JUNE 4, 2002 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET L EURE, Centervtlle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne - District 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall - District 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstnct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L. LILLEY, C~ty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEA CH, VIRGINIA 23456-9005
PHONE (757) 427.4304
FAX (757) 426-5669
EMAIL Ctycncl~ctty vtrgtnta-beach va us
June 4, 2002
PRESENTATION OF FIRE TRUCKS
In Front of City Hall
1:30 PM
I. CITY MANAGER'S BRIEFINGS
- Conference Room-
2:00PM
A,
Bo
C°
HRT SERVICE PLAN
Robert J. Scott, Director - Planning
INFILL DEVELOPMENT
Robert J. Scott, Director - Planning
THOROUGHGOOD HOUSE LEASE
Mark A. Reed, Department of Museums
Il. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
4:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
I
V. FORMAL SESSION
- Council Chamber -
6:00 PM
mo
CALL TO ORDER- Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Jay Smith
First Baptist Church of¥irginia Beach
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
F. MINUTES.
1. INFORMAL AND FORMAL SESSIONS
May 28, 2002
G. AGENDA FOR FORMAL SESSION
H. BID OPENING
OPENING OF SEALED BIDS
31st Street Garage Retail Space
(Refer to City Council)
PUBLIC COMMENT
1. Towing Advisory Board Recommendations
2. Shore Drive Transportation Study and Design Guidelines
Jo
ORDINANCES
o
Ordinance to APPROPRIATE $949,000 to the FY 2001-02 operating budget of the
Comprehensive Services Act (CSA) Special Revenue Fund and
APPROPRIATE/TRANSFER $665,000 to the FY 2001-02 operating budget re juvenile
probation
,
Ordinance to ACCEPT and APPROPRIATE $43,024 from the State and $28,097 from the
Federal Government to the FY 2001-02 operating budget of the Department of Mental
Health, Mental Retardation and Substance Abuse Services (MHMRSA) re increased
services to clients
,
Ordinance to TRANSFER $200,000 within the FY 2001-02 operating budget of the
Department of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re
funding for facility refurbishment
.
Ordinance to TRANSFER $142,000 within the department of Public Works' FY 2001-02
operating budget re replacement of an automated waste collection vehicle
K,
APPOINTMENT:
1. Virginia Beach/Jamestown 2007 Anniversary Steering Committee
L. UNFINISHED BUSINESS
Mo
NEW BUSINESS
No
ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Device for the Deaf)
05/30/02~st
AGENDA\06/04/02
www vbgov com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 4, 2002
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING RE HRT SERVICE
PLAN tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, June 4, 2002, at 2 10 P M
Counctl Members Present
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 Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Absent
Ltnwood 0 Branch, III
Rosemary Wdson
[Entered 2 20 P M]
Mayor and City Council attended a Ribbon Cutting Ceremony to accept and showcase three types of new
fire apparatus, 1:30 P.M, front of City Hall (Prior to City Council Briefing Session)
-2-
CITY M/IN/I GER 'S BRIEFING
HRT SER VICE PL/IN
2:10 P.M.
ITEM # 49 701
Robert J Scott, Dtrector of Planmng, introduced Dale Castellow, Transportatton Planning Coor&nator,
and Ertc Meyerson, Dtrector of Planntng, Hampton Roads Transit
Mr Castellow dtstrtbuted the presentatton of the Virginia Beach Service Improvement Proposals based
on the Comprehensive Operational /inalysis. In addttton to revtewmg the fixed routes, there ts an ongotng
study whtch should conclude late June spectfically examtntng the trolley system Wtthtn the next two months,
HRT wtll dtscuss para transtt with the Ctty Counctl relattve impacts
Mr Meyerson, advtsed the Operattonal Analysts was completed tn January He wtll be presenttng the route
recommendattons from the consultant affecttng Vtrgmta Beach The Consultants tdenttfied three (3) mare
tssues wtth respect to the servtce
Improving Route Directness A number of the routes tend to meander
thru the Ctty wtth apparently long travel ttmes There ts confuston
relative the destination of the buses
Improving Route Performance Re the number of passengers per
hour Ideally, tn a suburban sttuatton, producttvtty tn the netghborhood
of twenty (20) passengers per hour ts preferred A number of the
routes, particularly tn the southern portton of the Ctty, are
transporttng only an average of seven (7) passengers per hour
Service Levels: Re tmprovtng the frequency Most of the servtces tn
Vtrgtnta Beach, with the exceptton of the Vtrgtnta Beach Boulevard
corrtdor, only run about once an hour These service make tt dtfficult
to utthze by tndtvtduals worktng fixed shtfts
Relative the Federal Government program, whtch wtll pay tnchvtduals to rtde the buses, ts this avatlable to
local government employees as well? Mr Meyerson advised this ts more of a tax than dtrect substdy
conducted tn a pre-tax envtronment Netther the ctty nor the person benefitttng from the pass would have
to pay taxes on the funds uttltzed to purchase the ttckets
HRT ts not propostng changes on the majortty of routes
Summary of Proposed Changes
Route 29 - Rosemont Road (connects Pleasure House Road and Shore
Drtve wtth Pembroke vta Great Neck Road, Lynnhaven Mall, TCC -
Vtrgtnta Beach and Holland Road)
Operate route between Pleasure House and TCC-
Vtrgtnta Beach only Other routes will serve rematmng
portion of the route
Between Lynnhaven Mall and TCC- Vtrgtnta Beach, route
ts proposed to operate via Internattonal Parkway, London
Brtdge Road and Holland Road, replacing Route 37
service in the area
Route 36 - Holland Road (connects Pembroke with TCC -Vtrgtnta
Beach vta Holland Road)
Reahgn route to provtde more chrect servtce along the
Holland Road corrtdor (Run almost the whole length of
Pembroke Mall to the Muntctpal Servtces Center)
Route 25 - Currently runs wtthtn the Ctty of Norfolk and ts bastcally
a shuttle route connecttng Mthtary Ctrcle Road wtth the Newtown
Road area proposed to combtne wtth Route 39
June 4, 2002
-3-
CITY MANAGER'S BRIEFING
HRT SER VICE PLAN
ITEM # 49701 (Continued)
Route 39 -Prtncess Anne (connects Pembroke Mall wtth Mtrror Lake
Drive, vta Prtncess Anne Road, TCC -Vtrgtnta Beach and the
Municipal Center)
(1) Combtne wtth Route 25 tn Norfolk
(2) Operate from Mthtary Ctrcle Mall to Wal-Mart at Lynnhaven
Parkway
Proposed New Route X - South Plaza/Internattonal Parkway (ts
proposed to connect Pembroke with TCC Vtrgtnta Beach vta
Independence Boulevard, South Plaza Tratl, Rosemont Road,
Lynnhaven Mall and Lynnhaven Parkway)
Route 3 7 - Oceana (connect the Oceanfront with Lynnhaven Mall via
Vtrgmta Martne Sctence Musuem, KOA, Fleet Combat Tramtng
Center, Oceana Naval Statton and Internattonal Parkway) prtmartly
serves mthtary employees on evemngs and weekends to access
recreattonal opportumttes at Lynnhaven Mall and the Beach
Discontinue route due to inability to access Oceana NAS
(securtty restrtcttons as result of September 11, 2001
terrortst tragedy)
Replace Internattonal Drtve and London Brtdge Road
servtce wtth Route 29 Replace KOA/General Booth
Boulevard servtce wtth extenston of Route 33 servtce
Route 33 - North Seashore (connects Oceanfront with the North
Seashore - 68th StreeO This would requtre addtttonal resources and,
therefore, ts not part of the bastc plan
(1) Extend to South Seashore to serve the Vtrgtnta Martne
Sctence Museum and KOA replactng Route 3 7 servtce
(2) Headways changed from 30 to 60 mtnutes
Mr Meyerson &splayed a compostte of proposed Routes 29, 36, 39 and Route X
The plan ts to implement these changes effective January 1, 2003
There are no plans to change the extsttng servtce tn the area of the KempsvilleZlndian River Road Corridor
Concern was expressed relattve the tnehgtbthtyforpara transtt Mr Castellow advtsed HRThas an ongotng
recerttficatton process Anybody who ts tn that 3/4 mtle corrtdor now that has ehgtbthty, wtll lose thetr
ehgtbthty through these changes Mr Meyerson advtsed the London Brtdge segment of Route 39 was plotted
and currently 44 tndtvtduals are regtstered for para transtt who restde tn that area Thts represents 1 7%
of all the regtstered chents Route 37 area (Dam Neck area) would tmpact stxty-ntne (69) out of 2500
regtstered chents These are tndtvtduals who are regtstered, but not necessartly acttve The overwhelmtng
percentage of the regtstered chents are not regular users of handt rtde
Mr Castellow advtsed of about 2 700-2800 regtstered parttctpants of para transtt tn the Ctty, approxtmately
460 are actually acttve
Mr Castellow advtsed HRT ts purchastng smaller buses to tmplement for these devtated servtces The
regional bus mtttattve has flextble or route devtated servtce where a route might go down the matn artertal,
but then devtate tnto a netghborhood and ptck-up chents along the way Both ADA and able bo&ed
tndtvtduals can potenttally be served all tn one vehtcle The capacity of these buses ts stgntficantly less They
are much more tn scale and tn keeptng wtth the neighborhood When the bus devtates from the matn hne,
a large 40-foot bus should not be gotng through local streets
June 4, 2002
-4-
CITY M/INA GER 'S BRIEFING
HRT SER VICE PL/IN
ITEM # 49701 (Continued)
To address the HRT changes tn pohcy, Mr Castellow advtsed he has been coor&nattng wtth Vtce Mayor
Sessoms and Counctl Lady Parker, Commtsston Members, to develop recommendattons for the Ctty A copy
of the composite color coded map relattve the porttons of the Ctty covered and not covered wtll be
provtded
At thepresent ttme, there wtll be a Pubhc Nottce for comments at their headquarters on Monttcello Avenue,
Thursday, dune 2 7, 2002, at 6 O0 P M Mr Castellow advised the Ctty wtll have tts own Pubhc Heartng
scheduled for the Central Ltbrary at a future date
dune 4, 2002
-5-
CITY MANA GER'S BRIEFING
INFILL DE VEL OPMENT
2:36 P.M.
