.
(LYNNHA VEN - DISTRICT 5)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
10
11
12
13
14
15
16
17
18
19
20
21
22
ORDINANCE NO.
AN ORDINANCE TO ACCEPT THE
DEDICATION OF A CERTAIN PARCEL OF
PROPERTY LOCATED AT THE
INTERSECTION OF ADAM KEELING ROAD
AND ISLAND LANE IN THE CITY OF VIRGINIA
BEACH ON BEHALF OF THE CITY COUNCIL
OF VIRGINIA BEACH
1
WHEREAS, Cedar Cove Associates, L C., a Virginia limited liability company,
2
is the owner of a certain parcel of real property containing approximately 26,794 square
3
feetlO.61511 acres, located at the intersection of Adam Keeling Road and Island Lane in
4
the City of Virginia Beach, Virginia and being further described as GPIN 1499-17-6217 (the
5
"Property") as shown on the plat entitled "PLAT SHOWING PROPERTY TO BE
6
CONVEYED TO THE CITY OF VIRGINIA BEACH FROM CEDAR COVE ASSOCIATES,
7
LC. . VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as Exhibit A;
8
WHEREAS, Cedar Cove Associates, L C. graciously desires to dedicate the
9
Property to the City of Virginia Beach;
WHEREAS, the Department of Public Works has determined that the
Property is suitable, inter alia, for drainage purposes; and
WHEREAS, pursuant to Section 15.2-1800(A) of the Code of Virginia , 1950,
as amended, the City Council may acquire, by gift or devise, title to, or any interests in, any
real property, whether improved or unimproved, within its jurisdiction, for any public
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the City Council hereby accepts the offer of Cedar Cove
Associates, LC. to dedicate the Property as shown on Exhibit A, attached hereto, and as
set forth in the Deed of Dedication, which is attached hereto as Exhibit B, subject to all
matters of record.
This ordinance shall be effective from the date of its adoption.
23
24
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th
day of
December, 2001.
CA-
R -1
PREPARED: 10/30/01
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
APPROVED AS TO CONTENT
s C, £,U"Ct\.
lie Works/Real Estate
.
0
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LOCATION MAP FOR
PROPOSED DEDICATION OF PROPERlY
TO THE CllY OF VIRGINIA BEACH, VIRGINIA
BY CEDAR COVE ASSOCIATES, L.C.
00
0
A~/e ",en
SCALE: 1" = 100'
PREPARED BY PM' ENG. DRAFT. 05-DEC-2001
INSET
NOT TO SCALE
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GPtN 1499 17 3382
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GPtN 1499 17 2149
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GI'IN 1499 17 5164
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GPIN 1499 17 7190
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1. PROI'EIOY UNf INFOItMAT1ON 1S..sED ON PlATS, OEIDS, /H) ACTUAL AÐD MfASUOfMEN1S, THIS PlAT
IS INIDIDm fOR ACQUI5ß1ON f\JIII'O5ES ONLY AND DOES CXJN5TTI\II'E A """"""'" 5UIMY,
2. MfJU[ Wf SOUIIΠIS BAS8> ON w>aN1A STAn PlANE COOODINAn S"/SIDO, SOUTH ZON< NAD .... /84.
CXJOIIDIHATE VAU..O:S - ÐCI'IIBSB> ... INIBINATICIIW. fUT (ONE FOOl" EQUMS ........ Mf[fJIS).
fQ =-- ~T':r.'= =-~o THE aT\' Of VIIIGNIA BEACH """" aÐM GTIOVE A>OOCIATlS,LC.
'I\IIQNIIo<
... THE asu<'S OfllCE OF THE 0IIaJIf CXJURT Of THE aT\' OF VlllClNIA IIfAoCH, VIRQNIA,
ON - - DAY Of 2OØI. THIS PlAT WAS IEaMD N<D """""'"
10 Rf<DIID IN loW' BOOK '" pAC;(
PlAT SHOWING
PROPERTY TO BE CONVEYED TO "!HE OTY OF
VIRGINIA BEACH
""""
CEDAR COVE ASSOCIATB, L C,
VIRGINIA BEACH, VIIICIN1A
SURVEY ØUOfAIJ
ENGINfEIIING DMSION
DEP""""'" Of I'tJØUC WOIIKS
aT\' Of VUIGNIA 1IEAOt, V1OQNIA II ¡.¡ .
¡DA"'5Ð'J9oIIIEI<11,200111SCN.,E,1-. SO' IIDllAWN BY, J\I.ILf1£W """""'"'200111""'. ::::-.-' 171
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CITY Of VIRGINIA 8fACH
O. 8. 1448 PC. 220
M. 8. 106 PC. 49
GPIN 1499 17 8239
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EXHIBIT B
THIS INSTRUMENT PREPARED BY VIRGINIA
UEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(3)(3)
AND 58.1-81I(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS DEED OF DEDICATION is made this - day of
,200_, by
and between CEDAR COVE ASSOCIATES, Lc., a Virginia limited liability company (the
. "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (the "Grantee").
WITNESSETH:
That for and in consideration of the mutual benefits accruing or to be accrued to
the parties, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Grantor does hereby dedicate, grant and convey to the Grantee, its
agents, assigns and/or successors, with GENERAL WARRANTY and ENGLISH COVENANTS
OF TITLE, unto the Grantee, the following described property, to wit:
ALL THAT certain lot, tract or parcel of land together with
improvements thereon, lying, situate and being in the City of
Virginia Beach, Virginia, and designated and described as
"PROPERTY TO BE CONVEYED TO THE CITY OF
VIRGINIA BEACH FROM CEDAR GROVE ASSOCIATES,
Lc. AREA = 26,794 SQ. FT. = 0.61511 ACRE," as shown on
that certain plat entitled: "PLAT SHOWING PROPERTY TO BE
CONVEYED TO THE CITY OF VIRGINIA BEACH FROM
CEDAR GROVE ASSOCIATES, LC. VIRGINIA BEACH,
VIRGINIA SURVEY BUREAU ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA," Scale: 1"=50', dated Septembei-ll, 2001,
which said plat is recorded in Map Book -' at page ~,
reference to which plat is hereby made for a more particular
description thereof.
TOGETHER WITH all right, title and interest of the Grantor(s), if any,
in and to any and all easements, rights of way, private roads and other
rights of access, ingress and/or egress adjacent to, appurtenant to or in
any way benefitting the above described property.
