JULY 2, 2002 MINUTESCity of Virginia Beach
"COMMUHITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
MARGARET L EURE, Centervdle - District 1
LOUIS R JONES, Baystde - District 4
REBA S McCI.4NAN, Rose Hall -Dtstrtct 3
RICHARD A MADDOX, - Beach -Dtstrtct 6
ROBERT C MANDIGO, JR., Kempsvtlle -Dtstrtct 2
JIM REEVE, -Prtncess Anne -Dtstrtct 7
PETER 14' SCHMIDT, -At-Large
RON A V1LLANUEVA, - At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven . Dtstrtct 5
JAMES K SPORE, City Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES-SMITH, MMC, Cay Clerk
CITY COUNCIL AGENDA
.O,~ OUR
,%
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-900§
PHONE (757) 427-4504
FAX (757) 426-5669
EMAIL Ctycnci~vbgo~ corn
July 2, 2002
I. CITY COUNCIL BRIEFING
- Conference Room -
3:30PM
Ao
MINORITY BUSINESS COUNCIL
Louisa Strahom, MBC Member
1I. REVIEW OF AGENDA ITEMS
Iii. CITY COUNCIL COMMENTS
INFORMAL SESSION
- Conference Room-
5:30PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
Bo
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Rabbi Aaron Margolih
Chabad Lubavitch of Tidewater
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D
ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
Fo
CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL
Presiding:
The Honor~tble J. Curtis Fruit
Clerk of the Virginia Beach Circmt Court
1. OATH OF OFFICE TO MEMBERS OF CITY COUNCIL
2. ELECTION OF VICE-MAYOR
3. OATH OF OFFICE TO VICE MAYOR
Ge
FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL
Mayor Meyera E. Obemdorf, Presiding
H. MINUTES
1. INFORMAL AND FORMAL SESSION
June 25, 2002
I. AGENDA FOR FORMAL SESSION
J. ORDINANCES
1. Ordinances to AMEND City Code:
a. §§ 23-51 and 23-53.1 re tattooing and body piercing.
b. § 2-72 re to provide for the appointment of Alternates to the Personnel Board.
.
Ordinances to AUTHORIZE temporary encroachments into portions of City owned
property.
a,
Lake Rudee by L&M CONSTRUCTION, L.L.C., re rip-rap revetment, pier
and boat lift at 300 Indian Avenue in Shadowlawn Heights.
(DISTRICT 6- BEACH)
bo
Cape Henery Drive by DIMITRIOS and JOSE L. HIONIS re right-of-way for
bus~ness related parking at 3323 Shore Drive (Bubba's Marina)
(DISTRICT 5 - LYNNHAVEN)
Ordinance to reduce the annual salary of a City Council Member representing District
Number 6- Beach to provide a potential charitable donation.
Ordinance to allow the recovery of expenses incurred in responding to terrorism hoax
incidents, not to exceed $1,000.00.
°
.
Ordinance to APPROPRIATE $83,118 from the fund balance of the E-911
Commumcatlons Special Revenue Fund to the FY 2002-2003 operating budget of the
Communications and Information Technology (COMIT) re purchase, installation and
trmmng for telephony routing software.
Ordinance to AUTHORIZE the TRANSFER of $1,413 from the General Fund Reserve
for contingencies to the Sheriff's department's FY 2002-2003 operating budget re
reimbursing a Deputy Sheriff for legal fees and expenses incurred m h~s defense of a
criminal charge arising out of an act committed in the dmcharge ofh~s official duties
Ko
PLANNING
o
Application of FREDERICK P. PERKINS for a Variance of the Subdivision
Ordinance, at 1004 Wheelgate Lane re subdividing two(2) sites into four(4) residential
lots
(DISTRICT 4 - BAYSIDE)
Recommendation:
APPROVAL
.
Application of DANNY MARTIN for a Change of Zoning District Classification from
A-12 (SD) and A-18 (SD) Apartment Districts to A-18 with a PD-H2 Overlay (Shore
Drive Corridor Overlay District) Pleasure House Road and North Greenwell Road,
containing I acre.
( DISTRICT 4- BAYSIDE)
Staff Recommendation:
Planning Commission Recommendation:
DEFER INDEFINITELY
APPROVAL
.
Application of ROBERT K. and LANG X. BELL for a Change of Zoning District
Classification from R-SD Residential Duplex District to Conditional B-1
Neighborhood District at Indian River Road and Level Green Boulevard (6041 Indian
River Road), containing 18,412 square feet.
(DISTRICT 1 - CENTERVILLE)
Recommendation:
APPROVAL
Application of VOiCE STREAM WIRELESS for a Conditional Use Permit for a
communication tower at Lynnhaven Parkway and Sydenham Trail(1993 Sun Devil Hill),
containing 59.4915 acres.
{,DISTRICT I - CENTERVILLE)
Recommendation:
APPROVAL
Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for auto
rental at Independence Boulevard and Smith Farm Road (2017 Independence
Boulevard), containing 18,209 square feet.
(DISTRICT 4- BAYSIDE)
Recommendation:
APPROVAL
,
Application of TRUE VINE for a Conditional Use Permit for a church at Virginia Beach
Boulevard and Davis Street (5465-H Virginia Beach Boulevard), containing 600 square
feet (DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
,
Application of TIDEWATER INVESTMENTS, L.L.C., for a Conditional Use Permit
tbr an automated car ~vash (addition to existing fuel sales) at Providence Road and Lord
Dunmore Drive (5285 Providence Road), containing 20,737 square feet.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
·
Application of KEMPSVILLE CHURCH OF CHRIST for a Conditional Use Permit
for a church at Parliament Drive and Yoder Lane (5424 Parliament Drive), containing
4 539 acres
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
,
Application of THALIA UNITED METHODIST CHURCH for a Conditional Use
Permit for a church expansion at Virginia Beach Boulevard and North Fir Avenue (4321
Virginia Beach Boulevard), contmning 3.9 acres.
(DISTmq.,T 3- ROSE HALL)
Recommendation:
APPROVAL
10
Application of VERONICA LITTLE BEASLEY for a Conditional Use Permit for a
family day-care home at Forest Glen Road and Windsor Oaks Boulevard (3901 Forest
Glen Road), containing 10,500 square feet. ( DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
11.
MODIFICATION OF CONDITIONS placed on the application approved May 9, 2000,
in behalf of HALE BOATEL 1NC., T/A SHORE DRIVE MARINE for a Conditional
Use Permit for boat sales & small engine repair (3744 Shore Drive).
(District 4- BAYSIDE)
Recommendation:
APPROVAL
L. APPOINTMENT
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW '~ND ALLOCATION COMMITTEE (COIG)
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC)
M
UNFINISllED BUSINESS
N NEW BUSINESS
O ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
ltearing impaired, call TDD only 427-4305
{TDD - 'I elephomc Device for the Deaf)
06 27 02slh
,\{,I NI)A {}7 ¢12.02
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o~. OUR
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2 July 2oo2
Mayor Meyera E Oberndorf called to order the CITY COUNCIL 'S BRIEFING re MINORITYB USINESS
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, July 2, 2002, at 3 30
PM
Counctl Members Present
Louts R Jones, Reba S McClanan, Rtchard A Maddox, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt,
Ron A Vzllanueva, Rosemary Wtlson and James L Wood
Counctl Members Absent
Margaret L Eure [Entered 4 O0 P MI
-2-
CITY MANAGER'S BRIEFING
MINORITY BUSINESS COUNCIL
3:30 P.M.
ITEM # 49856 (Continued)
Patrtcza Phdhps, Dtrector of Finance, introduced Loutsa Strayhorn, Member -Mtnortty Bustness Counctl
Lomsa Strayhorn recogmzed the attendance of Shewhng Moy Wong, former Chart of the Mtnortty Bustness
Councd Ms Strayhorn expressed apprectatton to the support staff for their dedtcated and unselfish
asststance
City Council Liaisons
Robert C. Mandigo, Jr.