ITEM # 49 702
Robert Scott, advtsed as the Ctty contemplates the Comprehensive Plan, the subject of residential infill
development takes on another level of tmportance Land tn the northern portton of the Ctty ts tncreastngly
scarce Thts has stgntficant tmphcattons The staffbeheves the Ctty can grow andprosper wtthout expandmg
the urban servtces area Attentton can be turned to the northern portton of the Ctty and butlt tn a senstble
htgher quahty manner However, some of the tssues must be addressed More than ever, as land becomes
scarce and opportuntttes to utthze the last bits of land all over the Ctty are increased, quality ts more
tmportant
Bastcally, the Zoning Ordinance requtrements deahng with mtntmum lot size, lot coverage, set back
requtrements and other bastc requtrements setttng the tone for the occurrence of development are basically
good In many cases, these basic codes are not apphcable Mr Scott cited nonconforming lots and very
small lots with high density.
A nonconforming lot ts one that was once legal, but because of governmental acttons (or&nance maktng
requirements more strtngent, taktng of property, et cetera) no longer meets zomng standards Thts ts not
the same as an tllegal lot (tllegally subdtvtded or in some other fashton tnapproprtately created) The
purpose tn recogmztng nonconforming lots ts to assure that tndtvtduals who own them are not penahzed
by havtng thetr opportumty to develop reduced to near zero Some of these lots are very old and were platted
back tn the early part of this century (pre World War I) At that potnt, subdtvtstons and subdtvtston plats
were not the same At the present trine, subdtvtston plats are a regulatory tool In the past, the plat was
stmply a method of referencing the location of land It was never tntended that tndtvtdual pteces of land
would be developable Mr Scott &splayed an example extsttng tn Shadowlawn (platted in 1924) In some
cases these lots are 25 or 30feet wtde and 125feet deep It was intended tndtvtduals would buy two, three
or four lots and combtne them for a butldtng stte Thts has occurred for the mostpart In recent years, when
property values have rtsen so htgh, there ts a stgntficant attempt to butld or constder each of these small lots
tndtvtdually as a butldtng stte The Board of Zontng Appeals ts faced wtth dt. fficult tssues as a result of thts
attempted development These tssues are scattered throughout the Ctty Baystde, Rosemont Road area,
Pembroke area, Beachfront area They are not congregated tn one parttcular portton Mr Scott &splayed
a plat of Lakewood dated 1925. These lots are 25 and 30feet wtde and 125feet deep These tssues are
exasperated by many of the regulattons An example tn the Bayside area was deptcted by three (3) lots
platted long ago Duplexes were butlt on two of the properttes wtth a 45-foot strip tn between Aptece of
property has served for many years as a stde yard Now the proposal ts to bmld a house on that 25-foot wtde
stte A Board of Zomng Appeals Pubhc Heartng stgn has been posted on the property Thts development will
not be good for the health of the netghborhood Another example was ctted tn the Baystde Area conststtng
of three (3) lots, whtch were developed as two, however, now the desire ts to develop the three (3) lots (50
feet each) The houses have been torn down tn preparatton for butldtng three (3) duplexes (denstty 10 5
dwelhng untts per acre) Another sttuatton extsts on Shell Road in the Bayside area These lots were platted
tn 1912 and tt was not tntended these be developed for 3-stngle famtly homes wtth lot wtdths of 3O feet The
shde of Ftfteenth Street deptcts lots 25feet wtde wtth a stngle famtly house butldtng on two of them and the
other two lots serve as the stde yard making a total of l O0-foot wtde property If two more houses are
crammed tnto that space, whtch ts now the stde yard, thts wtll not work to the well betng of thts
neighborhood
Mr Scott ctted a favorable sttuatton wtth the budder to be commended (Bayside Road/Pandoria Avenue)
Thts ts a former Community Development Target Neighborhood wtth the streets and tnfrastructure
mstalled at pubtc expense to accommodate a reasonably orderly netghborhood Remnants of other lots
zoned R5D were deptcted The proposal for each was to butld a duplex, whtch would completely undermtne
the sptrtt and intent of the communtty development plan The staff worked wtth the developer and explatned
the sttuatton Mr Scott &splayed the homes whtch were butlt and are tn keeptng wtth the netghborhood
An example on Arctic Avenue located tn the Shadowlawn area ts subject to one portton of the zomng
ordtnance whtch was amended a few years ago and ts a major step tn the rtght dtrectton Seven (7) stngle
faintly lots were platted, each 30feet wtde The amendment requtres the property owner, t. fable, must put
these nonconformtng lots together tnto lots that conform to the zontng or&nance In accordance wtth this
provtston, the owner came up wtth four (4) lots, which wtll provtde a more orderly pattern of development
(each 50feet wtde)
June 4, 2002
-6-
CITY MANA GER'S BRIEFING
INFILL DE VEl, OPMENT
ITEM # 49702 (Continued)
Mr Scott beheves nonconforming lot lines should be vacated when shown not needed to preserve the
property owner's development rtghts Thts needs to be pursued on a more regular basts Mr Scott suggested
a revtew to requtre lots to be combined wherefeastble as tn Shadowlawn Thts ts a sttuatton whtch could
approprtately be apphed throughout the Ctty and not just one netghborhood
Mr Scott ctted another problem of very high density on very small lots, whtch ts prtmartly hmtted to the
Resort Area and tn a mmor degree affect Shore Drtve
On Arctic Avenue, a 100 by l O0-foot lot was zoned A-36 (36 dwelhng untts per acre Thts ts the size of two
(2) basketball courts stde by stde On Cyprus Avenue, a 130 by 75-foot lot was zoned A-36, and another lot
was 150 by lO0-feet On 15tn Street, a 50 by 150-foot lot was zoned A-12 (~ ttmes the stze ora basketball
courO On 24th Street, an A-36 zoned lot was 60 by 200-feet and on 27th Street, an A-18 zoned lot was 50 by
150feet
Relattve Shore Drive, wtth the assistance of the Shore Drtve Advisory Commtttee and the Planntng
Commtsston, a scheme relattve a sliding scale density was devised whtch had lower denstttes allowed on
these properttes
On these other properties, Mr Scott suggested working wtth the Planntng Commtssion to draft an
approprtate zontng ordmance amendment whtch would pursue a "sliding scale density" on these smaller
lots
Mr Scott advtsed to vacate lot hnes will require a subdtvtston plat be prepared, whtch would cost
approxtmately $2,000 Thts ts usually part ora development process where the cost can be borne by a
number of tndtvtduals
Deputy Ctty Attorney Macah advtsed there ts a hmttatton tn the Ctty Code for dental of a use permtt or a
rezomng, but not challengtng an or&nance Deputy City Attorney Macah dtd not beheve there ts any statute
of hmttatton on challenging the Shore Drive Amendments The Attorney's Office can never guarantee
there wtll be any legal challenges, but can certatnly do the best to make sure any legal challenge would be
unsuccessfully resolved tn behalf of the Ctty
B Y CONSENSUS, the staffshallproceed wtth the appropriate adjustments relative infill development and
brtng recommendattons forward to Ctty Counctl
June 4, 2002
-7-
CITY MANAGER'S BRIEFING
THOROUGHGOOD HOUSE LEASE
3:10 P.M.
ITEM # 49 703
The City Manager introduced Lynn Clements relattve the lease of the Thoroughgood House from the Ctty
of Norfolk
Lynn Clements, Acttng Director - Museum and Cultural Arts, advised the Operattons and Management
Agreement for next year ts about to exptre An amendment ts also tncluded relattve tnsurance The Ctty of
Norfolk had requested a separate general habdtty pohcy be issued wtth combtned stngle hmtt of SI-
MILLION The Ctty of Norfolk and Chrysler Museum wtll be ad&ttonal msurers The premtum ss $492.