GPIN: 1499-17-6217
IT BEING the same property (described as Parcel 2) conveyed to
Cedar Cove Associates, LP., by deed dated December 30, 1986,
and recorded in the Clerk's Office ofthe Circuit Court of the City
of Virginia Beach, Virginia, in Deed Book 2580, at page 1612.
(Certificate of Name Change to Cedar Cove Associates Lc., a
Virginia limited liability company, recorded in Deed Book 3179,
at page 2172.)
This conveyance is made subject to the covenants, conditions, restrictions and
easements of record, insofar as they may lawfully affect the aforesaid property.
WITNESS the following signature and seal:
CEDAR COVE ASSOCIATES, Lc.,
a Virginia limited liability company
By:
(SEAL)
Margaret A. Twothy
Member and Manager
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this - day of
,2001, by Margaret A. Twothy, Member and Manager of Cedar Cove Associates,
Lc., a Virginia limited liability company, on its behalf.
Notary Public
(Alfïx NolaryScal)
My commission expires:
APPROVED AS TO FORl'v1
ACCEPTED ON BEHALF OF
THE CITY OF VIRGINIA BEACH'
CITY A HORNEY
CITY REAL ESTATE AGENT
2
- 21 -
Item V-J.3.
0 RD INANCES/RESO L UTI 0 NS
ITEM # 49107
Attorney John Richardson advised Larry Branch was the guiding force behind this project to build a statue
of John Waring at the 1 'lh Street Park. Rick Romano has been serving as an artist consultant and in the
process has contracted a gentleman known as Robert Bricker, a famous Charlottesville Sculptor. The
Virginia Beach Foundation, through Ted Clarkson, has enabled the raising of funds to construct the statue.
John Waring was a very humble man. John Waring's wife, Elaine and oldest son, Mike were recognized in
attendance.
Barbara Messner, P.O. Box 514, Phone: 422-1902, spoke in SUPPORT.
Upon motion by Councilman Branch, seconded by Council Lady Eure, City Council ADOPTED:
Ordinance to authorize the City Manager to execute an agreement with
SEA ESCAPE CORP and the VIRGINIA BEACH FOUNDATION re
installation and maintenance of a statue of JOHN WAREING in the 17TH
STREET PARK at no cost to the City.
(BEACH - DISTRICT 6)
Voting:
9-1
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor
Meyera E. Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH
SEA ESCAPE CORP. AND THE VIRGINIA
BEACH FOUNDATION PERTAINING TO THE
INSTALLATION AND MAINTENANCE OF A
STATUE OF JOHN WAREING IN THE 17TH
STREET PARK
WHEREAS, the City owns 17th Street east of Atlantic Avenue
and maintains a portion of it as an open area for the public; and
WHEREAS, Sea Escape Corp. (Sea Escape), a Virginia
Corporation, is the owner of the parcel at the northeast corner of
Atlantic Avenue and 17th Street; and
WHEREAS, the remaining portion of 17th Street east of
Atlantic Avenue is currently maintained by the City as a public
right-of-way; and
WHEREAS, the City and Sea Escape, have established a
public park site on the above referenced property pursuant to a
Lease and Development Agreement (Agreement) dated December 6, 1994;
and
WHEREAS, The Virginia Beach Foundation (Foundation), a
charitable foundation organized under the laws of the Commonwealth
of Virginia, wishes to erect on the property located on 17th Street
east of Atlantic Avenue, a statue of John Wareing, in recognition
of John Wareing's devotion to the health and well being of the
citizens of the City of Virginia Beach; and
WHEREAS, Sea Escap~ agrees, and the City, as provided in
the Development Agreement, acquiesces to the installation and
maintenance of said statue in accordance with the attached
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute on behalf of the City of Virginia Beach an agreement
with Sea Escape Corporation and The Virginia Beach Foundation in a
form substantially as presented in the Agreement which is attached
hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18th day of December, 2001.
CA-8298
ORDIN\NONCODE\wareing statue ord.wpd
(date)
R1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~~
~~
City Atto ney' Office
SUMMARY OF TERMS
INST ALLATION AND MAINTENANCE AGREEMENT FOR JOHN WAREING
STATUE AT 17TH STREET AND ATLANTIC AVENUE PROPERTY
PARTIES:
PURPOSE:
TERM:
City of Virginia Beach, Sea Escape Corporation and The Virginia Beach Foundation
Allow for the Installation and Maintenance of a Statue on the Property Located at 17th
Street and Atlantic Avenue.
One year, subject to annual renewals until terminated.
RIGHTS AND RESPONSIBILITIES OF FOUNDATION:
.
Will construct, install and maintain statue upon approval of artist rendering, site plan
and statue specifications.
Will remove statue upon termination of agreement or within 90 days of written notice
of either party.
May refurbish statue at its expense.
Will obtain and pay for all permits and licenses required from public authorities for
initial installation of statue.
Will continue to pay for all public permits, inspection fees and licenses in effect
during Agreement, including those required for removal of statute.
Will retain ownership of statute.
Will pay all personal property, sales, rental, use and other taxes on statue or its use.
Will have a non-transferrable interest in Agreement unless written consent of other
parties received.
.
.
.
.
.
.
.
RIGHTS AND RESPONSIBILITIES OF CITY:
.
Will agree to the installation of statue on the 17th Street Park property as per the
agreement.
Will require immediate removal if statue's condition poses a threat to public health,'
safety or welfare.
Will have approval rights of artist rendering, site plan and statue specifications.
.
.
City may terminate by providing Foundation ninety (90) days notice prior to
the end of the annual term, or immediately upon conditions that pose threat
to the public health, safety or welfare.
TERMINATION:
- 22-
Item V-J.4.a/c
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 49108
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinances re Composition of Council-appointive Committees and
appointment flexibility:
a. Resort Advisory Commission
c. Youth Services Coordinating Council
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
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AN ORDINANCE TO REVISE THE
COMPOSITION OF THE RESORT ADVISORY
COMMISSION
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Section Amended:
City Code § 2-6
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
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BEACH, VIRGINIA:
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That Section 2-6 of the City Code is hereby amended and
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reordained to read as follows:
9
Sec. 2-6.
Resort advisory commission.
(a)
There
hereby
created
the
resort
advisory
lS
commission wLicL sl1c~.ll COIlsist of at l~ast ~l~v~Il (11) but Ilot Illor~
tLaIl IlirleteeIl (19) flLen,ber s .