Rosemary Wilson
Patricia Phillips
DirecWr of Finance
Lawrence Spencer, Jr.,
Assistant City Attorney
Bill Davis
Purchasing Agent
John McConnell
Procurement Special
Loretta Brown
Executive Secretary
The Minority Business Council plays an important role tn Ctty government The Councd was instrumental
tn provtdtng thts mechamsm whereby mmortty and women-owned business concerns can be heard and
constdered
MISSION
To asstst the City tn tts efforts to tncrease parttctpatton of mtnortty-
owned bustnesses, women-owned bustnesses and small businesses tn
the procurement process and to assure that procurement opportuntttes
are made avadable to all persons regardless of race, rehgton, color,
sex, nattonal ortgtn or dtsabtltty
GOALS
Identify and encourage ctty agenctes and firms projecting the City's
tmage to fatrly reflect Vtrgtnta Beach as a Ctty of ethmc and ractal
dtverstty when carrymg forward the Ctty's bustness
Help achteve and matntatn the opportumty for improved mmortty
bustness parttctpatton levels tn the procurement process for goods,
servtces, constructton and houstng
July 2, 2002
-3-
CITY MANAGER'S BRIEFING
MINORITY BUSINESS CO UNCIL
ITEM # 49856 (Continued)
2 O01 ACCOMPLISHMENTS
Minority Awareness Education 29 decentrahzed buyers received
mtnortty awareness tratntng tn procurtng goods and servtces Key ctty
department &rectors and thetr staffs parttctpated tn Mtnortty Bustness
Counctl meetings Economtc Development, Conventton and Vtsttor
Development, Department of Pubhc Works, Medta Communtcattons,
Planntng Department, and, Vtdeo Servtces
Outreach Efforts Parttctpatton on Vtrgtnta Beach Televtston's
Community Dtalogue program Utthzatton of newspaper, radto and
VBTV to promote the efforts of the Mmortty Busmess Counctl Formal
Sohcttattons posted on Webstte and "Bid Alert" Servtces Available
for Nominal Charge Staff and Mmortty Business Counctl
Representatton of Ttdewater Regtonal Mtnortty Purchastng Counctl
Representattves from external organtzattons parttctpated tn Mtnortty
Bustness Counctl Meetings Hampton Roads Technology Incubator,
NAA CP, and, Pavthon Awareness~Steering Committee
Training and Networking Opportunities Fourth Annual MBC Expo
and Conference, Expo Area representmg seventeen (17) ctty agenctes
and eight (8) pubhc organtzattons Three tnstructtonal breakout
sesstons and Awards Banquet Awards are presented to a Mtnortty
Owned Busmess, a small bustness and a women owned business for
outstandmg servtces They are chosen by the Ctty for fulfillment of a
parttcular contract Video tapes of selected EXPO acttvtttes are
avatlable
Data Collection and Analysis
$8,000,000
$6,00O,000
$4,000,000
$2,000,000
$0
Procurement & Payment Data for
Minority Businesses
$4,~87,~,!0
~00 ~01
B Expenditures l¢ of F~rms ,
Fiscal Year 2000 Minority Payment Data
$119,92~19'667
$189,503 I
,,,--$1,354,959
$1,279,555
[
Total Expenditures = $2,963,610
il African American
· American Indian
H~spamc Amencan iaAs~an Amencan
[] Alaska Natwe
June 25, 2002
-4-
CITY MANAGER'S BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 49856 (Continued)
Fiscal Year 2001- Minority Payment Data
$1,707,946
$10,362
$58,959~ '
I $1,354,569
_l
$1,756,074
Total Expenditures = $4,887,910
[IAfncan Amencan
i ·Amencan Indian
[] H;spamc Amencan [] As~an Amencan
[] Alaska Native
The Number of Women-Owned Businesses Doing Business with the City increased 296. 08 %:
Procurement & Payment Data for Women
Owned Businesses
4,000,000
3,000,000
[2,000,000
1,000 000
'$0
$2,002,726
$1,216,885
51 202
I,~':~,~',':',,,,~,,~'~'~',,~',~ I
FY00 FY01
i F1Expend~tures []# ofF~rms =~
The dollar value of minority contracts awarded for goods and services procured through the City's formal
procurement methods, increased more than 281.68~
$60,000,000
$40,000,000
$20,000,000
$o
$52,550,898 $50,457,879
$469,375 $1,791,5'B
i
FY00 FY01
Awarded M~nonbes [] Total $ Awarded
Dollar value of minority contracts award for construction through the City's Formal Procurement
methods increased 175%
$40,000,000
$30,000,000
$20,000,000
$10,000,000
$o
$29,847,216
$23,674,069 ~
$113,001 ~] $310~882
FY00 FY01
Awarded M~noribes [] Total $ Awarded
June 25, 2002
CITY
-5-
MA NA GER 'S
BRIEFING
MINORITY BUSINESS COUNCIL
ITEM # 49856 (Continued)
Payments Made to Minorities
FY 2000 and FY 2001
Total payments to minority vendors
Total payments to all competitive
vendors*
% oftotalpayments to minority
vendors
2000
$ 2,963,610
$ 99,473,550
2.98%
2001
$ 4,887,910
119,171,649
4. O8%
*Payments in categories where minorities are identified. Excludes categories such as utilities, debt service,
etc.
Payments Made to Women-Owned Businesses
FY 2000 and FY 2001
Total payments to women-owned
vendors
Total payments to all competitive
vendors*
% oftotalpayments to women-owned
vendors
2000
$ 1,216,885
$ 99,473,550
2.98%
2001
$ 2,oo2,726
119,171,649
4. O8%
*Payments in categories where minorities are identified. Excludes categories such as utilities, debt service,
etc.
Relattve postmg of bonds, Ms Strayhorn advtsed the Minority Business Council was trytng to make sure
there are connecttons between organtzattons that did provtde thts servtce The Purchasmg Department
revtewed ratstng the level of the rate where contracts could be secured wtthout the full bondtng tssue The
Mtnortty Council was attempttng to have groups of compantes work together to btd on the same contract
as opposed to one small agency trytng to btd agatnst large agenctes Thts concept has been successfully
accomphshed tn Atlanta
Ms Wong advtsed Workshops have been provtded relattve bonding tssues
Ms Strayhorn was very grateful for the asststance of Counctl Ltatsons Man&go and Wtlson
July 2, 2002
-6-
,4 GEND,4 RE VIE W SESSION
3:57P. M.
ITEM # 4985 7
d 1 Ordtnance to ,4MEND Ctty Code
a ~3~ 23-51 and 23-53 1 re tattooing and body piercing
Mayor Oberndorf referenced Delegate McDonnell's correspondence Delegate McDonnell represents the
tattooing and body pterctng representattves and wtll be unable to be tn attendance durtng the Ctty Counctl
Sesston He beheves the amendments to the Code are onerous to hts chents Wtthtn the next thtrty days,
Delegate McDonnell wtshes to meet wtth the Mayor and the City Attorney to confer The tndustry destres
fewer restrtcttons
Counctl Members Branch and Man&go were the Ctty Counctl Ltatsons re tattootng who studted the
tndustry's requests re tattootng relative the areas available and maktng a recommendatton to Ctty Counctl
Counctlman Man&go advtsed the tndustry was not happy the parlors could not be located tn the R-2 zontng
at the Oceanfront and wtshed the requtrements be less restrtcttve tn the B-2 Since that ttme, two tattoo
parlors have been approved tn the B-2 area The tndustry's complaint ts the properttes are not avatlable
rtght now
Counctlman Reeve had conferred wtth the Ctty Attorney and tnqutred re the requtrement offour-year record
keeptng and the same sex tattootng The industry beheved thts would be the tndtvtdual's chotce
ITEM # 49858
d 1 Or&nance to ,4MEND Ctty Code
b 3~ 2-72 re to provtde for the appotntment of,41ternates to the
Personnel Board
Fagan Stackouse, Dtrector of Human Resources, advised the Personnel Board ts comprtsed of five (5)
members No provtston has been made for the appotntment of alternates The proposed ordtnance would
allow, but not requtre, the Ctty Council appotnt one or two alternates to the Board It also specifies the
bastc procedure by whtch alternates are called to serve tn the absence of a regular member The absence
of one or more members of the Board, however potenttally dtmtmshes the effecttveness of the Board at
meetings
ITEM # 49859
J4
Ordtnance to allow the recovery of expenses tncurred tn
respon&ng to terrorism hoax tnctdents, not to exceed
$1,000 O0
Mayor Oberndorf tnqutred relattve recovertng the reasonable costs not to exceed $1,000 Thts seems a very
small amount Deputy City Attorney Macah advtsed a Ctty Ordtnance was enacted requesttng the General
Assembly allow for recovery of some of the expenses The General Assembly placed a cap of $1, O00, but
funds can be requested later The Mayor advised expenses tnvolvtng terrorists hoaxes are much larger than
$1,000 Deputy City Attorney Macah advised thts was modeled from the DUI Ordtnance Hopefully, durtng
next year's General Assembly, the funds wtll be raised constderably
ITEM # 49860
J5
Ordmance to ,4PPROPRI,4 TE $83,118 from the fund
balance of the E-911 Communtcattons Spectal Revenue
Fund to the FY 2002-2003 operattng budget of the
Communtcattons and Informatton Technology (COMIT)
re purchase, tnstallatton and tratntng for telephony
routing software
Counctl Lady McClanan expressed concern re the utthzatton of the fundmg Gwen Cowart, Dtrector of
COMIT advtsed the funds wtll be utthzed for the acqutsttton of the sofiware product, and tts tnstallatton and
tmplementatton, not for salartes The funds are therefrom the State The approprtatton ts necessary to
enable expendttures of these funds
July 2, 2002
-7-
AGENDA RE VIEW SESSION
ITEM # 49861
B Y CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES
J I Or&nances to AMEND City Code
a 3~ 23-51 and 23-53 1 re tattooing and bodypiercing
b 3~ 2-72 re to provtdefor the appotntment of Alternates to
the Personnel Board
J 2 Ordtnances to AUTHORIZE temporary encroachments
mto porttons of Ctty owned property
Lake Rudee by L&M CONSTRUCTION, L.L.C., re rip-
rap revetment, pier and boat lift at 300 Indtan Avenue tn
Shadowlawn Hetghts
(DiSTRict 6- BEACH)
Cape Henry Drtve by DIMITRIOS and JOSE L. HIONIS
re rtght-of-wayfor busmess relatedparkmg at 3323 Shore
Drtve (Bubba's Martna)
(DISTRICT 5- L YNNHA VEN)
J3
Orchnance to reduce the annual salary of a Ctty Counctl
Member representtng Dtstrtct Number 6- Beach to provtde
a potential charitable donation
J4
Ordtnance to allow the recovery of expenses tncurred tn
respondtng to terrorism hoax tnctdents, not to exceed
$1,000 O0
J5
Ordinance to APPROPRIATE $83,118 from the fund
balance of the E-911 Communtcattons Spectal Revenue
Fund to the FY 2002-2003 operatmg budget of the
Commumcattons and Informatton Technology (COMIT)
re purchase, tnstallatton and tratntng for telephony
routing software.