Relattve acqutsttton by the City of the Thoroughgood House, Ms Clements spoke wtth Harry Lester,
Member - Board of Trustees, Vtrgtnta Martne Sctence Museum Board and Chrysler Museum Board Today
he ts meettng wtth Mayor Paul D Fratm on our behalf to &scuss thts tssue
Mark Reed, Htstortc Resources Co-Or&nator, advtsed the Adam Thoroughgood House ss a Nattonal
Htstortc Landmark and one of only two tn Vtrgmta Beach The House was operated by the Chrysler
Museum of Arts for a number of years In September 1998, the operattng hours were reduced to 11 hours
per week (bastcally Saturday and Sunday) However, through a reservatton process, they continued to serve
school chtldren durtng the week Thts reduction of hours concerned the Department of Museums In
September 1999, Museums came to Ctty Counctl wtth an opportuntty to operate the Adam Thoroughgood
House and expand tts hours The Ctty took over the operatton tn Mtd October 1999 On November Second,
the hours were expanded to slx days per week (39 hours per week) Thts House has been operated at this
level stnce that ttme The attendance has been good with approxtmately 10,000 visitors annually,
approxtmately ~ are school children Education has been the prtmary mtsston Wtthtn FY 2001 a number
of school programs were tmplemented meeting the numerous SOL requtrements tn htstory and other
curriculum the educators desired A number of spectal events and programs have also been tmplemented
t e Yule Program and Mtd Summer Ntght Mr Reed ctted the Baystde Htstory Trail Da),, whtch has just
completed the thtrd annual event conststtng of Lynnhaven House, Ferry Plantatton, Pembroke Manor and
a number ofhtstortc churches tn that area Based on the FY 1998 budget utthzed by the Chrysler Museum,
the FY2003 Budget is $80,440. O0 (the same amount tn the current year FY2002) Approxtmately 2/3 of thts
budget comprtses the payment of part ttme staff(operate/open and close/handle the sales of the shop stems/
provtde tours andprograms) One-stxth of the Operatmg Budget ts for office support (for both Francis Land
and Adam Thoroughgood House) FY 2002 marks the first ttme for a full time employee tn this posttton
enabhng effictency tn both operattons The remamtng one-stxth of the budget ss utthzed for supphes,
matertals necessary for the datly operatton and purchase of museum shop inventory In 1999, the Chrysler
Museum had only utthzed patd tnterpreters There was never a volunteer program The only way to get the
stte up and running qutckly was to utthze these experienced Interpreters, many with fifteen and twenty years
expertence Volunteer docets are used at the Francts Land House A Volunteer program does requtre patd
staff to do the recruttment, tramtng and scheduhng Mr Reed ctted a press release relative the estabhshment
ora Volunteer Program at the Adam Thoroughgood House with an ortentatton for potenttaI volunteers
later thts month A brochure was thstrtbuted for promottonal purposes re Francis Land House and
Thoroughgood House School programs are adverttsed tn tandam tn an annual brochure whtch ss sent to
all the Elementary School Chtldren tn Vtrgtnta Beach, Chesapeake, Portsmouth and Norfolk The Francis
Land House Board of Governors ss commttted to overseemg the operatton of the Adam Thoroughgood
House Frtends of the Francts Land House membershtp has been extended to tncorporate the Adam
Thoroughgood House If the transfer of the property ss successful, the Department of Museums hopes to
convert some of those budgetary funds used for part ttme personnel to have a full time educattonal posttton
at the Thoroughgood House There will be a need for mvestment by the Ctty to make the restrooms and
vtsttors' center handtcapped accesstble The matn facthty of the vtsttors center needs to be upgraded to
house the staff and separate the museum store operattons from the educattonal programs (currently share
space) Museums ts requesttng the opportumty to operate the Adam Thoroughgood House for another year,
whtle the ownershtp issue ts resolved Mr Reed advised the Ctty of Vtrgmta Beach pays for the bastc
matntenance Chuck Davis, Admtntstrator of Butldtng Matntenance, could respond relattve more prectse
costs In 1999, when the Ctty was worktng wtth the Chrysler relattve budgetary costs, the Chrysler Museum
tndtcated thetr annual cost was $105,000 Museums ss assumtng $15,000 ts for the mamtenance Mr Reed
was not sure whether Butldtng Matntenance had absorbed the operatton wtthout recetvtng addtttonal funds
Concern was expressed relattve the lack of a consorttum of all the htstortcal museums Mr Reed advtsed Mr
Mac Rawls, retired Admtmstrator, a number of years ago estabhshed a Museum Planmng Group Almost
all of the small museums as well as the Contemporary Art Center and Vtrgtnta Martne Sctence Museum
parttctpated One of the dtfficulttes whtch arose was the dtfference tn the scheduhng (some only open certatn
trines of the year or only by appotntmenO Last year, a reference gutde, was produced for dtstrtbutton at the
Oceanfront hotels whtch tncluded the madortty of the sites
dune 4, 2002
-8-
CITY MANA GER'S BRIEFING
THOROUGHGOOD HOUSE LEASE
ITEM ii 49 703 (Continued)
The Bayside History Trail ts a method to combtne some of the htstortcal sites
Mr Reed advtsed the Adam Thoroughgood House was gtven to the City of Norfolk tn the I950's by Henry
Clay Hofhetmer, who had purchased and restored the property At that ttme Norfolk had a Sctence and
Htstory Museum whtch evolved into the Chrysler Museum The Sctence and Htstory Museum operated the
Thoroughgood House
The trolley program for the Ctty's htstortcal homes had started to succeed, whtch was tmttallyfinanced by
Beach Events The htstortcal homes received a benefit When there was a change to the Oceanfront
entertatnment contract, the trolley costs were dtfficult to absorb The Htstortcal Society underwrote the
Chrtstmas Program for one year The htstortcal sites are so dtspersed
Councd Lady Henley advtsed Sam Myers dtd an aucho cassette "ride around tour". Mr Reed advtsed thts
tape was available at the Frtends Store tn the Central Ltbrary Mayor Oberndorf advtsed she has a copy
Mr Reed advised the City Manger wrote a letter to Regtna g K Wdhams, Ctty Manager of Norfolk, tn April
requesting constderatton of ownershtp of the Adam Thoroughgood House There was no response An
addtttonal letter was sent and no response has been recetved
The Ctty Manager advtsed speaktng wtth Regina I/ K Vgtlhams and Harry Lester by telephone Mr Lester
tnchcated prehmtnary chscusstons were positive toward worktng somethtng out
,4 coordtnatton of efforts of htstortc homes should be constdered An overall assessment of the htstortcal
properttes should be conducted wtth regards to the "best place to invest dollars"
Mayor Oberndorf extended comphments to Ms Clements and Mr Reed on behalf of the Yule Log Ceremony,
Twelfth Night at the Francis Land House and the marvelous new exhtbtt of the six Penguins from the
Baltimore Zoo at the Virginia Marine Science Museum (thru Labor Day).
BY CONSENSUS, ownershtp and conttnuatton of the lease wtth the Ctty of Norfolk of the Adam
Thoroughgood House shall be scheduled for the Ctty Counctl Sesston of June 25, 2002
dune 4, 2002
-9-
AGENDA RE VIEW SESSION
3:59 P.M.
ITEM # 49 704
J1
Or&nance to APPROPRIATE $949,000 to the FY 2001-
02 operattng budget of the Comprehenstve Servtces Act
(CSA) Special Revenue Fund and
APPROPRIA TE/TRANSFER $665,000 to the FY 2001-
02 operattng budget re juvenile probation
Councdman Man&go expressed concern as thts wdl tncrease the City's level for an unfunded mandate
Councd Lady Eure advised tn 2001/2002 there were 1,000 admissions Where ts the hne for how many
juventles can be patd for wtthtn the system wtthout substdtztng? Councd Lady Eure referenced the last hne
on the page of Juvende Probatton Attachment I "Thts block grant wdl be reduced 515'o by Ftscal Year
2002/2003 ($1,260, 000) There was not enough tnformatton Councd Lady Eure requested addtttonal cost
ftgures
Councd Lady Wdson requested addtttonal tnformatton Councd Lady Wdson suggested examtntng thts
system regtonally and ctted the Vtrgtnta Beach School System as an example, who had a "whtstle stop"
program More state funds have been received by utthzmg a regtonal program
Councd Lady McClanan ts concerned that thts Ordtnance occurred after the ADOPTION of the FY 2002-
2003 Operating Budget These facts had to be available before now
The Ctty Manager advtsed theproposal to estabhsh awatttng hst These increases wtll not be automatically
funded The City Manager advtsed these are costs that have already occurred
Robert Matthtas, Asststant to the Ctty Manger, advtsed the Comprehensive Services Act (CSA) Fund ts an
ongotng tssue Awatttng hst for CSA servtces for non-mandated chddren, after expendttures reach the
protected level (maxtmum fundtng level set by the State, whtch ts $1,073,425) wdl be mstttuted shortly after
the new fiscal year commences The juvendes who are most tn need of the service wtll be first on the hst
There are four factors creattng thts conttnual defictt
Artstng demand for expenstve restdenttal placements of Court
Servtces cases, whtch has been dtfficult to pre&ct These cases often
tnvolve severe crtmtnal, sexual, and famdy behavtoral problems, tn
these types of cases therapeuttc restdenttal care ts too often ordered by
the Juvende Court Such care ts qutte expenstve (typical annual cost of
$104,000)
The State's under fun&ng for these types of cases (non-mandated) ts
evtdent from stx consecutive years of level approprtattons,
A lack ofalternattve servtces avadable on the conttnuum of care, and
Increases tn local foster care cases tn the past two years, which often
requtre local fun&ngform the local de&cated reserve
There are a number of very expenstve treatment facthttes throughout the State wtth some located outstde the
State Detention costs are also betng addressed Hopefully, when the Ctty has tts own Detention Home, these
costs wdl be under our Ctty and Courts control Mr Matthtas advtsed the School Board ts a very acttve
member of thts process and the Ctty trtes to move as many juvendes to thetr programs as allowed The
duvemle Judges are the "gate keepers" of all referrals
Wtth Ctty Councd's concurrence, Juventle Court Services recetved an addittonal staff member to screen
some of the cases for treatment areas better funded by the State
Vtce Mayor Sessoms advtsed the Chtef Juvemle Judge spoke wtth Cay Counctl relative these shortfalls and
spectfic cases The cost on an annual basts for onejuventle ts $104,000.
