November 24, 1998 MinutesCity of Virginia F3each
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. Al -Large
Vl('E MAYOR WILLIAM D. SESSOMS. JR.. At -Large
LLVWOOD O. BRANCH 111. District 6 -Beach
MARGARET 1.. EURE. District I -Centerville
WILLIAM W. HARRISON, JR.. District 5-L.ynnlmven
HAROLD HEI SCHORER. At -Large
BARBARA M. !IENLEY. District 7 -Princess Anne
LOUIS R. JONES. District 4-Bays,Je
REBA S. McCLANAN. District 3 -Ruse /lull
NANCY K. PARKER, At -Large
A.M. (DON) WEEKS. District 2-Kemp.sville
JAMES K. SPORE, City Munger
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITII, CMCIAAE. City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 2 3456-9005
PHONE.: 1757) 4274303
FAX: (757)426.5669
EMAIL: CTYCNCL@CITY.VIRGINIA.BEACH.VA.0
I. CITY MANAGER'S BRIEFINGS
A. HANDI-RIDE
Dale Castellow, Department of Planning
B. LYNNHAVEN WATERSHED STUDY - CORPS OF ENGINEERS
Clay Bernick, Department of Planning
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
November 24, 1998
- Conference Room - 2:30 PM
- Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Andrew J. MacBeth
Eastern Shore Chapel
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS November 10, 1998
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered
in the ordinary course of business by City Council to be enacted by one motion.
H. PUBLIC HEARINGS
1. EXCESS CITY REAL ESTATE PROPERTY - Greenville County (Lake Gaston)
2. AGRICULTURAL PRESERVATION PROGRAM (ARP) (District 7 - Princess Anne)
I. ORDINANCES
1. Ordinance to declare as EXCESS PROPERTY a 7.4 acre parcel (acquired for Lake Gaston)
in Jarratt, Virginia, and authorize the City Manager to convey the parcel to the Town of
Jarratt via a Quitclaim Deed.
2. Ordinance to authorize the acquisition of Agricultural Land Preservation Easements (ARP)
and the issuance by the City of its contract obligations (DISTRICT 7 - PRINCESS ANNE):
a. Roy D. Flanagan - 34.20 Acres - $188,288.
Installment Purchase Agreement No.1998-23
3. Ordinance to AMEND the City Code, ADDING Article VI to Chapter 5 (Sections
5-95 through 5-103) re protection of wild horses.
4. Ordinance to ACCEPT and APPROPRIATE a $528,432 Grant from the Virginia Tourism
Corporation to the FY 1998-1999 Operating Budget of the Department of Convention and
Visitor Development re advertising tourist related activities; and, estimated revenue from
the Commonwealth be increased accordingly.
5. Ordinance to ACCEPT and APPROPRIATE $385,076 from the Commonwealth of
Virginia re performance-based pay increases, salaries and operating expenses for nine
(9) additional deputy positions; TRANSFER $42,429 from the General Fund Reserve
Contingencies for Grant Matches re City match for the additional deputy positions;
APPROPRIATE $20,975 in fund balance from the Inmate Telephone Fund to the FY 1998-
1999 Operating Budget ofthe Sheriff's Department re an additional Account Clerk I; and
estimated revenue from the Commonwealth be increased accordingly.
6. Ordinance to ACCEPT and APPROPRIATE a $35,000 Grant from the Commonwealth of
Virginia Department of Criminal Justice Services to the FY 1998-1999 Operating Budget
of the Virginia Beach Parks and Recreation Department re needs assessment ofthe Virginia
Beach Juvenile Justice System.
7. Ordinance to award a lease of City property to NEXTEL COMMUNICATIONS at 1848
Pleasant Ridge Road for construction, maintenance and operation of wireless
telecommunication facilities (DISTRICT 7 - PRINCESS ANNE).
8. License Refunds - $2,289.23
J. RESOLUTIONS
1. Resolution to express concurrence with the Sheriff's phase-in of the use of white Sheriffs'
marked vehicles.
2. Resolution to confirm the appointment of re Carol E. Summers as Assistant City Attorney,
effective November 23, 1998.
K. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. MODIFICATION OF CONDITIONS to the November 25, 1997, approved application
of JOE MONDS, JR. for a Conditional Use Permit for an alternative rural residential
development to relocate certain lots from fronting on Blackwater Loop at the Northwest
intersection of Blackwater Road, containing 34.36 acres (DISTRICT 7 - PRINCESS ANNE).
Recommendation: APPROVAL
2. MODIFICATION OF CONDITIONS to the March 26, 1990, approved application of H.
ERNEST & LEONTINE BROWN for a Change of Zoning District Classification from R-
20 to B -1A to F F ASSOCIATES to construct an expansion to the existing Veterinary
Clinic at 2209 Princess Anne Road, containing 34,848 square feet (DISTRICT 7 -
PRINCESS ANNE).
Recommendation: APPROVAL
3. Application of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC., for
an enlargement of the nonconforming existing use at the Northwest corner of Atlantic
Avenue, 67`h Street and Seashore State Park to enlarge existing facilities (LYNNHAVEN -
DISTRICT 5)
Deferred:
July 14, 1998
August 4, 1998
November 10, 1998
Recommendation: DEFER UNTIL DECEMBER 8, 1998
4. Applications of BAYVILLE FARMS ASSOCIATES, L.C. (DISTRICT 4 - BAYSIDE):
a. Declare as EXCESS PROPERTY a 50' strip of First Court Road; and, authorize the
City Manager to convey the parcel to Bayville Farms Associates, L.C. by Quitclaim
Deed.
Recommendation: APPROVAL
b. For the discontinuance. closure and abandonment of a portion of First Court Road
beginning at the Southern boundary of Shore Drive and running in a Southwesterly
direction a distance of 1165.07 feet, containing 1.42 acres.
Recommendation: FINAL APPROVAL
5. Application of ACTORS AND ENTERTAINERS, INC., for a Conditional Use Permit for
a private club on the East side of Newtown Road, 250 feet more or less North of Virginia
Beach Boulevard (470 Newtown Road), containing 1.305 acres (DISTRICT 2 -
KEMPSVILLE).
Deferred: November 10, 1998
Recommendation: APPROVAL
6. Application of OCEAN LAKES CHURCH OF GOD for a Conditional Use Permit for a
church and day care facility on the North side of Dam Neck Road beginning at a point 400
feet more or less West of Gallery Avenue, containing 2.32 acres (DISTRICT 6 - BEACH).
Recommendation: APPROVAL
7. Application of MR. and MRS. PHILIP WAYNE MURDEN, JR., for a Conditional Use
Permit for an alternative residential development (to subdivide property into three (3) lots)
at the Northwest corner of West Neck Road and Princess Anne Road (4164 West Neck
Road), containing 23.283 acres (DISTRICT 7 -PRINCESS ANNE).
Recommendation: APPROVAL
8. Application of BETTY L. CROSS for a Conditional Use Permit for a residential kennel (to
increase the number of adult dogs) on the East side of Bethune Drive, South of the
intersection with Lee Highlands Boulevard (625 Bethune Drive), containing 8800 square feet
(DISTRICT 3 - ROSE HALL).
Recommendation: DENIAL
9. Application of NICK & CATHYANN PULIZZI for a Change of Zoning District
Classification from B-1 A Limited Community Business District to R-20 Residential District
at the Southwest intersection of Dam Neck Road and Bold Ruler Drive (615 Dam Neck
Road), containing 1.66 acres (DISTRICT 7 - PRINCESS ANNE).
Recommendation: APPROVAL
L. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. CITY COUNCIL SESSIONS SCHEDULE - DECEMBER 1998
2. ABSTRACT OF VOTES
City of Virginia Beach General Election - November 3, 1998
3. ABSTRACT OF LEGAL CASES RESOLVED - October 1998
O. ADJOURNMENT
**********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * * *
11/19/98BAP
AGENDA \11-24-98
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 24, 1998
Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS in the Council
Conference Room, City Hall Building, on November 24, 1998, at 2:30 P.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K Parker and Vice
Mayor William D. Sessoms
Council Members Absent:
Mayor Meyera E. Oberndorf
[ENTERED: 2:46 P.M
ATTENDING SALEM HIGH SCHOOL
RECOGNITION FOR "SUN DEVILS"
STATE CHAMPION (GIRL'S) VOLLEY
BALL TEAM]
William W. Harrison, Jr. [ENTERED: 2:55 P.M.]
A. M. "Don" Weeks [ENTERED: 3:25 P.M.]
-2 -
CITY MANAGER'S BRIEFING
HANDI-RIDE
3:30 P.M.
ITEM # 44294
Dale Castellow, Transportation Planning Co-ordinator, distributed information to City Council relative the
Handl Ride Services and introduced Lee Carlson, Finance Director - TRT. In January, a Briefing was
provided relative the growing demand for Handl Ride and its associated escalating cost. TRT formed a
Task Force relative this issue. The culmination of their work was the document distributed to City Council
dated June 10, 1998, and hereby made a part of the record. Shortly after the recommendations were
developed, correspondence was received from the Endependence Center suggesting the disabled community
was not in agreement with the recommendations contained within the report. For the last several months,
the Task Force has been meeting with the Endependence Center and there is a new non-profit organization
which essentially represents a cross section of the disabled community as it relates to public transportation.
TRT has been meeting with that committee fairly regularly for the last few months and has developed a
position. The disabled community's concern was directly related to the idea as members lose access to
Handl Ride, their next option will be fixed route bus service. They have not been comfortable with this idea.
In an effort to acquaint the disabled with the routes, TRT has been working with them to devise a travel
training program. This new non-profit organization would supervise a training program. Any member of
the disabled community who now has access to Handl Ride and might lose that service based on the
implementation of one or any package of these recommendations, would have the ability to go to this non-
profit organization and essentially have training , teaching them how to ride the new service. The
Endpendence Center will be pursing a grant through Project Action, which would be the initial funding for
this training program. There is a limit to the time frame. Therefore, this will be reviewed as a five-year
program. The first two years will be funded through Project Action and the final three years will be funded
through a grant that TRT has submitted for regional transportation funds ($60,000 per year). This training
program can be operated for approximately $280,000 for five years. Lee Carlson advised a letter of support
was forwarded advising TRT would provide 400 passes for 200 clients plus their instructor and also cover
some of the incidental costs of their trainers.
Mr. Castellow reviewed the recommendations contained within the report:
Commence as soon as practicable, a recertification of eligibility for van
service in accordance with the criteria set forth in the ADA and sighted by
professional evaluators.
Increase the fare for Non ADA trips to 40% of the cost of the trip,
currently $.68 cents per mile. The 40% is the revenue recovery ratio for
regular transit service.
Provide only the Non -ADA service advertised in the official Handl Ride
brochure and published in the original ADA plan submitted to the Federal
Transit Administration.
Ask Virginia Beach for the amount of Handi-Ride subsidy which can be
used for Non -ADA trips. Limit trips to that amount and set trip priorities
for medical, work and other reasons in that order.
Develop, where practical, a system of transferring clients to fixed route
buses at the closest accessible stop.
Determine ifit would be feasible to provide scheduled route service for the
disabled only in the Non ADA areas.
Mr. Carlson advised the criteria for complementary paratransit service:
Individuals who cannot board, ride, or disembark from an accessible
vehicle (e.g., people who because of a visual or cognitive impairment
cannot "navigate the system').
People who can use an accessible vehicle but cannot use a route on a fixed
route system for lack of accessible vehicles.
November 24, 1998
-3 -
CITY MANAGER'S BRIEFING
HANDI-RIDE
ITEM # 44294 (Continued)
People who have specific impairment -related conditions that prevent their
getting to or from a stop.
Transit operators must provide complementaryparatransit services for qualified persons for trips which
begin and end within 3/4 mile of a transit route during the hours of scheduled service on those route.
Mr. Carlson displayed graphics indicating the Virginia Beach 3/4 mile ADA compliant service area. Gold
stars indicated Virginia Beach registered clients as ofJune 1, 1998 Green stars indicated Virginia Beach
clients using service at least 1 time for period January thru May 1998. Virginia Beach clients utilized
service 100 times or more for period January thru May 1998.
The City of Virginia Beach supports the Handi-Ride with more funds than the Kemps River bus, trolley and
van service combined.
VIRGINIA BEACHHANDI-RIDE HISTORY
1992
1993
1994
1995
1996
1997
1998
Passengers
30,279
31,947
35,972
38,571
41,686
50,533
58,233
City
Subsidy
$150,889
$140,667
$168,763
$236,922
$332,810
$520,898
$685,587
Sub/Trip
$ 4.98
$ 4.40
$ 4.69
$ 6.14
$ 7.98
$ 10.31
$ 11.77
Budgeted
Subs
$169,968
$157,785
$150,921
$273,683
$263,205
$357,705
$743,353
In 1992, the Federal Government was giving TRT $3.5 MILLION to cover subsidy. In 1998, the Federal
Government gave $246,000. The Americans with Disabilities Act (ADA) is a civil rights statute, not a
transportation or social service program. The ADA clearly emphasizes nondiscriminatory access to thefixed
route service, with complementary paratransit acting as a "safety net" for people who cannot use the fixed
route system. Under the ADA, the complementary paratransit system is not intended to be a comprehensive
system of transportation for individuals with disabilities. The ADA is simply to provide individuals with
disabilities the same mass transportation service opportunities everyone else gets, whether they be good,
bad or mediocre.
The problem facing TTDC is how to manage the increased demand forHandi-Ride and maintain a balanced
transportation program in South Hampton Roads, but in particular Virginia Beach. At the time of the
report, approximately $340,000 of the FY 1998 subsidy was utilized for non ADA trips. The milage is in
the non ADA trips.
Mr. Carlson advised when the Federal Government eliminated operating assistance, they eliminated the
deficit portion completely; however, the Federal Government stated since they bought all the equipment, TRT
could capitalize up to 80% of the cost of the maintenance. $7.8 -MILLION is received for capital. This year
$3.9 -MILLION is being taken and capitalizing 70% of the maintenance costs. In Handi-Ride, there is not
very much maintenance. The maintenance goes into the high cost of the buses; therefore, the assistance for
Handi-Ride is not as much as in transit.
Mr Castellow requested the City Council convey their concerns, as TRT will be moving forward with the
recommendations and be keeping City Council apprised.
November 24, 1998
-4 -
CITY MANAGER'S PRESENTATION
LYNNHAVEN WATERSHED STUDY - CORPS OF ENGINEERS
3:20 P.M.
ITEM # 44295
Clay Bernick, Department of Planning, with the utilization of slides, presented information relative the
Environmental Restoration Study of the Lynnhaven Watershed by the Corps of Engineers. The
Lynnhaven Watershed is located in the northeastern corner of the City and covers approximately 64 square
miles or 21 percent of the City. The Basin is home to approximately 200,000 persons or 47 percent of the
City's population. The Basin provides major inland waterway recreational opportunities in the City. It is
historically known as a world class natural resource area; famous for oysters. It was home to most of the
early settlement in the City. The Basin is rich in history with a high scenic value. It has the highest value
residential waterfront real estate in the City.
Mr. Bernick itemized the types of problems experienced in the Basin:
Loss of Shellfish industry
Decline in finfish
Degradation of water quality
Decline in submerged aquatic vegetation
Shoreline erosion
Wetlands losses and degradation
Water use conflicts
Navigation
Habitat Loss
THE STUDY PROCESS
Similar to Corps Elizabeth River Restoration Study
Study undertaken by the U.S. Army Corps of Engineers with assistance and
input from local sponsors
Local sponsors are not limited to local government; can and often include
state or private entities which have an interest in the basin, or can lend
expertise to the study process.
Examples could include: Department ofEnvironmental Quality, U.S. Navy
Department of Conservation and Recreation, Hampton Roads Planning
District Commission, Virginia Dare Soil and Water Conservation District.
Study consists of three phases: Reconnaissance Study, Feasibility Study,
Construction.
PHASE ONE: RECONNAISSANCE STUDY
Thorough evaluation of Environmental Restoration Alternatives
100% Federal Funding
One Year Duration Maximum
Prioritize Recommendations for further investigation
Valuable regardless if a decision is made to proceed with next phases of
study, for it can form a basis of inventory and future action by the City.
Does not obligate City to commit to future phases.
Requires letter requesting Corps initiate study.
Study authorized by Congress in May 1998; actual study would not begin
until March 2000 with Federal Fiscal Year 2000 Budget
November 24, 1998
- 5 -
CITY MANAGER'S PRESENTATION
LYNNHAVEN WATERSHED STUDY - CORPS OF ENGINEERS
ITEM # 44295 (Continued)
PHASE TWO: FEASIBILITY STUDY
50% Federal Funding
50% Local Sponsor Funding
Two to Three Years Duration
Develop Specific Details on how to commence with implementation.
Design of restoration products
Permitting
Engineering
Construction Plans
Scheduling
Project Specifications
PHASE THREE: CONSTRUCTION
50% Federal Funding
50% Local Sponsor Funding
Two to three yeas duration
Project Management
Mr. Bernick advised there are strong possibilities of developing a package working with some of the State
agencies, so the City is not the sole local sponsor. By the time the second phase is reached and a decision
is forthcoming, a number of other State agencies could be in partnership with the City.
BY CONSENSUS, City Council authorized the City Manager to direct the Army Corps of Engineers to move
forward with PHASE ONE: RECONNAISSANCE STUDY (Lynnhaven Watershed).
November 24, 1998
-6 -
AGENDA REVIEW SESSION
3:38 P.M.
ITEM # 44296
L2. Ordinance to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City of its
contract obligations (DISTRICT 7 - PRINCESS ANNE):
a. Roy D. Flanagan - 34.20 Acres - $188,288.
Installment Purchase Agreement No.1998-23
Council Lady McClanan will vote NAY on this item.
ITEM # 44297
1.7. Ordinance to award a lease of City property to NEXTEL
COMMUNICATIONS at 1848 Pleasant Ridge Road for
construction, maintenance and operation of wireless
telecommunication facilities (DISTRICT 7- PRINCESSANNE).
Assistant City Attorney William Macali requested INDEFINITE DEFERRAL as the applicant has not
completed the requirements.
ITEM # 44298
J.1. Resolution to express concurrence with the Sheriff's phase-in of
the use of white Sheriffs' marked vehicles.
The City Manager advised Council Lady Eure, in the past State Code required all Sheriffs' Office vehicles
to be brown in color. This requirement has posed problems for sheriffs across the Commonwealth. Factory
brown is seldom available. The General Assembly amended State Code Section 15.2-1610 to allow Sheriff's
Offices, with the concurrence of the local governing body, to use white vehicles. Relative Council Lady
McClanan's concern, Sheriff's Chief Deputy Lanteign advised this will be a phase-in of all the vehicles as
they are purchased. Relative the size of the vehicles, they will be all Taurus type vehicles. The nine black
vehicles purchased last year will all go to the DARE program. There are 16 civil process vehicles, 9 DARE
vehicles and approximately 10 transportation vehicles.
ITEM # 44299
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
I.1. Ordinance to declare as EXCESS PROPERTY a 7.4 acre parcel
(acquired for Lake Gaston) in Jarratt, Virginia, and authorize
the City Manager to convey the parcel to the Town of Jarratt via
a Quitclaim Deed.