.16
Ordinance to AUTHORIZE the TRANSFER of $1,413
from the General Fund Reserve for contmgenctes to the
Sheriff's department's FY2002-2003 operatmg budget re
retmbursmg a Deputy Sherzff for legal fees and expenses
recurred tn hts defense of a crtmmal charge artstng out of
an act commttted tn the dtscharge of his offictal duties
.1uly 2, 2002
-8-
,4 GENDA RE VIE W SESSION
ITEM # 49862
K2
Apphcatton of DANNYMARTIN for a Change of Zomng
Dtstrtct Classtficaaon from A-12 (SD) and A-18 (SD)
Apartment Districts to ,4-18 with a PD-H2 Overlay
(Shore Drtve Corridor Overlay DtstrtcO Pleasure House
Road and North Greenwell Road, containing 1 acre
( DISTRICT 4 - BA YSIDE)
Councdman Jones recommended Indefinite Deferral because of the 25-foot Ctty easement that ts not
currently tn the use by the Ctty The apphcant has pettttoned the Ctty for the sale of thts excess property
The Ctty Counctl must approve the sale of the easement tn order for thts project to be developed
Councd Lady McClanan referenced the homes along Shore Drtve whtch appear to have wtndows "pasted
on" Thts apphcatton also appears to have these wtndows
Stephen Whtte, Planmng, advised those types of wtndows would not adhere to the design gmdehnes re Shore
Drtve adopted by Ctty Councd
Councdman Jones advised the stgn ts not posted for thts apphcatton
Councdman Schmtdt tnqmred relauve the purchase of rtght-of-wayfrom the Ctty Robert Scott, Director of
Plannmg, advtsed the property ts assessed and transferred at fatr market value
ITEM # 49863
K8
Apphcatton of KEMPSVILLE CHURCH OF CHRIST for a
Condtttonal Use Permtt for a church at Parhament Drtve and
Yoder Lane (5424 Parhament Drive), containing 4 539 acres
(DISTRICT 2 - KEMPSVILLE)
Councdman Mandtgo wall ABSTAIN as he was appotnted Asststant Treasurer for the Carolanne Farms
Swtm Club There are tssues relattve the driveway access and easement
ITEM # 49864
K9
Apphcatton of THALIA UNITED METHODIST
CHURCH for a Condtttonal Use Permtt for a church
expansion at Vtrgtnta Beach Boulevard and North Ftr
Avenue (4321 Vtrgmta Beach Boulevard), contatmng 3 9
acres
(DISTRICT 3 - ROSE HALL)
Councd Lady McClanan tnqutred re the landscaptng
Stephen White advtsed the Planntng Commtsston deleted sub condtttons relattve landscaptng tn Condttton
1 and replaced wtth the statement "It shall be tn conformance wtth the Stte Plan Ordtnance"
The apphcant must tnstall landscaptng accordtng to the requirements of the Ordtnance
July 2, 2002
-9-
.4 GEND.4 RE VIE W SESSION
ITEM # 49865
K l0 Apphcatton of VERONIC.4 LITTLE BE.4SLEYfora
Condtttonal Use Permtt for a family day-care home at
Forest Glen Road and Wmdsor Oaks Boulevard (3901
Forest Glen Road), contatnmg 10,500 square feet (
DISTRICT 3 - ROSE HALL)
Counctl Lady McClanan advtsed a stgn has not been posted and requested this apphcatton be DEFERRED
The Mtnutes of the Plannmg Commtsston reflect the apphcant wishes to reduce the number of chtldren to
etght (8), however, the agenda states 10 chtldren other than those hvtng tn home Thts yard ts very small
Counctl Lady Eure was concerned relattve the number of chtldren already hvtng tn the home Thts ts not clear
tn the Planntng Commtsston Mtnutes Council Lady McClanan wtll revtew
Counctl Lady Eure tnqutred tf the apphcant ts already tn bustness Mr Whtte understood they are
Counctlman Schmtdt tnqmred relattve the requtrements of fenctng as the chtldren are 2 to 12 years old Mr
Whtte advtsed the apphcant must also recetve a hcense from Soctal Servtces who defines requtrements re
fenctng and tntertor arrangements, etc Mr White advtsed she ts tn the process of obtatnmg a hcense
Counctl Lady McClanan advtsed there ts a canal dtrectly behtnd thts property The fenctng would have to be
rather htgh to serve a purpose
ITEM # 49866
K 11 MODIFICATION OF CONDITIONSplaced on the apphcatton
approved May 9, 2000, tn behalf of HALE B0.4 TEL INC., T/.4
SHORE DRIVE MARINE for a Condtttonal Use Permtt for boat
sales & small engine repair (3 744 Shore Drtve)
(Dtstrtct 4 - BA YSIDE)
Councilman Jones referenced the rendertngs noted tn the Verbattm Mtnutes of the Planmng Commtsston and
asked tf they would be avatlable for the Formal Session Mr White advtsed Attorney Bourdon wtll be tn
attendance and has the rendertngs A reduced verston ts contained wtthtn the Ctty Counctl Package
Councilman Jones satd these were not very clear
Mayor Oberndorf referenced receipt of an E-marl as the Chatr of the Beautification Commtttee wishes to
speak
Thts ttem wtll be dtscussed durtng the Formal Sesston
ITEM # 49867
Mayor Oberndorf suggested the Appotntments be RESCHEDULED
ITEM # 49868
B Y CONSENSUS, the followtng shall compose the PLANNING B Y CONSENT.4GEND.4:
K1
Apphcatton of FREDERICK P. PERKINS for a Vartance
of the Subdtvtston Ordtnance, at 1004 Wheelgate Lane re
subdtvtdtng two(2) sttes tnto four(4) restdenttal lots
(DISTRICT 4 - BA YSIDE)
K2
Apphcatton of DANNY MARTIN for a Change of Zomng
Dtstrtct Classtficatton from .4-12 (SD) and .4-18 (SD)
.4partment Districts to.4-18 with a PD-H2 Overlay (Shore
Drtve Corrtdor Overlay DtstrtcO Pleasure House Road and
North Greenwell Road, contatmng 1 acre
(DISTRICT 4- BA YSIDE)
July 2, 2002
-IO-
GENDA RE VIEW SESSION
ITEM # 49868 (Continued)
K3
K4
K5
K6
K7
K8
K9
KIO
Apphcatton of ROBERT K. and LANG X. BELL for a
Change of Zonmg Dtstrtct Classtficatton from R-5D
Residential Duplex District to Conditional B-1
Neighborhood District at Indtan Rtver Road and Level
Green Boulevard (6041 In&an Rtver Road), contatntng
18,412 square feet
(DISTRICT 1 - CENTER VILLE)
Apphcatton of VOICE STREAM WIRELESS for a
Condtttonal Use Permtt for a communication tower at
Lynnhaven Parkway and Sydenham Tratl(1993 Sun Devtl
HtlO, contamtng 59 4915 acres
(DISTRICT 1 - CENTER VILLE)
Apphcatton of ENTERPRISE RENT-A-CAR for a
Conchttonal Use Permtt for auto rental at Independence
Boulevard and Smtth Farm Road (2017 Independence
Boulevard), contammg 18,209 square feet
(DISTRICT 4 - BA YSIDE)
Apphcatton of TRUE VINE for a Condtttonal Use Permtt
for a church at Vtrgmta Beach Boulevard and Davts Street
(5465-H Vtrgmta Beach Boulevard), contammg 600 square
feet (DISTRICT 2 - KEMPSVILLE)
Apphcatton of TIDEWA TER INVESTMENTS, L.L. C., for
a Con&ttonal Use Permtt for an automated car wash
(addition to extstmg fuel sales') at Provtdence Road and
Lord Dunmore Drtve (5285 Provtdence Road), contammg
20, 73 7 square feet
(DISTRICT 2- KEMPSVILLE)
Apphcatton of KEMPSVILLE CHURCH OF CHRIST for
a Condtttonal Use Permttfor a church at Parhament Drtve
and Yoder Lane (5424 Parhament Drtve), contatntng 4 539
acres
(DISTRICT 2 - KEMPSVILLE)
Apphcatton of THALIA UNITED METHODIST
CHURCH for a Condtttonal Use Permit for a church
expansion at Vtrgtnta Beach Boulevard and North Ftr
Avenue (4321 Vtrgmta Beach Boulevard), contammg 3 9
acres
(DISTRICT 3 - ROSE HALL)
Apphcatton of VERONICA LITTLE BEASLEY for a
Condtttonal Use Permtt for a family day-care home at
Forest Glen Road and Wmdsor Oaks Boulevard (3901
Forest Glen Road), contamtng 10,500 square feet (
DISTRICT 3 - ROSE HALL)
Counctlman Man&go wtll ABSTAIN on Item K 8, as he ss the Asststant Treasurer of the Carolanne Swtm
Club
Item K 2 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
Item K 10 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT.
July 2, 2002
-ll-
CITY COUNCIL COMMENTS
4:18 P.M.
ITEM # 49869
Counctlman Reeve advtsed as the first order of offictal business wtll be selecttng the Vtce Mayor and due to
the Attorney General's ruhng thts wtll be a new process, Counctlman Reeve requested dtscusston durtng thts
Sesston to obtatn gutdance for the Formal Sesston
The Ctty Attorney advtsed a trachtton has been followed tn the past The Ctty Code requtres the selectton of
a Vice Mayor at the Organtzattonal Meettng every two years The tntttal dtscusstons tn prevtous years had
been durtng Closed Sesston Last year, the Attorney General ruled thts could no longer occur All dtscusstons
must be tn Open Sesston The Ctty Attorney has concluded that the Personnel exceptton under the Freedom
of lnformatton Act relates to the Ctty Counctl's employees and persons dtrectly appotnted, not to Counctl
Members The long standmg procedure of Ctty Counctl has been all names are placed tn nomtnatton and
votes taken on each can&date Irrespecttve of recetvtng stx votes, all can&dates were voted upon The Ctty
Code states where there ts not a written By-Law, the Counctl can refer to general Parhamentary Procedures
or Ctty Counctl can estabhsh thetr own procedure
ITEM # 498 70
The Clerk of the Ctrcutt Court, d Curtts Frutt, wtll ceremomously swear-tn the newly elected members of Ctty
Counctl Then Mayor Oberndorf wtll assume the Chart for NOMINATIONS of VICE MAYOR
July 2, 2002
- 12-
ITEM # 498 71
Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the I/IRGINI,4 BEACH CITY
COUNCIL tn the Ctty Council Conference Room, Ctty Hall Bmldmg, on Tuesday, July 2, 2002, at 4 25 P M
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
July 2, 2002
- 13-
ITEM # 498 72
Mayor Meyera E Oberndorf entertatned a morton 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
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 bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Lake Lawson/Lake Smtth Property
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 requtrtng the
provtston of legal advtce by counsel pursuant to Sectton 2 2-3 771(A)(7)
Upon motton by Counctlman Man&go, seconded by Counctlman Jones, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
(4:25 P.M. - 5:30 P.M.)