The members of the commission shall be
appointed by the city council to serve terms of three (3) years.
A chair and a vice-chair shall be elected from the commission by
its members.
All members shall be residents of the city.
(b)
The corllposi tiOI1,
governance and administration of
the
commission
shall
be
accordance
with
its
bylaws,
dated
In
September 22,
1998,
and incorporated by reference herein,
which
bylaws shall not be amended without the prior approval of city
council.
ltl
The commission shall consist
of at
least eleven
(11) ,
but not more than,
nineteen
(19 )
members.
In selecting
members of the commission,
the Ci tv Council shall qi ve special
consideration to representatives of the VirGinia Beach Hotel/Motel
Association,
VirGinia
Beach
Restaurant
Association,
Resort
Retailers Association, VirGinia Beach Division of the Hampton Roads
Chamber of Commerce, VirGinia Beach Council of Civic OrGanizations
and Resort Leadership Council.
The Citv Council shall also appoint
to the commission at least three (3) desiGn professionals havinG
expertise in the fields of architecture,
urban desiqn,
land use
planninG, landscape architecture, transportation planning, or other
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desiqn fields relevant to the purposes for which the commission was
created.
In the event of a conflict between the provisions of this
subsection and any other ordinance or bylaw, the provisions of this
subsection shall control.
-tet 1.Ql
This ordinance supersedes tLe reðolutioll Ordinance
No. 98-2509, adopted by city council on April 2,
1904, September
22nd, 1998 wllicll eðtabliðlled alld appoillted a reðort area adviðory
COILtlLLiððioll.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18th day of December, 2001.
CA-8252
wmmordres\02-006ordin.wpd
December 10, 2001
R-3
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AN ORDINANCE TO REVISE PROVISIONS
PERTAINING TO THE APPOINTMENT OF
MEMBERS TO THE YOUTH SERVICES
COORDINATING COUNCIL FOR THE CITY OF
VIRGINIA BEACH
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
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BEACH, VIRGINIA:
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That
Ordinance
the
City
Number
95-2307G,
adopted by
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Council on January 10,
which Ordinance created the Youth
1995,
Services Coordinating Council (the "Council")and provided for the
membership, purposes and other attributes of the Council, be, and
hereby is, amended and reordained to read as follows:
2.
That
the
Council
include
shall
(1 )
member,
one
respectively, from the Court Services Unit, the Police Department,
the Department of Social Services, the Department of Public Health,
the Department of Mental Health/Mental Retardation/Substance Abuse,
the Public Library,
the Department of Parks and Recreation,
the
Department of Housing and Neighborhood Preservation, and the Public
School
Administration.
Additionally,
City
the
Council
shall
appoiIlt consider for appointment to the Council: one (1) member
from the Community Action Resource Empowerment Committee
( CARE) ;
two
(2 )
are
members
who
actively
affiliated
with
non-profit
organizations
which
provide
services
youth;
to
one
(1 )
representative
from
interfaith
religious
group;
two
(2 )
an
residents of the City who shall be active participants in volunteer
non-profit organizations serving the interests of minors; one (1)
youth from the Mayor's Youth Council and three
( 3)
students from
the Virginia Beach Public School
system.
The
Director of the
Department of Social Services shall provide interim administrative
support to the Council, pending assignment of permanent support
staff and budgeting for supplies through the City budget process.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18th day of December, 2001.
CA-8343
wmm\ordres\youthservordin.wpd
December 11, 2001
R-2
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- 23-
Item V-J.4.b.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 49109
Upon motion by Councilman Jones, seconded by Councilman Branch,
INDEFINITELY'
City Council DEFERRED
Ordinances re Composition of Council-appointive Committees and
appointment flexibility:
b. Review and Allocation Committee (COIG)
Voting:
10-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
- 24-
Item V-J.5.
0 RDINANCES/RESO L UTIONS
ITEM # 49110
Mark Wawner, Project Manager Phase I and Phase II Town Center - Economic Development, advised as
stated earlier Desman Associates, a nationally recognized parking consultant, who conduct parking studies
and structure designs throughout the country have designed the !Jh Street Garage, as well as significant work
on Town Center. They have reviewed the mix of development throughout the project and have determined
adequate parking is available and, in fact, slightly more than required under their analysis. 2468 parking
spaces are being proposed to be provided in both Phase I and Phase II with three(3) separate parking
structures. Their analysis dictated a need of2230 parking spaces, which provided the City a comfort factor
of approximately 240 parking spaces. Provisions have been instilled in the Memorandum of Understanding
that there will be an opportunity to address the parking requirements in the future. Should the City determine
on their own that there is a shortage of parking we can require that the developer provide additional parking
to make up any observed shortfall in the future.
Upon motion by Councilman Branch, seconded by Councilman Mandigo, City Council ADOPTED:
Resolution re a non-binding Memorandum of Understanding relating to
Phase Il of the Town Center (Central Business District (CBD), requesting
execution by the Virginia Beach Development Authori,ty, and authorizing
the City Manager and the City Attorney to proceed with the development
of supplemental project documents.
Voting:
8-0
Council Members Voting Aye:
Linwood 0. Branch, IlL Margaret L. Eure, Barbara M Henley, Reba S.
McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy
K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr and Louis R. Jones
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Hojjler.
Councilman Jones ABSTAINED on Item HI (Town Center) as he is a Stockholder and Member of the
Board of Directors of Resource Bank. On June 28,2001, he became aware that Resource Bank had extended
lines of credit directly or indirectly to Armada Hojjler. Councilman Jones letter of August 23, 2001, is
hereby made a part of the record.