1.2. Ordinance to authorize the acquisition of Agricultural Land
Preservation Easements (ARP) and the issuance by the City ofits
contract obligations (DISTRICT 7 - PRINCESSANNE):
a. Roy D. Flanagan - 34.20 Acres - $188,288.
Installment Purchase Agreement No.1998-23
1.3. Ordinance to AMEND the City Code, ADDING Article VI to
Chapter 5 (Sections 5-95 through 5-103) re protection of wild
horses.
November 24, 1998
-7 -
AGENDA REVIEW SESSION
ITEM # 44299 (Continued)
1.4. Ordinance to ACCEPT and APPROPRIATE a $528,432 Grant
from the Virginia Tourism Corporation to the FY 1998-1999
Operating Budget of the Department of Convention and Visitor
Development re advertising tourist related activities; and,
estimated revenue from the Commonwealth be increased
accordingly.
I.S. Ordinance to ACCEPT and APPROPRIATE $385,076 from the
Commonwealth of Virginia re performance-based pay increases,
salaries and operating expenses for nine (9) additional deputy
positions; TRANSFER $42, 429 from the General Fund Reserve
Contingencies for Grant Matches re City match for the
additional deputy positions; APPROPRIATE $20,975 in fund
balance from the Inmate Telephone Fund to the FY 1998-1999
Operating Budget of the Sheriff's Department re an additional
Account Clerk I; and estimated revenuefrom the Commonwealth
be increased accordingly.
1.6. Ordinance to ACCEPT and APPROPRIATE a $35,000 Grant
from the Commonwealth of Virginia Department of Criminal
Justice Services to the FY 1998-1999 Operating Budget of the
Virginia Beach Parks and Recreation Department re needs
assessment of the Virginia Beach Juvenile Justice System.
1.7. Ordinance to award a lease of City property to NEXTEL
COMMUNICATIONS at 1848 Pleasant Ridge Road for
construction, maintenance and operation of wireless
telecommunication facilities (DISTRICT 7 - PRINCESSANNE).
I.B. License Refunds - $2,289.23
RESOLUTIONS
J.1. Resolution to express concurrence with the Sheriff's phase-in of
the use of white Sheriffs' marked vehicles.
J.2. Resolution to confirm the appointment of re Carol E. Summers
as Assistant City Attorney, effective November 23, 1998.
*Council Lady McClanan will vote a VERBAL NAY on Item 12.
Item 1.7 will be DEFERRED INDEFINITELY, BY CONSENT
November 24, 1998
8
AGENDA REVIEW SESSION
ITEM # 44300
K3. Application of ASSOCIATION FOR RESEARCH &
ENLIGHTENMENT, INC., for an enlargement of the
nonconforming existing use at the Northwest corner of Atlantic
Avenue, 67" Street and Seashore State Park to enlarge existing
facilities (LYNNHAVEN- DISTRICT 5)
Councilman Harrison distributed information from the Planning Staff, which was not included in the City
Council 's Agenda. The staff wished to fully review the new plan and is recommending approval subject to
the conditions. This item will be discussed during the Formal Session.
ITEM # 44301
K4 Applications of BAYVILLE FARMS ASSOCIATES, L.C.
(DISTRICT 4 - BAYSIDE):
a. Declare as EXCESS PROPERTY a 50' strip of First Court
Road; and, authorize the City Manager to convey the parcel to
Bayville Farms Associates, L.C. by Quitclaim Deed.
b. For the discontinuance. closure and abandonment of a portion
of First Court Road beginning at the Southern boundary of
Shore Drive and running in a Southwesterly direction a distance
of 1165.07 feet, containing 1.42 acres.
Council Lady Parker expressed concern relative the triangular parcel where First Court Road is to be
closed and does it have the same visual easement across it? Robert Scott, Director of Planning, advised,
as memory serves it does but not the parcel related to Taste Unlimited.
ITEM # 44302
K.5. Application of ACTORS AND ENTERTAINERS, INC., for a
Conditional Use Permit for a private club on the East side of
Newtown Road, 250 feet more or less North of Virginia Beach
Boulevard (470 Newtown Road), containing 1.305 acres
(DISTRICT 2 - KEMPSVILLE).
Vice Mayor Sessoms referenced the applicant has requested WITHDRAWAL. Mayor Oberndorf advised
receipt of a very nice letter from residents of Lake Edward.
ITEM # 44303
K7. Application of MR. and MRS. PHILIP WAYNE MURDEN,
JR., for a Conditional Use Permit for an alternative residential
development (to subdivide property into three (3) lots) at the
Northwest corner of West Neck Road and Princess Anne Road
(4164 West Neck Road), containing 23.283 acres (DISTRICT 7
-PRINCESS ANNE).
Council Lady Henley requested the record be corrected under Zoning Ordinance Provisions: This section
allows approval of density up to one dwelling unit per five acres on Type 1
soils..."
Council Lady Henley advised the applicants are not immediate family, but distant cousins.
November 24, 1998
-9 -
AGENDA REVIEW SESSION
ITEM # 44304
K.B. Application of BETTY L. CROSS for a Conditional Use Permit
for a residential kennel (to increase the number of adult dogs) on
the East side of Bethune Drive, South of the intersection with Lee
Highlands Boulevard (625 Bethune Drive), containing 8800
square feet (DISTRICT 3 - ROSE HALL).
This item will be discussed during the FORMAL SESSION.
Council Lady McClanan requested this item be MOVED FORWARD prior to the application for the
ASSOCIATOIN FOR RESEARCH AND ENLIGHTMENT, INC.
ITEM # 44305
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
K.1. MODIFICATION OF CONDITIONS to the November 25,
1997, approved application of JOE MONDS, JR. for a
Conditional Use Permit for an alternative rural residential
development to relocate certain lots fromfronting on Blackwater
Loop at the Northwest intersection of Blackwater Road,
containing 34.36 acres (DISTRICT 7 - PRINCESS ANNE).
K2. MODIFICATION OF CONDITIONS to the March 26, 1990,
approved application of H. ERNEST & LEONTINE BROWN
for a Change of Zoning District Classification from R-20 to B -1A
to FFASSOCIATES to construct an expansion to the existing
Veterinary Clinic at 2209 Princess Anne Road, containing
34,848 square feet (DISTRICT 7 - PRINCESS ANNE).
K4. Applications of BAYVILLE FARMS ASSOCIATES, L.C.
(DISTRICT 4 - BAYSIDE):
a Declare as EXCESS PROPERTY a 50' strip of First Court
Road; and, authorize the City Manager to convey the parcel to
Bayville Farms Associates, L.C. by Quitclaim Deed.
b. For the discontinuance. closure and abandonment of a portion
of First Court Road beginning at the Southern boundary of
Shore Drive and running in a Southwesterly direction a distance
of 1165.07 feet, containing 1.42 acres.
K.S. Application of ACTORS AND ENTERTAINERS, INC, for a
Conditional Use Permit for a private club on the East side of
Newtown Road, 250 feet more or less North of Virginia Beach
Boulevard (470 Newtown Road), containing 1.305 acres
(DISTRICT 2 - KEMPSVILLE).
K6. Application of OCEAN LAKES CHURCH OF GOD for a
Conditional Use Permit for a church and day care facility on the
North side of Dam Neck Road beginning at a point 400 feet more
or less West of Gallery Avenue, containing 2.32 acres
(DISTRICT 6 - BEACH).
November 24, 1998
-10 -
AGENDA REVIEW SESSION
ITEM # 44305 (Continued)
K7 MR. and MRS. PHILIP WAYNE MURDEN, JR., for a
Conditional Use Permit for an alternative residential
development (to subdivide property into three (3) lots) at the
Northwest corner of West Neck Road and Princess Anne Road
(4164 West Neck Road), containing 23.283 acres (DISTRICT 7
-PRINCESS ANNE).
K9. Application of NICK & CATHYANN PULIZZI for a Change of
Zoning District Classification from B -1A Limited Community
Business District to R-20 Residential District at the Southwest
intersection of Dam Neck Road and Bold Ruler Drive (615 Dam
Neck Road), containing 1.66 acres (DISTRICT 7 - PRINCESS
ANNE).
Vice Mayor Sessoms will ABSTAIN on Item V.K.2.
Item V -K5. will be WITHDRAWN, BY CONSENT.
November 24, 1998
CITY COUNCIL COMENTS
3:50 P.M.
ITEM # 44307
Mayor Oberndorf referenced a fax from the Citizens Action Coalition signed by their President - Robert
Dean. Mr. Dean was very complimentary to Council Lady Henley and wished her to reconsider her
resignation from TRT.
ITEM # 44308
Vice Mayor Sessoms referenced the correspondence from Delegate Bob McDonnell with reference to the
Juvenile Detention Center. Vice Mayor Sessoms believes a message is being sent from the Legislators and
the Judges requesting a larger facility. Delegate McDonnell believed he could raise the $104, 000. Vice
Mayor Sessoms recommended City Staff discuss same with the Legislators to determine size and funding
mechanism.
The City Manager's staff willprovide information relative the effect on the operating expenses (particularly
the City's share), if the size ofthefacility is increased and ageographical breakdown ofthe bed distribution.
ITEM # 44309
Mayor Oberndorfreferenced the City Council Work Session ofDecember 15, 1998, and inquired ifit would
be agreeable to City Council ifDean Block, Director - Management Services, could present the FIVE YEAR
ECONOMIC PROJECTION with the Virginia Beach School Board in attendance. BY CONSENSUS, City
Council concurred.
ITEM # 44310
Mayor Oberndorf referenced Mayor Ward of Chesapeake had just returned from an 18 -day trip to Brazil.
He was in the Amazon Forest . Mayor Oberndorfadvised Mayor Ward she had requested the City Manager
contact John L. Pazour, Chesapeake City Manger, and prepare a selection of dates and an agenda
concerning the Southeastern Parkway and Greenbelt. Mayor Ward will have Delores Moore, City Clerk of
Chesapeake, contact Ruth Hodges Smith, City Clerk of Virginia Beach, concerning these proposed dates.
Mayor Oberndorf requested the meeting be after the Holidays.
ITEM # 44311
Mayor Oberndorf advised the SALEM HIGH SCHOOL GIRLS' VOLLEYBALL TEAM were the Triple
A State Champions and sent home a Victory Volley Ball. Cox High School also took part in the
Championships and did very well.
Council Lady Eure referenced the Old Dominion University Field Hockey National Champions and the ODU
Monarchs Basketball Team went from 15'h to 9€h Place.
ITEM # 44312
Mayor Oberndorf advised, while she was in New York meeting with potential businesses, Virginia Power
had a consultant speak relative incentives of prospective businesses. Relative the State of Virginia, there is
a perception that the public education system is weak. The Mayor suggested Virginia Beach is going to
have to work extremely hard to make sure that our educational system stays above average as an incentive
to locate new businesses in Virginia Beach.
November 24, 1998
-12 -
ITEM # 44313
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, November 24, 1998, at
4:00 P.M
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
November 24, 1998
- 13 -
ITEM # 44314
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Boards and Commissions:
Community Services Board
Francis Land House Board of Governors
Historical Review Board
Tidewater Transportation District Commission
Parks and Recreation Commission
PUBLICLY -HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly -held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To -Wit: Agricultural Reserve Program - Princess Anne District
Property Disposition - Bendix Road
Encroachment - Hurricane Protection Project
Lease: Unclaimed Freight Property
LEGAL MATTERS: Consultation with legal counsel or 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 Section 2.1-344(A)(7).
To -Wit: Brendhan Harris v. City of Virginia Beach
Upon motion by Councilman Heischober, seconded by Vice Mayor Sessoms, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A.
M. "Don" Weeks
Council Members Voting Nay:
William W. Harrison, Jr.
Council Members Absent:
None
November 24, 1998
-14 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 24, 1998
6:00 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, October 27, 1998 at 6:00 P.M.
Council Members Present:
Linwood O. Branch, Ill, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
INVOCATION:: Reverend Andrew J. MacBeth
Eastern Shore Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest'; as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank, with the exception of Item K2. (H. ERNST & LEONTINE BROWN/ F F
ASSOCIATES). The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest
in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is
hereby made a part of the record.
November 24, 1998
-15 -
Item V -E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 44315
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
J&nwtutiun
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 44314, Page 13, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
h Hodges
h Smith, CMC/AAE
City Clerk November 24, 1998
Item V -F.1.
MINUTES
-16-
ITEM # 44316
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of November 10, 1998.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED as he was not in attendance during the City Council Session of
November 10, 1998.
November 24, 1998
-17-
V -G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 44317
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 24, 1998
-18 -
Item V -H.1.
PUBLIC HEARING ITEM # 44318
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY REAL ESTATE PROPERTY - GREENVILLE COUNTY (Lake Gaston)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 24, 1998
Item V -H.2.
PUBLIC HEARING
- 19 -
ITEM # 44319
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AGRICULTURAL PRESERVATION PROGRAM (ARP) (District 7 - Princess Anne)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 24, 1998
-20 -
Item V -I.
ORDINANCES/RESOLUTION ITEM # 44320
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED IN
ONE MOTION, Ordinances 1, 2, 3, 4, 5, 6, 7 (INDEFINITE DEFERRAL), 8 and Resolutionl and 2.
Item 1.7 (NEXTEL) was DEFERRED INDEFINITELY, BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on item 1.2.
November 24, 1998
-21 -
Item V -I.1.
ORDINANCES/RESOLUTIONS ITEM # 44321
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to declare as EXCESS PROPERTY a 7.4 acre parcel
(acquired for Lake Gaston) in Jarratt, Virginia, and authorize the City
Manager to convey the parcel to the Town of Jarratt via a Quitclaim
Deed.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, MayorMeyeraE. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE DECLARING PROPERTY IN
2 GREENSVILLE COUNTY, VIRGINIA TO BE
3 EXCESS PROPERTY AND AUTHORIZING THE
4 CITY MANAGER TO DISPOSE OF SAME
5
6
7 WHEREAS, the City of Virginia Beach acquired property
8 adjacent to the Town of Jarratt in Greensville County, Virginia in
9 May, 1989 in connection with the City's Lake Gaston Water Supply
10 Project by deed recorded in the Clerk's Office of the Circuit Court
11 of Greensville County, Virginia in Deed Book 171 at page 463
12 described in Exhibit A attached hereto (hereafter "the Property");
13 and
14 WHEREAS, since the Property is not needed for the Lake
15 Gaston Water Supply Project, the City Council is of the opinion
16 that the Property is in excess of the needs of the City of Virginia
17 Beach;
18 WHEREAS, City staff recommends that the City donate this
19 Property to the Town of Jarratt, Virginia.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 1. That the property is hereby declared to be in excess
23 of the needs of the City of Virginia Beach and that the City
24 Manager is hereby authorized to execute the attached Quitclaim Deed
25 and convey the Property to the Town of Jarratt, Virginia.
26 2. This Ordinance shall be effective from the date of
27 its adoption.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the
24 day of November , 1998.
31 CA -6742
32 ORDIN\NONCODE\CA6742.ORD
33 R-3
34 PREPARED: 2/23/98
35 7/10/98
36 7/24/98
37
38
39
40
41
42
4t-i!....-APPR ED AS TO CO + NT:
Ov'�iG�f i
Public Utilities
APPROVED AS TO LEGAL
SUFFICIENCY:
43 Depar ent of Law
2
THIS DEED OF VACATION AND QUITCLAIM, made this day of
, 1998, by and between the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, "Grantor," party of the first part, and the TOWN OF
JARRATT, VIRGINIA, "Grantee," party of the second part.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt of which are hereby acknowledged, the party of the
first part hereby releases, conveys and QUITCLAIMS unto the party of the second part its right,
title and interest, if any, in the following described property:
All that certain lot, piece or parcel of land situate in the Town of
Jarratt in Greensville County, Virginia, and designated and
described as "A PORTION OF PARCEL 140-B PROPERTY OF
VIRGINIA BEACH, VIRGINIA AREA OF PARCEL = 322,963
SQ. FT. 7.414 ACRES" as shown on that certain plat entitled:
"PLAT SHOWING A PORTION OF PARCEL 140-B
PROPERTY OF THE CITY OF VIRGINIA BEACH, VIRGINIA
TOWN OF JARRATT - GREENSVILLE COUNTY, VIRGINIA
SCALE: 1" = 100' JUNE 16, 1997 (REVISED JULY 30, 1997)
(REVISED OCTOBER 14, 1997)" prepared by Rouse - Sirine
Associates, Ltd., duly recorded in the Clerk's Office of the Circuit
Court of Greensville County, Virginia , in Map Book , at
page
IT BEING a part of the same property conveyed to Grantor by
deed, dated May 1, 1989, from Norfolk and Western Railway
Company, a Virginia corporation, and recorded in the Clerk's
Office of the Circuit Court of Greensville County, Virginia, in
Deed Book 171, at page 463.
This conveyance is made subject to conditions, restrictions, easements, and
reservations of record in the chain of title, if any, constituting constructive notice thereof.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
APPROVED AS TO FORM
to1(I %lam t
CITY ATTORNEY
3//b/ 99
BY
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
1998, by , City Manager/Authorized Designee of The City Manager, on behalf of
the City of Virginia Beach, Virginia.
My commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
1998, by RUTH HODGES SMITH, City Clerk, on behalf of the City of Virginia Beach, Virginia.
My commission expires:
Notary Public
APPROVED AS TO FORM
TOWN ATT RNEY
2
EXHIBIT A
All that certain lot, piece or parcel of land situate in the
Town of Jarratt in Greensville County, Virginia, and designated and
described as "A PORTION OF PARCEL 140-B PROPERTY OF VIRGINIA BEACH,
VIRGINIA AREA OF PARCEL = 322,963 SQ. FT. 7.414 ACRES" as shown
on that certain plat entitled: "PLAT SHOWING A PORTION OF PARCEL
140-B PROPERTY OF THE CITY OF VIRGINIA BEACH, VIRGINIA TOWN OF
JARRATT - GREENSVILLE COUNTY, VIRGINIA SCALE: 1" = 100' JUNE 16,
1997 (REVISED JULY 30, 1997) (REVISED OCTOBER 14, 1997)" prepared
by Rouse - Sirine Associates, Ltd., which plat is on file in the
Department of Public Utilities of the City of Virginia Beach and
which will be recorded along with the Quitclaim Deed.
IT BEING a part of the same property conveyed to Grantor by
deed, dated May 1, 1989, from Norfolk and Western Railway Company,
a Virginia corporation, and recorded in the Clerk's Office of the
Circuit Court of Greensville County, Virginia, in Deed Book 171, at
page 463.
- 22 -
Item V -I.2
ORDINANCES/RESOLUTIONS ITEM # 44322
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to authorize the acquisition ofAgricultural Land Preservation
Easements (ARP) and the issuance by the City of its contract obligations
(DISTRICT 7 - PRINCESS ANNE):
Roy D. Flanagan - 34.20 Acres - $188,288.
