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MARCH 5, 2002 MINUTESCitv of Virginia lae ch "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E OBERNDORE At-Large VICE MAYOR WILLIAM D SESSOMS. JR, At-Large LINWOOD 0 BRANCH, 11I, Beach -Dtstrtct 6 MARGARET L EURE, Centervtlle -Dtstrtct 1 WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5 BARBARA M HENLEY, Princess Anne -Dtstrtct 7 LOUIS R JONES, Bayslde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2 NANCY K PARKER, At-Large ROSEMARY WILSON, At-Large JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES-SMITH, MMC, Ctty Clerk CITY COUNCIL AGENDA O~ OUR #1~0~ CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@ ctty vtrgtnta-beach va us March 5, 2002 I CITY MANAGER'S BRIEFINGS - Conference Room- 2:00 PM Ao Bo Co VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo, Volunteer Co-Ordinator STRIVING FOR EXCELLENCE James K Spore, City Manager OPEN SPACE SUBCOMMITTEE QUARTERLY REPORT Barry Frankenfield, Design & Development Adm~mstrator II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS W INFORMAL SESSION - Conference Room- 3:30 PM A CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Tommy Taylor London Bridge Baptist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS February 26, 2002 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. VIRGINIA BEACH CRIME TASK FORCE Alan Alto L~nwood O. Branch, m Martha Coles Frank Drew Charles Gardner Robert Humphreys Edward G Kreyhng, Jr. Martin J. Muldemg Nancy K. Parker Scott G. Schrmer Dr. Marcella F Whltson Jeff Bates, Jr. James W. Brazier, Jr Capt. Donald R. Denault John Fermeha Lockett Gamett Timothy Jackson Dr. Brian Matney Gaff Nflsen Joy Marie Polefrone Charles Wall Barbara Wills Jane Brooks Dr. E T. Buchanan James K. Denson Alvaro Flncher Richard E. Gamott, Jr Ch~efA M. Jacocks Damelle Miranda Kenneth F Palmer H. "Les" Powell, Jr., Frances L. Warren Shirley M. Wood I. PUBLIC HEARINGS 1. FARMERS' MARKET LEASES Cheryl's Country Cookln' The Nesting Box Skipper' s Produce 2. CONVEYANCE OF CITY'S UTILITY EASEMENT - Little Neck Neighborhood Park J ORDINANCES lo Ordinance to authorize the City Manager to lease spaces at the Virginia Beach Farmers' Market: (PRINCESS ANNE- DISTRICT 7) ao Cheryl Hummer, d/b/a "Cheryl's Country Cookln' - Space 26 Fred and Linda Jordan, d/b/a "The Nesting Box," - Space 2 Bill and Linda Skipper, dPo/a "Skipper's Produce,"- Space 9 Ordinance re conveyance of a permanent utility easement on City-owned property, known as Little Neck Neighborhood Park, to VERIZON VIRGINIA, INC.; and, authorize the City Manager to execute a Deed of Easement. (LYNNHAVEN - DISTRICT 5) . Ordinance to ACCEPT and APPROPRIATE $230,037 from the Commonwealth of Virginia through the Virginia Tourism Corporation to the FY 2001-02 operating budget of the Department of Convention and Visitor Development re the Coastal Virginia Getaways and the Rock 'N Roll Half Marathon tourism programs; and, estimated revenue from the Commonwealth be increased accordingly. Ordinance to revise the terms of members of the Review and Allocation Committee (COIG). (Requested by Council Members Reba S. McClanan and Nancy K Parker) K. PLANNING . Applications of WEST NECK PROPERTIES, INC., at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (PRINCESS ANNE- DISTRICT 7) go Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum pavement width for interior streets bo Change of Zomng District Classfficatlon from AG-1 and AG-2 Agricultural District to Conditional R- 15 Residential District c. Conditional Use Permit re Open Space Promotion Deferred: January 22, 2002 Recommendation: APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - REVISED C~ty Manager's FY 2002-2003 Proposed Resource Management Plan Council Chamber March 26th Presentation 6 PM Council Workshop Economic Vitality, Safe Community, Policy and Decision Support Council Conference April 2nd room Council Workshop Quality Education for Lifetime Learning Council Conference April 9th room Council Workshop Quality Physical Environment & Operational Support Council Conference April 16th room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April 18th Plan School 6 PM Council Workshop Cultural & Recreational Opportunities, Family & Youth Council Conference April 23rd Opportu reties room Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber April 23rd Plan 6 PM Council Workshop Reconclhation of outstanding resource issues Council Conference May 9th Room Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14th Resource Management Plan (will include Public Hearln~) If you arc 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- Tclcphomc Dcvlcc for the Deaf) 06/01/95BAP AGENDA\06-06-95.PLN www.wrglma-beach.va, us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 5, 2002 Mayor Meyera E Oberndorf called to order the City Manager's Briefing re the VOLUNTEER COUNCIL ANNUAL REPORT tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 5, 2002, at 2 O0 P M Counctl Members Present Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr [On Vacatton with Faintly (Spring Break)] -2- CITY M/INA GER 'S BRIEFING VOL UNTEER COUNCIL ANNUAL REPORT 2:00 P.M. ITEM # 49359 Mary Russo, Volunteer Co-Leader, announced she came as the "bearer of good news" and expressed apprectatton to Susan B Walston, Chtef of Staff and Co-leader of the Volunteer Council Mrs Russo tntroduced Martetta Connor, Technology Chatrman - Volunteer Counctl Mrs Russo ctted the Mission Statement The Virginia Beach Volunteer Council exists to promote volunteertsm wtthtn the Vtrgtnta Beach government agenctes to enhance the economtc, educattonal, soctal and phystcal qualtty of the communtty and to support muntctpal servtces valued by the ctttzens Mrs Connor advtsed the number of volunteers have tncreased over the last five years Mrs Connor advtsed approxtmately ten (10%)percent of the City's Volunteers are youth under the age of etghteen (18) The youth gravttate to the one-ttme opportuntttes as "Clean the Bay Day" rather than to the ongotng "hour butldtng" volunteer opI~ortuntttes, however, the youth ts sttll betn~ exI~osed to the rewards of volunteertsm ANNUAL REPORT COMPARISONS Fiscal Year Number of Hours Worked FTE Equtvalent Dollar Value Volunteers 96/97 10,293 1,564,190 752 $16, 710,147 97/98 1 O, 418 1,592,900 766 $17,329,946 98/99 11,635 1,819, 923 875 $19, 660, 288 99/00 14, 912 1,961,807 943 $20, 069, 822 00/01 15,945 1,4 77,209 710 $16,245, 640 Mrs Walston and Mrs Russo presented the Mayor and Ctty Councd a "check" tn the amount of $16,245,640 (value of the Volunteer Servtce) Thts equates to a tax savtngs of seven cents on the tax dollar Thts does not even tnclude School volunteers A CHIE VEMENTS IN EXCELLENCE Ftscal Year 2000/2001 Hours Value Emergency Medtcal Servtces 446,196 $6,449,304 Shertff's Office 560, 0 74 $4,614,64 7 Parks &Recreatton 156, 709 $1,084,184 $100,000 OVER/ICHIEVERS Department Hours Value ~4grtculture 35,013 $ 592,182 Commumty Serwces Board 21,395 $ 381,467 Ftre 20,698 $ 292,487 General Servtces 17,518 $ 235,219 .luventle Court Servtce Umt 11,909 $ 281,441 Museums and Cultrual ~4rts 11 O, 545 $ 985, 399 Pendleton Chtld Service Center 8,660 $ 131,158 Pohce 24,303 $ 261,236 Pubhc Ltbrartes 22, 622 $ 190, 3 78 Soctal Servtces 17,042 $ 234,292 March 5, 2002 -$- CITY MANA GER 'S BRIEFING VOL UNTEER CO UNCIL ANNUAL REPORT ITEM # 49359 (Continued) Mrs Russo ctted other Highlights: Volunteers with over 20years of service. One volunteer has over 30years of service School Volunteers - approximately 12,000 with close to 250,000 hours Certified Volunteer Coordinators - 75 Training- "Volunteer Visions" April 30, 2002 Other Recognition o four Volunteers Cornell Fuller recipient of Jefferson Award (WA VY-TV 1 O) Ed Clowes and Lillie Gilbert recipients of Volunteer Award by Virginia Beach Rotary Future Improvement - Performance measures to capture outcomes of volunteer efforts. Volunteertsm ts our