July 2, 2002
- 14-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
July 2, 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, July 2, 2002, at 6 O0 P M
Counctl Members Present
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
INVOCATION
Rabbt Aaron Margohn
Chabad Lubavttch of Tidewater
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
July 2, 2002
Item V-E.
- 15-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 498 73
Upon motton by Counctl Jones, seconded by Counctlman Man&go, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meeting
requirements by Vtrgtnta law were &scussed tn Closed Session to whtch thts
certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Sesston were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Voting 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
July 2, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49872, page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution apphes, and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council
l~uth Hodges S~lth, MMC
City Clerk
July 2, 2002
Item V-F. 1.
-16-
CEREMONIAL ORGANIZATION OF
VIRGINIA BEA CH CITY COUNCIL CLOSED SESSION
ITEM # 49874
The Honorable J Curtis Frmt, Clerk of the Vtrgtma Beach Ctrcmt Court PRESIDED and dehvered the oath
of office to the newly elected Members of Ctty Counctl
Louis R. Jones
Bayside - District 4
Richard A. Maddox
Beach - District 6
Jim Reeve
Princess Anne - District 7
Peter W. Schmidt
At-Large
Ron A. Villanueva
At-Large
James L. Wood
Lynnhaven - District 5
~luly 2, 2002
Item V-F 2
-17-
CEREMONIAL ORGANIZATION OF
VIRGINIA BEACH CITY COUNCIL CLOSED SESSION
ITEM # 498 75
Mayor Oberndorf assumed the Chatr and requested NOMINATIONS FOR VICE MA YOR.
Counctl Lady Wtlson NOMINA TED Robert C. Mandigo, Jr., - Ketnpsville - District 2
Counctlman Reeve NOMINA TED Margaret L.Eure - Centerville - District 1
Upon NOMINATION by Counctl Lady Wtlson, Ctty Counctl ELECTED:
Robert C. Mandigo, Jr.
Kempsville - District 2
Vice Mayor
BY CONSENSUS, Ctty Counctl dectded the first can&date to recetve stx (6) votes,
Parhamentary Procedure, shall be elected Vtce Mayor
accor&ng to
Vottng 8-3
Council Members Vottng Aye
Louts R Jones, Rtchard A Maddox, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and dtm Reeve*
Counctl Members Absent
None
* Verbal Nay
July 2, 2002
Item V-F 3
- 18-
CEREMONIAL ORGANIZATION OF
VIRGINIA BEACH CITY COUNCIL CLOSED SESSION
ITEM # 498 76
The Honorable d Curtts Frmt, Clerk of the Vtrgtnta Beach Ctrcutt Court PRESIDED and dehvered the oath
of office to the newly elected Vice Mayor
Vice Mayor Robert C. Mandigo, Jr.
Kempsville - District 2
Vtce Mayor Mandtgo tntroduced hts famtly tn attendance: his mother, Annie Laurie Broadwell, his wife -
Cheri, daughter - Sarah, her friend, Scott, and his other daughter - Lyn.
July 2, 2002
19-
Item V-F 4
CEREMONIAL ORGANIZATION OF
[/IR GINIA BEA CH CITY CO UNCIL CLOSED SESSION
ITEM # 498 76
The newly elected members of Ctty Counctl mtroduced thetr famthes tn attendance
Counctlman Louts R Jones, Baystde -Dtstrtct 4, advtsed hts wtfe, Ellen, was at home babysttttng, havtng
been here many ttmes prevtously
Counctlman Ron A Vtllanueva, At-Large, tntroduced his Father - Romy, Mother - Nelly, Brother - Romeo,
Father - tn - law - Quentm Caragan, Brother-tn-law - Abe Caragan, hts son - Matthew, and lovtng wife -
Cathy Counctlman Vtllanueva recogntzed hts frtend Delegate Walsh and the Fthpmo Leaders tn attendance
Counctlman James L Wood tntroduced hts son, dtmmy, and nephew, Rtley, hts wtfe, Rebecca, daughter -
Mere&th and parents -dtm and Dot Wood
Counctlman Rtchard A Maddox recogntzed hts Mother- Gladys, hts four chtldren- Ttmmts, Parker, Ma&son
and Win, w~fe - Susan, Coustn- Ntck Nuzzt and Aunt Helen Ntcholas
Counctlman Peter W Schmtdt advtsed hts wtfe ushered htm to the door thts morntng and bade htm to do the
Ctty's bustness, so he ts here by htmself
Counctlman dtm Reeve recogntzed hts wtfe- Sally, oldest son - Mathew, youngest son - Charhe could not
attend (only 2), tn-laws - Ahce and Gene Drescher, stster-tn-law - Ann Gassett, Secretary and frtend- Stacey
Dole
July 2, 2002
FORMAL SEA TING OF
VIRGINIA BEA CH CITY COUNCIL
- 20-
ITEM It 49877
Mayor Oberndorf presented the FORMAL SEATING OF CITY COUNCIL:
Mayor Meyera E. Oberndorf
Louis R. Jones
Margaret L. Eure
Rosemary Wilson
James L. Wood
Ron A. Villanueva
Vice Mayor Robert C. Mandigo, Jr.
Reba S. McClanan
Richard,4. Maddox
Peter W. Schmidt
Jim Reeve
July 2, 2002
Item V-H 1
- 21 -
MINUTES
ITEM # 498 78
Upon motton by Counctlman Jones, seconded by Counctl Lady Eure, City Counctl APPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of June 25, 2002
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-I. 1.
- 22 -
,4DOPT ,4 GEND,4
FOR FORM,4L SESSION
ITEM # 498 79
BY CONSENSUS, Ctty Counctl ADOPTED:
,4 GENDA FOR THE FORMAL SESSION
July 2, 2002
Item V-d.
ORDINANCES
- 23 -
ITEM # 49880
Upon motton by Vtce Mayor Mandtgo, seconded by Councdman Jones, Ctty Councd APPROVED IN ONE
MOTION, Ordtnances la~b, 2a/b, 3, 4, 5 and 6 of the CONSENTAGENDA.
Voting 11-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wdson and James L Wood
Councd Members Voting Nay
None
Councd Members Absent
None
July 2, 2002
~ 24 -
Item V-J. 1.
ITEM ii 49881
ORDINANCES
Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, City Counctl ADOPTED
Ordinances to AMEND Ctty Code
a §§ 23-51 and 23-53 I re tattooing and bodypiercing
b ~ 2-72 re to provtdefor the appotntment of Alternates to the Personnel Board
Voting
11-0 (By ConsenO
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McCIanan, Richard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wttson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
July 2, 2002
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AN ORDINANCE AMENDING SECTIONS 23-51
AND 23-53.1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO TATTOOING AND BODY
PIERCING ESTABLISHMENTS
SECTIONS AMENDED' 23-51 and 23-53.1
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 23-51 and 23-53.1 of the City Code, pertaining
to tattooing and body piercing establishment, are hereby amended
and reordained to read as follows:
Sec. 23-51. Tattooing and tattoo parlors.
(a) For the purposes of this section, the following words and
phrases shall be construed as follows:
(1) Tattoo: To place any design, letter, scroll, figure,
symbol or any other mark upon or under the skin or any
person with ink or any other substance resulting in the
permanent coloration of the skin, including permanent
make-up or permanent jewelry, by the aid of needles or
any other instrument designed to touch or puncture the
skin.
(2) Tattoo artist: Any person who actually performs the work
of tattooing.
(3) Tattoo parlor: Any place in which is offered or practiced
the placing of designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of any
person with ink or any other substance, resulting in the
permanent coloration of the skin, including permanent
make-up or permanent jewelry, by the aid of needles or
any other instrument designed to touch or puncture the
skin.
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(4) Tattoo operator- Any person who controls, operates,
conducts or manages any tat+oo parlor, whether actually
performing the work of tattooing or not.
(b) No person shall control, operate, conduct or manage any
tattoo parlor or shall perform tattooing on any person without
complying with the requirements of this section.
(c) No person shall control, operate, conduct or manage any
tattoo parlor, whether actually performing the work of tattooing or
not, without first obtaining a permit from the Department of Public
Health. Such an application shall be made on an applicatmon form
provided by the City Manager or his designee.
(d) The permit fee shall be one thousand two hundred dollars
($1,200.00) for a one-year licensing period from January 1 to
December 31. Ail permits issued during the course of a calendar
year shall expire on December 31 of that year, regardless of the
date issued. For any person required to obtain a permit under the
provisions of this section after the first day of January, the
permit fee shall be prorated as follows' between January 1 and on
or before March 31, the full permit fee shall be paid; between
April 1 and on or before June 30, three-fourths of the permit fee
shall be paid; between July 1 and on or before September 30,
one-half of the permit fee shall be paid; and after September 30 of
the licensing year, one-fourth of the permit fee shall be paid.