December 18, 2001
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RESOLUTION APPROVING A NON-BINDING
MEMORANDUM OF UNDERSTANDING
RELATING TO PHASE II OF THE TOWN
CENTER (CENTRAL BUSINESS DISTRICT),
REQUESTING APPROVAL AND EXECUTION BY
THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY AND AUTHORIZING THE
DEVELOPMENT OF SUPPLEMENTAL PROJECT
DOCUMENTS
WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
engaged in extensive negotiations with representatives of Armada/Hoffler Development Company,
LLC., and its affiliates, regarding the development of a Central Business District Project known
as "The Town Center of Virginia Beach" (the "Project");
WHEREAS, the Project is a development arrangement between the Authority and
Town Center Associates, LLc. (the "Developer"), for a mixed use commercial development
utilizing the structure of an economic development park in the B-3A Pembroke Central Business
Core District, an area ofthe City which is zoned to optimize development potential for a mixed-use,
pedestrian-oriented, urban activity center with mid -to high-rise structures that contain numerous
types of uses, including business, retail, residential, cultural, educational and other public and private
use;
WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99-
2567B establishing the Central Business District-South Tax Increment Financing Fund (the "TIF
Fund");
WHEREAS, by Ordinance No. 2570Q adopted February 8,2000, the City Council
approved development documents for the Project (the "Project Documents") containing a
comprehensive development arrangement for the first phase ofthe Project and a conceptual outline
of future phases of the Project, requested the Authority to approve and execute the Project
Documents and authorized the City Manager to execute a Support Agreement between the City and
the Authority;
WHEREAS, by Resolution adopted February 15,2000, the Authority approved the
Project Documents and thereafter executed the same;
WHEREAS, subsequent to the execution of the Project Documents, the parties
identified certain necessary and desirable enhancements to Phase I of the Project;
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WHEREAS, by Resolution No. RES-02828 adopted October 10, 2000, the City
Council approved a non-binding Letter ofIntent dated October 5, 2000, which set forth necessary
and desirable enhancements to the Project and found that the proposed enhancements to the Project
would be beneficial to the Project;
WHEREAS, as recommended by the Resolution, the Authority approved and
executed the Letter ofIntent pursuant to its Resolution adopted October 17,2000;
WHEREAS, by Ordinance No. 26l9F adopted February 13,2001, the City Council
approved supplemental Project Documents in furtherance of the Letter ofIntent and requested that
the Authority approve and execute the supplemental Project Documents;
WHEREAS, by Resolution adopted February 20,2001, the Authority approved and
executed the supplemental Project Documents;
WHEREAS, the Developer has worked with the City Manager and City staff and has
proposed minor modifications to Phase I of the Project and a more comprehensive development plan
for Phase II ofthe Project than that currently contemplated in the Project Documents;
WHEREAS, the Developer has worked with the City Manager and City staff to
develop a non-binding Memorandum of Understanding dated November 30,2001 (the "MOU"),
which outlines (a) minor modifications to Phase I of the Project, (b) a more comprehensive
development plan for Phase II of the Project than that currently contemplated in the Development
Agreement and (c) the proposed responsibilities of the City, the Authority and the Developer with
respect to Phase I and Phase II of the Project:
WHEREAS, a complete copy of the MOD is on file with the City Clerk and was
provided to the City Council prior to its December 4, 2001, meeting;
WHEREAS, the obligations of the Authority outlined in the MOD would be
supported by a support agreement between the City and the Authority (the "Support Agreement")
with the traditional public infrastructure costs of the Project to be funded through the City's CIP and
other obligations of the Authority;
WHEREAS, the Support Agreement between the City and Authority would be
structured to be paid, subject to annual appropriation, by the available revenue from the TIF Fund,
a special tax district to be established and an additional mechanism for the Developer to pay
projected shortfalls in the TIF Fund;
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WHEREAS, the City Council finds that the proposed modifications to Phase I of the
Project are necessary and are beneficial to the Project;
WHEREAS, the City Council finds that Phase II of the Project will stimulate the
City's economy, increase public revenues, enhance public amenities and further the City's
development objectives for the Central Business District; and
WHEREAS, the City Council desires that the Authority approve and execute the
MOU and pursue the development of supplemental Project Documents to be negotiated in
substantial conformity with the terms outlined in the MOD.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1.
The City Council approves the non-binding Memorandum of Understanding
dated November 30,2001 (the "MOU"), between the City of Virginia Beach Development Authority
(the "Authority") and Town Center Associates, LLC. (the "Developer"), a complete copy of which
is on file with the City Clerk, which outlines minor modifications to Phase I of the Project and a
more comprehensive development plan for Phase II ofthe Project than that currently contemplated
in the Development Agreement for the development of a mixed-use commercial development project
in the Central Business District utilizing the structure of an economic development park (the
"Project)".
2.
The City Council requests that the Authority adopt a Resolution consistent
with this Resolution approving the MOD, authorizing its execution, and authorizing the City
Manager and the City Attorney, on behalf of the Authority, to proceed with the development of
supplemental project documents necessary and appropriate to implement the changes to Phase I and
Phase II of the Project substantial as outlined in the MOU.
3.
On behalf of the City of Virginia Beach, the City Manager and the City
Attorney are hereby authorized and directed to proceed with the development of supplemental
Project documents necessary and appropriate for the modifications to the Project outlined in the
MOD, with such supplemental Project Documents to be in substantial conformity with the terms
outlined in the MOU.
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4.
The City Manager is directed to return the final supplemental Project
Documents for approval by the City Council and the Authority and for authorization to execute the
Support Agreement so that the Authority can then proceed with the next phase of the Project.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 8 thday of
December, 2001.
CA-8302.res
December 12,2001
C:\towncenter.res2. wpd
APPROVED AS TO CONTENT:
~~~'(ß ~
Department of Finance
APPROVED AS TO
LEGAL SUFFICIENCY:
4
- 25 -
Item V-J.6.
0 RD INAN CES/RESO L UTI 0 NS
ITEM # 49111
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Resolution to request the Virginia Department of Transportation (VDOT)
establish a project re improvement of the railroad crossing at Witchduck
Road with the City of Virginia Beach agreeing to pay it's share.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
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A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO
ESTABLISH A PROJECT FOR THE
IMPROVEMENT OF THE RAILROAD CROSSING
AT WITCHDUCK ROAD AND AGREEING TO
PAY THE CITY'S SHARE OF THE PROJECT
7
Virginia Department of Transportation
(VDOT)
WHEREAS,
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construction allocation procedures require that, as a prerequisite
9
to VDOT's programming of an urban highway project, the City Council
must adopt a Resolution requesting VDOT to program such project;
and
WHEREAS,
the
an
City
has
submitted
application
to
interconnect the Witchduck Road and 1-264 traffic signal with the
Witchduck Road railroad grade crossing warning signals, so as to
allow the traffic signal to preempt its normal sequence when a
train approaches the grade crossing and provide a green signal to
clear any traffic that may be queued across the railroad tracks;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach hereby requests
the
Virginia Department of Transportation to establish a project for
the improvement of the railroad crossing at Witchduck Road.