hnk to the community The ctttzens need to be apart of the Ctty government Mrs Russo advtsed the Court Docents are also tncluded tn the Volunteer Annual Report Mayor Oberndorf expressed apprectatton and referenced an arttcle tn the U S Conference of Mayors' newspaper relattve our Ctty volunteers The Mayor advtsed ctttes throughout the Untted States hold the Ctty's voIunteerprogram tn absolute awe The Mayor, Mrs Russo and other selected volunteers wtll attend and complete further training thts Fall relative the 5th International Conference and Symposium for Volunteerism in our Sister City of Miyazaki, JAPAN. Counctl Lady Eure suggested a synopsis of the Volunteer Report be placed tn the City Page March 5, 2002 -4- CITY MANA GER 'S BRIEFING STRIVING FOR EXCELLENCE ITEM # 49360 2:26 P.M. The Ctty Manager advtsed a copy of the report, Striving for Excellence, Virginia Beach: d Quality Government Organization report was chstrtbuted to Ctty Council The Report ts compiled by seventeen (17) members and he commended them for thetr dedtcatton and enthustasm, while worktng collaborattvely to prepare the accomphshments of the organtzatton Karen Akers Carole Arnold /1 udit Services Sandra Blake-Brimson Chris Bolin Renee Chupik Debby Collins Marilyn Crane Judy Faro Angela Gainer Pam Matthias Donna Mickley City/Schools Printing Staff Connie Pallette ~Inn Trace Sheri Waghalter Susie Walston Thts ts the ntnth year of reporttng the accomphshments of the orgamzatton In earher years, this report was entttled "The Quality and Productivity Report" Thts annual report documents tntttattves both large and small, tangtble and intangible, whtch reflect our organtzattonal values and contrtbute to the conttnued success of the Virginia Beach Quality Services System Thts report reflects the organtzatton's ongotng commttment to provtdtng qualtty service tn a producttve, effictent and cost-effecttve way It ts a trtbute to the creattve vtston, determtnatton and hard work put forth by our Members who are strtvtng to achteve excellence tn pubhc servtce and to butld, nurture and sustam the Ctty of Vtrgtnta Beach as a "Community for a Lifetime." The staff would not be able to brtng forward a balanced budget, without a tax tncrease, tf not for the volunteer program and the tmprovements made by Ctty departments tn the year 2001, whtch resulted tn $13.9-MILLION worth of savings in City expenditures $ 9.9-MILLION in costs avoided $ 7. 7-MILLION in new revenue Signification improvements to City programs and services 136 Service enhancements through improved customer service 77 Service enhancements through increased productivity 104 Process improvements 57 Technology improvements implemented Mr Spore ts extremely proud of the Ctty Counctl's vtston for our Ctty and the organtzatton's ongotng response to make that vision a reahty tn the most cost-effective manner An Executive Summary of thts report wtll be forwarded to communtty leaders, vartous ctvtc and other servtce organtzattons throughout the ctty Vtrgtnta Beach ts recogmzed as a Nattonal leader tn terms of provtdtng cost-effecttve servtces and the actual tmplementatton of tnnovattve tdeas There will probably be approximately 400 or 500 requests for thts document Mayor Oberndorf advtsed thts excellence ts reflected tn Vtrgtma Beach betng declared the Safest City in the United States with a population between 350,000 and 750,000. Vtrgtnta Beach also recetved honors for betng the best place for Women and their families to live. Counctl Lady Henley referenced the arttcle relative Prestdent Bush's tour to promote volunteertsm tn Sunday's Vtrgtntan-Ptlot This City's and Schools' wonderful program for volunteertsm and the non-profit organtzattons and churches whtch functton through volunteers Thts Ctty has to be at the peak Our ctttzens are to be commended for their attttude of shartng The Prestdent does not need to come to Vtrgtnta Beach to promote volunteertsm March 5, 2002 -5- CITY MANA GER 'S BRIEFING STRIVING FOR EXCELLENCE ITEM # 49360 (Continued) Mayor Oberndorf advtsed she had forwarded correspondence to the Prestdent referenctng our wonderful volunteertsm However, she learned that they are just beginmng to open marl from October 2001 due to the Anthrax sttuatton Therefore, she wtll fax and E-mad this correspondence Counctl Lady Henley advtsed the extra currtcular acttvtty of the Ctty Staff relattve volunteertsm ts to be commended Counctl Lady Henley recogntzed the rectptent of the Rotary Award, Lillie Gilbert, ts tn attendance March 5, 2002 -6- CITY MANA GER 'S BRIEFING OPEN SPA CE SUBCOMMITTEE Q UAR TERL Y REPOR T ITEM # 49361 2:35 P.M. Barry Frankenfield, Planner- Parks and Recreatton, tntroduced Kelly R Thorp -Chatr and Ltlhe R Gtlbert, Vtce-Chatr- Open Space Subcommtttee Mr FrankenJ'ktled expressed apprecatton to Counctl Members Eure and Henley, Ltatsons to the Open Space Subcommtttee, who have attended all the meettngs He advtsed the Open Space Subcommittee was appotnted May 22, 2001 to Prioritize the acquisition of property identified in the Outdoors Plan 2000 Update. Oversee funding in CIP's 4.004 Open Space Program Site Acquisition Meet at least monthly to accomplish objectives. Summary of Outdoors Plan Properties Sixteen (16) general areas were identified in the Outdoors Plan for Open Space (28 sites with over 50 separate parcels) throughout the City Two (2) Greenways were identified: Stumpy Lake - Back Bay Greenways West Neck Creek Greenway Mr Frankenfield advtsed color coded maps outhne the Site Acquisition Status Summary of Properties Acquired Five (5) sites, approximately 1,532 acres, tdenttfied tn Outdoors Plan, were acqutred Little Neck Road: 6 8 acres, zoned restdenttal duplex - $2,200,000 (acqutred.luly 2000) Stumpy Lake: 1,500 acres, zoned Preservatton- $13,000,000 (acqutred May 2001) Potters Road Property (aka Thumel Property) 10 28 acres - $1,500,000 (acquired August 2001) First Colonial Road (aka Yoder-Batnes) Property 11 acres - $835,000 (acquired November 2001) Amhurst site, 2 8 acre portton - $159,000 (acqutred February 2001) The first response to acqutrtngproperttes ts the tnstallatton of stgns Mr Frankenfield &splayed an example of the stgnage VIRGINIA BEA CH Community for a Lifetime Preserving Open Space Stumpy Lake Lost to Development Stx (6) Stte/Areas, a total of 262 acres were lost to development or not for sale Chimney Hill~Green Run - Rezoned Beach Garden Park - Rezoned Great Neck Road - developed Plaza Trail Area - under development Sandbridge Road - determined not for sale Portton of Amhurst - under development March 5, 2002 -7- CITY MANA GER 'S BRIEFING OPEN SPA CE SUBCOMMITTEE Q UAR TERL Y REPOR T ITEM # 49362 (Continued) Six (6) Areas are tn some state of evaluatton for purchase Central Bayside Site "B" (Williams Farm) - 75 acres Pleasure House Point Site - 107 acres Lake Edwards Park - 4 acres Indian River Road Site "A" (Brenneman Farm) - 198 acres Dinwiddie Circle- 1 acre Washington Square - 6 acres (+/-) Properties Evaluated not in Outdoors Plan Lake Lawson Area 6.8 acres' Contract pending Lake Smith Fishing Center 14 Appraisal pending Princess Anne Road Properties 49 Appraisal complete Princess Anne Road/Hill 42 Offer to sell by owner Property 6 Washington Square Replace Great Neck Road Site, fulfill park need, request by civic league Rudee Heights .88 Request by civic league Mostiler property 48 Offer to sell by owner Macrae property 2.5 Offer to sell by owner Benedetto property 17 Offer to sell by owner The Ctty Manager advtsed the Open Space Subcommittee wtll provtde quarterly reports, although not necessartly a formal presentatton before Ctty Counctl Spectfic recommendattons on some of the properttes will be discussed during the Closed Session Counctl Lady Wtlson tnqutred relattve the Williams Farm and the posstbtltty of constdertng thts land for the Agricultural Reserve Program Mr Frankenfield advtsed the ARP program ts structured for properttes below the Green