Installment Purchase Agreement No.1998-23
Voting: 10-1 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera
E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr.
and A. M. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $188,288
6 WHEREAS, pursuant to the Agricultural Lands Preservation
7 Ordinance (the "Ordinance"), Appendix J of the Code of the
8 City of Virginia Beach, there has been presented to the City
9 Council for approval an Installment Purchase Agreement for the
10 acquisition of the Development Rights (as defined in the
11 Installment Purchase Agreement, a true copy of which is hereto
12 affixed) on certain property located in the City and more
13 fully described in Exhibit B of the Installment Purchase
14 Agreement for a purchase price of $188,288; and
15 WHEREAS, the aforesaid Development Rights shall be
16 acquired through the acquisition of a perpetual agricultural
17 land preservation easement, as defined in, and in compliance
18 with, the requirements of the Ordinance; and
19 WHEREAS, the City Council has reviewed the proposed terms
20 and conditions of the purchase as evidenced by the Installment
21 Purchase Agreement;
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
23 CITY OF VIRGINIA BEACH, VIRGINIA:
24 1. The City Council hereby determines and finds that
25 the proposed terms and conditions of the purchase of the
26 Development Rights pursuant to the Installment Purchase
27 Agreement, including the purchase price and manner of payment,
28 are fair and reasonable and in furtherance of the purposes of
29 the Ordinance, and the City Manager is hereby authorized to
30 approve, upon or before the execution and delivery of the
31 Installment Purchase Agreement, the rate of interest to accrue
32 on the unpaid principal balance of the purchase price set
33 forth hereinabove as the greater of 5.0% per annum or the per
34 annum rate which is equal to the yield on United States
35 Treasury STRIPS purchased by the City to fund such unpaid
36 principal balance; provided, however, that -such rate of
37 interest shall not exceed 6.50% unless the approval of the
38 City Council by resolution duly adopted is first obtained.
39 2. The City Council hereby further determines that
40 funding is available for the acquisition of the Development
41 Rights pursuant to the Installment Purchase Agreement on the
42 terms and conditions set forth therein.
43 3. The City Council hereby expressly approves the
44 Installment Purchase Agreement in the form and substance
45 presented at this meeting and, subject to the determination of
46 the City Attorney that there are no defects in title to the
47 property or other restrictions or encumbrances thereon which
48 may, in the opinion of the City Attorney, adversely affect the
49 City's interests, authorizes the City Manager to execute and
50 deliver the Installment Purchase Agreement in substantially
51 the same form and substance as presented at this meeting with
52 such minor modifications, insertions, completions or omissions
53 which do not materially alter the purchase price or manner of
54 payment, as the City Manager shall approve. The City Council
55 further directs the City Clerk to affix the seal of the City
56 to, and attest same on, the Installment Purchase Agreement.
57 The City Council expressly authorizes the incurrence of the
58 indebtedness represented by the issuance and delivery of the
59 Installment Purchase Agreement.
60 4. The City Council hereby elects to issue the
61 indebtedness under the Charter of the City rather than
62 pursuant to the Public Finance Act of 1991 and hereby
63 constitutes the indebtedness a contractual obligation bearing
64 the full faith and credit of the City.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on this 24 day of November , 19.
67
68
69
Adoption requires an affirmative vote of a majority of
all members of the City Council.
70 CA -98-7175
71 wmm\arp\purchase\flanagan\acquis.orn
72 R-1
73 October 13, 1998
74
75
76
77
78
APPROVED AS TO CONTENT:
e
griculture Department
APPROVED AS TO LEGAL
SUFFICIENCY:
hilqLaw Department
79 CERTIFIED AS TO AVAILABILITY OF FUNDS:
80
81 Director of Finance
ROY D. FLANAGAN
the "Seller"
and
CITY OF VIRGINIA BEACH, VIRGINIA
the "City"
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1998-23)
TABLE OF CONTENTS
(This Table of Contents is not part of the Installment Purchase Agreement and is only for
convenience of reference)
Section Page
RECITALS 1
AGREEMENTS 1
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions 1
SECTION 1.2 Rules of Construction 4
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Development Rights 4
SECTION 2.2 Delivery of Deed of Easement 4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1 Payment of Purchase Price 5
SECTION 3.2 Registration and Transfer of this Agreement 5
SECTION 3.3 Mutilated, Lost, Stolen or Destroyed Agreement 7
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1 Representations and Warranties of the City 7
SECTION 4.2 Representations and Warranties of the Seller 8
ii
Section Page
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City 9
SECTION 5.2 Acknowledgment of Seller with Regard to Tax
Consequences of Transaction 9
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Appointment of Registrar 9
SECTION 6.2 Ownership of Agreement 9
SECTION 6.3 Removal of Registrar and Appointment of
Successor Registrar 10
SECTION 6.4 Qualifications of Successor Registrar 10
SECTION 6.5 Successor by Merger or Consolidation 10
ARTICLE 7
MISCELLANEOUS
SECTION 7.1 Successors of City 10
SECTION 7.2 Parties in Interest 10
SECTION 7.3 Binding Effect 11
SECTION 7.4 Severability 11
SECTION 7.5 Prior Agreements Cancelled; No Merger 11
SECTION 7.6 Amendments, Changes and Modifications 11
SECTION 7.7 No Personal Liability of City Officials 11
SECTION 7.8 Governing Law 11
SECTION 7.9 Notices 11
SECTION 7.10 Holidays 12
Signatures and Seals 12
EXHIBIT A -
EXHIBIT B -
EXHIBIT C -
EXHIBIT D -
EXHIBIT E -
Form of Deed of Easement
Description of Land
Permitted Encumbrances
Form of Assignment
Transfer of Agreement - Schedule of Transferees
iii
INSTALLMENT PURCHASE AGREEMENT
(Agreement No. 1998-23)
THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") is made as
of the day of , 199_ between ROY D. FLANAGAN (the "Seller") and CITY
OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the Commonwealth of
Virginia (the "City").
RECITALS
A. Pursuant to the authority granted by the Open -Space Land Act, Chapter 17,
Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City adopted the
Ordinance (hereinafter defined in Section 1.1) to promote and encourage the preservation of
agricultural land in designated areas within the southern portion of the City.
B. In furtherance of the purposes of the Act and the Ordinance, the City has
established the Agricultural Reserve Program of the City which provides for the acquisition
of Development Rights (hereinafter defined in Section 1.1) through the purchase of
agricultural land preservation easements with respect to property located in the portions of
the City covered by the Ordinance.
C. The Seller is the owner in fee simple of Land (hereinafter defined in
Section 1.1) which is located in that portion of the City subject to the Ordinance and meets
the eligibility criteria of Section 7 of the Ordinance.
D. The Seller has agreed to sell, and the City has agreed to purchase, Seller's
Development Rights in the Land on and subject to the terms and conditions hereinafter set
forth.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
and agreements hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency whereof are hereby acknowledged, the Seller and the City hereby
agree as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1 Definitions. As used in this Agreement, the following terms have the
following meanings, unless the context clearly indicates a different meaning:
1
"Agricultural Use" means (i) the bona fide production of crops, animal or fowl,
including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry
and dairy products, the raising of livestock and poultry, and the production and harvest of
products from horticultural, silvicultural or aquacultural activity, (ii) the repair, expansion
or replacement of no more than one (1) bona fide dwelling occupied by the landowner or
tenant as of the date of application for entry in the Agricultural Reserve Program and no
more than one freestanding mobile home, as permitted by Section 19-19 of the Virginia
Beach City Code, and (iii) accessory uses directly related to agricultural activities conducted
on the same property, including the sale of agricultural products as permitted by Section 401
of the Virginia Beach City Zoning Ordinance. The term does not include the processing of
agricultural, silvicultural, horticultural or aquacultural products, except as an accessory use.
"Business Day" or "business day" means a day on which (a) banks located in the City
and in the city in which the principal office of the Registrar is located are not required or
authorized by law or executive order to close for business, and (b) The New York Stock
Exchange is not closed.
"City" means the City of Virginia Beach, Virginia, a body politic and corporate and
a political subdivision created and existing under and by virtue of the Constitution and laws
of the State, its successors and assigns.
"City Council" means the Council of the City.
"City Manager" means the City Manager of the City.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to
the Code herein shall be deemed to include the United States Treasury Regulations in effect
or proposed from time to time with respect thereto.
"Deed of Easement" means the Deed of Easement of even date herewith from the
Seller to the City, which shall convey the Development Rights to the City in perpetuity. The
Deed of Easement shall be substantially in the form attached hereto as Exhibit A and made
a part hereof.
"Development Rights" mean the rights of the Seller in the Land to develop the Land
for any use other than an Agricultural Use. Development Rights shall include, but not be
limited to, the right to develop the Land for any commercial, industrial or residential use
except as expressly permitted by the Ordinance.
"Enabling Legislation" means, collectively, (1) the Open Space Land Act, Chapter 17
of Title 10.1 of the Code of Virginia of 1950, as amended, and (2) the Ordinance.
2
"Estate Settlement Transfer" means the transfer by the legal representative of the
estate of a deceased Seller of such Seller's rights in and to this Agreement in connection with
the distribution of the deceased Seller's estate or other settlement of such decedent Seller's
estate.
"Interest Payment Date" means June 1 and December 1 in each year, commencing
, 199_.
"Land" means the tract or tracts of land located in Virginia Beach, Virginia,
containing approximately 34.20 acres, and more particularly described in Exhibit B attached
hereto and made a part hereof.
"Ordinance" means the Agricultural Lands Preservation Ordinance adopted by the
City Council on May 9, 1995, as Appendix J to the City Code, as the same may be amended
or modified from time to time.
"Permitted Encumbrances" mean the encumbrances listed on Exhibit C attached
hereto and made a part hereof and any encumbrances on or with respect to the Land or any
portion thereof hereafter approved, in writing, by the City.
"Person" or "person" means any natural person, firm, association, corporation,
company, trust, partnership, public body or other entity.
"Purchase Price" means $188,288, the purchase price to be paid by the City to the
Registered Owner in accordance with this Agreement.
"Record Date" means the fifteenth (15th) day (whether or not a Business Day) of the
calendar month immediately preceding each Interest Payment Date and the principal
payment date.
"Registered Owner" means the registered owner of this Agreement as shown on the
registration books maintained by the Registrar.
"Registrar" means First Union National Bank or any other person hereafter appointed
by the City to act as Registrar and paying agent for this Agreement.
"Seller" means Roy D. Flanagan.
"State" means the Commonwealth of Virginia.
3
SECTION 1.2 Rules of Construction.
(a) The words "hereof," "herein," "hereunder," "hereto," and other words
of similar import refer to this Agreement in its entirety.
(b) The teens "agree" and "agreements" contained herein are intended to
include and mean "covenant" and "covenants."
(c) References to Articles, Sections, and other subdivisions of this
Agreement are to the designated Articles, Sections, and other subdivisions of this
Agreement.
(d) The headings of this Agreement are for convenience only and shall
not define or limit the provisions hereof.
(e) All references made (i) in the neuter, masculine or feminine gender
shall be deemed to have been made in all such genders, and (ii) in the singular or plural
number shall be deemed to have been made, respectively, in the plural or singular number
as well.
ARTICLE 2
SALE AND PURCHASE OF DEVELOPMENT RIGHTS
SECTION 2.1 Agreement to Sell and Purchase Development Rights. The Seller
agrees to sell the Development Rights in the Land to the City and the City agrees to purchase
the Development Rights in the Land from the Seller on the date hereof for the Purchase
Price.
SECTION 2.2 Delivery of Deed of Easement. In order to evidence the sale of the
Development Rights to the City, the Seller shall execute and deliver to the City on the date
hereof the Deed of Easement in the form attached hereto as Exhibit A and made a part
hereof. The Deed of Easement shall be recorded in the Clerk's Office of the Circuit Court
of the City.
4
ARTICLE 3
PAYMENT OF PURCHASE PRICE
SECTION 3.1 Payment of Purchase Price.
(a) The City shall pay the principal portion of the Purchase Price to the
Registered Owner in a single installment on , 202 [25 -year maturity
date]. The Purchase Price is $188,288.
(b) Interest on the unpaid principal balance of the Purchase Price shall
accrue from the date of recordation of the Deed of Easement and shall be payable to the
Registered Owner on , 199_, and semiannually thereafter on June 1 and
December 1 in each year to and including , 202_, at the rate of % per
annum. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months.
(c) Both the single installment of principal of the Purchase Price and the
interest on the unpaid balance thereof are payable in lawful money of the United States of
America at the time of payment.
(d) Payment of interest on the unpaid balance of the Purchase Price shall
be made by the City on each Interest Payment Date to the Registrar. The Registrar shall
forward all such interest payments by check or draft mailed to the person(s) appearing on the
registration books of the City maintained by the Registrar as the Registered Owner on the
Record Date, at the address of such Registered Owner as it appears on such registration
books. The single installment of principal of the Purchase Price shall be paid on the
principal payment date set forth in Subsection (a) above by the Registrar to the Registered
Owner as of the Record Date upon presentation and surrender of this Agreement at the office
of the Registrar.
(e) The City's obligation to pay the Purchase Price hereunder and to pay
interest on the unpaid balance of the Purchase Price is a general obligation of the City, and
the full faith and credit and the unlimited taxing power of the City are irrevocably pledged
to the punctual payment of the Purchase Price and the interest on the unpaid principal
balance of the Purchase Price as and when the same respectively become due and payable.
SECTION 3.2 Registration and Transfer of this Agreement.
(a) Until the Purchase Price and all interest thereon have been paid in full,
the City shall maintain and keep at the offices of the Registrar, registration books for the
registration and transfer of this Agreement; and upon presentation of this Agreement for such
purpose at the offices of the Registrar, the Registrar shall register or cause to be registered
5
on such registration books, and permit to be transferred thereon, under such reasonable
regulations as the City or the Registrar may prescribe, the ownership of this Agreement. The
Registrar, however, shall not be required to make any such registration and transfer during
the period from the Record Date to the next succeeding Interest Payment Date or final
principal payment date.
(b) Except for an Estate Settlement Transfer, this Agreement may not be
transferred by the Registered Owner prior to the expiration .of a one (1) year period from the
date this Agreement has been fully executed, delivered and become effective, and any such
attempted transfer shall be null and void. The Registrar shall be instructed not to make any
such transfers (other than an Estate Settlement Transfer) on its registration books kept for the
purpose of registering the transfer of this Agreement prior to the expiration of said one (1)
year period.
(c) The Seller is the original Registered Owner. This Agreement shall be
transferable only upon the books of the City maintained for such purpose by the Registrar,
at the written request of the Registered Owner as then shown on such registration books or
his attorney duly authorized in writing, upon presentation and surrender of this Agreement,
together with a written instrument of transfer substantially in the form attached hereto as
Exhibit D, or as may otherwise be satisfactory to and approved by the Registrar in writing,
duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the
surrender for transfer of this Agreement, the Registrar shall complete the Schedule of
Transferees attached hereto as Exhibit E with the name, address and tax identification
number of the transferee Registered Owner, and the date of the transfer; provided, however,
that if there is any conflict between the information set forth in Exhibit E hereto and the
registration books maintained by the Registrar, the information shown on such registration
books shall control.
The City and the Registrar may deem and treat the person in whose name this
Agreement is registered upon the books of the City maintained by the Registrar as the
absolute owner of this Agreement, whether any payments hereunder shall be overdue or not,
for the purpose of receiving payment of, or on account of, the Purchase Price and interest
thereon and for all other purposes, and all such payments so made to any such Registered
Owner or upon his order shall be valid and effectual to satisfy and discharge the liability
upon this Agreement to the extent of the sum or sums so paid, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
For every registration of transfer of this Agreement, the City or the Registrar may
make a charge sufficient to reimburse themselves for any tax or other governmental charge
required to be paid with respect to such exchange or transfer, which sum or sums shall be
paid by the person requesting such transfer as a condition precedent to the exercise of the
privilege of registering such transfer.
6
SECTION 3.3 Mutilated. Lost. Stolen or Destroyed Agreement. In the event that this
Agreement is mutilated, lost, stolen or destroyed, the City and the Registered Owner (as then
shown on the registration books maintained by the Registrar) shall execute and deliver a
substitute agreement having the same terms and provisions as the mutilated, lost, stolen or
destroyed Agreement; provided that, in the case of any mutilated Agreement, such mutilated
Agreement shall first be surrendered to the Registrar, and, in the case of any lost, stolen or
destroyed Agreement there shall be first furnished to the City and the Registrar evidence of
such loss, theft or destruction satisfactory to the City and the Registrar, together with
indemnity satisfactory to each of them in their sole discretion. The City and the Registrar
may charge the Registered Owner requesting such new Agreement their expenses and
reasonable fees, if any, in this connection. If after the delivery of such substitute Agreement,
a bona fide purchaser of the original Agreement (in lieu of which such substitute Agreement
was issued) presents for payment such original Agreement, the City and the Registrar shall
be entitled to recover such substitute Agreement from the person to whom it was delivered
or any other person who receives delivery thereof, except a bona fide purchaser, and shall
be entitled to recover upon the security or indemnity provided therefor or otherwise to the
extent of any loss, damage, cost or expense incurred by the City and the Registrar in
connection therewith.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
SECTION 4.1 Representations and Warranties of the City. The City makes the
following representations and warranties:
(a) The City is a body politic and corporate and a political subdivision of
the State.
(b) The City has the necessary power and authority to acquire the
Development Rights, to enter into this Agreement, to perform and observe the covenants and
agreements on its part contained in this Agreement and to carry out and consummate all
transactions contemplated hereby. By proper action, the City has duly authorized the
execution and delivery of this Agreement.
(c) This Agreement has been duly and properly authorized, executed,
sealed and delivered by the City, constitutes the valid and legally binding obligation of the
City, and is enforceable against the City in accordance with its terms.
(d) There are no proceedings pending or, to the knowledge of the City,
threatened before any court or administrative agency which may affect the authority of the
City to enter into this Agreement.
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SECTION 4.2 Repre entations and Warranties of the Seller. The Seller makes the
following representations and warranties:
(a) The Seller has full power and authority to execute and deliver this
Agreement and the Deed of Easement, and to incur and perform the obligations provided for
herein and therein. No consent or approval of any person or public authority or regulatory
body is required as a condition to the validity or enforceability of this Agreement or the Deed
of Easement, or, if required, the same has been duly obtained.
(b) This Agreement and the Deed of Easement have been duly and
properly executed by the Seller, constitute valid and legally binding obligations of the Seller,
and are fully enforceable against the Seller in accordance with their respective terms.
(c) There is no litigation or proceeding pending or, so far as the Seller
knows, threatened before any court or administrative agency which, in the opinion of the
Seller, will materially adversely affect the authority of the Seller to enter into, or the validity
or enforceability of, this Agreement or the Deed of Easement.
(d) There is (i) no provision of any existing mortgage, indenture, contract
or agreement binding on the Seller or affecting the Land, and (ii) to the knowledge of the
Seller, no provision of law or order of court binding upon the Seller or affecting the Land,
which would conflict with or in any way prevent the execution, delivery, or performance of
the terms of this Agreement or the Deed of Easement, or which would be in default or
violated as a result of such execution, delivery or performance, or for which adequate
consents, waivers or, if necessary, releases or subordinations, have not been obtained.
(e) There exist no liens, security interests or other encumbrances on or
with respect to the Land (other than Permitted Encumbrances), and at the time of execution
and delivery of the Deed of Easement there will be no liens, security interests or other
encumbrances of the Development Rights to be conveyed thereby.