BE IT FURTHER RESOLVED:
That the City of Virginia Beach hereby agrees to pay its
share,
consisting of ten per cent
(10%)
of the total costs of
preliminary engineering, right-of-way acquisition and construction
of the project, and further agrees that if the City subsequently
elects to cancel the project, the City will reimburse the VDOT for
the total amount of costs expended by VDOT through the date it is
notified of such cancellation.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18th
day of
CA-8337
wmm\ordres\VDOTres.wpd
December 4, 2001
R-1
APPROVED AS TO CONTENT:
XZ ߣ7 ¿;;;: k
Department of Public Works
December
, 2001.
APPROVED AS TO LEGAL
SUFFICIENCY:
_hilkøllf./~~
Law Department
2
Item V-K.
PLANNING
1. ATLANTIC SHORES RETIREMENT
2. OLD BRANDON INVESTMENT
COMPANY, LLC
3. HOME DEPOT
4. WAWA, INC
5. FRANK DOCZI
6. CITY ZONING ORDINANCE
- 26-
ITEM # 49112
MODIFICATION OF CONDITION #1
(Approved 3/24/98 CUP)
STREET CLOSURE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMEND §§ 1703 AND 1704 fallow duplex
dwellings/ADOPT criteria in the B-4(SD) Resort
Commercial District
December 18,2001
-27-
Item V-K.
PLANNING
ITEM # 49113
Upon motion by Councilman Branch, seconded by Councilman Mandigo, City Council APPROVED in
ONE MOTION Items 1,2,5 (DEFERRED) and 6 of the PLANNING BY CONSENT AGENDA.
Item K.5 was DEFERRED, BY CONSENT, until the City Council Session of January 8, 2002.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood o. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Councilman Harrison ABSTAINED on K.2. (OLD BRANDON) as the applicant is a client of his law firm
Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2.2-3114(E), Code of Virginia
on Item K.5. (DOCZI) that she is a partial owner of property located adjacent to the applicant at 1613
Pleasant Ridge Road. The City Attorney has advised her that she is required to disclose her personal
interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act,
and that she is disqualified from participation in this transaction. Council Lady Henley's letter of December
18, 2001, is hereby made a part of the record.
December 18,2001
- 28-
Item V-K.I.
PLANNING
ITEM # 49114
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council MODIFIED TO
ALLOWCONSTRUCTION OF TWO SIX-STOR Y MIDSIZEBUILDINGS WITH CONDITIONS on the
March 24, 1998, approved application of ATLANTIC SHORES RETIREMENT COMMUNITY, LLC,
ATLANTIC SHORES COOPERATIVE ASSOCIATION, INC:
Application of Atlantic Shores Retirement Community, LLc, Atlantic
Shores Cooperative Association, Inc., for the modification of conditions
placed on the application for a conditional use permit for a retirement
community on March 12, 1990. Property is located at 1200 Atlantic Shores
Drive. PRINCESS ANNE BOROUGH
The following conditions shall be required:
1.
All conditions, with the exception of Number One (1), attached to
the Modification of Conditions granted by the City Council on
March 24, 1998, remain in effect.
2.
Condition Number One (1) of the March 24, 1998, Modification
of Conditions is deleted and replaced with the following:
The total number of units for this pro;ect will not exceed 760 units. The
unit count is 133 Villa Units (existin~). 258 Apartment Units (existin~). 260
Apartment Units (proposed on Convertible Land F). 45 Villa or Assisted
Livin~ Apartment Units (proposed on Convertible Land E) for a total of
696. The remainin~ 64 units are reserved for the eastern portion of the
property at this time. The unit type on Convertible Land E can be either
villa type or assisted livin~ apartment type, but cannot exceed one story.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
- 29-
Item V-K.2.
PLANNING
ITEM # 49115
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY
COUNCIL SESSION OF JANUAR Y 8, 2002, Ordinance upon application of OLD BRANDON
INVESTMENT COMPANY, LLC, for the discontinuance. closure and abandonment of a portion of Old
Providence Road:
Ordinance upon Application of Old Brandon Investment Company, LL c.,
for the discontinuance, closure and abandonment of a portion of Old
Providence Road beginning at a point 209.38 feet west of the intersection
of Indian River Road and Providence Road. Said parcel contains 13,748
square feet. DISTRICT 1 - CENTERVILLE.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L Eure" Barbara M Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
William W Harrison, Jr.
Council Members Absent:
William D. Sessoms, Jr.
Councilman Harrison ABSTAINED as the applicant is a client of his law firm.
December 18,2001
Item V-K.3.
PLANNING
- 30-
ITEM # 49116
Randy Royal, Engineering Services, Phone: 468-6800, represented the applicant
Tom Henricks, Project Manager, The Home Depot, 38975 Cumberland Parkway, Atlanta, Georgia 30339
Phone: (770) 801-3557
Robert Morris, Store Manager, The Home Depot, 3352 Virginia Beach Boulevard, Phone: 340-5804
Anthony Hardock, 401 King James Court, Phone: 463-0157, represented Kings Point, requested the addition
of certain conditions.
A MOTION was made by Councilman Harrison, seconded by Councilman Jones, to DEFER an Ordinance
upon application of HOME DEPOT for a Conditional Use Permit. Said motion was WITHDRA WN
Upon motion by Councilman Harrison, seconded by Councilman Jones, City Council ADOPTED the
Ordinance upon application of HOME DEPOT for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE HOME DEPOT FOR A
CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
RO12013099
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of The Home Depot for a Conditional Use
Permit for a bulk storage yard on the west of King Richard Road, 500 feet
more or less north of Virginia Beach Boulevard (GPIN #1487-85-1584;
#1487- 75-8542). Said parcel is located at 3352 Virginia Beach Boulevard
and contains 12.95 acres. DISTRICT 5 -LYNNHAVEN.
The following conditions shall be required:
1.
The perimeter of the storage area shall be fenced as shown on
the submitted plan entitled, "The Home Depot, Seasonal Sales -
Elevations, Celebration Station - Virginia Beach, Virginia,"
drawn by CASCO, on file in the Department of Planning.
2.
The storage area shall be contained within the 63-foot by 95-foot
area specified on the submitted plan entitled, "Preliminary Site
Plan for Seasonal Display Area at the Home Depot," by
Engineering Services, Inc., and dated 1 0/04/01. All materials for
sale or materials being stored shall be contained within the
specified area. There shall be no materials in the adjacent
parking spaces, parking lot drive aisles, or parking lot landscape
islands.