Ltne The Ctty Manager also advtsed the development rights would be close to the value of fee stmple acqutsttton Mayor Oberndorf referenced the acqmsttton of the land around Lake Lawson and Lake Smith was requested by the ctttzens Counctl Lady Henley advtsed thts whole process has been a model for citizen involvement Thts program actually commenced when the Ctty Counctl agreed to appotnt a commtttee to examtne the posstbthty of developtng, tn the northern portton of the Ctty, a companion Open Space Program to the Agricultural Reserve Program tn the southern portton of the Ctty Thts commtttee was gtven a deadhne of December 30, 1998, to complete a study of Open Space and the questton of the Agricultural Reserve Program tn the Transition Area At Ctty Counctl's dtrectton to move forward, a very mtense body of work led to the Outdoors Plan 2000 Update, whtch encompassed ctttzen surveys, focus groups, meetmgs tn each of the vottng chstrtcts and one city-wide meettng There were many tnnovattons such as the People's Choice Voting Board whtch tnvolved ctttzens Counctl Lady Henley beheves thts to be a successful program because of he intense citizen involvement throughout the process On January 23, 2001, the City Council adopted the Virginia Beach Outdoors Plan as the gutdance document for open space and recreattonal planntng and wtll mtegrate thts plan as part of the next revtston of the Ctty's Comprehenstve Plan Counctl Lady Henley ts very tmpressed wtth the range of knowledge and senstttvtty comprtstng the membershtp o.[ the Open Space SubCommittee Counctl Lady Henley expressed apprectatton to the stafffor thetr unselfish dedtcatton, the Commtttee and the ctttzens Counctl Lady Eure concurred Mayor Oberndorf expressed apprectatton on behalf of the Great Neck restdents for locatton ora place for stormg of canoes and crewtng March 5, 2002 -8- AGENDA RE VIE W SESSION 3:00 P.M. ITEM # 49363 J1 Or&nance to authorize the City Manager to lease spaces at the Vtrgtnta Beach Farmers' Market: (PRINCESS ANNE- DISTRICT 7) a Cheryl Hummer, d/b/a "Cheryl's Country Cooktn' - Space 26 b Fred and Ltnda Jordan, d/b/a "The Nesttng Box," - Space 2 c Btll and Ltnda Skipper, d/b/a "Sktpper's Produce, "- Space 9 Concerntng leastng of spaces tn Farmers' Market, Councd Lady Eure referenced the responstbthty of the Ctty to pay for water and sewer, and, tn most cases, electrtcal servtces Counctl Lady Eure advtsed Cheryl's Country Cooktn, ts a restaurant, uses more electrtcal power than just hghts She asked tf the Ctty ts paytng utthttes tncludtng electrtc for all of theseproperttes ? The rent received could exceed the electmcal charges Jack Whttney, Dtrector of Agrtculture, advtsed or&nary and customary apphances tn keeping wtth the busmesses are covered by the Ctty If there ts somethmg unusual, an apphance whtch was not requtred as the bustness ts a htgher user of electrtctty or water, thts cost would be negottated but tncluded tn the rent In the case of the restaurant, the Ctty owns the refrtgeratton equtpment, however, the tenant wtll take responstbthty for the matntenance upon executton of the lease Mr Whttney wtlt provtde costs regardmg a htstory ofthetr utthzatton ofelectrtctty There are no separate meters Mr Whttney wtll also advtse the percentage of the electrtctty costs of the total rent for the Farmers' Market leases Mr Whttney advtsed Councilman Jones the rental rate for Cheryl's Country Cookin ts higher than the other two spaces (Nesting Box and Skipper's Produce) Mr Whttney advtsed Counctl Lady Parker the apphcatton of "The Nesting Box" conststed of decorattve btrd houses ITEM # 49364 J20rdtnance re conveyance of a permanent utthty easement on Ctty-owned property, known as Little Neck Neighborhood Park, to VERIZON VIRGINIA, INC.; and, authorize the Ctty Manager to execute a Deed of Easement (L YNNHA VEN - DISTRICT 5) Counctl Lady McClanan expressed concern, as thts ts a beauttful park, relattve the location of the easement tn the front Jtm Lawson, Real Estate, advtsed thts particular locatton was necessary tn order not to be tn confltct wtth other utthttes The apphcatton wtll have heavy landscaptng as camouflage Counctl Lady McClanan advtsed she wtll vote NAY on thts apphcatton J4 ITEM # 49365 Ordtnance to revtse the terms of members of the Review and Allocation Committee (COIG). (Requested by Counctl Members Reba S McClanan and Nancy K Parker) Mayor Oberndorf commended Counctl Members McClanan and Parker for sponsortng thts Ordtnance There are two crtttcal commtttees tn the Ctty Review andAllocation Committee and Human Rights Commission The members are dedtcated and undergo extenstve tratntng The majortty of the terms of the Human Rtghts Commtsston wtll be exptrtng Mayor Oberndorf suggested the terms of the Human Rtghts Commtsston be chscussed durtng revtew of the Ctty Counctl's appomttve Boards and Commtsstons March 5, 2002 _~- AGENDA RE VIE W SESSION ITEM 1549366 K1 Apphcattons of WEST NECK PROPERTIES, INC., at the northeast corner of West Neck and In&an Rtver Roads (3132 West Neck Road), contatmng 87 215 acres (PRINCESS ANNE - DISTRICT 7) a Variance to ,q 4 4(b) of the Subdtvtston Or&nance re the thirty (30)-foot mtntmum pavement width for tntertor streets b Change of Zontng Dtstrtct Classtficatton from AG-1 andAG-2 Agrtcultural Dtstrtct to Condtttonal R-15 Restdenttal Dtstrtct c Condtttonal Use Permtt re Open Space Promotton Counctl Lady Henley referenced Attorney Bourdon 's request for Deferral until the City Council Session of March 26, 2002. Attorney Bourdon requested staff's clartficattons of the evaluatton process and tts tnterpretatton of the Comprehenstve Plan 's general gutdehnes for development proposals tn the Transttton Area Councd Lady Henley requested this interpretation as well Councd Lady Henley tnqmred relative the scheduhng of the City Council Conservation Design Workshop by Randall Arendt, (also to be attended by ctttzens and land developers) The Ctty Counctl wtll be confronted wtth some major land use tssues regardmg the Transttton Area Council Lady Henley referenced the dotnt Brtefing (Ctty Counctl and Planntng Commtsston) re the Transttton Area Gutdehnes, February 19, 2002 Mr Scott referenced the crtterta and ranktng the development tn the area Naturai Resources/Design andAmenities Counctl Lady Henley dtd not beheve the Ctty ts gotng to recetve much tn the way of amemty tf the apphcant ts just requtred to de&cate the raw land Counctl Lady Henley has many questtons relattve the process Counctl Lady Henley found tt dtfficult to rank thts apphcatton tn the area of design or amenity The Ctty Manager advtsed thts ranking process could be dtscussed durtng the City Counctl Workshop of March 19, 2002 Relative the Design Workshop, Stephen White, Planmng, adwsed Mr Arendt had been contacted, but a ttme has not been scheduled The Ctty Manager advtsed a matltng hst of proposed attendees to the Randall Arendt Workshop has been comptled The City Manager requested Ctty Council advtse htm of anyone they wtsh to tnvtte Councdman Harrtson ts tn favor of a 30-day Deferral, but would not be tn favor of an Indefimte Deferral Counclman Harrtson advtsed thts apphcatton ts 96 untts per acre The Ctty Council needs to be advtsed of the staff ranktng of thts parttcular apphcatton Counctlman Branch advtsed the apphcant 's attorney wishes to dtscuss road and lot stze wtth Ctty staff Mr Whtte advtsed a meettng wtll be scheduled concerntng these tssues Mr Whtte ts not sure what the tssue ts relative lot size, however, the road issues tnvolve the uttltzatton of swales versus the use of curb and gutter There ts sttll dtscusston as to whtch to use ITEM # 49367 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES J1 Ordtnance to authorize the Ctty Manager to lease spaces at the Vtrgtnta Beach Farmers' Market: (PRINCESS ANNE- DISTRICT 7) a Cheryl Hummer, d/b/a "Cheryl's Country Cooktn' - Space 26 b Fred and Ltnda Jordan, d/b/a "The Nesttng Box," - Space 