Catheryn Whttesell, Dtrector of Management Servtces, advtsed the departments involved tn the CSA
program and tn Juvende Probatton proacttvely try to shtft case loads around to maxtmtze state and medtcatd
funds By delaytng thts ttem for a couple of weeks, the staff was able to save funds tn terms of shtfttng
juvendes tn other program categortes by pulhng down more Medtcatd and state money
June 4, 2002
-lO-
AGENDA RE VIEW SESSION
ITEM # 49 705
.14
Ordtnance to TRANSFER $142,000 wtthtn the
department of Pubhc Works' FY 2001-02 operattng
budget re replacement of an automated waste collection
vehicle
Councd Lady McClanan requested addtttonal tnformatton
Wade Kyle, Sohd Waste Admtntstrator, advtsed a drtver came out of the Transfer Statton on Vtrgtnta Beach
Boulevard and fatled to close the tad gate on the truck, whtch put tt about twenty feet (20') tn the atr He
turned rtght on Vtrgtma Beach Boulevard, went toward the Beach, htt the overpass of Interstate 264 and
fltpped the truck over The truck ended up on its side underneath the overpass and had to be drug out by the
wreckers Thts acctdent also took down the fiber opttc cables whtch supphed the message boards on 1-264
and I-64 Fortunately the drtver was not hurt Severe &sctphnary actton has been taken The truck was only
two (2) years old The driver ts sttll employed as per the dectston of the Personnel Board
ITEM # 49 706
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
dl
.12
.13
.14
Or&nance to APPROPRIATE $949,000 to the FY 2001-
02 operattng budget of the Comprehensive Servtces Act
(CSA) Spectal Revenue Fund and
APPROPRIA TE/TRANSFER $665,000 to the FY 2001-
02 operattng budget re juvenile probation
Ordtnance to ACCEPT and APPROPRIATE $43,024
from the State and $28,097 from the Federal Government
to the FY 2001-02 operattng budget of the Department of
Mental Health, Mental Retardatton and Substance Abuse
Services (MHMRSA) re increased services to clients
Or&nance to TRANSFER $200,000 wtthtn the FY 2001-
02 operattng budget of the Department of Mental Health,
Mental Retardatton and Substance Abuse (MHMRSA) re
funding for facility refurbishment
Or&nance to TRANSFER $142,000 wtthtn the
department of Pubhc Works' FY 2001-02 operattng
budget re replacement of an automated waste collection
vehicle
June 4, 2002
-ll-
CITY COUNCIL COMMENTS
5:15 P.M.
ITEM # 49 70 7
Mayor Oberndorf advtsed yesterday, June 3, 2002, the Ctty unveded the stgn for the future headquarters of
the Amertcan Cancer Society, off Edwtn Drive near Mount Trashmore A substanttal gift was recetved and
the budding wdl be named the Thomas R. Lee Volunteer Center. Fund ratstng has commenced The
buddtng wtll tnclude an atrtum, pattents' services room, hope garden, gallery, tratnmg and board room,
volunteer sutte, memortal benches and cobble stones
ITEM # 49708
Vtce Mayor Sessoms referenced an ADD-ON ITEM:
Ordtnance to extend the date (June 5, 2002)for sattsfytng conchttons
tn the matter of KENNETH A. HALL and S & S ENTERPRISES re
the clostng, vacattng and chsconttnutng of a portton of Spruce Street
and two porttons of Second Street to August 5, 2002
The ttme frame ts extended to allow Vtce Mayor Sessoms advtsed Attorney Edward Bourdon and the Ctty
Attorney confer relattve a legal document
ITEM # 49 709
Mayor Oberndorf referenced the ADD-ON PROCLAMATION
June ,l, 2002
Red Tide 11 U Girls Day
The Vtrgtnta Beach based boo Wdhams Red Ttde ll U Gtrls Basketball Team won the state tttle for the
second consecuttve year on March 24, 2002
ITEM # 49710
Councd Lady McClanan referenced the tnvttatton from the Prtncess Anne Plaza Ctvtc League concermng
the Bow Creek Park, official opening, Saturday, June 8, 2002, at 11:00 A.M. Councd Lady McClanan
hoped all members of Ctty Councd could attend
Mayor Oberndorf advtsed a gentlemen advtsed her husband all of the property values have tncreased tn thts
area Thcs Park has enhanced thetr quahty of hfe
ITEM # 49711
Councdman Jones requested the Ctty Manager at the June 25, 2002, Ctty Councd Sesston update Ctty
Councd on the Lake Smith purchase He has recetved numerous ctttzen concerns
June 4, 2002
- 12-
ITEM # 49 712
Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, June 4, 2002, at 4 20
PM
Counctl Members Present
Margaret L Eure, Wtlham ~ Harrison, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, gtce Mayor ~tlham D
Sessoms, Jr and Rosemary I~tlson
Counctl Members Absent
Ltnwood 0 Branch, IH
June 4, 2002
- 13-
ITEM # 49 713
Mayor Meyera E Oberndorf entertatned a motion to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MA ITERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salaries, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appotntments Boards and Commtsstons
Jamestown 200 7 Anmversary Steertng Commtttee
Revtew of Counctl Appointees
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the &sposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Prmcess Anne Ballfields
LEGAL MA TTERS Consultatton wtth legal counsel or briefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesting the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
Joseph E Ratford v Ctty of Vtrgtnta Beach
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Council voted to proceed
tnto CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, }Ydham W Harrtson, Jr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor [Ftlham D
Sessoms, Jr and Rosemary PVtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III,
(Five Minute Recess: 4:22 P.M. - 4:30 P.M.)
(Time of Closed Session: 4:30 P.M. - 6:00 P.M.)
June 4, 2002
- 14-
FORMAL SESSION
VIRGINIA B EA CH CITY CO UNCIL
June 4, 2002
6:00 P.M.
Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, June 4, 2002 at 6 O0 P M
Counctl Members Present
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, Vtce Mayor Wdham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
Ltnwood 0 Branch, III
INVOCATION
Counctlman Louts R Jones
Reverend Jay Smtth
Ftrst Bapttst Church of Vtrgtnta Beach (arrtved late)
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal interest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank which recently merged wtth Ftrst Unton Nattonal Bank The Vice
Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may
come before Ctty Counctl Vtce Mayor Sessoms' letter of February 5, 2002, ts hereby made a part of the
record
June 4, 2002
Item V-E.
- 15-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49 714
Upon motton by Vtce Mayor Sessoms, seconded by Councd Lady Parker, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS:
Only pubhc busmess matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch
thts cert~catton resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motton
convenmg the Closed Sesston were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Council
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, dr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III
June 4, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrg~ma Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49713, page 12, and in accordance w~th the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with V~rgmla 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 pubhc business matters lawfully
exempted from Open Meeting reqmrements by Virginia law were discussed in Closed Session to
which th~s certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
V~rg~ma Beach C~ty Council.
~l{'uth Hodges Smith, MMC
C~ty Clerk
June 4, 2002
Item V-F. 1.
-16-
MINUTES
ITEM ii 49715
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of May 28, 2002.
Vottng 10-0
Council Members Vottng Aye
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, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
Item VI-G. 1.
-17-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49716
AGENDA FOR THE FORMAL SESSION
ADD-ON PROCLAMATION
June 4, 2002
Red Tide 11 U Girls Day
AND,
Ordtnance to extend the date (June 5, 2002)for sattsfytng condtttons tn the
matter of KENNETHA. HALL and S & $ ENTERPRISES re the clostng,
vacattng and dtsconttnutng of a portton of Spruce Street and two porttons
of Second Street to August 5, 2002
June 4, 2002
Item V-G. 1.
-18-
PROCLAMATION
ITEM # 49 717
Mayor Oberndorf PROCLAIMED:
June 4, 2002
Red Tide 11 U Girls Day
MA Y 20-26, 2002
The Virginia Beach Foundation Week
The Vtrgtnta Beach based Boo Williams Red Tide 11 U Girls Basketball Team won the State title for the
second consecuttve year on March 24, 2002
Mayor and Ctty Councd extended best wtshes to the team as tt competes tn the nattonal tournament to be
held June 28 - July 6, 2002, tn Ktngsport, Tennessee
Coach Barb Smtth and Asststant Coach Marry Kelly ACCEPTED the PROCLAMATION
June 4, 2002
Item V-H. 1.
- 19-
BID OPENING
ITEM # 49 718
Pursuant to I,'trgtnta Code Sectton 15 2-2102, the Mayor opened the btds tn the matter of lnvttattons for Btds
for a Master Lease of ,4pproximately 26,000 Square Feet of Retail Space in The Proposed 31st Street
Parking Garage.