3.
The perimeter of the area shall be landscaped as indicated on the
site plan described in Condition 2.
4.
There shall be no lighting installed within the area, on the fence,
or immediately adjacent to the area.
5.
There shall be no signage installed within the area, on the fence,
or immediately adjacent to the area other than professionally
prepared traffic control signs. Hand-lettered signs shall not be
utilized.
6.
The area between the northern side of the storage yard and the
sidewalk in front of the Garden Center shall be stripped and
signed to indicate that extreme caution is necessary due to
pedestrians and vehicles entering and exiting the storage area.
December 18,2001
Item V-K.3.
PLANNING
- 31 -
ITEM # 49116 (Continued)
7.
Exiting landscaping along the western and eastern sides of the
main building, between the drive aisles and Little Neck Road
(western side) and King Richard Drive (eastern side), shall be
supplemented through the installation of wax myrtles. Wax
myrtles shall be installed from the end of any existing plantings
along the northern side of the building to a point approximately
equivalent to the front plane of the main building. The wax
myrtles shall be allowed to mature to a height of approximately
six feet to serve as a visual screen between the roadways and the
areas along the side and rear of the building. Maintenance of
the wax myrtles, while they are maturing to the specified height
in order to ensure that the adjacent drive aisles and sidewalks
are not impeded, is permissible.
8.
A site plan consistent with the requirements of the Site Plan
Ordinance shall be submitted to the Planning Department within
60 days of the approval of this permit by the City Council.
Construction of the enclosure required by Condition 1 shall
commence within 120 days of approval of this use permit by the
City Council.
9.
The existin~ chain link fence alon~ the east side of the Garden
Center shall be outfitted with black plastic slats to conceal the
merchandise inside.
10. The Home Depot shall eliminate all noise between the hours of
10 p.m. and 7 a.m. by:
a. Having no forklifts operating outside or in the Garden Center
b. Having no loading or offloading of trailers in the loading dock or
at the sides or rear of the store
c. Having no trucks idling in the loading dock or at the sides or rear
of the store
d. Having no contracted service vehicles operating
e. Having no music playing over the Garden Center speakers
f Having no operation of the emergency generator for preventive
maintenance reasons
11. The Home Depot shall attempt to eliminate all unnecessary noise
caused by the compactor between the hours of 10 PM and 7 AM
by limiting its usage, buffering and making physical
improvements, to be approved by the Planning Director.
This Ordinance 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 Eighteenth of December, Two
Thousand One
Voting:
10-0
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
- 32-
Item V-K.4.
PLANNING
ITEM # 49117
Attorney R. E. Bourdon, Pembroke One, Phone: 499-8971, represented the applicant
Upon motion by Councilman Mandigo, seconded by Council Lady Eure, City Council ADOPTED, AS
REVISED, an Ordinance upon Application ofWA W A, INc., a Pennsylvania corporation,jor a Conditional
Use Permit for an automobile service station with a convenience and carrv-out food store:
ORDINANCE UPON APPLICATION OF WA WA, INc., A PENNSYL VANIA
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A
CONVENIENCE AND CARRY-OUT FOOD STORE RO12013100
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofWawa, Inc., a Pennsylvania corporationfor
a Conditional Use Permit for an automobile service station in conjunction
with a convenience and carry-out food store on certain property located at
the southeast corner of South Independence Boulevard and Holland Road
(GPIN #1476-77-7606; #1476-77-9683; #1476-77-9594). Said parcel
contains 3.16 acres. DISTRICT 2 - KEMPSVILLE.
The following conditions shall be required:
1.
The site shall be developed in substantial conformance with the
submitted site plan entitled, "Conceptual Site Layout and Landscape
Plan of Wawa @ Independence/Holland Island, Virginia Beach,
Virginia," dated 10/29/01, prepared by MSA, P.c. However,
modifications to the plan shall be made as follows:
a. A row of Leyland Cypress trees shall be installed along the
northside of the stormwater management facility for the
purpose of screening the rear of the building from South
Independence Boulevard and Silverleaf Drive
b Foundation landscaping shall be added to the full length of
the sides of the building, except for entryways
c Additional landscaping, acceptable to the Director of Planning,
shall be added to the area to remain vacant at the corner of
Holland Road and Silverleaf Drive
d Additional right-of-way shall be reserved to accommodate
right and left turn lanes on Holland Road
e. A one-foot no ingress/egress easement shall be shown along South
Independence Boulevard and Holland Road, except at the one
approved access point
f The right turn lane proposed for Holland Road shall be
extended to the intersection of Holland Road and Silverleaf
Drive
g. Pedestrian walkways to the convenience store shall be provided
from the sidewalks along each of the public rights-of-way in
accordance with Section 246(d) of the Zoning Ordinance
2.
The design, materials, and colors of the building and canopy shall be
constructed in substantial conformance with the submitted elevations
entitled, "Wawa Food Market, Independence Boulevard and Holland
Road, " dated 1 0/29/01, prepared by Lynch Martinez Architects, LLc.
However, the individual parking bollards depicted on the elevations,
except for the four in front of the glass, shall not be installed.
December 18,2001
Item V-K.4.
PLANNING
- 33-
ITEM # 49117 (Continued)
3.
Freestanding and building mounted signs on the site shall be
installed as depicted on the plan entitled, "Proposed WawaFood
Market, Independence Boulevard and Holland Road Sign age
Plan," dated 10/29/01, prepared by Wawa Inc. Engineering
Department. However, these signs must meet all requirements of
Sec. 905(b) of the City Zoning Ordinance. In addition, the
freestanding sign shall not exceed eight feet in height. No
signage in excess of a total of four (4) square feet of the entire
glass area of the exterior wall shall be permitted on the window
area. With the exception of traffic control signs and those
allowed by this condition, there shall be no other signs {neon
signs or neon accents} installed on any wall area of the exterior
of the building, windows and/or doors, canopy, canopy supports,
light poles, or any other portion of the site
4.
All interior property lines shall be vacated
5.
No outdoor vending machines and/or display of merchandise
shall be allowed
6.
Bicycle racks shall be provided near the entrance of the store
7.
The canopy lighting shall be low level and recessed. The lumen
level shall not exceed 50 lumens under the canopy. Verification,
by a pre-approved third party source, such as an electrical
engineer, of the lumens level shall be submitted to the currant
Planning Division of the City of Virginia Beach Planning
Department before the issuance of the Certificate of Occupancy
8.