2 c Btll and Ltnda Sktpper, d/b/a "Sktpper's Produce, "- Space 9 d 20rdtnance re conveyance of a permanent uttltty easement on Ctty-owned property, known as Little Neck Neighborhood Park, to VERIZON VIRGINIA, INC.; and, authorize the Ctty Manager to execute a Deed of Easement (L YNNHA VEN- DISTRICT 5) March 5, 2002 -10- AGENDA RE VIEW SESSION ITEM # 49367 (Continued) Ordinance to A CCEPT and APPR OPRIA TE $230,03 7from the Commonwealth of Vtrgtma through the Vtrgmta Tourtsm Corporatton to the FY 2001-02 operattng budget of the Department of Conventton and Vtsttor Development re the Coastal Virginia Getaways and the Rock 'N Roll Half Marathon tourtsm programs, and, esttmated revenue from the Commonwealth be increased accordmgly J4 Ordtnance to revtse the terms of members of the Review and Allocation Committee (COIG). (Requested by Council Members Reba S McClanan and Nancy K Parker) Counctl Lady McClanan wtll vote a VERBAL NAY on Item d 2 March 5, 2002 -11- CITY COUNCIL COMMENTS 3:17 P.M. ITEM # 49368 Councd Lady Henley expressed concern relattve The Vtrgtntan Pdot headhne story, Thursday, February 28, 2002 "Two Cities Rejecting the Bay Buffer Rule" Counctl Lady Henley referenced constderatton of an amendment whtch ts proposed for the Chesapeake Bay Preservatton Area Ordtnance, but dtd not reahze thts was putttng the Ctty tn a positron of not being tn comphance for at least another year Deputy Ctty Attorney Macah advtsed the regulattons came tnto effect March 1, 2002 Ctttes are gtven one year to amend thetr Ordtnances to conform to these reguIattons The new Director of the Chesapeake Bay Local Asststance Department (CBLAD) has stated the locahttes already have the authortty to requtre the l O0-foot buffers Vtrgtnta Beach has this authority which ts contamed wtthm the Ctty's Chesapeake Bay Preservatton Ordtnance However, the Ordtnance also authortzes the Chesapeake Bay Preservation Area Board which can grant vartances The new regulattons whtch went tnto effect March First, and which the Ctty wtll have to amend March Ftrst next year, wtll requtre changes tn those regulattons Clearly, the changes do not have to be made until, but can be made at any ttme before March 2003 The Ctty ts not defytng the (CBLAD) Chesapeake Bay Local Asststance Department Councd Lady Henley wtshed to be advtsed of the changes necessary for comphance Deputy Ctty Attorney Macah advtsed the Ctty Manager has been destgnated the authortty to grant Vartances to allow butldtng tn the landward 50-feet of the Buffer Once, the regulattons actually take effect, or once the Ctty changes tts Ordtnance to conform wtth the regulattons, thts wtll no longer be an optton No dectston has been made to watt a year, the Ordtnance can be amended sooner Deputy Ctty Attorney Macah wtll provtde a hsttng of the proposed changes These proposed changes wtll be forwarded with Ctty Councd's Agenda package on Frtday, March 8, 2002 Clay Berntck, Envtronmental- Planntng, wtll provtde tnformatton relattve the areas affected the most by these changes These amendments do not have to be heard by the Planmng Commtsston ITEM # 49369 Counctl Lady Henley referenced the Federal Court case tnvolvtng the Friends of Ferrell Parkway v John P Stasko, et als Mr Stasko and Mr Leger representtng the U.S. Fish and Wildlife Servtce had not acted tmproperly Last May, Judge Doumar tssued a findtng there were no sttuattons meettng the "standtng" requtred under Arttcle 3 to gtve justtficatton to any of these clatms Thts was appealed On February 28, 2002, the Untted States Court of Appeals for the Fourth Ctrcutt affirmed the dectston of the Untted States Dtstrtct Court for the Eastern Dtstrtct of Vtrgtnta dtsmtsstng the above styled-actton on the grounds that the plamttffs lacked "standtng" to sue Thts fifteen page finchng was dtstrtbuted by the Ctty Attorney to the Mayor and Members of Ctty Counctl It was very unfortunate there have been accusattons agatnst U.S. Fish and Wildlife The Ctty acted properly "As the Dtstrtct Court observed, plainttffs are not deprtved of access to Sandbrtdge Beach by the purchase because access via Sandbrtdge Road conttnues to extst In ad&tton, platnttffs are not prohtbtted from obtatntng tmproved access to Sandbrtdge Beach Indeed, the Cay contemplates maktng tmprovements to Sandbrtdge Road wtth property tt would gatn through the proposed land transactton wtth U S Ftsh and }Vtldhfe Servtce Further, emergency access to and from Sandbrtdge Beach ts notprevented vta Sandbrtdge Road, and roadways through the mtlttary tnstallatton next to Sandbrtdge are opened tn an emergency moreover, platnttffs may request that the Ctty take actton to address traffic concerns tn thetr netghborhoods" There are sttll State concerns to be addressed tn other courts; however, thts tntttaI ruhng by Judge Doumar was upheld by the Federal Appeals Court, whtch ts stgntficant ITEM # 493 70 Counctl Lady Eure referenced the Summary of the City Manager's Transfers and the General Fund: $56,789for Tuition Reimbursement Expenditures The Ctty Manager advtsed upon successful completion of a course, the tuttton cost ts retmbursed The employees have been takmg advantage of thts benefit Tradtttonally, thts fund ts shghtly overspent In terms of destrtng our employees to develop to the maxtmum potenttal possessed, thts ts a goodprogram return on the tnvestment The Ctty Manager wtll provtde the total funding costs March 5, 2002 - 12- CITY COUNCIL COMMENTS ITEM # 493 71 Mayor Oberndorf referenced an E-Mad from a de&cared City Councd observer The citizen beheved City Counctl wtll meet on May 7, 2002, and many of the ctttzens could notparttctpate as they would be asststtng tn the polls The first Tuesday of the month of May ts the Councdmamc Electron Mayor Oberndorf advtsed that on February 26, 2002, and, B Y CONSENSUS, City Counctl CANCELED the May 7, 2002, City Council Session ITEM # 493 72 Mayor Oberndorf expressed apprectatton to the Ctty Counctlfor thetr courtesy to the Mayoral Delegatton from the Stster City, Bangor, Northen Ireland (February 23 - March 2, 2002) The Mayor espectally recogntzed the Ctty Clerk, Ruth Hodges Smtth, MMC, who assumed much responstbthty to make thts a meantngful exchange vtstt The Mayoral delegatton tncluded lan Henry Mayor/Councillor Heather Henry Mayoress James Kilpatrick Senior Administrative Officer Paul Flanagan Principal St. Malachys Primary School Henry Cowan Principal Towerview Primary School Ivan Arbuthnot Head Master Priory College Heather Ferguson Teacher Priory College St Malachys Primary School and the Towervtew Primary School are twtned wtth Arrowhead Elementary School Prtory College ts twtned wtth Kempsvtlle Mtddle School The Mayor expressed apprectatton to Counctlman Branch for hts wonderful hospttahty and warmth The delegatton was lodged at hts Motel The delegatton advtsed he could not have been more gractous tf they were guests tn hts own home Thts was "above and beyond the call of duty" Mrs Smtth advtsed Councdman Branch unselfishly offered hts servtces ITEM # 493 73 Mayor Oberndorf referenced the vtstt of the New York Ftrefighter Tony (T J) DeLuca and his wife Jackie on Frtday, March Ftrst Thts young firefighter has attended 330funerals resulttng from the tragedy of September Eleventh The young couple actually restde tn Long Island, however, hts statton ts tn the Bronx They have two chtldren, ages 6 and 4 Mayor Oberndorf expressed apprectatton to Battahon Chtef Travts Halstead, who acted as Ltatson tn maktng the arrangements for the vtstt and the Fire Unton, who went out of thetr way to welcome and entertatn the couple The Umon presented a check tn the amount of $20,000, to be utthzed tn the New York Ftrefighter's fund for education of firefighter's chtldren Mayor Oberndorf also expressed apprectatton to Oral Lambert, Chtef Operattng Officer, who arranged a more expedtent fltght schedule allowtng them toffy dtrectlyfrom New York to Norfolk Internattonal Atrport and depart on March 3, 2002 A Vtrgtnta Beach flag was encased tn a beauttful wooden trtangle emblazoned wtth a brassplaque and reverently presented to Ftrefighter DeLuca A beauttful Ctty afghan, deptcttng the htstortcal potnts of tnterest, and the firefighter's afghan deptcttng the travesty of Oklahoma Ctty, werepresented to the couple Mayor Oberndorf was proud of the Ctty Mayor Oberndorf also expressed apprectatton to Counctl Lady Henley for welcoming them The young couple were pleased with the welcome signs on the Pavilion "Welcome to the DeLucas" ITEM # 493 74 Counctl Members Eure and McClanan advtsed on Saturday, March 2, 2002, theyparttctpated tn the Vtrgtnta Beach Foundatton Tour of the Oceanfront The Counctl Members mewed the Ctty's three most bhghted areas Counctl Lady Eure expressed apprectatton for the unselfish dechcatton of the communtty pohce and ts extremely proud of thetr efforts Counctl Lady Eure applauded their duttes to our ctttzens March 5, 2002 - 13- ITEM # 493 75 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall ButIchng, on Tuesday, March 5, 2002, at 3 40 PM Council Members Present. Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 5, 2002 -14- ITEM # 493 76 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the folIowtng purpose PERSONNEL MA ITERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Section 2 1-344 (A) (1) To Wtt Appointments Boards and Commissions Shore Drtve Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton of Property - Baystde, Beach, Kempsvtlle and Prtncess Anne Dtstrtcts 31st Street ProJect LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requesttng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) 3st Street ProJect Upon motton by Counctlman Branch, seconded by Counctlman Jones, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosema~. Wtlson Council Members Voting Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady Wtlson was absent durtng the dtscusston of 31't Street (5:10 P.M.) Council Lady Wtlson DISCLOSED her husband ts a prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company has provtded accounting and tax servtces related to the proposal before Ctty Counctl The Ctty Attorney has advtsed that she ts requtred to disclose any personal interest as tt meets the criteria of a personal interest tn the transaction under the Confltct of Interests Act and ts dtsquahfied from parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprtl 24, 2001, ts hereby made a part of the record (Time of Closed Session: 3:40 P.M. to 5:55 P.M.) March 5, 2002 - 15- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL March 5, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 5, 2002, at 6 O0 P M Counctl Members Present Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wilson Counctl Members Absent Vice Mayor Wdham D Sessoms, Jr [On Vacation with Famtly (Sprmg Break)] INVOCATION Reverend Tommy Taylor London Brtdge Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 5, 2002 Item V-E -16- CERTIFICATION OF CLOSED SESSION ITEM it 493 77 Upon motton by Counctl Lady Parker, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were identified tn the motion convenmg the Closed Sesston were heard, &scussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng I0-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Robert C Mandtgo, Jr and Nancy K Parker Counctl Members Vottng Nay None Counctl Members Abstatntng Rosemary Wtlson Council Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady Wtlson was absent during the &scusston of 31~' Street (5 10 P M) Counctl Lady Wtlson DISCLOSED and VERBALLY ABSTAINED as her husband ts a prmctpal tn the accountmg firm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and Company has provided accounting and tax services related to the proposal before Ctty Council The City Attorney has advtsed that she ts requtred to dtsclose any personal tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act and ts dtsquahfied from parttctpattng tn thts transactton Counctl Lady Wtlson's letter of Aprt124, 2001, ts hereby made a part of the record March 5, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach C~ty Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 493 76, page 14, and m accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of V~rglnla reqmres a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certffies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open Meeting requirements by Vlrgima law were discussed in Closed Session to which this certification resolution apphes; and, (b) only such public business matters as were identffied in the motion convening this Closed Session were heard, discussed or considered by Vlrglma Beach City Council. C~ty Clerk March 5, 2002 Item V-F. 1. -17- MINUTES ITEM # 493 78 Upon motton by Counctl Lady Parker, seconded by Counctlman Jones, Ctty Counctl APPROVED the Mtnutes of the INFORMAL AND FORMA£ SESSIONS of February 26, 2002 Vottng 10-0 Counctl Members Votmg Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Robert C Mandtgo, Jr, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 5, 2002 Item V-G. 1. - 18- ADOPT AGENDA FOR FORMAL SESSION ITEM # 493 79 BY CONSENSUS, Ctty Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 5, 2002 Item V-H. 1. -19- MA YOR 'S PRESENTATION ITEM # 49380 Mayor Oberndorf presented Resoluttons to the VIRGINIA BEA CH CRIME TASK FORCE DECLARING VIRGINIA BEA CH SAFE LIVING DA Y March 5, 2002 Alan Alto Linwood O. Branch, III Martha Coles Frank Drew Charles Gardner Robert Humphreys Edward G. Kreyling, Jr. Martin J. Mulderrig Nancy K. Parker Scott G. Schreier Dr. Marcella F. Whitson Jeff Bates, Jr. James W. Brazier, Jr. Capt. Donald R. Denault John Fermelia Lockett Garnett Timothy Jackson Dr. Brian Matney Gail Nilsen Joy Marie Polefrone Charles Wall Barbara Wills Jane Brooks Dr. E. T. Buchanan James K. Denson Alvaro Fincher Richard E. Garriott, Jr. Chief A. M. Jacocks Danielle Miranda Kenneth F. Palmer H. "Les" Powell, Jr., Frances L. Warren Shirley M. Wood These dedtcated ctttzens tdentified ways to address soluttons and made recommendattons to Ctty Counctl for thetr constderatton to tnsure a safe place to hve, work and enjoy the amentttes of the largest resort ctty tn the worm as a "community for a life time". The work of thts Counctl-appomttve agency has been accomphshed tn an exemplary manner, the Ctty Counctl now chsbands the Task Force Counctl Members Ltnwood 0 Branch and Nancy K Parker, Charles Gardner, Marttn d Mulderrtg, Gad Ntlsen, Kenneth F Palmer, Former Pohce Chief Charles Wall and Frances L Warren were tn attendance to recetve thetr Resoluttons March 5, 2002 WHEREAS: The VIRGINIA BEACH CRIME TASK FORCE was created by a City Council resolution adopted November 24, 1992; WHEREAS: The Virginia Beach Crime Task Force was comprised of eleven citizens who volunteered their time, energy and expertise to evaluate the crime problems then prevalent in the city. These dedicated citizens identified ways to address solutions and made recommendations to City Council for their consideration to insure a safe place to live, work and enjoy the amenities of the largest resort city in the world as a "community for a life time"; and, WHEREAS: The work of this Council-appointive agency has been accomplished in an exemplary manner, the City Council now disbands the Task Force. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council declares this Fifth day of March, Two Thousand Two: VIRGINIA BEA CH SAFE LIVING DA Y and recognizes: JAMES K. DENSON for his dedicated service from March 1993 thru February 1996· Given under our hands and seals this Fifth day of March 2002. Vice Mayor Rosemary · I ~ - Mayor Item V-H.Z - 20- INTR OD UCTION ITEM # 49381 Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance BO Y SCOUT TROOP 4 71 Sponsored by Salem United Methodist Church Joshua t~altz (Citizens in the Community Merit Badge) BOY SCOUT TROOP 490 Sponsored by Saint Gregory's Catholic Church Mike McMahon Frances Yaconieloo (Completion of Eagle Scout) March 5, 2002 Item V-l. l.a/b/c - 21 - PUBLIC HEARING ITEM # 49382 Mayor Oberndorf DECLARED A PUBLIC HEARING FARMERS' MARKET LEASES a. Cheryl's Country Cookin' b. The Nesting Box c. Skipper's Produce There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 5, 2002 Item V-I. 2. - 22 - PUBLIC HEARING ITEM # 49383 Mayor Oberndorf DECLARED A PUBLIC HEARING: CONVEYANCE OF CITY'S UTILITY EASEMENT- Little Neck Neighborhood Park There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 5, 2002 Item V-J. - 23 - ORDINANCES ITEM # 49384 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordtnances la/b c, 2, 3, and 4 of the CONSENT AGENDA. Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr Counctl Lady McClanan voted a VERBAL NAY on Item J 2 March 5, 2002 Item V-J. 1. - 24 - ORDINANCES ITEM # 49385 Upon motton by Counctlman Jones, seconded by Councdman Branch, Ctty Counctl ADOPTED: J1 Ordtnance to authorize the City Manager to lease spaces at the Vtrgtnta Beach Farmers' Market: (PRINCESS ANNE - DISTRICT 7) a Cheryl Hummer, d/b/a "Cheryl's Country Cooktn'- Space 26 b Fred and Ltnda Jordan, d/b/a "The Nesttng Box," - Space 2 c Btll and Ltnda Sktpper, d/b/a "Sktpper's Produce, "- Space 9 Vottng 10-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 5, 2002 10 11 12 13 14 15 16 17 18 19 2O 21 22 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE SPACES AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach has leased spaces at the Farmers Market since its inception; WHEREAS, spaces at the Farmers Market are available for lease, and City staff have identified prospective tenants wishing to lease these spaces; and WHEREAS, a public hearing concerning these proposed leases has been advertised and conducted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized on behalf of the City of Virginia Beach to enter into the following lease agreements for spaces at the Farmers Market: a. A lease of the restaurant space (#26) to Cheryl Hummer, d/b/a "Cheryl's Country Cookin'," from March 2002 through February 2004; b. A lease of space #2 to Fred and Linda Jordan, d/b/a "The Nesting Box," from March 2002 through February 2005; and c. A lease of space %9 to B~ll and Llnda Skipper, d/b/a "Skipper's Produce," from March 2002 through February 2005. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of March , 2002. 25 26 27 28 29 30 31 CA-8416 ORDIN kNONCODE k farmmarord, wpd R-2 February 22, 2002 APPROVED AS TO CONTENT- '- ~lthre Department APPROVED AS TO LEGAL SUFFICIENCY' La~ Department SUMMARY OF TERMS LEASE FOR RESTAURANT SPACE (//26) AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: C~ty of Virgima Beach LESSEE: Restaurant Cheryl Hummer d/b/a "Cheryl's Country Cook~n'" TERM: March 2002 through February 2004 RENT: Base Rent is $735 per month (includes $35 promotional fee) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for restaurant consistent w~th the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units. Purchase and mmntain $1,000,000 in commercial general habd~ty ~nsurance. Keep restaurant open dunng hours of Farmers Market operation RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and, ~n most cases, electrical service. TERMINATION: City may terminate by promd~ng Lessee sixty (60) days not~ce SUMMARY OF TERMS LEASE FOR SPACE #2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space 2 Fred and Linda Jordan d/b/a "The Nesting Box" TERM: March 2002 through February 2005 RENT: Base Rent is $308.00 per month 0ncludes $30 promotional fee) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Maintain leased space, including heating and mr conditioning units. Purchase commercial general habd~ty ~nsurance. Keep retml space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintmn common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and, ~n most cases, electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days not~ce. SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space 9 Bill and Linda Skipper t/b/a "Skipper's Produce" TERM: March 2002 through February 2005. RENT: Base Rent is $455 per month (includes $30 promotional fee). RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units. Purchase commercial general liability insurance. Keep retail space open during hours of Farmers Market operation RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and, in most cases, electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. Item V-J.2. - 25 - ORDINANCES ITEM # 49386 Upon motton by Councdman Jones, seconded by Councdman Branch, City Councd ADOPTED: Or&nance re conveyance of a permanent utthty easement on Ctty-owned property, known as Little Neck Neighborhood Park, to VERIZON VIRGINIA, INC.; and, authorize the Ctty Manager to execute a Deed of Easement (L YNNHA VEN - t>~srmcr ~) Vottng 9-1 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham S W Harrison, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wdson Counctl Members Vottng Nay Reba McClanan Councd Members Absent Vtce Mayor Wdham D Sessoms, Jr March 5, 2002 AN ORDINANCE APPROVING THE CONVEYANCE OF APPROXIMATELY 343 SQUARE FEET OF PERMANENT UTILITY EASEMENT ON CITY OWNED PROPERTY KNOWN AS LITTLE NECK NEIGHBORHOOD PARK TO VERIZON VIRGINIA INC AND AUTHORIZING CITY MANAGER TO EXECUTE A DEED OF EASEMENT FOR CONVEYANCE OF SAME 10 WHEREAS, Venzon Virginia Inc has requested that the City of Virginia 11 Beach convey apprommately 343 square feet of permanent utility easement on City owned 12 property known as bttle Neck Neighborhood Park as descnbed ~n Exhibit 1 attached 13 hereto; and 14 WHEREAS, Verizon V~rgmia Inc intends that the permanent utility easement 15 shall be used for the construction and future maintenance of a P S I Walk-In Cabinet, 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA' 18 That the permanent utility easement as described ~n Exhibit 1 attached 19 hereto ~s approved to be conveyed to Venzon Virginia Inc and that the City Manager ~s 2 0 hereby authorized to execute the attached Deed of Easement. 21 This ordinance shall be effective from the date of its adoption 22 Adopted by the Council of the City of Virginia Beach, Virgima, on the 5 th 23 day of March , ,2002 2 4 A THREE-QUARTERS AFFIRMATIVE VOTE OF COUNCIL IS REQUIRED 25 26 CA- PREPARED. February 11, 2002 APPROVED AS TO LEGAL SUFFiCiENCY APPROVED AS TO LEGAL SUFFICIENCY Department of Law SITE LOCATION MAP SCALE: 1" -- 1,600' PROPOSED VERIZON VIRGINIA UTILITY EASEMENT P~RK'~ PUMP STAT[ON // // / LOCATION MAP SHOWING AREAOFPROPOSED VERIZON VIRGINIA INC. UTILITY EASEMENT ON LITTLE NECK NEIGHBORHOOD PARK PROPERTY;~ FRONTING LITTLE NECK ROAD (NORTH OF REDWOOD FARM DRIVE) SCALE: 1" -- 100' M.J.S. P,ANNAS.DGN PREPARED BY PAN ENG. DRAFT, 1~002 EXHIBIT ALL THAT certain permanent ublity easement belonging, lying, s~tuate and being in the C~ty of Virginia Beach, Virginia, and designated and described as "VERIZON VIRGINIA INC PERMANENT UTILITY EASEMENT,'fas shown on plat entitled "EXHIBIT "A" PLAT SHOWING PERMANENT UTILITY EASEMENT TO BE CONVEYED TO V " VERIZON IRGINIA INC dated November 7, 2001, produced by Courtney& Associates, P C. Surveyors - Engineers - Planners 98 K~lby Shores Drive Suffolk, V~rg~n~a, sa~d easement bern further described as follows Beginning at a pin at the point of ~ntersection of the western hne of an exmsbng 10' w~de C&P Telephone Company easement (D.B. 1405, PG. 713) and the southern line of an existing 20' drainage & utility easement, the POINT OF BEGINNING, thence following the western line of the ex~sbng 10' wide C&P Telephone Company easement along a curve to the left having a radius of 389.40', a delta of 1 ° 54' 46"; a tangent of 6 50'; a chord distance of 13 00', a chord bearing of S 08" 44' 30" E, an arc distance of 13 00 to a pm, thence turning from the exisbng 10' w~de C&P Telephon,,e, Company easement and heading ~n a westerly d~rect~on along a bearing