(e) Every tattoo artist shall submit proof annually to the
Department of Public Health that he or she has been vaccinated foz
hep=~ztz~ = and h=o ~=~ a received a tuberculosis assessment or PPD
skin test and shall submit proof of a completed Hepatitis B series
by a competent medical authority approved by the Director of Public
Health foz tubezculosi~.
(f) Every tattoo artist and tattoo operator shall at all
times comply with the following requirements'
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(1) Ail tattooing-related procedures shall be carried out in
a clean, safe and sanitary manner as approved by the
Department of Public Health so as to minimize the
potential of disease transmission. Ail tattoo artists
shall complete annual Blood Borne Pathogen training
approved by the Department of Public Health.
(2) Ail areas of the tattoo parlor shall be constructed and
maintained in a clean, safe and sanitary manner in
compliance with all applicable statutes, laws,
regulations, codes and ordinances of the city and the
Commonwealth of Virginia.
(3) Ail walls, ceilings and floors shall be smooth and easily
cleaned. The floors shall not be carpeted, and neither
rugs nor fabrics of any kind shall be placed on the
floors. Walls and ceilings shall be painted a light
color. Walls, ceilings and floors shall be kept clean and
free from dust and debris. The floors shall be swept and
mopped daily. The walls, ceilings or floors shall not be
swept or cleaned while tattooing is occurring.
(4) Adequate light and ventilation shall be provided.
(5) Adequate toilet and hand-washing facilities shall be
available in the tattoo parlor separate and isolated from
the business area in which tattooing is performed, for
the use of customers and personnel of the tattoo parlor.
Toilets and washing facilities shall be maintained in a
sanitary condition at all times. Smoking, eating, or
drinking is prohibited in the area in which tattooing is
performed.
(6) Ail areas of the tattoo parlor shall be accessible for
inspection by the Department of Public Health and its
authorized representatives. The Department of Public
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Health is hereby authorized to conduct unannounced
inspections of tattoo parlors.
(7) Only dyes approved by the Food and Drug Administration
=~j shall be uo=d in the tattooing process.~I such
methods approved by the Department of iiealt~h. Ail znks,
dyes, pigments, needles and equipment shall be
specifically manufactured for performing tattooing and
shall be used in accordance with the manufacturer's
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instructions. The mixing of approved tattooing inks,
dyes or pigments or their dilutions with potable water
shall be permitted. Immediately before a tattoo is
applied, the quantity of the dye to be used shall be
transferred from the dye bottle and placed into
single-use paper or plastic cups. Upon completion of the
~ procedure, such cups and their contents shall be
discarded in the manner prescribed in the next subsection
subdivision 8 hereof.
(8) Ail cleaned, non-disposable instruments used in
connection with the preparation for or process of
tattooing shall be sterilized by before each use in a
steam autoclave or dry-heat sterilizer (autoclave) or an
alternate sterilization method--~-~ has ~---
~~ ~==~ approved by
the Department of Public Health be==u~= .... each use.
'=---~--=~-- of .... ~ .... = --~ ~ ........ ~=-=-= ~--
exposure to live steam for at least sixty (~)~ minutes at
a minimum pressure of fifteen (~)~ pounds per square inch
and ~=.~=ratureo of ,~o~ I=oo than two ~~=~ fifty (250)
,
degrees Fahrenhezt~=~ ......... =~ =u=u~=~=~ .... zo~- used. Such
sterilization shall be performed in accordance with the
manufacturer's instructions, a copy of which shall be
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submitted, with contact information, as part of the
permit application. The tattoo operator shall be
responsible for maintaining a log which indicates that
the autoclave or other sterizizer has been checked during
ch cycle and ...... ~- -= ........ ~---~ .... ~---~- has
been sterilized in accordance with the manufacturer's
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instructions. Ail cleaned and ready-to-use needles and
instruments shall be stored in a protective manner to
prevent subsequent contamination. Sterile equipment
shall not be used after the expiration date or if the
packaqe has been breached. If disposable instruments are
used, those instruments shall be disposed of in
accordance with applicable laws. The skin surface to be
tattooed and any jewelry co be used shall be cleaned and
sanitized using processes and materials approved by the
Department of Public Health. Ail hazardous waste, body
fluids, and medical waste of any kind shall be disposed
of in accordance with the Virginia Department of
Environmental Quality's Regulated Medical Waste
Regulations, 9 VAC 20-120-10 et seq., as may be amended
from time to time. Single-use items shall not be used on
more than one client for any reason. After' use, all
single-use needles, razors, and other sharps shall be
immediately disposed of in accordance with the ~
Department of Environmental Quality's Regulated
Waste Regulations, 9 .... 20 '~ '~ et seq ,
~ . as may be
amended fzom time to time aforesaid requlations.
(9) Records for each patron shall be maintained by the tattoo
operator. Such records shall be maintained for a minimum
period of four (4), except if the patron is under
eighteen (18) years of age, in which event these records
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shall be maintained for a mini. mum of four (4) years from
the eighteenth (18th) birthday of said patron and shall
include the following information:
(i) Name, address, sex and age of the person tattooed;
(ii) Date of tattooing;
(iii)Physical location and description of tattooing;
(iv) Name, address and telephone number of the person
performing the tattooing;
(v) Parent or legal guardian written consent form for
minors; and
(vi) Name and address of the manufacturer of the dyes
used as well as identifying information about the
dye solutions and types of dyes used. If a customer
has need for this information, then the tattoo
parlor operator ~ shall release it to the
customer.
At such time as the tattoo parlor ceases doing business or is
removed from the city or changes its name or has a change in
management or ownership, copies of all such records shall be
provided to the Department of Public Health.
(10) More than one set of sterilized needles, tubes and tips
or alternate approved sterilization method shall be kept
on the premises at all times.
(11) No person, customer or patron having any visible skin
infection or other disease of the skin or any
communicable disease shall have tattooing performed, and
no person having any skin infection or disease of the
skin shall perform tattooing. All infections resulting
from the practice of tattooing which become known to the
tattoo operator shall promptly be reported to the
Department of Public Health by the person owning or in
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charge of the tattoo parlor, and the infected client
shall be referred to a physician.
(12) No tattooing shall be performed on any person under the
age of eighteen (18) years without the written consent of
his or her parent or guardian, and such written consent
shall be kept on file for at least four (4) years at the
tattoo parlor from the eighteenth (18th) birthday of the
minor. Where there is doubt about such an age, written
proof of age shall be obtained before the tattooing is
done. Written proof of age shall be photocopied and kept
by the tattoo operator. Ail customers under eighteen (18)
years of age shall be accompanied by a parent or legal
guardian. Both customer and parent or guardian shall sign
a consent form and a driver's license or other
appropriate form of identification of both the customer
and the parent or guardian shall be photocopied and
attached to the consent form.
(13) Tattoo artists and tattoo operators shall refuse service
to any person whom the tattoo artist or tattoo operator
knows, or has reason to believe, is intoxicated.
(14) No person shall state or imply in any advertisement or
publication, written or oral and prepared or uttered for
the purpose of soliciting business, that the tattoo
parlor is endorsed, regulated or approved by the city or
by any of its departments or is conducted in compliance
with the terms of this section.
(15) Immediately after tattooing a patron the tattoo artist
shall advise ~ the patron of the care of the tattooed
area and shall instruct tke patzon to consult a physician
at the first sign of infection.
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(16) The tattoo artist shall wash his or her hands between
customers and between tattooing different parts of the
body on the same person. The tattoo artist shall wear
protective, disposable latex or vinyl gloves while
tattooing, and shall wea~ a new pair of gloves for each
client and when tattooing different parts of the same
client.
(17) The name, address and telephone number of the tattoo
parlor shall be on the heading of all waivers, care
sheets, consent and other forms utilized by the tattoo
parlor.
(18) The tattoo operator shall file with the Department of
Public Health annually with the license application and
any renewal thereof a list of the following information
for each employee: Name, permit number, home address,
home phone number, and position or job title. With
respect to tattoo artists, the tattoo operator shall also
submit proof annually of vaccination and testing as
required by subsection (e). The tattoo operator shall
amend the list accordingly and submit it to the
Department of Public Health immediately upon the addition
of an employee or termination of an employee.
(19) No tattoo artist or tattoo operator shall tattoo the
genitals, pubic area, or buttocks of any member of the
opposite sex, nor shall any male tattoo artist or male
tattoo operator tattoo any portion of the breasts of any
female below the aureole.
(g) No person shall perform tattooing on any client unless he
or she complies with the Centers for Disease Control and
Preventions's guidelines for "Universal Blood and Body Fluid
Precautions" and provides the client with the following disclosure:
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(1) Tattooing is an invasive procedure in which the skin is
penetrated by a foreign object.
(2) If proper sterilization and antiseptic procedures are not
followed by tattoo artists, there is a risk of transmission of
bloodborne pathogens and other infections, including, but not
limited to, human immunodeficiency viruses and hepatitis B or C
viruses.
(3) Tattooing may cause allergic reactions in persons
sensitive to dyes or the metals used in ornamentation.
(4) Tattooing may involve discomfort or pain for which
appropriate anesthesia cannot be legally made available by the
tattoo artist unless such person holds the appropriate license from
a Virginia health regulatory board.
(h) Any person who violates any provision of this section
shall be guilty of a Class 2 misdemeanor. Any second or subsequent
violation of this section shall be punished as a Class 1
misdemeanor.
(i) This section shall not apply to medical doctors,
veterinarians, registered nurses or any other medical services
personnel, licensed pursuant to Title 54.1 of the Code of Virginia,
in performance of their professional duties.
Sec. 23-53.1. Body piercing.
(a) For the purposes of this section, the following words and
phrases shall be construed as follows-
(1) Body piercing' The act of penetrating the skirl to make a
hole, mark, or scar, generally permanent in nature. "Body piercing"
does not include the use of a mechanized, pre-sterilized
ear-piercing system that penetrates the outer perimeter or lobe of
the ear or both.