Before the btd(s) were opened, the Mayor requested
"Are there any addtttonal btds tn response to the tnvttatton for Btds, whtch
were not sent to the City Manager by the deadhne on June 3, 2002 ?
there are no others, I hereby close the mvttatton for btds The Ctty
Manager dehvered the sealed btds to the me The Ctty Manager has
received ONE BID Thtrt_¥-_first Street LC has submttted a btd by the
adverttsed deadhne If there are any addtttonal btds to be recetved from the
floor at the heartng, I would be happy to receive them now
A second bid for $10, O00for retatl space waspresented by B Messner
Stnce the first btd proposal ts lengthy, I wtll ask Asststant Ctty Attorney
Hahn and Phtltp Roehrs, Beach Management - Pubhc Works, to please
revtew the btds and summartze them, so I can read out the btd summary to
thepubhc as required by law The Ctty Counctl wtll conttnue wtth tts other
bustness unttl the btds are summartzed"
After the Pubhc Comment on Shore Drtve Transportatton Study and Destgn Gutdehnes, Asststant Ctty
Attorney Valledejuh and Phtlhp Roehrs returned wtth the summary ofbtds and dehvered same to the Mayor
"The btds were just two
The btd from Thtrty-first Street LC ts as follows $15 per square
foot per year or $390, O00 per year for twenty-ftve (25) years and
a $25,000 Security Depostt
The second btd from B Messner ts as follows $10,000
I wtll now refer the btdproposals to the Committee appotnted by the City
Manager to revtew and make recommendattons to Ctty Counctl at tts
Heartng on June Twenty-fifth"
The Ctty Attorney advtsed a Pubhc Hearing ts scheduled for the City Counctl Sesston of June 11, 2002, re
Leastng of the 31st Street Parktng Garage, wtth the Ordtnance to constder the award of the btd on June 25,
2002 Pubhc Comment wtll also be accepted at this ttme
June 4, 2002
INVITATION FOR BDS FOR MASTER LEASE OF APPROXIMATELY
26,000 SQUARE FEET OF RETAIL SPACE TO BE LOCATED IN THE PROPOSED
31 s~' STREET PARKING GARAGE IN THE CITY OF VIRGINIA BEACH,
VIRGINIA TO BE CONSTRUCTED BY THE CITY OF VIRGINIA BEACH AND THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The City of Virginia Beach ("City") and the Virginia Beach Development Authority
("Authority") are inviting bids for the development, management and leasing of approximately
26,000 square feet of high-quality retail space, compatible w~th the operation of a full service
four-star hotel and adjacent high-quahty real estate project located at the Vlrglma Beach
oceanfront~. Interested parties should submit eight complete copies of thmr bid, in writing, to
the C~ty Manager, City of Virginia Beach, Attn: 31st Street Lease Bid, City Manager's Office,
2401 Courthouse Drive, Virginia Beach, Virginia, 23456 on or before 5:00 p.m, Monday, June
3, 2002.
SPACE DESCRIPTION
The space to be developed, managed and leased, pursuant to a Master Lease, ~s described
as approximately 26,000 square feet of shell space (the "Retml Space") on the street level of the
proposed municipal parking garage to be constructed by the City of V~rglnla Beach Development
Authority and the City of Virginia Beach (the "Parking Garage") on the block bounded on the
north by 31st Street (Laskin Road), on the east by Atlantic Avenue, on the south by 30th Street,
and on the west by Pacific Avenue, in Virginia Beach, Virginia, a portion of wNch property 1s
owned by the City, and a portion of which property is owned by the Authority. The Retail Space
copy of the standards for a four-star hotel are attached as Exhibit A
Page 1 of 16
will be situated on the northern and eastern faces of the street level of the Parking Garage and
will provide store fronts for the entire 31st Street block, the majority of the Atlantic Avenue
block, and the eastern portion of the 30th Street block, generally as shown on the attached concept
plan entitled "Proposed Parking Facthty, 31s' Street Development," dated April 9, 2002, attached
hereto as Exhibit B. It is anticipated that the Retail Space will be provided with roughed-in
mechanical, HVAC, plumbing and electrical systems, together with sub-flooring and duct trunk
lines, customary for new-construction retail shell space in the Hampton Roads, Virginia, market.
The street front extertor of the Retail Space will be provided in an unfinished but secure state.
Final exterior treatments will be installed by the successful respondent or its subtenants. It is
anticipated that the shell Retail Space will be delivered in this form on or about September 1,
2004. It is anticipated that approximately 80 metered parking spaces will be avmlable within the
street level of the Parking Garage for use by retail patrons. All other parking for the Retail Space
patrons and the Retail Space employees will be available within the Parking Garage at the same
rate as the general public. Retail Space tenants will share one dehvery space It is anticipated
that the Parking Garage will be completed and open for use on or about December 31, 2004,
subject to delays for weather, acts of God, shortage of materials and other matters beyond the
control of the City and the Authority.
The Retml Space and the Parking Garage will be located across Atlantic Avenue from a
proposed four-star 300 room hotel with conference facilities and an adjacent public park/open
space. It is anticipated that the Parking Garage and the hotel will be joined by a pedestrian
bridge/walkway which will bridge Atlantic Avenue
The Authority, the C~ty and Thirty-First Street, L.C. (the "Developer") are parties to a
Page 2 of 16
Development Agreement dated as of August 5, 1999 (the "Original Development Agreement"),
relating to the development of the proposed parking facd~ty, the four-star 300 room hotel and the
pubhc park. Pursuant to the Original Development Agreement, the Developer is to lease from
the Authority the real property on which the hotel and public park are to be constructed. A copy
of the Original Development Agreement ~s on file and available for ~nspectlon during normal
business house in the Office of the C~ty Clerk The Developer has proposed modifications to the
Original Development Agreement whmh are currently being considered by the City and the
Authority (the "Amended Development Agreement"). A copy of the Amended Development
Agreement and the other documents which ~mplement these proposed modifications to the
Original Development Agreement are on file and avmlable for inspection during normal business
house in the Office of the City Clerk and are also available online on the City' s webslte at
www.vbgov.com.
Respondents are advised that, pursuant to the Original Development Agreement, the
Developer is entitled to an annual credit of $260,000 each year for 25 years to be applied agmnst
rent to be paid to the Authority for the land on which the hotel and public park are to be
constructed so long as the Developer submits a bid in response to this Invitation of at least
$15.00 per square foot for the Retad Space No preference or assurance has been or shall be
given to the Developer or any other potential respondent that the Developer or any particular
respondent will be the selected respondent.
Respondents are further adwsed that pursuant to the terms of the Amended Development
Agreement currently being considered by the C~ty and the Authority, the Developer is entitled to
$260,000 each year for 25 years (payable ~n cash or by credit apphed against any amount to be
Page 3 of 16
paid by the Developer to the Authority or a combination thereof) so long as the City receives a
b~d ~n response to this Invltat~on of at least $15.00 per square foot for the Retail Space. No
preference or assurance has been or shall be given to the Developer or any other potential
respondent that the Developer or any particular respondent will be the selected respondent.
The Authority and City Council are expected to vote as to whether to approve the
Amended Development Agreement on or before May 14, 2002. If approved by both City
Council and the Authority board, the terms of the Amended Development Agreement will
control. If the terms of the Amended Development Agreement are not approved by the City
Council and the Authority board, the terms of the Original Development Agreement will control
Each respondent should have retail development, leasing and management experience,
should be financially capable of master leasing the Retad Space and should be capable of
subleasing the Retail Space to a healthy m~x of retail tenants to complement the hotel, the park
and the remainder of the oceanfront project
CONTENT OF BID PROPOSALS
Each b~d proposal must contain, at a mlmmum, the following wntten ~nformation with
documentation suitable for evaluation:
Completed Bid Form
Each respondent shall complete the B~d Form, attached hereto as Exhibit C, setting forth
the information requested for the respondent's offer, including the respondent's proposed rent
offer based on a dollar per square foot bas~s. Completion of the B~d Form s~gmfies acceptance of
the terms outlined in the General Terms of Master Lease set forth in Exhibit D, and the Basic Use
Restrictions set forth ~n Exhibit E.
Page 4 of 16
Lease-Up Plan
Each respondent shall promde a proposed lease-up plan for the Retml Space w~th
proposed retail uses and square footage allocation The lease-up plan should provide a healthy
m~x of retml tenants to complement the hotel, the park and the remainder of the oceanfront
project.
Operation and Management
Each respondent shall provide a plan for the operation and management of the Retail
Space. The plan should ~nclude, at a minimum, the respondent's relationship to the operation
and management of the Retail Space, the intended form and term of the subleases, and
mmntenance of the Retail Space in a manner compatible with a four-star hotel and the remmnder
of the oceanfront project.
Qualifications
Each respondent shall submit a statement of quahficatmns whmh ~ncludes, at a
m~nimum, specific examples of prewous development work ofh~gh quahty and current
developments (retail and otherwise) under the respondent's management The statement of
quahficat~ons should include: a listing of the pnnc~pals of the respondent's proposed leasing and
management team and their resumes, the resumes of other key ~nd~v~duals proposed to be
involved ~n the development, leasing and management; a statement of the financial capacity of
the respondent and its principals to meet the obhgat~ons under the Master Lease; a description of
any prior bankruptcy, insolvency, reorganization or comparable proceedings; any other factors
that may rinse msues of character; and the prior experience of the respondent and its pnnc~pals as
an owner and operator of commercial real estate properties
Page 5 of 16
OTHER INFORMATION
Bond.
The successful respondent shall be required to execute a bond, w~th good and sufficient
security, in a sum determined by the City, pursuant to § 15.2-2104 of the Code of Vlrglma (1950),
as amended.
Payment for Advertisement.
The successful respondent shall be reqmred to rmmburse the City for the cost of the
advertisement Inviting bids and proposing to make the grant of the lease pursuant to § 15.2-2101
of the Code of V~rgima (1950), as amended
DEVELOPER SELECTION
C.nteria
The basic select~on criteria shall include:
A. The lease rate offer.
B The degree to which the proposal meets the goals of obtaining a h~gh-quahty,
four-star hotel compatible, operation, leasing and management of the Retail
Space.