of S 84° 34' 56' W for a d~stance of 20 00'; thence N 08° 44' 30"W a d~stance of 21 40' to a p~n set along the southern hne of the exisbng 20' drainage & ublity easement; thence turning and running ~n an easterly direction along the southern hne of the existing 20' drainage & ublity easement along bearing S 73° 09' 00" E for a d~stan,,~c~, of 22 !,4',, to the POINT OF BEGINNING, as shown on that certa~nplat entitled, EXHIBIT A PLAT SHOWING PERMANENT UTILITY EASEMENT TO BE CONVEYED TO VERIZON VIRGINIA INC" dated November 7, 2001, produced by Courtney& Associates, P C Surveyors - Engineers - Planners 98 Kilby Shores Dr~ve Suffolk, Virginia. THIS INSTRUMENT PREPARED BY VERIZON VIRGINIA INC. EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A) (3)AND 58.1-811(C) (4) REIMBURSEMENT AUTHORIZED PURSUANT TO SECTION 25-249 THIS DEED OF EASEMENT is made this /~day~ of No Vg~%~, ~o! by and between the CITY OF VIRGINIA BEACH, a municip&l Corporation of the Commonwealth of Virginia, "grantor", hereinafter called "Owner," and VERIZON VIRGINIA INC. a Virginia Corporation, "Grantee", hereinafter called "Company". WITNESSETH: That for the sum of ONE DOLLAR ($1.00), and other valuable considerations, the receipt whereof is hereby acknowledged, the Owner grants unto the Company and its successors the right, privilege, and easement hereinafter referred to as easement of variable width the right to erect, operate, maintain, replace, and remove a communication facilitating system consisting of a walk-in cabinet together with the necessary electric service, telephone cables and conduit to and from said walk-in cabinet, posts, terminals, location markers and other appurtenances as the Company may, from time to time, require (hereinafter referred to as "facilities"), under, on, over, in, through and across certain lands of the Owner, described as follows: Ail that certain lot, tract or parcel of land belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated as: "VERIZON VIRGINIA INC. PERMANENT UTILITY EASEMENT," on that certain plat entitled "EXHIBIT ~A" PLAT SHOWING PERMANENT UTILITY EASEMENT TO BE CONVEYED TO VERIZON VIRGINIA INC." dated November 7, 2001, produced by Courtney & Associates, P.C., hereto attached and recorded simaltaniously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. The facilities erected hereunder shall remain the property of the Company. The Company shall have the right to inspect, rebuild, remove, repair, improve, relocate on the easement described above, and make such changes, alterations, substitutions, additions to or extensions of its facilities as the Company may from time to time deem advisable. The Company shall at all times have the right to keep the easement clear of all buildings, structures and other obstructions (except fences), trees, roots, and undergrowth. The Company shall promptly remove from the easement any trash or debris resulting from the exercise of the rights hereby granted. Ail trees and limbs cut by the Company at any time shall remain the property of the Owner. GPIN # 1488-57-3397 For the purpose of constructing, inspecting, maintaining or operating its facilities, the Company shall have the right of ingress to and egress from the easement over the right-of-way of the Owner The Company shall exercise such right in such manner as shall occasion the least practicable damage and ~nconven~ence to the Owner The Company shall repair damage to roads, fences or other improvements and shall pay for all other damage when such damage results from the construction, ~nspect~on or maintenance of the Company's facilities, provided the Owner g~ves written not~ce to the Company within s~xty (6011 days after such damage occurs Said repair shall be acceptable to the Owner The Owner, its successors and assigns, may use the easement for any purpose not inconsistent w~th the r~ghts hereby granted, provided such use does not interfere w~th or endanger the construction, operation and maintenance of the Company's facilities and provided that no buildings, structures or other obstructions (except fences) may be constructed on the easement It ~s further understood and agreed between the parties hereto that' The rights granted herein to the Company are non- exclusive and the Owner shall at all times have the r~ght to make or grant such other use of the easement area as shall not be inconsistent with the exercise by the Company of the rights and privileges granted to it hereunder, The easement hereby granted is subject to existing rights ~f any, of third parties to the extent that rights are of record so as to constitute constructive notice to the Company Th~s instrument shall not be deemed to give or grant any rights in or to the surface of any land, except as herezn expressly set forth. If the Company shall d~scontinue the use of the easement area all rights granted hereby shall cease and terminate, and upon demand of the Owner the Company w~ll at its cost remove its facilities from the easement area and restore the right-of-way to substantially the same condition in which it was at the t~me when the easement was granted, provided that the Company may, upon having received written approval from the Owner, abandon bur~ed wires, conduits and cables The Company will indemnify the Owner and hold the Owner harmless from any and all suits, claims and demands which may be instituted, made or asserted against the Owner for damage to property or for injury to or death of persons, and against all costs and expenses zn connection therewith, including attorney's fees and expenses, to the extent that such suits, claims or demands are for damage, ~n]ury or death (1) arising out of the presence of the Company's faczllt~es on said easement or out of the Company's exercise of r~ghts herein granted, and (2) not caused by negligence of the Owner, ~ts agents, servants or employees IN WITNESS WHEREOF, the Owner has caused ~ts name to be signed hereto by ~ts C~ty Manager/Authorized Designee of the City Manager, and its corporate seal affixed hereto and duly attested by ~ts City Clerk, as the day and year first above written, and the Company has caused its name to be signed hereto by its Manager-Outside Plant Engineering, as of the day and year f~rst above written. ( SEAL ) City of Vlrgin:a Beach, a municipal Corporation of the Commonwealth of Virginia By: City Manager/Authorized Des:gnee of City Manager CITY CLERK Ver~zon Virginia Inc. ratlon ~r-outside P~nt Engineering Approved as to Content' Approved as to Legal Sufficiency Public Works/RealEstate Assr City Attorney AP, PROVED AS TO CC)NTL:.N'r DEPAR1 t,%t. NT STATE OF VIRGINIA CITY OF · to-wit I. C~-,t=~4_~UO U.~~O~q . a Notary Public in and for the city and state aforesaid, do hereby certify that f~~,~zf , Manager-Outside Plant Engineer~ng(T~tl~), on behalf of Ver~zon Virginia Inc, a V~rg~n~a Corporation, whose name is signed to the fo~goln~wrltlng, bearing date the ~'~ day of ~%~1~, 20~ has acknowledged the same before me ~n my C~ty and State aforesaid Given under my hand this I~ day of Notary Public My Commission Expires' /3-/$~/~ ._ I / - ' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public zn and for the city and state aforesaid, do hereby certify that City Manager/Authorized Designee of the City Manager of th~ City of V~rgin~a Beach a Municzpal Corporation of the Commonwealth of Virginia, whose name is signed to the forgoing writing, bearing date the day of , 20 , has acknowledge the same before me ~n my City and State aforesaid Given under my hand this , 20__ day of Notary Publzc My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit I, , a Notary Public in and for the city and state aforesaid, do hereby certify that City Clerk of the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia, whose name is signed to the forgoing writing, bearing date the day of , 20 , has acknowledged the same before me in my City and State aforesaid Given under my hand this day of , 20 Notary Public My Commission Expires' I tl.l Item V-d. 3. - 26- ORDINANCES ITEM # 4938 7 Upon motton by Counctlman Jones, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ordtnance to A CCEPTandAPPROPRIA TE $230,03 7from the Commonwealth of Vtrgmta through the Vtrgmta Tourtsm Corporatton to the FY 2001-02 operattng budget of the Department of Conventton and Vtsttor Development re the Coastal Virginia Getaways and the Rock 'N Roll Half Marathon tourtsm programs, and, esttmated revenue from the Commonwealth be increased accordingly Votmg 10-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 5, 2002 AN ORDINANCE TO ACCEPT AND APPROPRIATE: $230,037 FROM THE COMMONWEALTH OF VIRGINIA THROUGH THE VIRGINIA TOURISM CORPORATION TO THE FY 2001-02 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT TO SUPPORT THE COASTAL VIRGINIA GETAWAYS AND THE ROCK 'N ROLL HALF MARATHON TOURISM PROGRAMS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the Department of Convention and Visitor Development has developed two programs selected by the Virginia Tourism Corporation to receive funding that will expand out-of- market tourism efforts for the Commonwealth. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $230,037, which represents grants in the amount of $115,018.50 each to Coastal Virginia Getaways and the Rock 'N Roll Half Marathon tourism programs, is hereby accepted from the Commonwealth of Virginia and appropriated to the FY 2001-02 Operating Budget of the Department of Convention and Visitor Development to support these tourism programs. 2. That estimated revenue from the Commonwealth represented in the FY 2001-02 operating budget of the Department of Convention and Visitor Development is hereby increased by $230,037. Adopted by the Council of the City of Virg_knia Beach, Virginia, on the 5th day of March , 2002. Requxres an afflrmatxve vote by a ma2orlty of the members of Cxty Councxl. CA-8411 ORDIN/NONCODE/Virginia Tourism (VIC).ord February 22, 2002 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Law VIRGINIA TOURISM CORPORATION COOPERATIVE TOURISM ADVERTISING FUND FY 2001-2002 PROGRAM BUDGET SHEET Coastal Virginia Getaways Cooperative Panners City of Hampton City of Norfolk City of Virginia Beach Total Budget $110,000 25,0O0 400~000 $535,000 Rock 'N Roll Half Marathon Cooperative Panners City of Virginia Beach Elite Racing Rock 'N Roll Marathon, Inc $250,000 150,000 150~000 Total Budget $550,000 Item V-J.4. -27- ORDINANCES ITEM # 49388 Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Or&nance to revtse the terms of members of the Review and Allocation Committee (COIG). (Requested by Council Members Reba S McClanan and Nancy K Parker) Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Vtce Mayor Wtlham D Sessoms, Jr March 5, 2002 Requested by Councilmembers Reba S. McClanan and Nancy K. Parker 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO REVISE THE TERMS OF MEMBERS OF THE REVIEW AND ALLOCATION COMMITTEE WHEREAS, pursuant to Ordinance No. 93-2200D, adopted by the City Council on January 5, 1993, the Review and Allocation Committee (the "Committee")was created by the City Council; and WHEREAS, the expiration date of the terms of eight (8) Committee members, who are appointed for terms of three (3) years, is January 31st; and WHEREAS, the City Council deems it to be in the best interests of the City that the terms of Committee members expire on a date other than one falling within the middle of the budget process; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the terms of the members of the Review and Allocation Committee whose terms expire on January 31 be, and hereby are, extended to June 30th of the year in which such terms expire. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That notwithstanding the provisions of City Code Section 2-3(3), limiting the terms of members of boards and commissions of the City to three (3) consecutive three (3) - year terms, and the provisions of Ordinance No. 93-2200D, providing that the terms of members of the Committee shall be subject to City Code Section 2- 3(3), the terms of the Committee members whose third terms expire on January 31, 2002, be, and hereby are, extended to June 30, 2002. Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 5th day of March, 2002. CA-8404 wmm\ordres kextendtermordin, wpd February 18, 2002 R-1 Item V-K. - 28 - PLANNING ITEM # 49389 1. WEST NECK PROPERTIES VARIANCE CHANGE OF ZONING CONDITION~IL USE PERMIT March 5, 2002 Item V-K. 1. PLANNING - 29- ITEM ii 49390 Upon motton by Counctl Lady Henley, seconded by Councdman Man&go, Ctty Counctl DEFERRED to the City Councd Session of March 26, 2002 apphcattons of WEST NECK PROPERTIES, INC. for a Vartance to ~ 4 4(b) of the Sub&vtston Or&nance re the thtrty (30)-foot mtntmum pavement wtdth for tntertor streets, plus Or&nantes for a Condmonal Change of Zomng and Con&ttonal Use Permtt Thts Deferral wtll allow scheduhng of a Workshop on March 19, 2002, re clartficatton of the evaluatton process and tnterpretatton of the Comprehenstve Plan's general gutdehnes for development proposals tn the Transttton area Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Sub&vtston Or&nance, Sub&vtston for West Neck Properttes, Inc, a Vtrgtnta corporatton Parcel ts located at 3132 West Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 - PRINCESS ANNE AND, O~INANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 RESIDENTIAL DISTRICT An Or&nance upon Apphcation of West Neck Properttes, Inc , a Vtrgtnta corporation, for a Change of Zomng District Classtficatton from A G-I and A G-2 Agrtcultural Dtstrtcts to Con&ttonal R- 15 Restdenttal Dtstrtct at the northwest corner of West Neck Road and In&an Rtver Road (GPIN #2403- 21-I935, #2403-21-0241) The proposed zomng classtficatton to Con&ttonal R-15 ts for stngle famtly restdenttal land use on lots no less' than 15,000 square feet Thts site ts located tn the Transttton Area as defined tn the Comprehenstve Plan The Comprehenstve Plan recommends' use of thts parcel for approprtate growth opportuntttes, conststent wtth the economtc vttahty pohctes of Vtrgtnta Beach Satd parcel ts located at 3132 West Neck Road and contatns 87 215 acres more or less DISTRICT 7 - PRINCESS ANNE O~INANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR OPEN SPA CE PROMOTION Or&nance upon Apphcatton of West Neck Properties, Inc, a Vtrgtma corporatton, for a Con&ttonal Use Permtt for Open Space Promotton at the northeast corner of West Neck Road and In&an Rtver Road (GPIN #2403-21-1935, #2403-21-0240 Satdparcel ts located at 3132 West Neck Road and contains 87 215 acres DISTRICT 7 - PRINCESS ANNE Vottng 9-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent Reba S McClanan and Vtce Mayor Wdham D Sessoms, Jr March 5, 2002 - 30- Item V-M. 1. NE W BUSINESS ITEM # 49391 Deputy Ctty Attorney Macah referenced the court case tnvolvtng the Friends of the Ferrell Parkway v John Stasko, et als On February 28, 2002, the Untted States Court of Appeals for the Fourth Ctrcutt affirmed the dectston of the Untted States Dtstrtct Court for the Eastern Dtstrtct of Vtrgtnta dtsmtsstng the above styled- actton on the grounds that the platnttffs lacked "standtng" to sue Whtle the Ctty was not a party to the appeal, the Ctty filed an amtcus brtef oppostng the Platnttffs' clatms tn the Dtstrtct Court The Fourth Ctrcutt's optnton accepts our arguments concerntng the Ctty's authortty regarding the constructton of roads and the absence of harm to the Platnttffs resulttngfrom the Ctty Counctl's dectston not to construct Ntmmo Parkway east of Atwood Road Thts fifieen page finchng was dtstrtbuted by the Ctty Attorney to the Mayor and Members of Ctty Counctl March 5, 2002 Item V-N. 1. - 31 - ITEM # 49392 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 6:42 P.M. Beverly 0 Hooks, CMC Chief Deputy Ctty Clerk Ctty Clerk Meyera E Oberndorf Mayor Cay of Vtrgtnta Beach Vtrgtnta March 5, 2002