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(2) Body piercer: Any person who actually performs the work
of body piercing.
(3) Body piercing establishment: Any place in which a fee is
charged for the act of penetrating the skin to make a hole, mark,
or scar, generally permanent in nature. "Body piercing" does not
include the use of a mechanized, pre-sterilized ear-piercing system
that penetrates the outer perimeter or lobe of the ear .or both.
(4) Body piercing operator: Any person who controls,
operates, conducts or manages any body piercing establishment,
whether actually performing the work of body piercing or not.
(b) No person shall control, operate, conduct or manage any
body piercing establishment or shall perform body piercing on any
person without complying with the requirements of this section.
(c) No person shall control, operate, conduct or manage any
body piercing establishment, whether actually performing the work
of body piercing or not, without first obtaining a permit from the
Department of Public Health. Such an application shall be made on
an application form provided by the City Manager or his designee.
(d) The permit fee shall be one thousand two hundred dollars
($1,200.00) for a one-year licensing period from January 1 to
December 31. Ail permits issued during the course of a calendar
year shall expire on December 31 of that year, regardless of the
date issued. For any person required to obtain a permit under the
provisions of this section after the first day of January, the
permit fee shall be prorated as follows: between January 1 and on
or before March 31, the full permit fee shall be paid; between
April 1 and on or before June 30, three-fourths of the permit fee
shall be paid; between July 1 and on or before September 30,
one-half of the permit fee shall be paid; and after September 30 of
the licensing year, one-fourth of the permit fee shall be paid.
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(e) Every body piercer shall submit proof annually to the
Department of Public Health that he or she has ~ vaccinated for
hepatitis D and has had a received a tuberculosis assessment or PPD
skin test and shall submit proof of a completed Hepatitis B series
by a competent medical authority approved by the director of public
health for tuberculosis.
(f) Every body piercer and body piercing operator shall at
all times comply with the following requirements:
(1) All body piercing related procedures shall be carried out
in a clean, safe and sanitary manner as approved by the Department
of Public Health so as to minimize the potential of disease
transmission. All body piercers shall complete annual Blood Borne
Pathogen training approved by the Department of Public Health.
(2) All areas of the body piercing establishments shall be
constructed and maintained in a clean, safe and sanitary manner in
compliance with all applicable statutes, laws, regulations, codes
and ordinances of the city and the Commonwealth of Virginia.
(3) All walls, ceilings and floors shall be smooth and easily
cleaned. The floors shall not be carpeted, and neither rugs nor
fabrics of any kind shall be placed on the floors. Walls and
ceilings shall be painted a light color. Walls, ceilings and floors
shall be kept clean and free from dust and debris. The floors shall
be swept and mopped daily. The walls, ceilings or floors shall not
be swept or cleaned while body piercing services are occurring.
(4) Adequate light and ventilation shall be provided.
(5) Adequate toilet and hand-washing facilities shall be
available in the body piercing establishment separate and isolated
from the business area in which body p~ercing is performed, for the
use of customers and personnel of the body piercing establishment.
Toilets and washing facilities shall be maintained in a sanitary
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condition at all times. Smoking, eating or drinking is prohibited
in the area in which body piercing is performed.
(6) Ail areas of the body piercing establishment shall be
accessible for inspection by the Department of Public Health and
its authorized representatives. The Department of Public Health is
hereby authorized to conduct unannounced inspections of body
piercing establishments.
(7) Ail cleaned, non-disposable instruments used in
connection with the preparation for or process of body piercing
shall be sterilized b~y before each use in a steam autoclave or dry-
heat sterilizer (autocl~v=) or an alternate ster~Iz=~t~on ~LL=~uu
which has been approved by the Department of Public Health ~
ch ~ .... ~--=~ ........ ~ .......... be pi'shed by
exposure =,~ Izve ot==~ for ~= least sixty (60) mmnut=o at a ~nzmum
p==oouz= u= =~====~ (15) pound° per square znch and ==~L,peratures of
not less than two~u~==u ........... fi====y (250) degrees Fahrenheit if an
autoclave is used. Such sterilization shall be performed in
accordance with the manufacturer's instructions, a copy of which
shall be submitted, with contact information, as part of the permit
application. The body piercing operator shall be responsible for
maintaining a log which indicates that the autoclave has been
checked during each cycle and meets the aforementioned standards
has been sterilized in accordance with the manufacturer's
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instructions. Ail cleaned and ready-to-use needles and instruments
shall be stored in a protective manner to prevent subsequent
contamination. Sterile equipment shall not be used after the
expiration date or if the package has been breached. If disposable
instruments are used, those instruments shall be disposed of in
accordance with applicable laws. The skin surface to be pierced as
well as the jewelry to be used shall be cleaned and sanitized using
processes and materials approved by the Department of Public
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Health. Ail hazardous waste, body fluids, and medical waste of any
kind shall be disposed of in accordance with the Virginia
Department of Environmental Quality's Regulated Medical Waste
Regulations, 9 VAC 20-120-10 et seq., as may be amended from time
to time.
(8) Records for each patron shall be maintained by the body
piercing operator. These records shall be maintained for a minimum
period of four (4) years except if the patron is under eighteen
(18) years of age, in which event these records shall be maintained
for a minimum of four (4) years from the eighteenth (18th) birthday
of said patron and shall include the following information.
(i) Name, address, sex and age of the person body pierced;
(ii) Date of body piercing;
(iii)Physical location and description of body piercing;
(iv) Name, address and telephone number of the person
performing the body piercing; and
(v) Parent or legal guardian written consent form for minors.
At such time when a body piercing establishment ceases doing
business or is removed from the city or changes its name or has a
change in management or ownership, copies of all such records shall
be provided to the Department of Public Health.
(9) More than one set of sterilized needles, tubes and tips
or alternate approved sterilization method shall be kept on the
premises at all times.
(10) No person, customer or patron having any visible skin
infection or other disease of the skin or any communicable disease
shall have body piercing performed, and no person having any skin
infection or disease of the skin shall perform body piercing. Ail
infections resulting from the practice of body piercing which
become known to the body piercing operator shall promptly be
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reported to the Department of Public Health by the body piercing
operator, and the infected client shall be referred to a physician.
(11) It shall be unlawful to perform body piercing on any
person under the age of eighteen (18) years without written consent
of his/her parent or guardian, and such written consent shall be
kept on file for at least four (4) years at the body piercing
establishment from the eighteenth (18th) birthday of the minor.
Where there is doubt about such an age, written proof of age shall
be obtained before the body piercing is done. Written proof of age
shall be photocopied and kept by the body piercing operator. Ail
customers under eighteen (18) years of age shall be accompanied by
a parent or legal guardian. Both customer and parent or guardian
must sign a consent form and a driver's license or other
appropriate form of identification of both the customer and the
parent or guardian shall be photocopied and attached to the consent
form.
(12) Body piercers and body piercing operators shall refuse
service to any person whom the body piercer or body piercing
operator knows, or has reason to belJ. eve, is intoxicated.
(13) No person shall state or imply in any advertisement or
publication, written or oral and prepared or uttered for the
purpose of soliciting business, that the body piercing
establishment is endorsed, regulated or approved by the city or by
any of its departments or is conducted in compliance with the terms
of this section.
(14) Immediately after body piercing a patron, the body
piercer shall advise that patron of the care of the body pierced
area and shall instruct the patron to consult a physician at the
first sign of infection.
(15) The body piercer shall wash his or her hands between
customers and between piercing different parts of the body on the
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same person. The body piercer shall wear protective, disposable
latex or vinyl gloves while performing body piercing, and shall
wear a new pair of gloves for each client and when piercing
different parts of the same client.
(16) The name, address and telephone number of the body
piercing establishment shall be on the heading of all waivers, care
sheets, consent and other forms utilized by the body piercing
establishment.
(17) The body piercing operator shall file with the Department
of Public Health annually with the license application and any
renewal thereof a list of the following information for each
employee: Name, permit number, home address, home phone number, and
position or job title. With respect to body piercers, the body
piercing operator shall also submit proof annually of vaccination
and testing as required in subsection (e). The body piercing
operator shall amend the list accordingly and submit it to the
Department of Public Health immediately upon the addition of an
employee or termination of an employee.
(18) No body piercer shall body pierce the genitals, pubic
area, or buttocks of any member of the opposite sex, nor shall any
male body piercer pierce any portion of the breasts of any female
below the aureole.
(g) No person shall perform body piercing on any client
unless he or she complies with the Centers for Disease Control and
Prevention's guidelines for "Universal Blood and Body Fluid
Precautions" and provides the client with the following disclosure:
(1) Body piercing is an invasive procedure in which the skin
is penetrated by a foreign object.
(2) If proper sterilization and antiseptic procedures are not
followed by body piercers, there ms a risk of transmission of
bloodborne pathogens and other infections, including, but not
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limited to, human immunodeficiency viruses and hepatitis B or C
viruses.
(3) Body piercing may cause allergic reactions in persons
sensitive to the metals used in ornamentation.
(4) Body piercing may involve discomfort or pain for which
appropriate anesthesia cannot be legally made available by the
person performing the body piercing unless such person holds the
appropriate license from a Virginia health regulatory board.
(h) Any person who violates any provision of this section
shall be guilty of a Class 2 misdemeanor. Any second or subsequent
violation of this section shall be punished as a Class 1
misdemeanor.
(i) This section shall not apply to medical doctors,
veterinarians, registered nurses or any other medical services
personnel, licensed pursuant to Title 54.1 of the Code of Virginia,
in performance of their professional duties.
) This .... ~-- -~-~ become ef=--~--- on Ju I,
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2n~ day of July, 2002.