C The qualifications and experience of the respondent ~n the development,
management and leasing of h~gh-quahty retail space
Process
All proposals must be submitted to the C~ty Manager, Attn: 31st Street Lease B~d at the
City Manager's Office, 2401 Courthouse Drive, V~rg~nia Beach, V~rginia on or before 5.00 p m.,
Monday, June 3, 2002 Any proposals received after 5:00 p.m., Monday, June 3, 2002, shall not
Page 6 of 16
be received by the City Manager, but may be offered to the Mayor of the City of Virgima Beach
at the regular meeting of City Council, whmh will be held ~n Council Chambers, C~ty Hall
Budding, Mumclpal Center, Virginia Beach, V~rglnla, on Tuesday, June 4, 2002. Submissions
will be reviewed by a select~on committee appointed by the City Manager. It is intended that the
selection committee recommend one proposal to the Virginia Beach Development Authority and
the Virginia Beach City Council, with a planned date ofnotffication to the selected respondent of
on or about June 25, 2002.
The City of Virginia Beach and the Virginia Beach Development Authorlty each reserve
the right to reject any and all proposals, to proceed with a specific respondent or respondents, or
to take any action that either the City of Vlrgima Beach or the Virginia Beach Development
Authority determines to be in the best interest of the City of V~rglma Beach. Without limiting
the foregoing, the City of Virginia Beach and the Virginia Beach Development Authority
expressly reserve the right to reject any bid which is not in conformity w~th the Basic Use
Restrictions as set forth in Exhibit E, or which is otherwise found by the City of Vlrglma Beach
and/or the Virginia Beach Development Authority not to be compatible with "The 31 st Street
Project". The City of Virginia Beach and the Virginia Beach Development Authority further
reserve the nght to abandon the project after the award of the b~d to the selected respondent as
follows: (i) in the event the development and/or execution of a Master Lease cannot be
successfully accomplished; (i0 in the event the City and/or the Authority elects for any reason
whatsoever not to construct the Parking Garage and/or the Retail Space, or (m) ~fthe nature of
the oceanfront project changes
Page 7 of 16
Attachments:
Exhibit A - Four-Star Hotel Standards
Exhibit B - Concept Plan of Parking Garage
Exhibit C - Bid Form
Exhibit D - General Terms of Master Lease
Exhibit E - Basic Use Restrictions
Page 8 of 16
EXHIBIT A
FOUR-STAR HOTEL STANDARDS
A four-star hotel 1S outstanding - worth a special trip. Not only does it have every
service normally associated with ~ts genre, but it also has a umque style and
personahty and ~s both unusually elegant and luxurious, w~th an unusual design
and a creative, well-Integrated decor. A variety of accommodations are usually
avmlable; all are large, with spacious, comfortable seating areas. Furmture and
appmntments are of the best quality, complementing the overall theme. Lobbies
are also spacious and equally well appointed A fine restaurant is on the premises,
and room service ~s a gramous experience, often with serwce around the clock.
The entire operation is characterized by attention to detml and efficiency Service
~s exceptional, and there is a feeling that guest comfort and convenience are the
prevmling concern of the staff, which ~s large enough to ensure personahzed
service for each guest and outstanding ~n every respect: courteous, professmnal
and knowledgeable.
Characteristics of a Four-Star Hotel
Immaculate housekeeping and superior maintenance
Well-kept, carefully landscaped grounds
D~stinct~ve architecture
Luxuriously appointed lobby and pubhc spaces, accented by art work,
fresh flowers and/or plants
F~ne furnishings and superior carpet ~n lobby and public spaces
Organized area for check-in and checkout; swift, efficient service
Secure, appropriate, uncluttered luggage handhng area
Large, very well-hghted guest rooms
Well-integrated guest room decor, enhanced by art work; upgraded fabrics
in draperies, spread, and upholstery
Upgraded fumlsh~ngs and upgraded carpet in guest rooms, ~n very good
condition
Upgraded bed linens; large, fresh pillows, extra blankets and pillows; firm
mattresses ~n excellent condition
Color telev~slon in armmre or on an attractive, decorative stand; remote
control, radio, clock
Table and chmrs ~n guest rooms
Central mr-condltiomng and heating, thermostat ~n guest room
Very attractive, spotless, and very well-hghted baths, w~th medicine
cabinet and/or vamty
Page 9 of 16
F~ne soaps and amemties in baths, plus large or thick towels, exhaust fan,
hmr dryer, heat lamp, scale and shave/make-up mirror
Two phones ~n guest rooms, one phone by the bed and another on the
desk; some guest rooms w~th phone in bath
Closed closets, with ample hangers; full-length mirror
States and luxury level accommodations avmlable
Non-smoking guest rooms available
Management is highly professional, generating staff commitment to guest
satisfaction
Staff is courteous, helpful, articulate knowledgeable, and well-groomed
Uniformed bellmen and doormen
Excellent d~mng facilities, ~nclud~ng at least one fine restaurant
Excellent room service, with extended hours, superior service, and a
vaned menu
Wake-up calls avmlable
Business services and meeting rooms
Swimming pool and health club on premises or available nearby
Most of the following available' barber and beauty shops, clothing and
sundries shops, comphmentary newspaper, complimentary shoeshine,
concierge, health club or privileges at a health club nearby, pool s~de food
and beverage sermce and recreation facdities on premises
Pagel0of 16
[ETEI~
~D P,
kRKINGI
-R~TAIL ~-
[] []
u IITJ ~.
RETAIL
RETAIL
E
TtiB t!
PROPOSED PARKING FACILITY
31st STREET I~VELOPMENT
E30 E30[
Page 11 of 16
EXHIBIT C
INVITATION FOR BIDS FOR MASTER LEASE OF APPROXIMATELY 26,000
SQUARE FEET OF RETAIL SPACE TO BE LOCATED IN THE PROPOSED 31s~r
STREET PARKING GARAGE IN THE CITY OF VIRGINIA BEACH, VIRGINIA
TO BE CONSTRUCTED
BY THE CITY OF VIRGINIA BEACH AND THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BID FORM
o
Name:
Respondent Information:
Address:
,
Lease Rate Offer
$
per square foot per annum
3. Attachments:
By:
Date
Page 12 of 16
EXHIBIT D
GENERAL TERMS OF MASTER LEASE
It ~s anticipated that the successful respondent will enter ~nto a Master Lease with the C~ty
and the Authority for the leasing of the Retail Space. The successful respondent shall then be
responsible for the development, management and subleasing of the Retml Space to a healthy
m~x of retail tenants which complements the hotel, the park and the remmnder of the oceanfront
development. The Master Lease shall generally ~nclude the following terms and shall otherwise
be a commercially reasonable master retml lease having terms and prowsmns common in the
Hampton Roads' first-class retad market:
Rental. In ~ts bid, the respondent should make a proposal for base rent based on a
dollar/gross square foot bas~s.
Term. 25 years.
Securtty Depostt. W~ll be reqmred. The respondent should make a proposal setting forth
its offered security deposit ~n its bid
Trtple Net Lease. In addition to any rent payable under the Master Lease, the Master
Lease tenant shall be responsible for its pro-rata share of all costs associated w~th the retail space,
including (a) common area maintenance (sidewalks, interior of Parking Garage designated for
use by Retail Space patrons) and utility charges for such areas, (b) real estate and other taxes, and
(c) hazard and other ~nsurance. The Master Lease tenant shall be responsible for all trash
collection at ~ts cost.
Use of Retatl Space. The Master Lease tenant and ~ts successors, assigns and subtenants
shall use the Retail Space for the operation of retml businesses as allowed by apphcable law and
for no other purpose. In addition, the use of the Retail Space shall be subject to the Basic Use
Restrictions set forth on Exhibit E The Master Lease tenant shall ensure through the subleases
that ~ts subtenants each (a) operate in the Retml Space on a year round basis, (b) staff their
stores w~th a sufficient number of employees, (c) make avmlable to the public a sufficient stock
of merchandise to accommodate any bus~ness that may be transacted, (d) mmntmn d~splays of
merchandise ~n any display w~ndows pursuant to a standard estabhshed by the Master Lease
Pagel3of 16
tenant; (e) keep the d~splay windows and signs well lit, (f) secure, maintain and comply w~th all
reqmred licenses and permits, (g) not conduct any auction, d~stress, fire or bankruptcy sale or
any fictitious going out of business sale, (h) maintain ~ts subleased premises m a clean, ordinary
and samtary condition, and 0) promptly pay all utihty bills and connection fees.
Maintenance and Repatr Obhgattons. The C~ty/Authonty shall be responsible for
repairing and/or replacing the structural elements of the Retad Space (i.e., exterior, roof, exterior
walls, sidewalks, repairs necessitated by structural failure). The Master Lease tenant shall be
responsible for all other maintenance and repair obhgatmns 0 e, windows, doors, interior
painting, floor covering, room fimsh, fixtures, plumbing, HVAC, electric).