Planting pits shall be backfilled with thirty-six (36) inches of
topsoil
9.
Trees shall be planted at least two (2) feet from the edge of the
landscape island
10. No left turn lane traffic from TJrOTJertv onto Holland Road
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Two
Thousand One
Voting:
10-0
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
- 34-
Item V-K.S.
PLANNING
ITEM # 49118
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED TO CITY
COUNCIL SESSION OF JANUARY 8, 2002, Ordinance upon application of FRANK DOCZI for a
Conditional Use Permit for a riding academy and boarding horses:
ORDINANCE UPON APPLICATION OF FRANK DOCZI FOR A
CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND
BOARDING HORSES
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Frank Doczi for a Conditional Use Permit
for a riding academy and boarding horses at the southwest intersection of
Pleasant Ridge Road and Charity NeckRoad (GPIN#2411-58-8925). Said
parcel is located at 1613 Pleasant Ridge Road and contains 20.2 acres.
DISTRICT 7 - PRINCESS ANNE.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Linwood o. Branch, IlL Margaret L. Eure, William W Harrison, Jr., Louis
R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M Henley
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2.2-3114(E), Code of Virginia
on Item K. 5. (DOCZI) that she is a partial owner of property located adjacent to the applicant at 1613
Pleasant Ridge Road. The City Attorney has advised her that she is required to disclose her personal
interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act,
and that she is disqualified from participation in this transaction. Council Lady Henley's letter of December
18, 2001, is hereby made a part of the record.
December 18,2001
City e>f Virgir1ia Beach
BARBARA M. HENLEY
COUNCILWOMAN - PUNGO BOROUGH
(804) 426-7501
FAX (804) 426-5669
3513 CHARITY NECK ROAD
VIRGINIA BEACH, VIRGINIA 23456
December 18,2001
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: Abstention Pursuant to Section 2.2-3114(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-31 14(E), Code of Virginia, I
make the following declaration:
1.
I am executing this written disclosure regarding City Council's discussion and vote on
an application for a conditional use permit for property located at 1613 Pleasant Ridge
Road.
2.
The nature of my personal interest is that I am a partial owner of property located
adjacent to that at 1613 Pleasant Ridge Road.
3.
The City Attorney has advised me that I am required to disclose my personal interest
as it meets the criteria of a personal interest in the transaction under the Conflict of
Interests Act, and that I am disqualified from participating in this transaction.
Mrs. Ruth Hodges Smith
-2-
December 18, 2001
Accordingly, I respectfully request that you record this declaration in the official records of
the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which
addressed this same matter.
Thank you for your assistance and cooperation in this matter.
~ ffJ.~
Councilmember Barbara M. Henley
Virginia Beach City Council
B MH/RRI
Enclosure
City e>f Virgi:r1ia. I3ea.ch
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOO (757) 427-4305
In Reply Please Refer to OP- 732
December 18,2001
Councilmember Barbara M. Henley
Virginia Beach City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Request for Conflict of Interests Act Opinion
Dear Councilmember Henley:
I am writing in response to your request for an opinion as to whether you are precluded from
participating in City Council's discussion of, and votes on, an application for a conditional use
permit for property located at 1613 Pleasant Ridge Road.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the opinion that you have a personal interest in the application for a
conditional use permit. Therefore, the Conflicts of Interest Act would prohibit you from
participating in City Council's discussion of, and votes on, the application.
I base the aforesaid conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion
to the extent that those facts are complete and accurate.
Proud ReciPient of the 1998 U. S. Senate Medallion of Excellence for Productivity and QJtality in the Public Sector.
Counci1member Barabra M. Henley
-2-
December 18,2001
FACTS PRESENTED
Frank Doczi has applied for a conditional use permit for his property located at 1613 Pleasant
Ridge Road (the "Doczi property"). He seeks permission to establish a horse boarding facility and
riding academy on his property, which is located in an Agricultural District. You and members of
your family own property (the "Murden property") which is adjacent to Mr. Doczi's property, and
the value of your interest in the Murden property exceeds $10,000.
ISSUE PRESENTED
May you may participate in City Council's discussion of, and votes on, the application for
a conditional use permit for property located at 1613 Pleasant Ridge Road?
D ISCUSSI ON/CON CL USI 0 N
The State and Local Government Conflict of Interests Act is set forth in § 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal
interests of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member.
"Personal interest" is defined in § 2.2-3101 of the Act as
[ a] financial benefit or liability accruing to an officer or employee or
a member of his immediate family. Such interest shall exist by
reason of (i) ownership in a business ifthe ownership interest exceeds
three percent of the total equity of the business; (ii) annual income
that exceeds, or may reasonably be anticipated to exceed, $10,000
from ownership in real or personal property or a business; (iii) salary,
other compensation, fringe benefits, or benefits from the use of
property or any combination thereof, paid or provided by a business
that exceeds, or may reasonably be anticipated to exceed, $10,000
annually; (iv) ownership of real or personal property if the interest
exceeds $10,000 in value and excluding ownership in a business,
income, or salary, other compensation, fringe benefits or benefits
from the use of property; or (v) personal liability incurred or assumed
on behalf of a business if the liability exceeds three percent of the
asset value of the business.
Pursuant to §2.2-31 0 1 of the Act, a "personal interest in a transaction" exists
when an officer or employee or a member of his immediate family
has a personal interest in property or a business, or represents any
individual or business and such property, business, or represented
Councilmember Barabra M. Henley
-3-
December 18,2001
individual or business (i) is the subject of the transaction or (ii) may
realize a reasonably foreseeable direct or indirect benefit or detriment
as a result of the action of the agency considering the transaction.
Based on these definitions, you have a "personal interest" in the Murden property by virtue
of your ownership interest which exceeds $10,000 in value. The critical inquiry, therefore, is
whether, because of your personal interest in the Murden property, you have a "personal interest in
a transaction" concerning the application for a conditional use permit for the adjacent Doczi
property.
Based upon the facts presented, the Murden property is not the subject of the transaction.
The final step in the "personal interest in a transaction" analysis is to determine whether it is
reasonably foreseeable that the Murden property may realize a direct or indirect benefit or detriment
as a result of City Council's consideration of the application.