(f) The Seller is not a nonresident alien of the United States of America
for purposes of federal income taxation.
(g) The Social Security Number of the Seller is 224-54-0623. The
representations in subsections (f) and (g) above are made under penalties of perjury and the
information contained therein may be disclosed by the City to the Internal Revenue Service.
The Seller acknowledges that any false statement in such subsections could be punished by
fine, imprisonment or both.
(h) To the best of the knowledge, information and belief of the Seller, the
Land has not been used for the manufacture, storage, treatment, disposal or release of any
hazardous waste or substance.
8
ARTICLE 5
PROVISIONS RELATING TO EXCLUSION
OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION
SECTION 5.1 Intent of City and Tax Covenant of City. The City intends that the
interest payable under this Agreement shall not be includable in the gross income of the
Registered Owner for purposes of federal income taxation pursuant to Section 103 of the
Code. Accordingly, the City shall not knowingly take or permit to be taken any other action
or actions or omit or fail to take any action, which would cause this Agreement to be an
"arbitrage bond" within the meaning of Section 148 of the Code, or which would otherwise
cause interest payable under this Agreement to become includable in the gross income of any
Registered Owner for purposes of federal income taxation.
SECTION 5.2 Acknowledgment of Seller with Regard to Tax Consequences of
Transaction. The Seller has received an opinion from Kaufman & Canoles, P.C., Bond
Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and
decisions, interest payable under this Agreement is not includable in the gross income of the
Seller for federal income tax purposes, which opinion assumes continuous compliance with
certain covenants in the Tax Certificate and Compliance Agreement to be executed and
delivered by the City on the date of delivery of this Agreement and is otherwise limited in
accordance with its terms. The Seller acknowledges that Seller has made Seller's own
independent investigation and has consulted with such attorneys, accountants and others as
the Seller shall have selected in the Seller's sole discretion to advise the Seller with respect
to all other tax considerations related to the transaction contemplated hereby (including, but
not limited to, installment sales treatment under Section 453 of the Code, charitable
contribution deductions under Section 170 of the Code, and federal estate tax implications);
and the Seller certifies that the Seller has not looked to or relied upon the City or any of its
officials, agents or employees, or to Bond Counsel, with respect to any of such matters.
ARTICLE 6
THE REGISTRAR
SECTION 6.1 Appointment of Registrar. First Union National Bank is hereby
designated and appointed to act as Registrar for this Agreement.
SECTION 6.2 Ownership of Agreement. The Registrar, in its individual capacity or
as trustee for holders of participation interests in this Agreement, may in good faith buy, sell,
own and hold this Agreement, and may join in any action which any Registered owner may
be entitled to take with like effect as if it did not act as Registrar hereunder. The Registrar,
in its individual capacity, either as principal or agent, may also engage, or have an interest,
9
in any financial or other transaction with the City, and may act as depository, trustee or agent
for other obligations of the City as freely as if it did not act in any capacity hereunder.
SECTION 6.3 Removal of Registrar and Appointment of Successor Registrar. The
City shall have the right, subject to the terms of any agreement with the Registrar, to remove
the Registrar any time by filing with such Registrar to be removed, and with the Registered
Owner, an instrument in writing. Notwithstanding the foregoing, such removal shall not be
effective until a successor Registrar has assumed the Registrar's duties hereunder. The City
shall have the sole right to select a successor Registrar.
SECTION 6.4 Qualifications of Successor Registrar. Any successor Registrar shall
be either (a) the Department of Finance of the City, (b) an officer or employee of the City,
or (c) a bank, trust company or other financial institution duly organized under the laws of
the United States or any state or territory thereof which is authorized by law and permitted
under the laws of the State to perform all the duties imposed upon it as Registrar by this
Agreement.
SECTION 6.5 Successor by Merger or Consolidation. If the Registrar is a bank, trust
company or other financial institution, any institution or corporation into which the Registrar
hereunder may be merged or converted or with which it may be consolidated, or any
corporation resulting from any merger or consolidation to which the Registrar hereunder
shall be a party or any institution or corporation succeeding to the corporate trust business
(if any) of the Registrar, shall be the successor Registrar under this Agreement, without the
execution or filing of any paper or any further act on the part of the parties hereto, anything
in this Agreement to the contrary notwithstanding.
ARTICLE 7
MISCELLANEOUS
SECTION 7.1 Successors of City. In the event of the dissolution of the City, all the
covenants, stipulations, promises and agreements in this Agreement contained, by or on
behalf of, or for the benefit of, the City, the Seller, any other Registered Owner and the
Registrar, shall bind or inure to the benefit of the successors of the City from time to time
and any entity, officer, board, commission, agency or instrumentality to whom or to which
any power or duty of the City shall be transferred.
SECTION 7.2 Parties in Interest. Except as herein otherwise specifically provided,
nothing in this Agreement expressed or implied is intended or shall be construed to confer
upon any person, firm or corporation, other than the City, the Seller, any other Registered
Owner and the Registrar, any right, remedy or claim under or by reason of this Agreement,
this Agreement being intended to be for the sole and exclusive benefit of the City, the Seller,
any other Registered Owner from time to time of this Agreement and the Registrar.
10
SECTION 7.3 Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the parties hereto, their respective heirs, personal representatives, successors
and assigns, including, without limitation, all Registered Owners from time to time of this
Agreement.
SECTION 7.4 Severability. In case any one or more of the provisions of this
Agreement shall, for any reason, be held to be illegal or invalid, such illegality or invalidity
shall not affect any other provisions of this Agreement and this Agreement shall be construed
and enforced as if such illegal or invalid provisions had not been contained herein or therein.
SECTION 7.5 Prior Agreements Cancelled: No Merger. This Agreement shall
completely and fully supersede all other prior agreements, both written and oral, between the
City and the Seller relating to the acquisition of the Development Rights. Neither the City
nor the Seller shall hereafter have any rights under such prior agreements but shall look
solely to this Agreement and the Deed of Easement for definitions and determination of all
of their respective rights, liabilities and responsibilities relating to the Land, the
Development Rights and the payment for the Development Rights. In addition, this
Agreement shall survive the execution and recording of the Deed of Easement in all respects
and shall not be merged therein.
SECTION 7.6 Amendments. Changes and Modifications. This Agreement may not
be amended, changed, modified, altered or terminated except by an agreement in writing
between the City and the then Registered Owner. An executed counterpart of any such
amendment shall be attached to this Agreement and shall be binding upon such Registered
Owner and all successor Registered Owners.
SECTION 7.7 No Personal Liability of City Officials. No covenant or agreement
contained in this Agreement shall be deemed to be the covenant or agreement of any official,
officer, agent or employee of the City in his or her individual capacity, and neither the
officers or employees of the City nor any official executing this Agreement shall be liable
personally on this Agreement or be subject to any personal liability or accountability by
reason of the issuance thereof.
SECTION 7.8 Governing Law. The laws of the State shall govern the construction
and enforcement of this Agreement.
SECTION 7.9 Notices. Except as otherwise provided in this Agreement, all notices,
demands, requests, consents, approvals, certificates or other communications required under
this Agreement to be in writing shall be sufficiently given and shall be deemed to have been
properly given three Business Days after the same is mailed by certified mail, postage
prepaid, return receipt requested, addressed to the person to whom any such notice, demand,
request, approval, certificate or other communication is to be given, at the address for such
person designated below:
11
City: City Manager
Municipal Center
Virginia Beach, VA 23456
with a copy to: City Attorney
Municipal Center
Virginia Beach, VA 23456
Seller: Roy D.Flanagan
1707 Princess Anne Road
Virginia Beach, Virginia 23456
Registrar: First Union National Bank
Corporate Trust/Bond Administration
7 North 8th Street
Richmond, Virginia 23219
Any of the foregoing may, by notice given hereunder to each of the others, designate any
further or different addresses to which subsequent notices, demands, requests, consents,
approvals, certificates or other communications shall be sent hereunder.
SECTION 7.10 Holidays. If the date for making any payment or the last date
for performance of any act or the exercising of any right, as provided in this Agreement, shall
not be a Business Day, such payment may, unless otherwise provided in this Agreement, be
made or act performed or right exercised on the next succeeding Business Day with the same
force and effect as if done on the nominal date provided in this Agreement, and in the case
of payment no interest shall accrue for the period after such nominal date.
WITNESS the signatures and seals of the parties hereto as of the date first above
written.
CITY:
[CITY'S SEAL] CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST: By:
James K. Spore, City Manager
City Clerk
12
SELLER:
(SEAL)
(SEAL)
Approved as to Legal Approved as to Sufficiency of
Sufficiency: Funds:
Deputy City Attorney Director, Department of Finance
COMMONWEALTH OF VIRGINIA
AT LARGE, to -wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this day of , 19, by James K. Spore, City
Manager of the City of Virginia Beach, Virginia, and attested to by
, City Clerk of the City of Virginia Beach, Virginia, on its
behalf.
(SEAL)
My Commission Expires:
13
Notary Public
COMMONWEALTH OF VIRGINIA
AT LARGE, to -wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this day of , 19 , by
Notary Public
(SEAL)
My Commission Expires:
COMMONWEALTH OF VIRGINIA
AT LARGE, to -wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this day of , 19 , by
Notary Public
(SEAL)
My Commission Expires:
14
FORM OF DEED OF EASEMENT
[SEE ATTACHED]
15
EXHIBIT A
This instrument was prepared by EXHIBIT A
Virginia Beach City Attorney's Office
Exemption Claimed: § 58.1-811(A)(3)
§ 58.1-811(C)(4)
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this # day of # , 1998,
by and between ROY D. FLANAGAN, (marital status?) (collectively, the "Grantor"),
and CITY OF VIRGINIA BEACH, VIRGINIA, a body politic and corporate of the
Commonwealth of Virginia (the "City") whose address is Municipal Center, Virginia Beach,
Virginia 23456, Grantee.
RECITALS
WHEREAS, pursuant to the authority granted by the Open -Space Land Act,
Chapter 17, Title 10.1 of the Code of Virginia of 1950, as amended (the "Act"), the City
adopted the Agricultural Lands Preservation Ordinance (the "Ordinance") as Appendix J to
the Code of the City of Virginia Beach, Virginia, as amended (the "City Code"), to promote
and encourage the preservation of agricultural land in designated areas within the southern
portion of the City; and
WHEREAS, in furtherance of the purposes of the Act and the Ordinance, the City has
established the Agricultural Reserve Program of the City which provides for the acquisition
of development rights through the purchase of agricultural land preservation easements with
respect to property located in the portions of the City covered by the Ordinance; and
WHEREAS, the Grantor is the owner in fee simple of certain agricultural real
property located in the City and more particularly described in Exhibit A hereto (the
"Land"); and
WHEREAS, the Land is located in that portion of the City subject to the Ordinance
and meets the eligibility criteria of Section 7 of the Ordinance; and
WHEREAS, the Grantor has agreed to sell to the City the Grantor's Development
Rights (hereinafter defined) in the Land by executing and delivering this Deed of Easement
and thereby restrict the use of the Land as described herein; and
GPIN 2412-19-0574
WHEREAS, the City has agreed to purchase the Grantor's Development Rights in the
Land to fulfill the policy and purposes of the City as set forth in the Act and the Ordinance;
and
WHEREAS, the transfer by the Grantor of the Development Rights in the Land shall
be in perpetuity; and
WHEREAS, in order to provide for the payment of the purchase price for the rights
in the Land created hereby, the Grantor and the City have entered into an Installment
Purchase Agreement of even date herewith (the "Installment Purchase Agreement");
GRANT
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS
($10.00), the covenants and promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
for Grantor, Grantor's heirs, personal representatives, devisees, successors and assigns, and
for any subsequent owner of the Land does hereby grant and convey, with general warranty
and English covenants of title, unto the City, and its successors and assigns, forever and in
perpetuity, an agricultural land preservation easement in, on, over and with respect to the
Land restricting the Land to Agricultural Use and in furtherance thereof, does hereby grant
and convey, with general warranty and English covenants of title, to the City, and its
successors and assigns, forever and in perpetuity, all of the Development Rights with respect
to the Land.
TERMS. COVENANTS. CONDITIONS AND AGREEMENTS
A. The Grantor for Grantor, Grantor's heirs, personal representatives, devisees,
successors and assigns covenants with the City, (1) to refrain from engaging in any act or
activity, or permitting to occur or suffering to exist any act or activity upon the Land which
would constitute the exercise of a Development Right or a use other than an Agricultural
Use, it being the intention of the parties that the Land shall be preserved for Agricultural Use
in accordance with the provisions of the Ordinance; and (2) that this Deed of Easement shall
create a perpetual easement, running with the Land and all portions thereof as an incorporeal
and nonpossessory interest therein, enforceable against the Grantor and upon any purchaser,
grantee, lessee, owner or other transferee of all or any portion of the Land and any other
person or entity having any right, title or interest therein and upon their respective heirs,
personal representatives, devisees, successors and assigns; and (3) that the covenants,
conditions, limitations and restrictions contained herein are intended to limit the use of the
Land as herein set forth.
B. The parties, for themselves, their heirs, personal representatives, devisees,
successors and assigns, further covenant and agree as follows:
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(1) As used in this Deed of Easement the term "Development Rights"
shall mean the right to develop the Land for any use, including without limitation, any
commercial, industrial or residential use, other than for Agricultural Use.
(2) As used in this Deed of Easement the term "Agricultural Use" means
(i) the bona fide production of crops, animal or fowl, including, but not limited to, the
production of fruits, vegetables, honey, grains, meat, poultry and dairy products, the raising
of livestock and poultry, and the production and harvest of products from horticultural,
silvicultural or aquacultural activity, (ii) the repair, expansion or replacement of no more than
one (1) bona fide dwelling occupied by the landowner or tenant as of the date of application
for entry in the Agricultural Reserve Program and no more than one freestanding mobile
home, as permitted by Section 19-19 of the City Code, and (iii) accessory uses directly
related to agricultural activities conducted on the same property, including the sale of
agricultural products as permitted by Section 401 of the City Zoning Ordinance. The term
does not include the processing of agricultural, silvicultural, horticultural or aquacultural
products, except as an accessory use.
(3) This Deed of Easement does not grant the public any right of entry or
access or any rights of use of the Land.
(4) THIS EASEMENT SHALL EXIST IN PERPETUITY AND RUN
WITH THE ENTIRE ACREAGE OF THE LAND.
(5) The purpose of this Deed of Easement shall be to (i) promote and
encourage the preservation of farmland, and promote and enhance agriculture as an important
industry within the City, (ii) preserve the rural character of the southern part of the City,
(iii) conserve and protect environmentally sensitive lands, waters and other resources,
(iv) reduce and defer the need for major infrastructure improvements in the southern part of
the City and the expenditure of public funds for such improvements, (v) preserve open
spaces, and (vi) assist in shaping the character, direction and timing of community
development.
(6) In the event of a violation or attempted violation of any of the
provisions hereof, the City and its successors and assigns, may institute and prosecute any
proceeding at law or in equity to enforce the provisions hereof or to abate, prevent or enjoin
any such violation or attempted violation.
WITNESS, the hand and seal of the Grantor as of the date first above written.
#(NOTE- USE IF GRANTOR IS MARRIED BUT SPOUSE IS NOT ON DEED --Anything
herein to the contrary notwithstanding, AND
execute(s) this Deed of Easement for the sole purpose of consenting to the conveyance of and
releasing any marital or augmented estate interest in the easement and rights set forth herein.
3
GRANTOR:
(SEAL)
Roy D. Flanagan
(SEAL)
#
APPROVED AS TO FORM AND
ACCEPTED ON BEHALF OF THE CITY
OF VIRGINIA BEACH
CITY ATTORNEY
COMMONWEALTH OF VIRGINIA
AT LARGE, to -wit:
The foregoing instrument was acknowledged before me in the City of Virginia
Beach, Virginia, this day of , 1998, by Roy D. Flanagan,
Grantor.
(SEAL)
My Commission Expires:
4
Notary Public
EXHIBIT A
ALL THAT certain piece, parcel of tract of land situated in
the City of Virginia Beach (formerly Pungo Magisterial
District, Princess Anne County), Virginia, and being more
particularly described and designated as follows, to -wit:
Beginning at a pin on the eastern side of Princess Anne Road
(formerly the Creeds Pungo Road) located South eighty-one
(81) degrees eighteen (18) minutes East twenty-five and one-
tenth (25.1) feet from a point in the center of said road and
running South eighty-one (81) degrees eighteen (18) minutes
East five hundred seventy-six and one-tenth (576.1) feet to a
pin; thence running North four (4) degrees fifty-three (53)
minutes East one hundred eighty-five and eight -tenths (185.8)
feet to a pin; thence running South eighty-three (83) degrees
thirteen (13) minutes East ten hundred twenty-two and five -
tenths (1022.5) feet to a pin; thence running South eighty-
three (83) degrees thirteen (13) minutes East seven hundred
fifty-five and five -tenths (755.5) feet to R. Oak; thence
running North seventy-eight (78) degrees six (6) minutes East
seven hundred twenty-five and seven -tenths (725.7) feet to a
W. Oak in the boundary line between this property and the
property of "Noah Garrett" as shown on the hereinafter
mentioned plat; thence running South seventeen (17) degrees
thirty-eight (38) minutes West one hundred seventeen and
four -tenths (117.4) feet to a pine located in said boundary line
between this property and the property of the said Noah
Garrett as shown on said plat hereinafter mentioned; thence
continuing along said boundary line South twenty (20)
degrees twenty-four (24) minutes West one hundred twenty-
two (122) feet to a pine scragg; thence South twenty-two (22)
degrees six (6) minutes West one hundred forty-six and four -
tenths (146.4) feet to a pine; thence South twenty-three (23)
degrees fifty (50) minutes West two hundred seventy-eight
(278) feet to a S. Gum; thence continuing along the aforesaid
boundary line South nine (9) degrees ten (10) minutes East
one hundred thirty-one and four tenths (131.4) feet to a pin
located on the northern side of a thirty (30) foot public road
(now known as Muddy Creek Road); thence running from
said pin South nine (9) degrees ten (10) minutes East fifteen
and two-tenths (15.2) feet to a point located in the center of
5
said thirty (30) foot public road; thence running down the
center of said public road South eighty-seven (87) degrees ten
(10) minutes West three hundred seventy-six and six -tenths
(376.6) feet to a point in the center line of said road; thence
North thirty-five (35) degrees thirty-eight (38) minutes West
nine hundred nine and two-tenths (909.2) feet along the center
line of said public road to a point; thence running North
eighty-eight (88) degrees forty-one (41) minutes West sixteen
hundred thirty-five and three -tenths (1635.3) feet along the
center line of said public road to a point which marks the
intersection of the center line of said public road with the
intersection of Princess Anne Road (formerly the Creeds
Pungo Road); thence running from the point of intersection
South zero (0) degrees forty (40) minutes West three hundred
ten and five -tenths (310.5) feet along the center line of said
Princess Anne Road (formerly Creeds Pungo Road) to a
point; thence running from said last mentioned point in the
center line of Princess Anne Road (formerly Creeds Pungo
Road) to a pin located on the western side of said Princess
Anne Road (formerly Creeds Pungo Road), which said last
mentioned pin is located at the southeastern corner of "Roy
Flanagan Parcel A .84 Ac." as shown on the said hereinafter
mentioned plat; thence running along the western side of the
said Princess Anne Road (formerly Creeds Pungo Road) one
hundred sixty-six and one-tenth (166.1) feet to a point on the
western side of the said Princess Anne Road (formerly Creeds
Pungo Road) where the northern boundary of the said parcel
designated "Roy Flanagan Parcel A. 84 Ac." intersects the
western line of said Princess Anne Road (formerly Creeds
Pungo Road); thence running South eighty-three (83) degrees
eight (8) minutes West one hundred forty-four and three -
tenths (144.3) feet to a pin in gum stump, which said pin in
gum stump is located in the boundary line between this parcel
and the parcel designated as "Roy Flanagan Parcel A .84 Ac."
as shown on the hereinafter mentioned plat; thence running
North twenty-six (26) degrees zero zero (00) minutes West
one hundred forty-eight (148) feet to a B. Gum; thence North
eighty-seven (87) degrees thirty-three (33) minutes West one
hundred twenty-three and nine -tenths (123.9) feet to a B.