Insurance. Subject to the City/Authonty's right to self insure, the C~ty/Authority shall
continuously mmntain the following insurance with respect to the Retail Space' (a) hazard
insurance to the extent of the full replacement cost of the Parking Garage (including the Retail
Space) and (b) liability insurance with minimum hm~ts of $5,000,000 per occurrence arising out
of ownership, maintenance or use of the Parking Garage (including the Retail Space). The
Master Lease tenant shall continuously mmntmn the following insurance w~th respect to the
Retail Space (a) habihty ~nsurance with mimmum limits of $5,000,000 per occurrence arising
out of the use of the Retml Space, (b) to the extent reqmred by law, workers' compensation
xnsurance, and (c) business interruption and/or rental loss insurance for at least a twelve month
period.
Casualty. If the Retail Space ~s damaged by fire or other casualty, the C~ty/Authonty
(provided that the City/Authority receives and appropriates adequate ~nsurance proceeds and
subject to lawful appropriation by the C~ty/Authonty of funds reqmred in addition to insurance
proceeds to cover all costs and expenses) shall promptly cause such damage to be repaired or
replaced, so long as the Master Lease is reasonably expected to be in effect for at least five years
from the date of damage
Condemnation. If the entirety of the Retml Space (or all means of access thereto) is taken
or condemned pursuant to the power of eminent domain, or by purchase under threat thereof, the
Master Lease shall terminate as of the date of taking. The Master Lease tenant shall have no
claim against the City/Authority as a consequence of any taking under eminent domain power or
Page 14 of 16
any right to assert in any eminent dommn proceeding a clmm to any port~on of the award or the
purchase price for the value of the unexpired term of the Master Lease. In the event of a
temporary taking pursuant to the power of eminent dommn that renders any part of the Retml
Space unusable, the Master Lease shall not termtnate, the Term shall be extended by the period
of the temporary taking, and the rental payment shall abate pro-rata based upon the port~on of the
Retml Space rendered unusable dunng the period of the temporary taking.
Asszgnment and Subletttng. City/Authority shall have the full and complete right at all
times to assign, pledge, encumber and/or otherwise convey any and all of ~ts interest ~n the
Master Lease or the Retml Space. The Master Lease shall not be assigned by the Master Lease
tenant ~n whole or ~n part. The Master Lease tenant shall have the right and obligation to
sublease the Retml Space, in part, w~th the prior written consent and approval of the
C~ty/Authonty, not to be unreasonably withheld, conditioned or delayed, to a healthy m~x of
retail tenants to complement the hotel, the park and the remmnder of the oceanfront project but
shall remain responsible for the payment of rent and for all other obhgations and habilities under
the Master Lease.
Alteratzons. The Master Lease tenant shall not alter or improve, nor cause any alterations
and ~mprovements to be made to, the Retml Space other than tenant fit-out and exterior
treatments requested by the subtenants under any subleases entered ~nto between the Master
Lease tenant and ~ts subtenants, as approved by the C~ty/Authonty
&gns; Extertor Decoratzons. The Master Lease tenant, and all subtenants, shall not place
or mmntain any s~gn w~thout first obtaimng the City/Authonty's prior written approval thereof
and all licenses, permits and approvals required by apphcable governmental authorities
Subordznatton. The Master Lease shall be subordinate to all mortgages, deeds of trust or
other security ~nstruments placed upon the Retad Space and the Parking Garage.
Page 15 of 16
EXHIBIT E
o
BASIC USE RESTRICTIONS
All businesses to be operated in the Retail Space must be compatible in nature w~th, and
complimentary to, the construction and operation of the intended four-star approximately
300 unit hotel to be built on the tract of land across Atlantic Avenue from the Parking
Garage, and any restaurants or nightclubs within the hotel. The businesses located within
the Retml Space must not be directly competitive with any restaurant or mghtclub
operated within the hotel The businesses must be h~gh-quahty retml compatible with a
300-room four-star hotel.
The following uses and activities shall be prohibited in the Retad Space' (a) any use
which emits or results in an obnoxious odor, nmse or sound which would constitute a
public or private nuisance (other than reasonable emanations of cooking odors from any
restaurants otherwise permitted in the Retail Space); (b) any use that ~s physically
damaging to other portions of the Retail Space or Parking Garage or that creates
dangerous hazards; (c) any laundromats; (d) any estabhshment selling or exhibiting
pornographic material; (e) any flea-market or pawn shop; (f) any pool or bdliard hall,
other than incidental use of pool or billiard tables for secondary entertainment purposes
provided solely to customers; (g) any video, pinball and/or amusement arcade, or simdar
entertainment facility; (h) any motion picture theaters; (i) any business establishment with
a drive-through window; (j) any tattoo or bodypIerclng or body jewelry parlors or
estabhshments; (k) any "head shops" or businesses selling Items perceived as Illegal
substance tnma; (1) any businesses selling exclusively tourists souvenir items and/or soft
drinks, beverages, snacks or candy for off-premises consumption; and (m) any horror or
fright houses.
C ~Documents and Sett~ngs\rbloom\Local Settmgs\Temp\rfpb~d agr4 wpd
Page 16 of 16
- 20-
Item V-I. 1.
PUBLIC COMMENT
ITEM # 49 719
Mayor Oberndorf DECLARED THE PUBLIC COMMENT PERIOD OPEN
Towing Advisory Board Recommendations
The followtng regtstered tn SUPPORT
Ernest Cooper, Operator -Artstocrat Towtng, 6539 East Vtrgtnta Beach Boulevard, NorJblk 23502,
Phone, 459-8010
Kathy Chapman, Portfoho Manager (multtple properttes/ Condomtntum and Home Owners's Assoctattons
throughout the Ttdewater area) 2224 Vtrgtnta Beach Boulevard, Sutte 201 23454, Phone 486-6000
Larry LeMasters, Affordable Towing, 2224 Vtrgmta Beach Boulevard, Sutte 201 23454, Phone 486-6000
Steve Cowan, 280 South Parhament Drtve, 23462, Phone 473-8610
John Taylor, Taylor's Towmg, 1927 Independence Boulevard 23455, Phone 461-3339
Bill Htggtns, 185 Mac Street 23462, Phone 461-5765
Karen Bernard, 429 Hartsdale Road 23462, Phone 473-9780, dtstrtbuted stattsttcs
Dave Frtedman, Prestdent- Century Towtng Servtce, 5004 Vtrgtnta Beach Boulevard 23462, Phone 460-9700
Judy Taylor, 640 Newtown Road 23462, Phone 434-2169, presented stattsttcs
The followtng spoke tn OPPOSITION:
Brtan Ktrwtn, 304 Crtpple Creek Court 23454, Phone 461-0177
Barbara Messner, Friends of the Mst the Street Park, 1413 Kara Court, 23454, Phone 422-1902
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT
June 4, 2002
Item V-I. 2.
- 21 -
PUBLIC COMMENT
ITEM # 49 720
Mayor Oberndorf DECLARED THE PUBLIC COMMENT PERIOD OPEN
Shore Drive Transportation Study and Design Guidelines
The followtng regtstered tn SUPPORT
Robert Stanton, Chatrman- Shore Drtve Advtsory Commtttee, 4141 First Court Road 23455
Kal Kasstr, Member - Shore Drtve Advtsory Commtttee and Prestdent of the Shore Drtve Merchants
Assoctatton, 2009 Alptne Road, Phone 481-0398
The followtng regtstered tn OPPOSITION to replacement of Lesner Brtdge
Todd R Solomon, 2260 Ftrst Landmg Lane 23451, Phone 496-5733,
Ttm Solantc, 3612 Dupont Ctrcle 23455, Phone 464-6922
Anne Kane, Concerned Ctttzens of Ocean Park Area, 2239 Roanoke Avenue 23455, Phone 363-7321
Anne Nelson, Ocean Park Ctvtc League, 3758 Chpper Bay Drtve 23455, Phone 318-7525
Daphne Atktns, 4492A Ocean Vtew Avenue 23455, Phone 464-5011
Jenntfer Solomon spoke for Marvtn Enms, 3556 On The Bay g403 23455, Phone 363-1740
Barbara Messner, Post Office Box 514, Phone 422-1902
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT
June 4, 2002
Item VJ.$.
- 22 -
ADD-ON
ITEM # 49721
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADDED to the
Consent Agenda
Ordtnance to extend the date (June 5, 2002)for sattsfytng conchttons tn the
matter of KENNETHA. HALL and $ & S ENTERPRISES re the closing,
vacating and dtsconttnutng of a portton of Spruce Street and two porttons
of Second Street to August 5, 2002
Vottng 10-0
Counctl Members Vottng Aye
Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
Item V-J.
- 23 -
ORDINANCES
ITEM # 49 722
Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Council APPROVED IN
ONE MOTION, Ordtnances 1, 2, 3, 4 and ADD-ON Or&nance (KENNETH A. HALL and S & S
ENTERPRISES) of the CONSENT AGENDA.
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
Item V-J. 1.
- 24 -
ORDINANCES
ITEM # 49 723
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED
Or&nance to APPROPRIATE $949,000 to the FY 2001-02 operattng
budget of the Comprehenstve Servtces Act (CSA) Spectal Revenue Fund
and APPR OPRIA TE/TRANSFER $665,000 to the FY2001-02 operattng
budget re juvenile probation
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
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, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
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AN ORDINANCE TO APPROPRIATE $949,000 TO THE FY
2001-02 OPERATING BUDGET OF THE COMPREHENSIVE
SERVICES ACT SPECIAL REVENUE FUND, AND TO
APPROPRIATE AND TRANSFER $665,000 TO THE FY
2001-02 OPERATING BUDGET FOR JUVENILE
PROBATION
WHEREAS, uncontrollable trends have created a deficit in
the Comprehensive Services Act Special Revenue fund, which provides
services for emotionally troubled youth; and
WHEREAS, over the past six years, usage of non-secure and
outreach detention and post-dispositional services have steadily
increased and have created a deficit in the Juvenile Probation
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. To address the CSA shortfall, $949,000 is hereby
appropriated to the FY 2001-02 Operating Budget of the
Comprehensive Services Act Special Revenue Fund, with $500,000 of
this amount being appropriated from fund balance in the
Comprehensive Services Act Special Revenue Fund and $449,000 being
appropriated from fund balance in the General Fund, with estimated
revenue increased accordingly.