If City Council grants Doczi a conditional use permit, it is reasonably foreseeable that the
establishment of a horse boarding facility and a riding academy will result in increased vehicular
traffic in the immediate vicinity ofthe Doczi property.! Further, one ofthe conditions placed on the
conditional use permit concerns the location of the entrance, which could be close to the Murden
property. Because the Murden property is adjacent to the Doczi property, it is reasonably foreseeable
that the Murden property may realize a direct or indirect benefit or detriment as a result of City
Council's consideration of the application. Therefore, it is my opinion that the Act precludes you
from participating in the Council's discussion of, and vote on, the application.
Please contact me should you desire any additional information.
Very truly yours,
~~
City Attorney
LLL/RRI
I At the Planning Commission's hearing on this matter, opposition to the conditional use permit was
based on an anticipated increase in vehicular traffic and concerns about road conditions.
- 35 -
Item V-K.6.
PLANNING
ITEM # 49119
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND § § 1703 and 1704 of the City Zoning Ordinance
(CZO) to allow duplex dwellinfJs as a permitted use in the Shore Drive
Overlay District and to ADOPT criteria for duplex dwellings in the B-4
(SD) Resort Commercial District. (LYNNHA VEN - DISTRICT 5)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
December 18,2001
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
1
2
3
4
5
6
7
8
AN ORDINANCE TO AMEND SECTIONS 1703 AND 1704
OF THE CITY ZONING ORDINANCE TO ALLOW DUPLEX
DWELLINGS AS A PERMITTED USE IN THE B-4 (SO)
RESORT COMMERCIAL DISTRICT (SHORE DRIVE
OVERLAY DISTRICT) AND TO ADOPT CRITERIA FOR
DUPLEX DWELLINGS IN THE B-4 (SO) RESORT
COMMERCIAL DISTRICT (SHORE DRIVE OVERLAY
DISTRICT)
9
SECTIONS AMENDED: CZO §§ 1703 and 1704
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1703 and 1704 of the City Zoning Ordinance are
hereby amended and reordained to read as follows:
Sec. 1703.
Use regulations.
(a)
Principal uses.
Subject to general requirements and to
the regulations of the underlying zoning district, all uses and
structures permitted as principal uses in the underlying zoning
district in which they are located shall be permitted as principal
uses within the Shore Drive Corridor Overlay District, except the
following:
(1 )
Hotels
and motels
in
the
B-4 (SO)
Resort
Commercial
District;
(2)
Multiple-family
dwellings
in
the
B-4(SD)
Resort
Commercial District;
(3)
Attached
dwellings
in
the
B-4 (SO)
Resort
Commercial
District;
(4 )
Boat sales in the B-4(SD) Resort Commercial or B-2(SD)
Community Business Districts; and
(5 )
Commercial parking lots,
parking garages
and storage
garages
located in the B-4 (SO)
or
Commercial
Resort
B-2(SD) Community Business Districts.
In addition, the followinG uses shall be permitted within the
Shore Drive Corridor Overlay District,
al thoUGh not allowed as
principal uses in the underlyinG zoninG district:
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
III
Sec. 1 7 0 4 .
Duplex
Dwellings
Resort
Commercial
in
the
B-4
(SD)
Districts.
Dimensional and other requirements; density; landscape
screening and buffering.
Subject to the provisions of Section 1703 of this ordinance,
dimensional and other requirements for uses and structures located
within
the
Shore
Drive
Corridor Overlay
District
shall
be
as
specified in the underling zoning district; provided, however, that
l£l
(SD)
Resort
The followinG chart lists the requirements within the B-4
Commercial
District
Drive
( Shore
Corridor
Overlay
District) for minimum lot area, width, yard spacing and maximum lot
coveraGe for duplex dwellinGs.
(SD)
Resort
District:
III
ßl.
lJ.l
ill..
l2L
1.Ql.
For duplex dwellinGs in the B-4
Commercial
District
(Shore
Drive
Corridor
Overlay
Duplexes
Minimum lot area
10,000 square feet
Minimum lot width
75 feet
Minimum front yard
20 feet
Minimum front yard setback
when adlacent to a 40-foot
riqht-of-way created in
accordance with section
4.1(m) of the subdivision
ordinance
25 feet
Minimum side yard
10 feet
Minimum side yard setback
when adlacent to a street
15 feet
2
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
J.1ì
ill
in
Minimum side yard setback
when adlacent to a 40-
foot riaht-of-way created
in accordance with section
4.1(m) of the subdivision
ordinance
20 feet
Minimum rear yard
20 feet
As an exception, the setback
for any yard adjacent to the
Chesapeake Bay for any struc-
tures shall be 30 feet in the
B-4 (SO) District
l1Ql Maximum lot coveraae
J.l.ll
ll2l.
35 percent
Maximum total of building
floor area and area of
aarages areater than 1,000
SQuare feet expressed as a
percentaae of maximum allow-
able lot coveraae
200 percent
Maximum area of impervious
cover, as defined in 103 of
the Chesapeake Bay Preserva-
tion Area Ordinance, expressed
as a percentaae of lot size
60 percent
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 18th day of December, 2001.
CA-8232
DATA\ORDIN\PROPOSED\czo17030rd.wpd
R3
October 26, 2001
3
- 36-
Item V-M.l.
ITEM # 49120
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
3]'1 Street Project
LEGAL MA TTERS: Consultation with legal counselor briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to 2.2-3711 (A)(7).
3Ft Street Project and related contractual negotiations
Upon motion by Council Lady Parker, seconded by Councilman Mandigo, City Council voted to proceed
into CLOSED SESSION.
Voting:
9-0
Council Members Voting Aye:
Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R.
Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Vice Mayor Williams D. Sessoms, Jr.
(Time of Closed Session: 7:55 to 8:26 P.M.)
December 18,2001
- 37-
Item V-No
CERTIFICATION OF
CLOSED SESSION
ITEM #49121
Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
8-0
Council Members Voting Aye:
Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Reba
S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf,
Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Linwood o. Branch, IIL Louis R. Jones and Vice Mayor Williams D. Sessoms, Jr.
December 18,2001
Irønlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49120, page 36, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~~
Ruth Hodges Smith, MMC
City Clerk
December 18,2001
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Item V-O.
ADJOURNMENT
ITEM # 49122
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:26 P.M.
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Chief Deputy City Clerk
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City Clerk
- -- -- --- - - -- -- -- -- -- --- -- -- -- ----
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
December 18,2001