Gum; thence running North twenty-seven (27) degrees forty-
one (41) minutes West two hundred sixteen and five -tenths
(216.5) feet to a pin; thence running North forty-six (46)
degrees fifty-four (54) minutes East one hundred fifty-three
6
(153) feet to a B. Gum; thence running North fourteen (14)
degrees forty-five (45) minutes East one hundred thirty-four
and two-tenths (134.2) feet "along edge of swamp" as shown
on hereinafter mentioned plat, to a pin; thence North eleven
(11) degrees twenty-one (21) minutes West two hundred
twenty-two (222) feet to a pin; thence running North two (2)
degrees fifty-one (51) minutes West eighty-two and three -
tenths (82.3) feet to a pin located in the boundary line
between this tract and "Tract A" as shown on the hereinafter
mentioned plat; thence running from said pin along said
boundary line South eighty-one (81) degrees eighteen (18)
minutes East eighty-four and seven -tenths (84.7) feet to a pin;
thence South eighty-one (81) degrees eighteen (18) minutes
East three hundred sixteen (316) feet to a pin located on the
western side of Princess Anne Road (formerly Creeds Pungo
Road); thence running the same course twenty-five and one-
tenth (25.1) feet to a point in the center of Princess Anne
Road (formerly said Creeds Pungo Road); thence running the
same course twenty-five and one-tenth (25.1) feet from said
point located in the center of said Princess Anne Road
(formerly Creeds Pungo Road) to a pin, the point of
beginning, the said parcel or tract hereinabove described
being designed and known as "Tract 'B' 49.5 more or less
Acres (Rd. area exc.)" as shown on the plat "Property of
Flanagan Estate, located near Pungo-in-Princess Anne Co.,
Va.," dated June, 1953, by W. B. Gallup, County Surveyor,
which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
31, at page 46, reference to said plat being hereby made for a
more particular description thereof.
LESS AND EXCEPT those portions of the aforesaid property
conveyed to the Commonwealth of Virginia from O. S.
Chaplain, et al, by deed dated May 16, 1947, duly recorded in
the aforesaid Clerk's Office in Deed Book 246, at page 225,
and from Roy D. Flanagan, et ux, et al, by deed dated May
20, 1947, duly recorded in the aforesaid Clerk's Office in
Deed Book 246, at page 227, that portion of the aforesaid
property located on the west side of Princess Anne Road and
any other portions of the aforesaid property currently located
in the rights-of-way for Princess Anne Road and Muddy
Creek Road.
7
LESS AND EXCEPT all portions of the above-described
property, if any, which contain any of the following soil
types: (1) Back Bay Mucky Peat; (2) Dorovan Mucky Peat;
(3) Nawney Silt Loam; or (4) Pamlico Mucky Peat, Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being
a portion of the above described property designated and
described as "#" as shown on that certain plat entitled: "#",
Scale #" = #', dated #, prepared by #, which plat is attached
hereto and recorded simultaneously herewith.]
IT BEING a portion of the same property conveyed to Henry
C. Flanagan from G. A. Rider, et ux, by deed dated August
12, 1913, duly recorded in the aforesaid Clerk's Office in
Deed book 91, at page 531. Upon the death of Henry C.
Flanagan on , unmarried and intestate, the
aforesaid property passed to Cecil C. Flanagan, Roy D.
Flanagan and Alline Fentress, his sole heirs at law, as
evidenced by list of heirs duly recorded in the aforesaid
Clerk's Office in Will Book 12, at page 264. Alline Fentress
conveyed her interest in the aforesaid property to Roy D.
Flanagan by deed dated September 7, 1945, duly recorded in
the aforesaid Clerk's Office in Deed Book 230, at page 246.
Cecil C. Flanagan, et ux, conveyed their interest in the
aforesaid property to Roy D. Flanagan by deed dated January
21, 1954, duly recorded in the aforesaid Clerk's Office in
Deed Book 352, at page 306.
8
EXHIBIT B
DESCRIPTION OF LAND
[SEE ATTACHED]
16
EXHIBIT B
ALL THAT certain piece, parcel of tract of land situated in the City
of Virginia Beach (formerly Pungo Magisterial District, Princess
Anne County), Virginia, and being more particularly described and
designated as follows, to -wit: Beginning at a pin on the eastern side
of Princess Anne Road (formerly the Creeds Pungo Road) located
South eighty-one (81) degrees eighteen (18) minutes East twenty-five
and one-tenth (25.1) feet from a point in the center of said road and
running South eighty-one (81) degrees eighteen (18) minutes East
five hundred seventy-six and one-tenth (576.1) feet to a pin; thence
running North four (4) degrees fifty-three (53) minutes East one
hundred eighty-five and eight -tenths (185.8) feet to a pin; thence
running South eighty-three (83) degrees thirteen (13) minutes East ten
hundred twenty-two and five -tenths (1022.5) feet to a pin; thence
running South eighty-three (83) degrees thirteen (13) minutes East
seven hundred fifty-five and five -tenths (755.5) feet to R. Oak; thence
running North seventy-eight (78) degrees six (6) minutes East seven
hundred twenty-five and seven -tenths (725.7) feet to a W. Oak in the
boundary line between this property and the property of "Noah
Garrett" as shown on the hereinafter mentioned plat; thence running
South seventeen (17) degrees thirty-eight (38) minutes West one
hundred seventeen and four -tenths (117.4) feet to a pine located in
said boundary line between this property and the property of the said
Noah Garrett as shown on said plat hereinafter mentioned; thence
continuing along said boundary line South twenty (20) degrees
twenty-four (24) minutes West one hundred twenty-two (122) feet to
a pine scragg; thence South twenty-two (22) degrees six (6) minutes
West one hundred forty-six and four -tenths (146.4) feet to a pine;
thence South twenty-three (23) degrees fifty (50) minutes West two
hundred seventy-eight (278) feet to a S. Gum; thence continuing
along the aforesaid boundary line South nine (9) degrees ten (10)
minutes East one hundred thirty-one and four tenths (131.4) feet to a
pin located on the northern side of a thirty (30) foot public road (now
known as Muddy Creek Road); thence running from said pin South
nine (9) degrees ten (10) minutes East fifteen and two-tenths (15.2)
feet to a point located in the center of said thirty (30) foot public road;
thence running down the center of said public road South eighty-.
seven (87) degrees ten (10) minutes West three hundred seventy-six
and six -tenths (376.6) feet to a point in the center line of said road;
thence North thirty-five (35) degrees thirty-eight (38) minutes West
nine hundred nine and two-tenths (909.2) feet along the center line of
said public road to a point; thence running North eighty-eight (88)
degrees forty-one (41) minutes West sixteen hundred thirty-five and
three-tenths (1635.3) feet along the center line of said public road to
a point which marks the intersection of the center line of said public
road with the intersection of Princess Anne Road (formerly the
Creeds Pungo Road); thence running from the point of intersection
South zero (0) degrees forty (40) minutes West three hundred ten and
five-tenths (310.5) feet along the center line of said Princess Anne
Road (formerly Creeds Pungo Road) to a point; thence running from
said last mentioned point in the center line of Princess Anne Road
(formerly Creeds Pungo Road) to a pin located on the western side of
said Princess Anne Road (formerly Creeds Pungo Road), which said
last mentioned pin is located at the southeastern corner of "Roy
Flanagan Parcel A .84 Ac." as shown on the said hereinafter
mentioned plat; thence running along the western side of the said
Princess Anne Road (formerly Creeds Pungo Road) one hundred
sixty-six and one-tenth (166.1) feet to a point on the western side of
the said Princess Anne Road (formerly Creeds Pungo Road) where
the northern boundary of the said parcel designated "Roy Flanagan
Parcel A. 84 Ac." intersects the western line of said Princess Anne
Road (formerly Creeds Pungo Road); thence running South eighty-
three (83) degrees eight (8) minutes West one hundred forty-four and
three-tenths (144.3) feet to a pin in gum stump, which said pin in gum
stump is located in the boundary line between this parcel and the
parcel designated as "Roy Flanagan Parcel A .84 Ac." as shown on
the hereinafter mentioned plat; thence running North twenty-six (26)
degrees zero zero (00) minutes West one hundred forty-eight (148)
feet to a B. Gum; thence North eighty-seven (87) degrees thirty-three
(33) minutes West one hundred twenty-three and nine-tenths (123.9)
feet to a B. Gum; thence running North twenty-seven (27) degrees
forty-one (41) minutes West two hundred sixteen and five-tenths
(216.5) feet to a pin; thence running North forty-six (46) degrees
fifty-four (54) minutes East one hundred fifty-three (153) feet to a B.
Gum; thence running North fourteen (14) degrees forty-five (45)
minutes East one hundred thirty-four and two-tenths (134.2) feet
"along edge of swamp" as shown on hereinafter mentioned plat, to a
pin; thence North eleven (11) degrees twenty-one (21) minutes West
two hundred twenty-two (222) feet to a pin; thence running North two
(2) degrees fifty-one (51) minutes West eighty-two and three-tenths
(82.3) feet to a pin located in the boundary line between this tract and
"Tract A" as shown on the hereinafter mentioned plat; thence running
from said pin along said boundary line South eighty-one (81) degrees
eighteen (18) minutes East eighty-four and seven-tenths (84.7) feet to
a pin; thence South eighty-one (81) degrees eighteen (18) minutes
East three hundred sixteen (316) feet to a pin located on the western
side of Princess Anne Road (formerly Creeds Pungo Road); thence
running the same course twenty-five and one-tenth (25.1) feet to a
point in the center of Princess Anne Road (formerly said Creeds
Pungo Road); thence running the same course twenty-five and one-
tenth (25.1) feet from said point located in the center of said Princess
Anne Road (formerly Creeds Pungo Road) to a pin, the point of
beginning, the said parcel or tract hereinabove described being
designed and known as "Tract `B' 49.5 more or less Acres (Rd. area
exc.)" as shown on the plat "Property of Flanagan Estate, located near
Pungo-in-Princess Anne Co., Va.," dated June, 1953, by W. B.
Gallup, County Surveyor, which plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 31, at page 46, reference to said plat being hereby made for a
more particular description thereof.
LESS AND EXCEPT those portions of the aforesaid property
conveyed to the Commonwealth of Virginia from O. S. Chaplain, et
al, by deed dated May 16, 1947, duly recorded in the aforesaid
Clerk's Office in Deed Book 246, at page 225, and from Roy D.
Flanagan, et ux, et al, by deed dated May 20, 1947, duly recorded in
the aforesaid Clerk's Office in Deed Book 246, at page 227, that
portion of the aforesaid property located on the west side of Princess
Anne Road and any other portions of the aforesaid property currently
located in the rights-of-way for Princess Anne Road and Muddy
Creek Road.
LESS AND EXCEPT all portions of the above-described property,
if any, which contain any of the following soil types: (1) Back Bay
Mucky Peat; (2) Dorovan Mucky Peat; (3) Nawney Silt Loam; or (4)
Pamlico Mucky Peat, Ponded.
[LESS AND EXCEPT that certain tract, piece or parcel being a
portion of the above described property designated and described as
"#" as shown on that certain plat entitled: "#", Scale #" = #', dated #,
prepared by #, which plat is attached hereto and recorded
simultaneously herewith.]
IT BEING a portion of the same property conveyed to Henry C.
Flanagan from G. A. Rider, et ux, by deed dated August 12, 1913,
duly recorded in the aforesaid Clerk's Office in Deed book 91, at
page 531. Upon the death of Henry C. Flanagan on
unmarried and intestate, the aforesaid property passed to Cecil C.
Flanagan, Roy D. Flanagan and Alline Fentress, his sole heirs at law,
as evidenced by list of heirs duly recorded in the aforesaid Clerk's
Office in Will Book 12, at page 264. Alline Fentress conveyed her
interest in the aforesaid property to Roy D. Flanagan by deed dated
September 7, 1945, duly recorded in the aforesaid Clerk's Office in
Deed Book 230, at page 246. Cecil C. Flanagan, et ux, conveyed
their interest in the aforesaid property to Roy D. Flanagan by deed
dated January 21, 1954, duly recorded in the aforesaid Clerk's Office
in Deed Book 352, at page 306.
GADATATGRMSARP 1 WORKING \DF4580.DES
EXHIBIT C
PERMITTED ENCUMBRANCES
[SEE ATTACHED]
17
EXHIBIT "C"
PERMITTED ENCUMBRANCES
1. Taxes for the fiscal year 1998/1999 and any/all stormwater fees, which are liens not yet due
and payable, and taxes and stormwater fees for all subsequent billing periods.
2. Roll Back Taxes.
3. Such other restrictions and encumbrances which, in the opinion of the City Attorney, do not
adversely affect the interest of the City of Virginia Beach in and to the agricultural land
preservation easement and the rights granted to the City in the Deed of Easement.
3. Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book #, Page # and as shown in Map Book #, page #.
4. Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the aforesaid Clerk's Office in Deed Book #, Page #
and as shown in Map Book #, page #.
#5. Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the aforesaid Clerk's Office in Deed Book #, Page #.
#6. Easement granted Virginia Electric and Power Company over the subject property, as
established by instrument recorded in the aforesaid Clerk's Office in Deed Book #, Page #
and as shown in Map Book #, page #.
#7. Easement granted Princess Anne Telephone Co., Inc., recorded in the aforesaid Clerk's
Office in Deed Book #, page # for Poles and wires.
#8. Highway right of way recorded in the aforesaid Clerk's Office in Deed Book #, page #.
#9. Highway right of way recorded in the aforesaid Clerk's Office in Deed Book #, page #.
ASSIGNMENT
FOR VALUE RECEIVED, and
EXHIBIT D
([collectively,] the "Registered Owner") hereby sell[s], assign[s] and transfer[s] unto
, without recourse, all of the Registered Owner's
right, title and interest in and to the Installment Purchase Agreement to which this
Assignment is attached; and the Registered Owner hereby irrevocably directs the Registrar
(as defined in such Agreement) to transfer such Agreement on the books kept for registration
thereof. The Registered Owner hereby represents, warrants and certifies that there have been
no amendments to such Agreement [except
Date:
Signature guaranteed:
NOTICE: Signature must be
guaranteed by a member firm
of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature on this
Assignment must correspond with
the name of the Registered Owner
as it appears on the registration
books for the Installment Purchase
Agreement referred to herein in every
particular, without alteration or enlargement
or any change whatever.
18
EXHIBIT E
TRANSFER OF AGREEMENT - SCHEDULE OF TRANSFEREES
The transfer of this Installment Purchase Agreement may be registered only by the
Registered Owner under such Agreement in person or by its duly authorized officer or
attorney upon presentation hereof to the Registrar, who shall make note thereof in the books
kept for such purpose and in the registration blank below.
Date of Name and Tax I.D. No. of
Registration of Address of Transferee
Transfer Transferee
Registered Seller
1.
2.
3.
4.
5.
6.
19
Signature of Registrar
- 23 -
Item V -I.3.
ORDINANCES/RESOLUTIONS ITEM # 44323
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to AMEND the City Code, ADDING Article VI to Chapter 5
(Sections 5-95 through 5-103) re protection of wild horses.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE TO AMEND THE CITY CODE
2 BY ADDING A NEW ARTICLE VI TO
3 CHAPTER 5 THEREOF PERTAINING TO THE
4 PROTECTION OF WILD HORSES
5 SECTIONS ADDED: Sections 5-95
6 through 5-103
7 WHEREAS, for centuries, feral horses and wild Spanish mustangs
8 (hereinafter collectively referred to as "wild horses") have
9 inhabited the Outer Banks of Currituck County, North Carolina;
10 WHEREAS, development of the Outer Banks of Currituck County
11 has encroached upon lands traditionally grazed by these wild
12 horses;
13 WHEREAS, as a result of this encroachment, many of these wild
14 horses have strayed over the Virginia State line into the
15 Sandbridge area of the City, causing potentially dangerous
16 encounters with citizens and tourists, as well as injury to the
17 horses;
18 WHEREAS, dedicated volunteers, in cooperation with local,
19 state, and federal agencies, have worked diligently to protect and
20 preserve the remaining herd of these wild horses; and
21 WHEREAS, City Council has determined that it would be
22 appropriate to add certain provisions to the City Code designed to
23 supplement and support the efforts of these volunteers and
24 agencies.
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the Code of the City of Virginia Beach, Virginia, is
28 hereby amended and reordained by adding a new Article VI to Chapter
29 5 thereof to read as follows:
30 ARTICLE VI. WILD HORSES
31 Sec. 5-95. Definitions.
32 The following words, terms, and phrases, when used in this
33 article, shall have the meanings respectively ascribed to them in
34 this section, except where the context clearly indicates a
35 different meaning:
36 Feral horse means a horse that is either not domesticated or
37 has escaped domestication and become wild.
38 Lure means to intentionally entice or tempt by feeding,
39 petting, or any other means intended to attract.
40 Veterinary hospital means any establishment maintained and
41 operated by a licensed veterinarian for the diagnosis and treatment
42 of diseases and injuries of animals.
43 Wild horse means (i) a feral horse, or (ii) a horse that is
44 the progeny of the Spanish mustang, a breed that was introduced to
45 the Outer Banks of North Carolina as a domesticated animal by 16th
46 century explorers but that, over time, has taken on the
47 characteristics of a feral horse.
48 Sec. 5-96. Declaration of public purpose.
49 The provisions of this article are hereby found and declared
50 to be in furtherance of the public health, safety and welfare.
51 Sec. 5-97. Penalty for violation of article.
52 Unless otherwise provided, a violation of any provision of
53 this article shall constitute a Class 4 misdemeanor.
2
54 Sec. 5-98. Luring, removing, feeding, etc.
55 Except as otherwise provided in Section 5-102 of this article,
56 it shall be unlawful for any person to (i) lure a wild horse into
57 the city limits, (ii)_ remove a wild horse from the city limits,
58 (iii) lure a wild horse to within fifty (50) feet of
59 himself/herself or any other person or (iv) feed, ride or pet, or
60 a••roach with the intent to feed ride or .et a wild horse.