2. To address the Juvenile Probation shortfall, $151,000
is hereby appropriated from fund balance in the General Fund to the
FY 2001-02 Operating Budget for Juvenile Probation, with estimated
revenue increased accordingly.
3. To further address the Juvenile Probation shortfall,
$514,000 is hereby transferred to the FY 2001-02 Operating Budget
for Juvenile Probation, with $435,000 being transferred from the
CSA and Juvenile Probation Reserve for Contingencies, and $79,000
being transferred from the General Fund Regular Reserve for
Contingencies.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the 4th day of June , 2002.
Requires an affirmative vote by a majority of the members
of City Council.
CA-8489
Ordin/Noncode/csafy2002ord.wpd
R6
May 28, 2002
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney' fice'
Item V-J. 2.
- 25 -
ORDINANCES
ITEM # 49 723
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $43,024from the State and
$28,097from the Federal Government to the FY2001-02 operattng budget
of the Department of Mental Health, Mental Retardatton and Substance
Abuse Services (MHMRSA) re increased services to clients.
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $43,024 FROM THE STATE
AND $28,097 FROM THE FEDERAL
GOVERNMENT TO THE FY 2001-02
OPERATING BUDGET OF THE DEPARTMENT
OF MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES, TO
PROVIDE INCREASED SERVICES TO
CLIENTS
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WHEREAS, the Virginia Beach Department of Mental Health,
Mental Retardation, and Substance Abuse has received additional
funding from the State and the federal government to provide
enhanced mental health services to clients; and
WHEREAS, no additional City funding is required to obtain
the additional State and federal funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $43,024 in estimated revenue from the Virginia
Department of Mental Health, Mental Retardation, and Substance
Abuse Services and $28,097 in estimated revenue from the federal
government is hereby accepted and appropriated to the FY 2001-02
Operating Budget of the City's Department of Mental Health, Mental
Retardation and Substance Abuse for the purpose of providing
increased services to the Department's clients.
2. That estimated revenue from the Commonwealth is
hereby increased by $43,024 and estimated revenue from the federal
government is increased by $28,097.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4th day of June , 2002.
CA-8504
Noncode[MHMRSA $43,024 & $28,097.ord
May 22, 2002
R1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~i~ AttornJs Office
Item V-d.3.
- 26-
ORDINANCES
ITEM # 49 724
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED:
Ordtnance to TRANSFER $200,000 wtthtn the FY 2001-02 operattng
budget of the Department of Mental Health, Mental Retardatton and
Substance Abuse (MHMRSA) re funding for facility refurbishment.
Vottng 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Wtlliam W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
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AN ORDINANCE TO TRANSFER $200,000
WITHIN THE FY 2001-02 OPERATING
BUDGET OF THE DEPARTMENT OF MENTAL
HEALTH, MENTAL RETARDATION AND
SUBSTANCE ABUSE TO PROVIDE FUNDING
FOR FACILITY REFURBISHMENT
WHEREAS, space leased at Pembroke Office Park by the
Virginia Beach Department of Mental Health, Mental Retardation, and
Substance Abuse, including public areas, has not been refurbished
in several years and is in need of painting, carpeting, and
reconfiguration; and
WHEREAS, of the $350,000 needed for the refurbishment,
$150,000 is currently available in the Department's operating
accounts, but $200,000 needs to be transferred from the
Department's personnel accounts to its operating accounts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $200,000 is hereby transferred within the FY 2001-02
operating budget of the Department of Mental Health, Mental
Retardation, and Substance Abuse for the purpose of refurbmshing
space leased by the Department at Pembroke Office Park.
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Adopted by the Council of the City of Virginma Beach,
Virginia, on the 4th day of Jun~ , 2002.
CA-8503
Noncode/MHMRSA Facility Refurbishment.ord
May 23, 2002
R2
APPROVED AS TO CONTENT:
~anage~en~ Services
APPROVED AS TO LEGAL
SUFFICIENCY:
Item V-J. 4.
-27-
ORDINANCES
ITEM ii 49 725
Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED:
Ordinance to TRANSFER $142,000 wtthtn the department of Pubhc
Works' FY 2001-02 operattng budget re replacement of an automated
waste collection vehicle.
Vottng 10-0 (By Consen0
Council Members Vottng Aye
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, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
AN ORDINANCE TO TRANSFER $142,000
WITHIN THE DEPARTMENT OF PUBLIC
WORKS' FY 2001-02 OPERATING BUDGET
TO FUND A REPLACEMENT AUTOMATED
WASTE COLLECTION VEHICLE
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WHEREAS, an automated waste collection vehicle was
involved in an accident on April 16, 2002, and requires replacement
to maintain services to residents of the City, and there are
sufficient funds available within the FY 2001-02 Operating Budget
of the Department of Public Works Waste Management Division to
transfer for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
That $142,000 is hereby transferred within the Department
of Public Work's FY 2001-02 Operating Budget to purchase a
replacement automated waste collection vehicle.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4th day of June , 2002.
CA-8502
noncode/waste collection vehicle.ord.wpd
May 21, 2002
R1
APPROVED AS TO CONTENT:
~/Management] 'S e rv'i ces
APPROVED AS TO LEGAL
SUFFICIENCY:
City At torne]~
Item V=J. 5.
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ORDINANCES
ITEM # 49 726
Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Henley, Ctty Counctl ADOPTED:
Ordtnance to extend the date (June 5, 2002)for sattsfytng condtttons tn the
matter of KENNETHA. HALL andS & S ENTERPRISES re the clostng,
vacattng and dtsconttnutng of a portton of Spruce Street and two porttons
of Second Street to August 5, 2002
Vottng 10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
June 4, 2002
AN ORDINANCE EXTENDING THE DATE FOR
SATISFYING CONDITIONS IN THE MATTER OF
THE CLOSING, VACATING AND
DISCONTINUiNG OF A PORTION OF SPRUCE
STREET AND TWO PORTIONS OF SECOND
STREET, UPON THE APPLICATION OF
KENNETH A. HALL AND S & S ENTERPRISES
WHEREAS, on June 5, 2001, the Council of the C~ty of V~rg~ma Beach acted upon the
applications of Kenneth A. Hall and S & S Enterprises for the closure of portions of three streets as
10 follows
11 1.
12
A portion of Spruce Street located between Block 9,
Jacksondale and Block D, Rosemont;
13 2
14
A portion of Second Street located between Blocks B & D,
Rosemont;
15 3.
16
A portion of Second Street located between Blocks 3 & 9,
Jacksondale, and
17
WHEREAS, on June 5,2001 the Council adopted three (3) Ordinances to close the aforesaid
18 streets, subject to certain conditions being met on or before June 5, 2002; and
19
WHEREAS, the applicants have requested an extension of time to satisfy the conditions
2 0 attached to the aforesaid street closures.
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
2 2 VIRGINIA BEACH, VIRGiNIA'
23
That the date for meeting conditions of closure as stated in the Ordinances adopted on June
2 4 5, 2001, upon apphcat~on of Kenneth A. Hall and S & S Enterprises, is extended to August 5, 2002
25
26
Adopted by the Council of the City of Vlrg~ma Beach, Vlrglma, on the 4th day of
June ,2002.
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CA-8479
ORDIN~NONCODE\CA8479 ORD
Date: 06/04/02
R1
APPROVED AS TO LEGAL
SUFFICIENC3'7_
Clt4~torn~y' s Office 6'-'9
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V-K. 1.
APPOINTMENTS
ITEM # 49 72 7
Upon NOMINATION by Vtce Mayor Sessoms, City Council APPOINTED:
C. Mac Raw& Chair
Fred Hazelwood - First Landing State Park
Edwin K. Brown - Francis Land/Thoroughgood House
Steve Mansfield- Virginia Wesleyan College
E. Sidney Vaughn - Princess Anne/Virginia Beach Historical Society
Robert C. Fort - Virginia Beach Vision
President/Designee - Virginia Beach Hotel/Motel Assn.
Chair/Board Designee - Virginia Beach School Board
Sharon L. Fraim - Virginia Beach Arts & Humanities
Samuel J. Arrington - Virginia Beach Chamber of Commerce.
Roy A. Dudley - Order of Cape Henry
Commanding. Officer/Designee - Ft. Story
Commanding Officer/Designee - Oceana
Tommy J. Bogger - Norfolk State University.
Oliver Perry - Nansemond River Tribe
Susan Hirschbiel- Virginia Arts Festival
Elsie M. Barnes
Wylie French
Cornell Fuller
Manuel A. Hipol
Carolyn R. Lincoln
No Terms
VIRGINIA BEA CH/JAMESTO WN 2 O0 7 ANNIVERSARY STEERING COMMITTEE
Voting 10-0 (By Consent)
Councd Members Voting Aye
Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III
June 4, 2002
V-No
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ITEM # 49 728
ADJOURNMENT
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:44 P.M.
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
June 4, 2002