CA-8320
wmmordres\23-51 and 23-53. lord.wpd
June 20, 2002
R-3
16
AN ORDINANCE PROVIDING EOR THE
APPOINTMENT OF ALTERNATES TO THE
CITY PERSONNEL BOARD
Section Amended- City Code Section 2-72
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA-
That Section 2-72 of the City Code is hereby amended and
reordained, to read as follows'
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Sec. 2-72. Personnel board--Established; composition;
appointment, terms and compensation of members;
etc.
(a) There is hereby established a personnel board consisting
of five (5) qualified voters appointed by the council for a term of
three (3) years. Of those first appointed, one shall be appointed
to serve for one year, two (2) for two (2) years and two (2) for
three (3) years. Thereafter, members shall be appointed for the
full term of three (3) years. Members shall serve until a
successor has been appointed. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. One
member of the board shall always be a member of the merit service,
as defined in section 2-76 and shall be employed at a level below
that of a bureau head. The board shall choose one of its members
to be the chairperson and one member to be the vice-chairperson for
a term of one year. The personnel board shall abide by the
personnel board hearings procedure.
(b) The director of personnel or a designated alternate staff
member shall serve as secretary to the personnel board and shall
attend all meetings with no voting privileges.
(c) A majority of the members of the personnel board shall
constitute a quorum. Members of the board shall receive such
compensation as may be authorized by the council.
(d) The city council may appoint not more than two alternates
to the board. The qualifications, terms and compensation of
alternate members shall be the same as those of reqular members.
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A regular member shall, when he knows he will be absent from a
meetinq, notify the chairman of such fact. The chairman shall
select an alternate to serve in the absent member's place and the
records of the board shall so note.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 2nd day of July, 2002.
CA-8550
wmm\ordres\02-72ord, wpd
June 25, 2002
R-1
Item V-J. 2. a.
- 25 -
ORDINANCES
ITEM # 49882
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED
Or&nance to AUTHORIZE temporary encroachments into porttons
of Ctty owned property
Lake Rudee by L&M CONSTRUCTION, L.L.C., re rip-rap
revetment, pier and boat lift at 300 In&an Avenue tn Shadowlawn
Hetghts
The followtng con&ttons shall be requtred
The temporary encroachment shall be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta and
the Ctty of Vtrgmta Beach and tn accordance wtth the Ctty's
spectficattons and approval as to stze, ahgnment and locatton
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce
ts gtven, the temporary encroachment must be removed from the
encroachment area by the apphcant and the apphcant wtll bear
all costs and expenses of such removal
3 The apphcant shall tndemntfy and hold harmless the City, tts
agents and employees from and agamst all clatms, damages,
losses and expenses, tncludmg reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng contatned heretn shall be construed o enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied and to
the hmtted extend spectfied, nor to permtt the mamtenance and
constructton of any encroachment by anyone other than the
Grantee
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtain a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant must obtatn an approved dotnt Permtt apphcatton
from Waterfront Operattons/Plannmg Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant shall obtain and keep tn force all rtsk property
msurance and general habthty or such msurance as ts deemed
necessary by the Ctty, and all msurance pohctes must name the
Ctty as ad&ttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
insurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combined smgle hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provt&ng at least thtrty (30) days' wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of or material change to, any
of the msurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
July 2, 2002
Item V-J.2. a.
ORDINANCES
- 26-
ITEM # 49882 (Continued)
9 The apphcant must submtt a survey of the encroachment as
certified by a regtstered professtonal engtneer or a hcensed land
surveyor, and/or "as butlt "plans of the temporary encroachment
sealed by a regtstered professtonal engtneer tf requtred by etther
the Ctty Engtneer's office or the Engtneertng Dtvtston of Pubhc
Utthttes
10
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge the
cost thereof to the apphcant and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the apphcant to remove such temporary encroachment,
and, pendmg such removal, the Ctty may charge the apphcant for
the use of such portton of the City's rtght-of-way encroached upon
the eqmvalent of what would be the real property tax upon the
land so occupted tf tt were owned by the apphcant, and if such
removal shall not be made wtthtn the ttme spectfied by the Ctty,
the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars
($100 00) per day for each and every day that such temporary
encroachment ts allowed to conttnue thereafter, and, shall collect
such compensatton and penalttes tn any manner provtded by law
for the collectton of local or state taxes
Vottng 11-0 (By ConsenO
Counctl Members Votmg Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF CITY OWNED PROPERTY OF
LAKE RUDEE BY L&M CONSTRUCTION,
L.L.C., A VIRGINIA LIMITED LIABILITY
COMPANY, ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, L&M CONSTRUCTION, L.L.C., a Virginia limited
liability company, desires to construct and maintain a rip-rap
revetment, a pier and a boat lift upon the City's property known as
Lake Rudee.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachment upon the City's property subject
to such terms and conditions as Council may prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, L&M CONSTRUCTION, L.L.C., a Virginia limited liability
company, its heirs, assigns and successors in title, is authorized
to construct and maintain a temporary encroachment for a rip-rap
revetment, a pier and a boat lift upon the City's property of Lake
Rudee as shown on that certain plat entitled: "PROPOSED RIP-RAP
REVETMENT SITE PLAN APPLICATION BY: L&M CONSTRUCTION, L.L.C., DATE:
3/4/02, SHEET 1 OF 3", a copy of which is on file in the Department
of Public Works to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
L&M CONSTRUCTION, L.L.C., a Virginia limited liability company
Il II
(the Agreement ), which is attached hereto and incorporated by
reference; and
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BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as L&M CONSTRUCTION, L.L.C., a Virginia
limited liability company and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of July , 2002.
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CA#-
TKENN\ENCROACH\L&MCONST.ORD
R-1
PREPARED: 5/31/02
APPRQ~ED AS TO CONTENTS
~/ SIGNA'J'URE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND F
ee
·
·
LOCATION MAP SHOWING
ENCROACHMENT REQUESTED BY
L&M CONSTRUCTION, L.L.C.
INTO CITY PROPERTY
300 INDIAN ^VE.
SCALE: 1" -- 100'
PREPARED BY PAN' ENG. CADD BUREAU 5-22-02
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58,1-811 (a)(3) AND 58.1-811 (c){4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~~day of f~~ ,
200~ , by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City", Grantor,
and L&M CONSTRUCTIOn, L.L.C., a Virginia limited liability
company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the
"Grantee" (even if moue than one).
WITNES SETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of laird designated and described as Lot B, Block
69, in Shadowlawn H(~ights, and being as shown on the plat
recorded in M.B. 302, PG. 10, and being further designated and
described as 300 Indian Ave., Virginia Beach, VA 23451; and
WHEREAS, it Ls proposed by the Grantee to construct and
maintain a rip-rap revetment, a pier and a boat lift, a
"Temporary Encroachment" in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is Decessary that the Grantee encroach into a
portion of an existi]~g City property known as Lake Rudee, the
"Encroachment Area", .~nd the Grantee has requested that the City
permit a Temporary Encroachment within the Encroachment Area.
NOW, THEREFO]{E, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee, and for
GPIN: 2417-81-9866
the further consideration of One Dollar ($1.00), in hand paid to
the City, receipt of %,hich is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining a Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and i]~ accordance with the City's specifications
and approval and is m~re particularly described as follows, to-
wit:
A Temporary t:ncroachment into the Encroachment
Area as shown on that certain plat entitled:
"PROPOSED ~IP-RAP REVETMENT SITE PLAN
APPLICATION BY: L&M CONSTRUCTION, L.L.C. DATE:
3/4/02 SHEE~' 1 OF 3", a copy of which is
attached hereto as Exhibit "A" to which
reference i~ made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachmert herein authorized shall terminate upon
notice by the City t¢. the Grantee, and that within thirty (30)
days after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses, including r~asonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the
location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and autl~ority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited e):tent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is furthe? expressly understood and agreed that the
Grantee agrees to mai]]tain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee must obtain a .~ermit from the Development Services Center
of the Planning Department prior to commencing any construction
within the Encroachment Area.
It is furtheu expressly understood and agreed that the
Grantee must obtain ~n approved Joint Permit Application from
Waterfront Operations of the Planning Department prior to
commencing any constr~ction within the Encroachment Area.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-risk property insurance
and general liability insurance, or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also agre(~s to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single
limits of such insurance policy or policies. The Grantee will
provide endorsements ])roviding at least thirty (30) days written
notice to the City prior to the cancellation or termination of,
or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is furthe'c expressly understood and agreed that the
Temporary Encroachme]~t must conform to the minimum setback
requirements as established by the City.
It is furthec expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachme]lt sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
It is furthe~ expressly understood and agreed that the
City, upon revocati¢~n of such authority and permission so
granted, may remove the Temporary Encroachment and charge the
cost thereof to the Crantee and collect the cost in any manner
provided by law for t~e collection of local or state taxes; may
require the Grantee t~o remove the Temporary Encroachment and,
pending such removal, the City may charge the Grantee for the use
of the Encroachment A~ea the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time
ordered hereinabove ]~y this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, the said L&M CONSTRUCTION, L.L.C.
has caused this Agreement to be executed by Brian C. Large,
Manager of L&M CONSTRUCTION, L.L.C., a Virginia limited liability
company, with due authority to bind said limited liability
company. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS
LEGAL SUFFIC~E;',,
L&M CONSTRUCTION, L.L.C.
a Virginia limited liability
company
"~~' Larg//~a~r
STATE OF VIRGINIA
CITY OF VIRGINIA BEACI{, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
, City Manager/Authorized
Designee of the City ~Ianager, on behalf of the CITY OF VIRGINIA
BEACH.