61 Sec. 5-99. Possessing or harboring.
62 It shall be unlawful for any person to possess, harbor, or
63 confine a wild horse; provided however, that the provisions of
64 this section shall not be applicable to the confinement of a wild
65 horse in a veterinary hospital for treatment by, or under the care
66 and supervision of, a licensed veterinarian.
67 Sec. 5-100. Cruelty.
68 (a) It shall be unlawful for any person to molest, torture,
69 torment, beat, mutilate, kill, wound, injure, poison, or otherwise
70 harm a wild horse, to subject a wild horse to conditions which are
71 detrimental to its health, safety or welfare, or to cause or
72 procure another person to engage in any of the foregoing acts.
73 (b) The prohibitions set forth in subsection (a) of this
74 section shall be deemed to include any act which causes
75 unjustifiable pain, suffering, injury or death to a wild horse.
76 (c) Nothing herein shall be construed to prohibit a law
77 enforcement officer or licensed veterinarian from destroying a
78 badly injured or diseased wild horse in a humane manner.
79 (d) A violation of subsection (a) of this section shall
80 constitute a Class 1 misdemeanor.
3
81 Sec. 5-101. Notification to authorities of injury to wild horse.
82 It shall be unlawful for any person who injures a wild horse
83 to fail to immediately notify the police department of such injury.
84 Sec. 5-102. Assistance by licensed veterinarians and other
85 authorized persons.
86 Licensed veterinarians, and duly authorized members of the
87 Corolla Wild Horse Fund Committee of O.B.C., Inc., the Tidewater
88 Western Riders Association, and the Sandbridge Civic League, are
89 hereby authorized to assist in protecting the health, safety and
90 welfare of wild horses and ensuring their safe return to the Outer
91 Banks of Currituck County, and, when acting pursuant to the
92 authority granted herein, shall be exempt from the provisions of
93 Sections 5-98 and 5-99 of this article.
94 Sec. 5-103. Interference with enforcement of article.
95 It shall be unlawful for any person to interfere with the
96 efforts of any law enforcement officer to enforce the provisions of
97 this article, or to interfere with the efforts of any person duly
98 authorized, pursuant to Section 5-102, to assist in protecting the
99 health, safetv and welfare of wild horses and ensuring their safe
100 return to the Outer Banks of Currituck County, North Carolina.
101 Adopted by the City Council of the City of Virginia Beach on
102 this 24th day of November, 1998.
103
104 CA -6940
105 DATA/ODIN/PROPOSED/05-095et.OR1
106 DATE PREPARED: 11/18/98
R6
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Agriculture Department of Law
4
- 24 -
Item V -I.4.
ORDINANCES/RESOLUTIONS ITEM # 44324
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $528, 432 Grant from the
Virginia Tourism Corporation to the FY 1998-1999 Operating Budget of
the Department of Convention and Visitor Development re advertising
tourist related activities; and, estimated revenue from the
Commonwealth be increased accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 A GRANT IN THE AMOUNT OF $528,432 FROM
3 THE VIRGINIA TOURISM CORPORATION TO
4 THE FY 1998-99 OPERATING BUDGET OF THE
5 DEPARTMENT OF CONVENTION AND VISITOR
6 DEVELOPMENT FOR THE PURPOSE OF
7 ADVERTISING TOURIST RELATED ACTIVITIES
8 WHEREAS, the Commonwealth of Virginia, through the
9 Virginia Tourism Corporation, provides funding to tourism programs
10 that develop partnerships and new and innovative ways to increase
11 out -of -market visitation to the Commonwealth;
12 WHEREAS, the Virginia Tourism Corporation has provided
13 Virginia Beach with funding to support the following advertising
14 programs: the American Music Festival, the Family Fun Package, the
15 Splash-O'Soleil, a cooperative television advertising program,
16 United Auto Workers spring and fall vacation package promotions,
17 and sports marketing initiatives;
18 WHEREAS, these funds are provided as a match to funds
19 raised or committed by the applicant for the approved marketing
20 programs; and
21 WHEREAS, the City's required match of $1,538,500 is
22 available through existing appropriations in the Tourism
23 Advertising Program.
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 1. That a grant in the amount of $528,432 is hereby
27 accepted from the Virginia Tourism Corporation and appropriated to
28 the FY 1998-99 Operating Budget of the Department of Convention and
29 Visitor Development for the purpose of advertising tourist related
30 activities.
31 2. That estimated revenue from the State government is
32 hereby increased by $528,432.
33 Requires an affirmative vote by a majority of members of
34 City Council.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 24 day of November , 1998.
37
38 CA -7186
39 ORDIN\NONCODE\STATETOUR.ORD
40 PREPARED: November 6, 1998
41 R3
42
43
44
45
46
47
48
49
50
CAW-G:\DATA\ORDIN\NONCODE\STATETOU.ORD
2
APPROVED AS TO CONTENT:
Management Sces
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 25 -
Item V -I.5.
ORDINANCES/RESOLUTIONS ITEM # 44325
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $385,076 from the
Commonwealth of Virginia re performance-based pay increases,
salaries and operating expenses for nine (9) additional deputy
positions; TRANSFER $42,429 from the General Fund Reserve
Contingencies for Grant Matches re City match for the additional deputy
positions; APPROPRIATE $20,975 in fund balance from the Inmate
Telephone Fund to the FY1998-1999 Operating Budget of the Sheriff's
Department re an additional Account Clerk I; and estimated revenue
from the Commonwealth be increased accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $385,076
2 IN ADDITIONAL STATE REVENUES FOR PAY INCREASES
3 AND THE COSTS OF ADDITIONAL POSITIONS IN THE
4 SHERIFF'S DEPARTMENT; TO TRANSFER $42,429 TO
5 COVER EXPENSES RELATED TO THESE ADDITIONAL
6 POSITIONS; AND TO APPROPRIATE $20,975 FROM FUND
7 BALANCE IN THE INMATE TELEPHONE FUND FOR AN
8 ADDITIONAL ACCOUNT CLERK POSITION
9 WHEREAS, the 1998 General Assembly approved a performance-based pay
10 increase for employees of Constitutional Officers, making $254,741 available on December
11 1, 1998 to supplement the pay of Virginia Beach Sheriffs Department employees;
12 WHEREAS, the State Compensation Board has authorized nine (9) additional
13 deputy positions for the Sheriffs Department to address increased needs in the
14 Correctional Center at a total cost of $172,764, of which $130,335 will be reimbursed to
15 the City by the State Compensation Board and $42,429 will be funded by the City for salary
16 supplements, a portion of fringe benefits, and operating expenses; and
17 WHEREAS, an additional Account Clerk I position is needed in the Sheriffs
18 Department to strengthen internal accounting controls regarding the inmate canteen
19 operations, to be funded from fund balance in the Inmate Telephone Fund.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 1. That $385,076 in funding from the Commonwealth of Virginia is hereby
23 accepted and appropriated to the Sheriffs Department's FY 1998-99 Operating Budget in
24 the Sheriffs Department Special Revenue Fund for the purpose of funding the
25 performance-based pay increases, as well as salary and operating expenses for nine (9)
26 additional deputy positions;
27 2. That $42,429 is hereby transferred from the General Fund Reserve for
28 Contingencies for Grant Matches to the Sheriff's Department's FY 1998-99 Operating
29 Budget to provide the City match for the additional nine (9) deputy positions;
30 3. That $20,975 in fund balance from the Inmate Telephone Fund is hereby
31 appropriated to the Sheriffs Department's FY 1998-99 Operating Budget for the purpose
32 of hiring an additional Account Clerk I to strengthen internal accounting controls; and
33 4. That estimated revenue from the Commonwealth is hereby increased by
34 $385,076.
35 Requires an affirmative vote by a majority of the members of City Council.
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 of November,
37 1998.
CA -7198
G:IDATA\ORDIN\NONCODEIPAYINC.ORD
DATE PREPARED: November 17, 1998
R3
Approved as to Content:
Management Servic
Approved as to Legal Sufficiency:
S. ity Attorney' ffice
JUNE R. FUNKHOUSEP
CHAPMAN
DANNY M. PAYNE
W. J. KUCHAfl KI
Egomo O MEwaQAS
COMMONWEALTH of VIRGINIA
COMPENSATION BOARD
P. O. BOX 710
RICHMOND, VIRGINIA 23218-0710
October 30, 1998
The Honorable Frank Drew
Sheriff, City of Virginia Beach
Municipal Center, Building 7
2501 James Madison Boulevard
Virginia Beach, VA 23456-9073
Dear Sheriff Drew:
BRUCE W HAYNES
ExecoNt aeco+rTI
JAMES W. MA1?HEW5
A5SI$TAN! e►ECVTWESLCfETanV
.4*
This is to acknowledge review of your n3quest dated October 15, 1998, and confirm
action taken by the Compensation Board on October 29, 1998.
The Compensation Board approved nine correctional officers (C-7 at $21,247) effective
November 15, 1998 due to a 27 bed expansion of the Jail.
If you have any questions, please contact Pat McCoy.
Sincerely,
June R. Funkhouser
Chairman
4vi/44,-
Bruce W. Haynes
Executive Secretary
c: Governing Body
James W. Matthews, Assistant Executive Secretary
Pat McCoy, Senior Fiscal Technician
MweddwnORobern0ocka Le aerie t20VallMohBhsdR
FAX (804) 371-0235 ADMINI3TRATION (804) 786-0788 (V/TDO) 1804) 786.0788
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-26 -
Item V -I.6.
ORDINANCES/RESOLUTIONS ITEM # 44326
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $35, 000 Grant from the
Commonwealth of Virginia Department of Criminal Justice Services to
the FY 1998-1999 Operating Budget of the Virginia Beach Parks and
Recreation Department re needs assessment of the Virginia Beach
Juvenile Justice System
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $35,000
2 GRANT FROM THE COMMONWEALTH OF VIRGINIA,
3 DEPARTMENT OF CRIMINAL JUSTICE SERVICES, TO THE
4 VIRGINIA BEACH PARKS AND RECREATION
5 DEPARTMENT'S FY 1998-99 OPERATING BUDGET FOR A
6 NEEDS ASSESSMENT OF THE VIRGINIA BEACH JUVENILE
7 JUSTICE SYSTEM
8 WHEREAS, the Virginia Beach Parks and Recreation Department has been awarded $35,000
9 from the Commonwealth of Virginia, Department of Criminal Justice Services, to fund a needs
10 assessment of the City's juvenile justice system;
11 WHEREAS, through use of the grant funds, a plan for improvement will be developed and
12 pilot programs will be created, through collaborative efforts among City and State agencies, to
13 increase resources for youth in confinement; and
14 WHEREAS, no matching City funds are required.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA,
17 1. That $35,000 in grant funds be accepted from the Commonwealth of Virginia,
18 Department of Criminal Justice Services, and appropriated to the FY 1998-99 Operating Budget of
19 the Virginia Beach Parks and Recreation Department for the purpose of funding a needs assessment
20 of the City's juvenile justice system;
21 2. That estimated revenue from the Commonwealth of Virginia be increased by the
22 amount of the grant award.
33 Requires an affirmative vote by a majority of the members of City Council.
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth
3 5 of November , 1998.
CA -7188
ORDIN\NONC ODE\JUVENILE. ORD
PREPARED: November 9, 1998
R3
Approved as to Content: Approved as to Legal
Sufficiency:
Management Services City Attorney's Office
-27 -
Item V -I.7.
ORDINANCES/RESOLUTIONS ITEM # 44326
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council DEFERRED
INDEFINITELY::
Ordinance to award a lease of City property to NEXTEL
COMMUNICATIONS at 1848 Pleasant Ridge Road for construction,
maintenance and operation of wireless telecommunication facilities
(DISTRICT 7 - PRINCESS ANNE
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
- 28 -
Item V -I.8.
ORDINANCES/RESOLUTIONS ITEM # 44327
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED:
License Refunds - 52,289.23
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
FORM NO. CA BREV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
•
NAME
LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BAXTER CONST CO OF VA BEACH 1995-1997 02/23/98 71.33
BELL MICHELLE ANNE JULIAN 1998 10/19/98 40.00
CAVALIER BOLT & NUT INC 1998 11/02/98 19.13
DEBORAHS ELECTROLYSIS INC 1998 07/29/98 10.00
FIRST NATIONAL MORTGAGE CORP 1995-1998 AUDIT 1,421.73
HAMPTON RDS REINFORCING CORP 1996-1998 AUDIT 132.42
ITTNER, TERRE L 1998 03/04/98 25.87
JAMES, LARRY W 1996-1998 AUDIT 4.07
KENNYS ELECTRIC INC 1998 10/27/98 46.00
MEGGE, MICHAEL P 1997 10/30/98 227.84
SHORE VENDING SERVICE INC 1998 11/03/98 6.50
STERNHEIMER BROS INC 1996-1998 AUDIT 178.26
TALREJA ROSHAN S MD 1996-1998 AUDIT 10.76
TERJEN HENRY A JR 1998 10/27/98 27.00
TIDEWATER COUNSELING ASSOC LTD 1996-1998 AUDIT 29.87
VMH REALTY INC 1998 11/03/98 10.00
4.27
0.25
1.15
22.78
Certified as to p
ym
75.60
40.00
19.13
10.25
1,421.73
132.42
25.87
4.07
47.15
250.62
6.50
178.26
10.76
27.00
29.87
10.00
Philip J.KeI m
Commissioner of the Revenue
Approved as to form:
�u
MOW -
s1: L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,289.23 were approved by the Council of the
City of Virginia Beach on the
24
Ruth Hodges Smith
City Clerk
day of November
19 98
- 29 -
Item V -J.1.
ORDINANCES/RESOLUTION ITEM # 44328
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Resolution to express concurrence with the Sheriff's phase-in of the use
of white Sheriffs' marked vehicles.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1
2 A RESOLUTION EXPRESSING CITY COUNCIL'S
3 CONCURRENCE WITH THE SHERIFF'S DECISION TO
4 PHASE IN THE USE OF WHITE VEHICLES
5 WHEREAS, prior to 1998, § 15.2-1610 of the Code of Virginia
6 provided that "fain marked motor vehicles used by sheriffs' offices
7 shall be solid dark brown...";
8 WHEREAS, during its 1998 Session, the General Assembly amended
9 § 15.2-1610 to provide that "[a]ll marked motor vehicles used by
10 sheriffs' offices shall be solid dark brown or, with the concurrence of
11 the local governing body and the local sheriff, white ...;"
12 WHEREAS, solid dark brown vehicles are not always available
13 from the factory, thereby necessitating that sheriffs' vehicles be
14 repainted, at additional cost, upon their delivery;
15 WHEREAS, "post -factory" paint jobs are seldom as durable as
16 paint jobs performed on the assembly line;
17 WHEREAS, in an effort to reduce the initial cost of vehicles,
18 decrease the time it currently takes to get them into service, and
19 enhance their overall durability, the Virginia Beach Sheriff has decided
20 to begin phasing in the use of white vehicles, and has requested that
21 City Council concur with his decision.
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That, in accordance with § 15.2-1610 of the Code of Virginia,
25 City Council hereby concurs with the decision of the Virginia Beach
26 Sheriff to begin phasing in the use of white marked sheriffs' vehicles.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 24 day of November 1998.
29 CA -7192
30 RES\NONCODE\WHITEVEH.RES
31 R-1
32 PREPARED: 11/16/98
33 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
34 . N fir-- -.._
35 Sheriff's Office City Attorney's Office
Memorandum
To: James K. Spore, City Manager
From: Frank Drew, Sheriff
Date: November 27, 1997
Subject Sheriff's Office Vehicles
Before you begin getting questions, I wanted to fill you in on a decision that I have made and
explain my reasoning.
In the near future I will be ordering several mid-size, 4 -door sedans. The City bid for these
vehicles (1998 Taurus) is 813,899. This price is several thousand dollars less then a IWI-size
vehicle (1998 Crown Victoria). In addition, we anticipate that the mid-size car equipped with a
V6 engine will be more efficient to operate then the full-size equipped with a V8 engine.
The only problem associated with the Taurus is that they do not come in the color sheriff's
brown or anything remotely close to brown in color. For an additional 51,500 per unit, I could
have the vehicles repainted brown once they are delivered to the dealer. Unfortunately, I have
had this done in the past with terrible results. The paint does not hold up.
The state code requires that Sheriffs' Office vehicles be painted sheriff's brown. There is no
definition of sheriff's brown, nor is there any penalty associated with not complying. Many
sheriffs are using white cars because of the same problems we are experiencing. The intent of
the law however was to provide a distinction between police and sheriffs' vehicles.
In an effort to meet the intent of the law without costing the taxpayers more money for an
inferior product, I will order the subsequent vehicles in the color black. Realizing that this may
peak someone's interest, I wanted you to have all of the information relating to my decision.
If I can answer any questions or provide you with additional information, please contact me at
Ext. 4073.
c- ecuce_
T a -t
Bill Tracking - 1998 session
Page 1 of 1
SU mmary
CHAPTER 413
An Act to amend and reenact § 15.2-1610 of the Code of Virginia, relating to sheriffs.
[H 533]
Approved April 12, 1998
Be it enacted by the General Assembly of Virginia:
1. That §15.2-1610 of the Code of Virginia is amended and reenacted as follows:
§15.2-1610. Standard uniforms and motor vehicle markings to be adopted by sheriffs.
A. All uniforms used by sheriffs and their deputies and police officers under the direct control of a
sheriff while in the performance of their duties shall meet the standards designated in subsection B,
except as provided in §15.2-1611.
B. The specifications for a standard uniform are as follows:
1. Shirts - Shirts shall be dark brown. White shirts may be worn by supervisors at all times and by
other personnel during the months of April through September. An American flag patch is optional.
2. Shoulder patches - Each sheriff may designate shoulder patches which need not be uniform.
3. Badges - Each sheriff shall designate badges which need not be uniform.
4. Trousers - Trousers shall be taupe with a dark brown stripe.
5. Hats - If used, hats shall be brown sheriffs style with a crease in the center of the crown.
6. Shoes - A black or brown military style shoe or boot shall be worn.
7. Leather accessories - All leather accessories shall be black or dark brown.
8. Ties - Ties shall be dark brown or taupe.
9. Blouses, jackets and coats - These items shall be dark brown with optional taupe trim as
designated by the sheriff.
C. All marked motor vehicles used by sheriffs' offices shall be solid dark brown or, with the
concurrence of the local governing body and the local sherif, , white, with a reflectorized gold,
five -point star on each front side door. The lettering on such stars shall say "Sheriffs Office" in a
half -circle above the Seal of the Commonwealth or the seal of the jurisdiction. The name of the
county or city shall be placed in a half -circle below the Seal. The words "Sheriffs Office" shall be
placed on the rear of the trunk.
D. All sheriffs' offices shall be in full compliance with specifications for uniforms and motor vehicle
markings, if the sheriff prescribes that uniforms be worn and marked motor vehicles be utilized.
111 Go to (General Assembly Home)
http://legl.state.va.us/cgi-bin/legp504.exe?981+fill+CHAP0413 11/13/98
-30 -
Item V -J.2.
ORDINANCES/RESOLUTION ITEM # 44329
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Resolution to confirm the appointment of re Carol E. Summers as
Assistant City Attorney, effective November 23, 1998.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 A RESOLUTION APPOINTING
2 CAROL E. SUMMERS TO THE
3 POSITION OF ASSISTANT CITY
4 ATTORNEY
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That pursuant to § 2-166 of the Code of the City of
8 Virginia Beach, Virginia, Carol E. Summers is hereby appointed to
9 the position of Assistant City Attorney, as of November 23, 1998.
10 Adopted by the Council of the City of Virginia Beach,
11 Virginia, on the 24 day of November , 1998.
12 CA -7200
13 ORDIN\NONCODE\SUMMERS. RES
14 R-1
15 PREPARED: 11/18/98
16
17
18
APPROVED AS TO LEGAL
SUFFICIENCY
,-."e-6.Y
19 City Attorney
- 31 -
Bern V -K
PUBLIC HEARING ITEM # 44330
PLANNING
Mayor Meyera E. OberndorfDECLARED a PUBLIC HEARING on:
PLANNING
1 JOEMONDS, JR.
2. F. F. ASSOCIATES
(H. ERNEST & LEONTINE BROWN)
CONDITIONAL USE PERMIT
MODIFICATION OF
CONDITIONS
(APPROVED 11/25/97)
CHANGE OF ZONING
MODIFICATION OF
CONDITIONS
(APPROVED: 3/26/90)
3. ASSOCIATION FOR RESEARCH & ENLARGEMENT OF A
ENLIGHTENMENT, INC. NON -CONFORMING USE
4. BAYVILLE FARMS ASSOCIATES, L.C. EXCESS PROPERTY
STREET CLOSURE
5. ACTORS AND ENTERTAINERS, INC. CONDITIONAL USE PERMIT
6. OCEANLAKES CHURCH OF GOD CONDITIONAL USE PERMIT
7. MR. & MRS. PHILIP WAYNE MUNDEN, JR. CONDITIONAL USE PERMIT
8. BETTY L. CROSS CONDITIONAL USE PERMIT
9. NICK & CATHY ANN PULIZZI CHANGE OF ZONING
November 24, 1998
Item V -K.
PUBLIC HEARING
PLANNING
-32-
ITEM # 44331
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council APPROVED in one
motion Items 1, 2, 4a/b, 5 (WITHDRAWAL), 6, 7 and 9 of the PLANNING BY CONSENT.
Items 3 was WITHDRAWN, BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED on Item 2, as his bank does business with the applicant (F F
ASSOCIATES)..
November 24, 1998
Item V -K.1
PUBLIC HEARING
PLANNING
- 33 -
ITEM # 44332
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council MODIFIED
CONDITIONS in the application of JOE MONDS, JR., for a Conditional Use Permit (APPROVED
11/25/98)::
ORDINANCE UPON APPLICATION OF JOE MONDS, JR., FOR A
CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RURAL
RESIDENTIAL DEVELOPMENT RO11972151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Joe Monds, Jr., for a Conditional Use
Permit for an alternative rural residential development on certain property
located at the northwest intersection of Blackwater Road and Blackwater
Loop. Said parcel contains 34.36 acres. BLACKWATER BOROUGH.
Condition No. 1 was REVISED as follows:
1. No more than two access points shall be permitted for the subject
site. Only one of these access points shall be located on
Blackwater Road.
Conditions No. 2 thru 4 shall remain as written with the previous approval:
2. A 50' vegetated buffer, as described in the Comprehensive Plan,
shall be installed along all residential property lines where they
abut an active agricultural operation. The required buffers shall
be planted prior to occupancy of the residential lots.
3. No more than five (5) building lots shall be permitted.
4. A suitable legal instrument restricting the development of the
property to no more than five (5) residential building lots shall be
submitted with the final subdivision plat, and shall be recorded in
the Clerk's Office of the Circuit Court. The content and form of
such instrument shall be acceptable to the City Attorney.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
Item V -K.2.
PUBLIC HEARING
PLANNING
-34-
ITEM # 44333
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council MODIFIED
CONDITIONS AND PROFFERS in the application of F. F. ASSOCIATES on the (3/26/90)
approved application of H. ERNEST & LEONTINE BROWN for a Conditional Change of Zoning:
Application of F F Associates for a modification of conditions placed
on the application for a change of zoning district classification from
R-20 to B -1A on March 26, 1990. Said property is located at 2209
Princess Anne Road. DISTRICT 7 - PRINCESS ANNE.
The applicant will construct a 2256 square foot addition onto the existing veterinary clinic, which
shall be architecturally compatible with Nimmo Church, not overpower this commercial site nor
cause any significant traffic impact.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroldHeischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker . and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED as his bank does business with the applicant FF ASSOCIATES.
November 24, 1998
- 35 -
Item V -K.3.
PUBLIC HEARING ITEM # 44334
PLANNING
The following registered to speak in SUPPORT:
Attorney Mike Inman, represented the applicant
John Van Auken, 897 Old Cutler Road, Phone: 496-6577, Executive Director - A.R.E.
David May , 605 Thalia Point Road, Architect with TAF group for A.R.E.
Nancy L. Eubel, 1468 Mill Landing Road, Phone: 426-1205, Executive Director - A.R..E.
Leslie Cayce, 1225 Sandbridge Road, Phone: 426-6798, represented husband Dr. Thomas Cayce, grandson
of Edgar Cayce.
Adella Scott Wilson, 206 - 67th Street, Phone: 425-9935, Member of A.R.E. for 32 years.
The following registered in OPPOSITION:
John Soscia, 215 68th Street, Phone: 428-2384, distributed petitions with 306 signatures in OPPOSITION.
Said petition is hereby made a part of the record.
Morris Fine, 6812 Oceanfront Avenue, Phone: 422-1678
Ruth Schepper, 213 B 68th Street, phon: 491-9633
Tom Thatcher, 221 63th Street, Phone: 422-2800
Cecelia F. Scscia, 215 68th Street, Phone: 428-2304
William D. Almonds, President - North Virginia Beach Civic League, responded to City Council inquiries.
AMOTION was made by Councilman Harrison, seconded by Vice Mayor Sessoms to ADOPT the Application
of ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC, for an enlargement of a
nonconforming use at the Northwest corner of Atlantic Avenue and 67th Street to enlarge existing facilities
with the following conditions: (1) Subject to Condition #2, the enlargement shall substantially adhere to the
submitted plan entitled, "Health Research and Rejuvenation Center, Preliminary Plan for the Association
for Research and Enlightenment, " by the TAF Group, revised November 12, 1998. This plan includes the
proposed landscaping. (2) If a variance to the required 30 foot setback from 68th Street for the Health
Research and Rejuvenation Center is not granted, the building must comply with the aforesaid setback
requirement. (3) The architecture and colors of the proposed Health Research and Rejuvenation Center and
the exterior improvements to the existing Wynne Building, shall substantially adhere to the renderings
displayed at the City Council and on file in the Planning Department. (4) The enlargement shall comply with
the requirements of the Stormwater Management Ordinance. (5) All parking lot lighting shall be directed
away from surrounding residences. The following additional conditions: (1) This shall be the last building
constructed on the site by the A.R.E. (2) The application shall be in strict conformity with parking
requirements on site without regard to any variances that might be granted by the BZA (3) The applicant shall
seek and obtain a variance from the BZA with regard to the height restriction and setbacks. (4) There shall
be no tractor trailers allowed to load or unload on the site.
A SUBSTITUTE MOTION was made by Councilman Jones, seconded by Councilman Branch, to DEFER
FOR SIXTY DAYS TO THE JANUARY 26, 1999 CITY COUNCIL SESSION, the Application of
ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC This application shall be DEFERRED
until a formal meeting of the North Virginia Beach Civic League can be called for a Vote of the Civic League
(both Board of Directors and Membership) regarding support, or opposition, for the application of
ASSOCIATION FOR RESEARCH & ENLIGHTENMENT, INC. for the enlargement of a nonconforming
use.
Councilman Harrison and Vice Mayor Sessoms WITHDREW their Motion and Second to ADOPT.
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council DEFERRED FOR
SIXTY DAYS TO THE JANUARY 26, 1999 CITY COUNCIL SESSION, the Application of
ASSOCL4TION FOR RESEARCH & ENLIGHTENMENT, INC for an enlargement ofthe nonconforming
existing use at the Northwest corner of Atlantic Avenue, 67th Street and Seashore State Park to enlarge
existing facilities (LYNNHAVEN- DISTRICT 5):
Resolution authorizing the enlargement ofa nonconforming use on property
located at the northwest corner of Atlantic Avenue and 67h Street.
DISTRICT 5 - LYNNHAVEN
November 24, 1998
Item V -K.3.
PUBLIC HEARING
PLANNING
Voting: 11-0
Council Members Voting Aye:
- 36 -
ITEM # 44334 (Continued)
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
Item V -K.4.
PUBLIC HEARING
PLANNING
- 37 -
ITEM # 44335
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council DECLARED as
EXCESS PROPERTYa 50' strip of First Court Road; and, authorized the City Manager to convey the parcel
to BAYVILLEFARMS ASSOCIATES, L.C. by Quitclaim Deed; and, AUTHORIZED FINAL APPROVAL
on the Ordinance upon application of BAYVILLE FARMS ASSOCIATES, LC for the discontinuance,
closure and abandonment of a portion of First Court Road.
AND,
Ordinance declaring certain property excess and authorizing the City
Manager to Dispose of Same.
Application of Bayville Farms Associates, L.C. for the discontinuance,
closure and abandonment of a portion of First Court Road beginning at the
southern boundary of Shore Drive and running in a southwesterly direction
a distance of 1165.07 feet. Said parcel contains 1.42 acres. BAYSIDE
BOROUGH.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
1 AN ORDINANCE DECLARING CERTAIN PROPERTY
2 EXCESS AND AUTHORIZING CITY MANAGER TO
3 DISPOSE OF SAME
4 WHEREAS, by Deed from the Commonwealth of Virginia, dated
5 April 15, 1965, and recorded in the Clerk's Office of the Circuit
6 Court of the City of Virginia Beach, Virginia, in Deed Book 908, at
7 page 249, the City of Virginia Beach acquired title in and to
8 certain real property, a portion of which is described in Exhibit
9 "A" attached hereto; and
10 WHEREAS, the City Council is of the opinion that the
11 property is in excess of the needs of the City of Virginia Beach.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 That the property is hereby declared to be in excess of
15 the needs of the City of Virginia Beach, and that the City Manager
16 is hereby authorized to execute the attached Quitclaim Deed and
17 convey the property to Bayville Farms Associates, L.C.
18 This Ordinance shall be effective from the date of its
19 adoption.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 24 day of November , 1998.
22 CA -6280
23 tk\xcesprop\bayville.ord
24 R-1
25 PREPARED: 10/22/98
PROVED AS TO CONTENT
IS C%)5a'i
lic Works
APPROVED AS TO LEGAL
SUFFICIENCY
LAKE JOYCE
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BAYVI LLE
FARMS
LOCATION MAP
SHOWING EXCESS CITY PROPERTY, OLD NORFOLK
SOUTHERN RAILWAY CO. R /W ADJACENT TO FIRST
COURT ROAD, 50' STRI P(69,104 + SQ. FT. /1.59 ± AC.)
GPIN 1489-08-3001, BAYSIDE BOROUGH,
APPLICANT: BAYVILLE FARMS ASSOCIATES, L.C.
SCALE: 1" = 200'
14
PREPARED BY P/W ENG. DRAFT. 5/9/97
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' PUBLIC IN AND
EXHIBIT "A"
WING PROPOSED EXCESS CITY PROPERTY
\DJACENT TO FIRST COURT ROAD
MRC NIA BEACH, VIRGINIA
ENGINEERS • SURVEYORS • PLANNER
184 BUSINESS PARK DRIVE. SUITE 125. 1
(757) 490-?
• CHESIERFlELO COUN1 'dROI4
• .arprA% COUNI, AoCiN,•
OFrCE LOCAs
THIS QUITCLAIM DEED, made this day of , 1998, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, "GRANTOR"; and BAYVILLE FARMS ASSOCIATES, L.C., a Virginia limited liability
company, "GRANTEE", whose address is: C/O Stanton Partners, Inc., 470 World Trade Center
Norfolk, Virginia 23510.
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other
good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does
hereby quitclaim and release to the Grantee the interest of the Grantor, if any, in the following
described property, to -wit:
All that certain lot, piece or parcel of land situated in the City of Virginia Beach,
Virginia, shown as the dappled area and designated as "EXCESS CITY OF
VIRGINIA BEACH PROPERTY GPIN 1489-08-3001 D.B. 908 PG. 249 1.5873
AC." on that certain plat entitled "EXHIBIT "A" PLAT SHOWING PROPOSED
EXCESS CITY PROPERTY ADJACENT TO FIRST COURT ROAD" prepared
by Bengston, DeBell & Elkin, Ltd., dated December 1, 1997, and duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
'Map Book , at Page
This conveyance is made subject to such reservations, covenants, conditions, easements and
restrictions, if any, duly of record and constituting constrictive notice.
IN WITNESS WHEREOF, the City of Virginia Beach has caused its name to be hereunto
signed by its City Manager and its seal to be affixed and attested by its City Clerk, duly authorized.
GPIN 1489 08 3001
Prepared by Pender & Coward, P.C.
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the City
and State aforesaid, do hereby certify that , City
Manager, and , City Clerk, for the CITY OF
VIRGINIA BEACH, whose names as such are signed to the foregoing Deed, have acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of , 19
Notary Public
My Commission Expires:
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING THAT PORTION OF
FIRST COURT ROAD AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED: "PLAT SHOWING
A RE -SUBDIVISION OF LAND BETWEEN
PARCEL C-1 BAYVILLE FARMS ASSOCIATES,
L.C. DEED BOOK 2246 PAGE 819 AND CITY
OF VIRGINIA BEACH PROPERTY DEED BOOK
908 PG. 249 AND A PORTION OF EXISTING
FIRST COURT ROAD, A THIRTY FOOT PUBLIC
RIGHT -OF WAY AS SHOWN IN MAP BOOK 163
PAGE 40 BAYSIDE BOROUGH VIRGINIA
BEACH, VIRGINIA", DATED DEC. 3, 1997,
PREPARED BY BENGSTON, DeBELL & ELKIN,
LTD.,ATTACHED HERETO AND MADE PART
HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been given by Bayville
Farms, Associates, L.C., (the "Applicant"), that it would apply to the Council of the City of
Virginia Beach, Virginia (the "City Council"), on April 29, 1997, to have the hereinafter
described portion of street (the "Closed Street") discontinued, closed, and vacated; and
WHEREAS, the Applicant intends to develop the Closed Street as part of its
adjacent golf course facility; and
WHEREAS, it is the judgment of the Council that a portion of said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that
the hereinafter described street be discontinued, closed, and vacated:
ALL THAT portion of First Court Road shown as the hatched
area and designated as "EX. FIRST COURT ROAD (30"
R/W) AS SHOWN IN M.B. 163 PG. 40 HEREBY
VACATED (1.3075 AC. IN PROPOSED VACATION)" on
that certain plat entitled "PLAT SHOWING A RE-
SUBDIVISION OF LAND BETWEEN PARCEL C-1
BAYVILLE FARMS ASSOCIATES, L.C. DEED BOOK
2246 PAGE 819 AND CITY OF VIRGINIA BEACH
PROPERTY DEED BOOK 908 PG. 249 AND A PORTION
OF EXISTING FIRST COURT ROAD, A THIRTY FOOT
PUBLIC RIGHT -OF WAY AS SHOWN IN MAP BOOK 163
PAGE 40 BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA", Dated Dec. 3, 1997, prepared by Bengston,
DeBell & Elkin, Ltd., to be recorded simultaneously
herewith. (Map Book , Page )
GPIN: 1489 08 4024
SECTION II
This Ordinance shall not be recorded and title to the Closed Street shall not vest
in the Applicant until the improvements to Shore Drive/Baylake Road and Baylake Road/First
Court Road intersections planned as part of CIP Project 2-133 (Shore Drive Intersections) have
been completed. Thereafter, and upon the simultaneous recordation of a resubdivision plat
vacating internal lot lines and incorporating the Closed Street into the adjoining parcels, the City
Clerk shall cause this Ordinance to be recorded in the Office of the Clerk of the Circuit Court of
Virginia Beach, indexed in the name of the City of Virginia Beach, as Grantor, whereupon title
to the Closed Street shall vest in accordance with the Code of Virginia.
SECTION III
The City and the public at large shall continue to have the right to use the area of
the Closed Street in the same manner and to the same extent as such rights existed on the date of
the adoption of this Ordinance until such time as the improvements to Shore Drive/Baylake Road
and Baylake Road/First Court Road intersections, planned as part of CIP Project 2-133 (Shore
Drive Intersections) have been completed and this Ordinance is recorded.
ADOPTED by the Council of the City of Virginia Beach, Virginia, on this 24
day of November , 1998. FINAL APPROVAL
C 4 “I3
2
APPROVED AS TO LEGAL
HV HV011:13WV3Ai la3
A13iVS Y HVrativnJ
BAYVILLE FARMS ASSOCIATES, L.C.
Closure First Court Rd.
Bayside Borough
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7 --PLAT s....... A REPARC- 0.OF LAM BETWEEN -
BArnLLE FLAWS ASSOCIATES. LC.
DEED Boat 220 PACE eta
CITY OF VIRGINIA BEACH PROvfHi1'AND DEED BOOK 908 PC. 2t9
A POFMON OF COSMO FIRST COURT ROAD, A THIRTY FOOT PUBUC RIGHT -OF WAY
AS SHOWN IN M» BOOK 183 PAGE 40
` 8.4540E 000006.4 .4 .H.. BE•CH 0.4 ,,.
BENGTSON DEB7.L & EU:14 L 1L
(AOC YS • Slnxron • ILw.E1S • Lu1DSu.T OPIUM
lar 14401 S .•r• 1.•1 1v1' 01. 411)11. If4014.40.0.442 l0
4T..-1 490-!166
.. .,. a•rr
DISCLOSURE STATEMENT
April 7, 1997
E(S) OF APPLICANT(S)
Bayville Farms Associates, L.C.
E(8) OF ALL OWNERS (if different from applicant)
E OF APPLICATION:
Rezoning from to
Conditional Use Permit for
Street Closure X
Subdivision Variance •
BE COMPLETED BY OR FOR THE APPLICANT:
If the applicant is a,corporation, list`the officers of the corporation:
If the applicant is a partnership, firm or other unincorporated
' organization, list all members or partners in the organization:
See Exhibit A attached hereto
) BE COMP4ETED BY'`OR FOR THE OWNER (if different from applicant)
If the owner is a corporation, list the officers of the corporation:
or
. If the owner is a partnership, firm or other unincorporated organizatic
list all members or partnere in the organization:
Signature
Title
EXHIBIT A
Charles F. Burroughs, Jr.
Virginia P Burroughs
Calvert T. Lester
Eleanor T. Stanton
Charles F. Burroughs, III
Anne B. Babcock
Richard C. Burroughs
Luke M. Babcock
Bruce M. Babcock, Administrator of the Estate of S. Pope Babcock
Bruce M. Babcock, Custodian for Thomas Burroughs Babcock,
U.V.G.M.A.
Bruce M. Babcock
Sandra Burroughs
Richard C. Burroughs
Mary B. Burroughs
Richard C. Burroughs, Custodian for Charles Edward Burroughs,
U.V.G.M.A.
-38 -
Item V -K.5.
PUBLIC HEARING ITEM # 44336
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ALLOWED
WITHDRAWAL of an Ordinance upon Application of ACTORS AND ENTERTAINERS, INC, for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ACTORS AND
ENTERTAINERS, INC. FOR A CONDITIONAL USE PERMIT
FOR A PRIVATE CLUB
Ordinance upon application of Actors & Entertainers, Inc., for a
Conditional Use Permit for a private club on the east side of
Newtown Road, 250 feet more or less north of Virginia Beach
Boulevard. Said parcel is located at 470 Newtown Road and
contains 1.305 acres. DISTRICT 2 - KEMPSVILLE.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
- 39 -
Item V-%6.
PUBLIC HEARING ITEM # 44337
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED an
Ordinance upon application of OCEAN LAKES CHURCH OF GOD for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEAN LAKES CHURCH OF
GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND DAY
CARE FACILITY R011982236
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ocean Lakes Church of God for a
Conditional Use Permit for a church and day care facility on certain
property located on the north side of Dam Neck Road beginning at a point
400 feet more or less west of Gallery Avenue. Said parcel contains 2.32
acres. DISTRICT 6 - BEACH.
The following conditions shall be required:
1. The site plan and rendering entitled, "Church Building for Ocean
Lakes Church of God'; on file with the Planning Department
shall be substantially adhered to. Trees shall be preserved as
shown on the plan.
2. Required best management practices (BMPs) shall be addressed
by utilization of a regional BMP, if deemed appropriate by the
City, or by providing BMPs on site.
3. Noise attenuation measures are required with the construction of
the church building. The roof ceiling and exterior walls shall
have a minimum sound transmission class (STC) of 49. Doors and
windows shall have a minimum of 38 STC.
4. All lighting for the site must be directed in toward the site,
designed and installed so as to prevent glare in the adjacent
residential area to the north.
5. The maximum seating capacity of the church sanctuary may not
exceed 250.
6. The existing easement to General Booth Boulevard shall not be
used for vehicular access.
This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty fourth of November, Nineteen
Hundred and Ninetv-Eight.
November 24, 1998
Item V -K.6.
PUBLIC HEARING
PLANNING
Voting: 11-0 (By Consent)
Council Members Voting Aye:
-40-
ITEM # 44337 (Continued)
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroldHeischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
Item V-IL7.
PUBLIC HEARING
PLANNING
- 41 -
ITEM # 44338
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED
Ordinance upon Application of MR & MRS. PHILIP WAYNE MUNDEN, JR, for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MR. & MRS. PHILIP WAYNE
MUNDEN, JR., FOR A CONDIOTNAL USE PERMIT FOR AN
ALTERNATIVE RESIDENTIAL DEVELOPMENT RO11982237
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mr. & Mrs. Philip Wayne Munden, Jr., for
a Conditional Use Permit for an alternative residential development at the
northwest corner of West Neck Road and Princess Anne Road. Said parcel
is located at 4164 West Neck Road and contains 23.283 acres. DISTRICT
7 - PRINCESS ANNE.
The following conditions shall be required:
1. A suitable legal instrument restricting the development of the
property to no more than three residential building lots shall be
submitted with the final subdivision plat, and shall be recorded in
the Clerk's Office of the Circuit Court. The content and form of
such instrument shall be acceptable to the City Attorney.
2. A one foot no ingress/egress easement shall be dedicated along
the frontage of the property on Princess Anne Road and run
westerly down West Neck Road a minimum of 150', in accordance
with the recommendations of Traffic Engineering.
3. A 50' vegetated buffer, as described in the Comprehensive Plan's
Rural Residential Guidelines, shall be installed along all
residential property lines where they abut an active agricultural
operation. The required buffers shall be planted prior to
occupancy of the residential lots.
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 Twenty fourth of November, Nineteen
Hundred and Ninetv-Eight
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroldHeischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
Item V -K.8.
PUBLIC HEARING
PLANNING
- 42 -
ITEM # 44339
John Carlson, 629 Bethune Drive, Phone: 486-2361, registered in OPPOSITION
Upon motion by Council Lady McClanan, seconded by Council Lady Eure, City Council DENIED an
Ordinance upon application of BETTY L. CROSS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BETTY L. CROSS FOR A
CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
Ordinance upon application of Betty L. Cross for a Conditional Use Permit
for a residential kennel on the east side of Bethune Drive, south of the
intersection with Lee Highlands Boulevard. Said parcel is located at 625
Bethune Drive and contains 8800 square feet. DISTRICT 3 - ROSE HALL.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
Item V -K9.
PUBLIC HEARING
PLANNING
- 43 -
ITEM # 44340
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Eure, City Council ADOPTED an
Ordinance upon Application of NICK & CATHYANN PULIZZI for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF NICK & CATHYANN PULIZZI
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B- IA
TO R-20 ZO1198
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nick & Cathyann Pulizzi for a Change of
Zoning District Classification from B -1A Limited Community Business
District to R-20 Residential District at the southwest intersection of Dam
Neck Road and Bold Ruler Drive. The proposed zoning classification
change to R-20 is for single family residential land use on lots no less than
20,000 square feet. The Comprehensive Plan recommends use of this parcel
for retail use in accordance with other Plan policies. Said parcel is located
at 615 Dam Neck Road and contains 1.66 acres. DISTRICT 7 - PRINCESS
ANNE.
This Ordinance shall be effective in accordance with Section 107 W of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty fourth of November. Nineteen
Hundred and Ninety -Eight
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Linwood 0. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
- 44 -
Item V -L.1.
APPOINTMENTS ITEM # 44341
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
November 24, 1998
-45 -
Item V -N.1.
NEW BUSINESS ITEM # 44342
Upon motion by Councilman Branch, seconded by Council Lady Eure, City Council SCHEDULED CITY
COUNCIL SESSIONS for DECEMBER 1998:
December 1, 1998
December 8, 1998
December 15, 1998
The City Council Session of December 22, 1998, has been CANCELED.
Voting: 11-0
Council Members Voting Aye:
2:00 PM
2:00 PM
2:00 PM
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1998
-46 -
Item V -N.2.
NEW BUSINESS ITEM # 44343
BY CONSENSUS, City Council ACCEPTED FOR RECORDATION BY CONSENSUS, theABSTRACT OF
VOTES:
City of Virginia Beach General Election - November 3, 1998
November 24, 1998
- 47 -
Item V -N.3.
NEW BUSINESS ITEM # 44344
BY CONSENSUS, City Council ACCEPTED FOR RECORDATION:
ABSTRACT OF LEGAL CASES RESOLVED - October 1998
November 24, 1998
-48 -
Item V -N.4.
NEW BUSINESS ITEM # 44345
Mayor Oberndorf advised the National Multiple Sclerosis Society had a luncheon this past weekend and
awarded the Corporate Service Award to the City of Virginia Beach.
The Society believed the City's outstanding performance demonstrated the commitment to serving the
community, the National Multiple Sclerosis Society and the individuals with Multiple Sclerosis. For fiveyears,
there has been a Walk on the Virginia Beach Boardwalk to raise funds. The ladies and gentlemen in the
permits office, police officers, the rescue squads and all personnel have been extremely gracious and
unselfish in their service.
Mayor Oberndorf expressed appreciation to the City Manager and the City Employees.
November 24, 1998
-49 -
Item V -O.
ADJOURNMENT ITEM # 44346
Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 7:55 P.M.
Beverly O. Hooks, CMC/AAE
Chief Deputy City Clerk
uth Hodges Smith, CMC/AAE
City Clerk
City of Virginia Beach
Virginia
Meyera E. Oberndorf
Mayor
November 24, 1998
Nort1irginiaBeach
CiviLeague
Dear North End resident:
On November 24, 1998, the ARE expansion project came before city council. At that meet-
ing, council deferred action on this project, and requested input from the members of the North
Virginia Beach Civic League.
In response to their request, our general membership meeting will be held on Tuesday, Janu-
ary 19, 1999 at 7:30 P.M. at Galilee Episcopal Church. The main thrust of this meeting will be
to allow the ARE and a group of concerned citizens opposed to the project the opportunity to
speak directly to North End residents. After their presentations, we will have a brief question
and answer period. Residents will then be asked to vote on this issue, with the results reported
back to city council.
My role in this matter will be to facilitate the meeting, create a forum for both sides to present
their views, and report the disposition of the residents in this matter to city council.
In order that this meeting is a successful one and that our residents are fully informed, you
will find enclosed a summary of each side's position — prepared by them - regarding this project.
Whether a member of the league or not, I encourage all North End residents or property
owners to attend this very important meeting. In accordance with the league's by-laws, you must
also be at least 18 years old in order to cast a ballot.
To ensure that those casting ballots are — in fact — North End residents or property owners,
you will need to bring proof of your residency or ownership if you want to vote on this issue. A
current driver's license, utility bill or tax assessment statement are examples of such proof.
Finally, I have made council members aware that, although the league is comprised of North
End residents, we do not represent each and every land owner/resident between 42nd Street and
89th Streets, and have no mechanism to contact each and every landowner/resident to solicit their
feedback on this issue. This vote will simply provide city council with as much information as
we can gather from the league's membership.
I look forward to seeing you January 19 as we attempt to meet that obligation.
S:ncerely,
Zjl
William D. Almond
President
Stop Commercial Development At The North End
The Association for Research and Enlightenment (A.R.E.) has proposed to construct a 25,000
SF, three-story, office building that will be located behind their existing library building. As
concerned residents, we oppose this proposed construction for the following reasons.
1. The proposed building will be 3 -stories high, 53 feet tall, contain 25,000 SF and will lie 18
feet from the street instead of the 30 feet required by current zoning regulations. It should be
noted that this proposed building will be the largest building on the A.R.E. site and will rise
approximately 18 feet above the white administration building that rests on top of the hill at
the end of 67t Street.
2. The existing uses located on the A.R.E. site are non -conforming uses based on the underlying
R -5R (Resort Residential) zoning. Only City Council has the_ authority to expand a non-
conforming use.
3. The A.R.E has never fully disclosed how the building will be used once constructed. It is
very likely that the building will be open to the public for massages and colonics.
4. The site plan of the proposed building shows an additional 46 parking spaces will be
developed. If this building were to be constructed anywhere else in the City, the Zoning
Department would require at least 93 parking spaces. Should the surrounding residences be
burdened with the lack of 47 parking spaces?
5. The A.R.E. site will contain over 63,000 SF of gross building area if the building is approved
by City Council.
6. The proposed building will increase traffic, noise and congestion on Atlantic Avenue and the
surrounding side streets.
7. The proposed building will impact the real estate property values of the surrounding
residents.
8. One of the purposes of the North Virginia Beach Civic League is "To maintain the residential
character of the area; to resist application for authority to use any properties in North
Virginia Beach for any purpose inconsistent with present zoning; and to resist applications
for any adverse changes in such zoning." The proposed building will alter the residential
character of the North Beach community and will open the door for more commercial
development within our residential neighborhood.
On January 19, 1996 at 7:30 PM at Galilee Episcopal Church, North Beach Residents will be
asked to vote on this proposed expansion. Please plan to attend this meeting to help us fight this
intrusion in our neighborhood. Thank you.
Stop Commercial Development At The North End
The Association for Research and Enlightenment (A.R.E.) has proposed to construct a 25,000
SF, three-story, office building that will be located behind their existing library building. As
concerned residents, we oppose this proposed construction for the following reasons.
1. The proposed building will be 3 -stories high, 53 feet tall, contain 25,000 SF and will lie 18
feet from the street instead of the 30 feet required by current zoning regulations. It should be
noted that this proposed building will be the largest building on the A.R.E. site and will rise
approximately 18 feet above the white administration building that rests on top of the hill at
the end of 67t Street.
2. The existing uses located on the A.R.E. site are non -conforming uses based on the underlying
R -5R (Resort Residential) zoning. Only City Council has the authority to expand a non-
conforming use.
3. The A.R.E has never fully disclosed how the building will be used once constructed. It is
very likely that the building will be open to the public for massages and colonics.
4. The site plan of the proposed building shows an additional 46 parking spaces will be
developed. If this building were to be constructed anywhere else in the City, the Zoning
Department would require at least 93 parking spaces. Should the surrounding residences be
burdened with the lack of 47 parking spaces?
5. The A.R.E. site will contain over 63,000 SF of gross building area if the building is approved
by City Council.
6. The proposed building will increase traffic, noise and congestion on Atlantic Avenue and the
surrounding side streets.
7. The proposed building will impact the real estate property values of the surrounding
residents.
8. One of the purposes of the North Virginia Beach Civic League is "To maintain the residential
character of the area; to resist application for authority to use any properties in North
Virginia Beach for any purpose inconsistent with present zoning; and to resist applications
for any adverse changes in such zoning." The proposed building will alter the residential
character of the North Beach community and will open the door for more commercial
development within our residential neighborhood.
On January 19, 1996 at 7:30 PM at Galilee Episcopal Church, North Beach Residents will be
asked to vote on this proposed expansion. Please plan to attend this meeting to help us fight this
intrusion in our neighborhood. Thank you.
A.R.E. Building Expansion
Brief answers to the questions being asked most often of A.R.E. about its proposed expansion of facilities.
Q. Why does the A.R.E. need another building all of a sudden?
Our facilities inadequately match our staff requirements. For example, we have had to hold some of our
classes for the Massotherapy School in the lobby of the historic budding, rerouting visitors and staff up back
staircases to keep from interrupting classes. We have some office personnel located one floor above our
maintenance shop and subject to noise disruptions.
A new building has been part of our plans since 1983. In fact, we sought and obtained City approval 14 years
ago for a new building on the very site where we now propose to build. (That approval was for a building
smaller than we now realize we are going to need to fulfill our mission.) Rather than move ahead with
construction in the mid-1980s, our Board of Trustees decided to reprioritize objectives, and we instead
focused on a capital project related to the complete computerization of the Cayce readings information — a
project now entirely completed.
Our activities and outreach continue to grow, particularly in regard to educational and research services that
we provide to our members and friends throughout the world. Our long-range plan for the early part of the
21st century includes the supervision from Virginia Beach of more activities at a state, regional, national, and
intemational level. This "service -at -a -distance" by our staff requires greater office space.
Q. Why couldn't a new building be constructed somewhere else?
The 67th Street site has deep, historic significance for A.R.E. and its members, starting with the establishment
of the Cayce Hospital in 1928 when there was virtually nothing else at the North End. Nevertheless, we
explored many possible solutions to our space needs, including alternatives such as building at Corporate
Landing or renting office space elsewhere. Some options were clearly not cost-effective for us, particularly
since we anticipate needing only one additional building. The major drawback to renting space elsewhere
relates to the close inter -dependence of various functions within the A.R.E. Switching to a "two -campus"
operation will require redundancies in certain in-house services. What's more, our various departments rely
heavily on ease of communications to operate effectively, and our conferees and visitors need accessibility to
all our various services. Having two sites will make it considerably harder to fulfill our mission and to make
best use of our people and dollar resources.
Q. What is going to go on inside that new building?
The new building will be for education and health research activities. There is no new auditorium. There is
no new commercial activity. Housed in the new building will be our Health Services Department, allowing it to
move from outdated facilities in the ground floor of the old Cayce Hospital building — where the department
has been forced to share space with the practical training portion of the Massotherapy School curriculum.
Also housed in the new building will be some classroom space for the Massotherapy School, ending the
inefficient doubling -up of space usage in the historic building and the Library/Conference Center.
This new building will also be the home for our growing Health and Rejuvenation Research activities, which
include a staff available to work with research participants at -a -distance, as well as at our Virginia Beach
facility. Also housed in this new building will be staff for our national and international Study Group Program,
plus a suite of executive offices and a meeting room for our Board of Trustees. In addition to the new
building itself, we are planning extensive new landscaping and garden areas to upgrade the look of our site.
Q. Won't a new building just create more parking congestion?
We have studied the parking issue very carefully. It is certainly not in the best interest of A.R.E. to conduct
operations where its staff, friends, and visitors cannot find a place to park. The site plan for the new building
includes increased parking derived from creating an extension to our lower level lot, and by paving/striping
the upper level lot for greater efficiency. These new parking spaces are adequate to meet the slight increase
in staff and visitors generated by the new building. We don't anticipate any increase in noise or congestion.
Q. Why does the proposed building design call for a structure that is so large?
Our initial application of early summer 1998 to the City was for a new building of 22,500 square feet. We also
planned to renovate the 30 -year-old, white, cinder -block building (VVynn Building), which is badly in need of a
Over please
new roof and could obviously use cosmetic improvements. In that design solution, the proposed new building
had many of the architectural features of the Library/Conference Center.
In mid -summer Civic League leaders approached us and asked us to explore a different approach to the
design — one that would be more in keeping with the residential flavor of the North End. We agreed to a
deferral of our appearance before City Council and worked diligently with representatives of the Civic League
to come up with a win-win solution — one that would do a better job capturing the residential feeling of the
North End and still get A.R.E. the expanded square footage needed.
The "cottage design" of the historic building was used as a model. That design will cost A.R.E. about
$200,000 more to build, but we have agreed to absorb those costs in the spirit of continuing to be a good
neighbor. The cottage design, however, loses certain space efficiencies that come from the "boxier" design
we had come up with earlier. Our architect had to work with several requirements:
1) The actual usable space had to remain the same (Le., after elevator shafts, bathrooms, hallways, etc.
were subtracted);
2) The cinder -block Wynn building should be incorporated into the overall structure, thereby visually
"removing" what many residents have considered an eyesore.
3) The `footprint" of the new structure should be no bigger than the earlier design — and if anything it
should be smaller, so as to fully maintain the integrity of the present Meditation Garden.
4) The peaked -roof, residential -look design of the cottage style had to be feasible from an engineering
and architectural standpoint.
The cottage design works only by having a two -and -a -half story structure — that is, dormer windows and a
reduced floor space layout for the third story. In other words, this considerably more residential -looking
building necessitates a structure that is taller than would have been required if we stuck with the boxier
variation on the Library/Conference Center theme. The new design calls for a 25,000 square foot building —
Iarger than our previous proposal because that third floor is required to have an elevator shaft, hallways,
bathrooms, closets, etc.
What's more, by "wrapping up" the cinder -block building into the new structure, we need to construct the new
portion on -center with the cinder -block building, which creates a footprint that encroaches on the normal
setback distance from the curb. The setback for the new building would approximate the setback which the
City approved for the Library/Conference Center.
Q. What is the A.R.E. asking of the City Council and of the NVBCL?
Our application to the City is for a permit based on our zoning status as "non -conforming use." We hope to
bring to a conclusion the cooperative planning spirit that has been achieved with Civic League leadership
over the last few months. Everyone has been working very hard to find a win-win solution. Although we
recognize that some residents don't want any new construction on our site, we hope that on January 19th at
least a majority of Civic League members will vote not to oppose the compromise design solution.
n � ? 0. �f-•...�i •
5.. F �+ n••;' f"� ��f ^� Renovated
cinder block
Wynn Building
t tl 2 4'..•r.-7
Historic Cayce ,..-
Hospital Building .Ni,;