My Commission Expires'
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEAC]{, to-wit:
The foregoin(~ instrument was acknowledged before me
this day of _ , 20 , by
RUTH HODGES SMITH, Ci~:y Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires-
STATE OF '~3%~q]~)A
CITY/e~d~Y-OF q)Rq\~\% ~m~ , to-wit:
The foregoing instrument was acknowledged before me
this ~O%~X day of )~ ~ , 20 o~ , by
Brian C. Large, Manager, on behalf of L&M CONSTRUCTION, L.L.C.,
a Virginia limited li.~bility company.
Notary Public ~
My Commission Expires: ~C~, ~ ~Om~'. ~kPPROVED AS TO CONTEN?
P~A~TM~NT
NIT
CI1Y OF VIRGINIA BEACH
GPIN:24 ! 7-81-9614
L A KE RUDEE
('it/I. B. 7, - PG. 14,)
(D.R. 45~8. PG. r~ol- 1£o~)
PROPOSED--~
.PIER
EDGE OF HIGH .
"WATER (AS SURVEYED-'~ ',"
o. ~,~, ~o,~1' -~.
~.~
t,
N 1a'57'2'4": ~'"
· ,'-'~ ~ 'SE'[
24 33' ,
,
,
24 32'
,
LOT-A
BLOCK-69
,,
RII'IL~
EX 6"
PLUG
DATUM. N G V D: 1929 (1972 A[SJUSTMENT)
ADJACENT PROPERTY OWNERS
1 WILLIAM BUCKLEE BARBOUR
24- INDIAN AVENUE
2 QUENTIN S. &: VERNONA M
304 INDIAN AVENUE
MEEKER
_ ~NAL PROPOSED BOAT L/Fi'
4 P/LES REO 'D
L/r-r TO BE INSTALLED
AS PER MANUFACTURES SPECS.
o,_o ,~, L
PIN
. ??EXIST,' '
?-SI~. 'HOUSE
/aaa.
,
, ~
aL
'~-- APPROXIA4A TE 'T~P
OF BANK ~
zo~,c (k/.e. 7, PG. !4)"
"X" ('/NS/DE) '
IZI,
~/r
LOT-17; BLOCK-6g
(O B 24,38, P(;,1591)
(DB7, PC 14-)
(;PIN 2417-81-9921
77'
PG 14)
OLD
PIN
Land .Su¢',e xa
Lond Plcnr ,s 757 431 1041
Londsc~e rchllecl~ WDIOrQe c~
, PROPOSED RIP-RAP
REVETMENT SITE PLAN
1
APPLICATION BY
L&M CONSTRUCTION L L C.
DATE-3/4/02 REVISED
SHEET 1 OF 3 WPL#
Item V-J. 2.b.
-27-
ORDINANCES
Upon motion by Vice Mayor Mandtgo,
ITEM tt 49883
seconded by Counctlman Jones, City Council ADOPTED
Ordtnance to AUTHORIZE temporary encroachments tnto porttons of
Ctty owned property
Cape Henry Drive by DIMITRIOS and JOSE L. HIONIS re
rtght-of-way for busmess related parkmg at 3323 Shore Drtve
(Bubba's Martna)
The followtng condtttons shall be requtred
The temporary encroachment shall be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtma and
the Ctty of Vtrgtnta Beach and tn accordance with the Ctty's
speczficattons and approval as to stze, ahgnment and locatton
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthm thirty (30) days after such nottce
ts gtven, the temporary encroachment must be removed from the
encroachment area by the apphcant and the apphcant wtll bear
all costs and expenses of such removal
The apphcant shall mdemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, including reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothtng contatned heretn shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that speczfied and to
the hmtted extend speczfied, nor to permtt the matntenance and
constructton of any encroachment by anyone other than the
apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
6 The apphcant must submtt and have approved a traffic control
plan before commenctng work tn the encroachment area
The apphcant agrees that no open cut of the pubhc roadway wtll
be allowed except under extreme ctrcumstances Requests or
excepttons must be submttted to the Htghway Operattons Dtvtston,
Department of Pubhc Works, for final approval
The apphcant must obtam a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
The apphcant must post sureties, tn accordance wtth thetr
engmeer's cost estimate, to the Office of Development Services
Center/Planmng
July 2, 2002
Item V-J. 2.b.
ORDINANCES
- 28 -
ITEM # 49883 (Continued)
10
The apphcant shall obtatn and keep tn force all rtsk property
tnsurance and general habthty or such tnsurance as ts deemed
necessary by the City, and all tnsurance pohctes must name the
Ctty as additional named insured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combined single hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of or material change to, any
of the msurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
11 The apphcant must submtt a survey of the encroachment as
certified by a regtstered professtonal engtneer or a hcensed land
surveyor, and/or "as bmlt "plans of the temporary encroachment
sealed by a regtstered professtonal engtneer tf requtred by etther
the Ctty Engtneer's office or the Engtneertng Dtvtston of Pubhc
Utthttes
12
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge the
cost thereof to the apphcant and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the apphcant to remove such temporary encroachment,
and, pendtng such removal, the Ctty may charge the apphcant for
the use of such portton of the Ctty's rtght-of-way encroached upon
the eqmvalent of what wouM be the real property tax upon the
land so occupted tf tt were owned by the apphcant, and if such
removal shall not be made wtthm the ttme spectfied by the Ctty,
the Ctty shall impose a penalty tn the sum of One Hundred Dollars
($100 00) per day for each and every day that such temporary
encroachment ts allowed to conttnue thereafter, and, shall collect
such compensatton and penalttes tn any manner provtded by law
for the collectton of local or state taxes
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
i Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF THE
RIGHT-OF-WAY OF CAPE HENRY
DRIVE BY DIMITRIOS HIONIS AND
JOSE L. HIONIS, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, Dimitrios Hionis and Jose L. Hionis, husband and wife, desire to
maintain nine (9) parking spaces into the City's right-of-way known as Cape Henry Drive and
located partially on their property located at 3323 Shore Drive.
12
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize atemporary encroachments uponthe
City's right-of-way subject to such terms and conditions as Council may prescribe.
15
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended Dimitrios Hionis and Jose L.
~_ 9 Hionis, husband and wife, their heirs, assigns and successors in title are authorized to
2 0 maintain a temporary encroachment for nine (9) parking spaces in the City's fight-of-way as
21 shown on the map entitled: "ENCROACHMENT EXHIBIT FOR DIMITRIOS HIONIS 3323
2 2 SHORE DRIVE JANUARY 10, 2002," a copy of which is on file in the Department of Public
2 3 Works and to which reference is made for a more particular description; and
24
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
2 5 subject to those terms, conditions and criteria contained in the Agreemem between the City
2 6 of Virginia Beach and Dimitrios Hionis and Jose L. Hlonis, husband and wife, (the
2 7 "Agreement") which is attached hereto and incorporated by reference; and
28
BE IT FURTHER ORDAINED that the City Manager or his authorized
2 9 designee is hereby authorized to execute the Agreement.
3O
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
31
32
33
34
such time as Dimitrios Hionis and Jose L. Hionis, husband and wife, and the City Manager
or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~
day of a. ~ y ,2002.
3S
36
CA-
PREPARED 04/08/02
APPROM~E.D A~ TO CONTENTS
SIGNATURE
APPROVED AS TO LEGAL
ciTY ATXO~~
//
ii
~19~113 vISIA
~ERIDIAN sOURCE
MB. 8, P 10,3
II
~o~,o
-<
/ £z Sr£pS
/
22'
ENCROACHMENT EXHIBIT
FOR
DIMITRIOS HIONIS
3323 SHORE DRIVE
JANUARY 10, 2002
01-0615
CAPE H£NRY
SITE
SCALE 1"-1600'
I
I
I
I
LOCATION blAP
\
I
I
/
_/
\ \
-" "x
o
0
1
/
CP~PE HENR~ DR,
O~
· ·
·
·
·
·
/
/
LOCATION MAP SHOWING EXISTING
/
/
ENCROACHMENT OF NINE (9)PARKING SPACES
INTO CAPE HENRY DR,.
FOR DIMITR'O~ HIONIS
323 SHORAENgR!OSE L. HiONIS
SCALE: 1" = 100'
PREIPAP~EID BY PAN' ENGo C..ADD BUREAU 4-5-02
PREPARED BY VIRGINIA BEACH
CITY ATrORNETS OFFICE
EXE~D FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 12th day of April ,2002, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a mumcipal corporation, Grantor, "City", and
DIMITRIOS HIONIS and JOSE L. HIONIS, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as 3323 Shore Drive, Virginia Beach, Virginia 23451-1021, and
That, WHEREAS, it is proposed by the Grantee to maintain nine (9) existing parking
spaces, "Temporary Encroachment", in the City of Virgima Beach, and
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach into a portion of the City's right ofway known as Cape Henry Drive (Old Norfolk
and Southern Rail Road Right of Way) "The Temporary Encroachment Area", and the Grantee has
requested that the City permit a Temporary Encroachment within The Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
GPIN 1489-88-2662
It is expressly understood and agreed that the Temporary Encroachment will be
maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia
Beach, and in accordance with the City's specifications and approval and is more particularly
described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled
"ENCROACHMENT EXHIBIT FOR DIMITRIOS
HIONIS 3323 SHORE DRIVE JANUARY 10, 2002,"
a copy of which is attached hereto as Exhibit "A" and
to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in The Encroachment Area
It is further expressly understood and agreed that the Grantee agrees that no open cut
of the public roadway will be allowed except under extreme circumstances Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies The
Grantee WIll provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as builtl' plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment, and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied ~f~t were owned by the Grantee, and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereatter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes
IN WITNESS WI-tE~OF, D MITRIOS HIONIS and JOSE L HIONIS, the said
Grantee have caused this Agreement to be executed by their signatures and seals duly affixed
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf'by its City Manager and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
J S~L HIONIS
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ ~ day of
,2002, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrumem was acknowledged before me this
day of
,2002, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires
Notary Public
STATE OF Nk) 4~,
CIT___Y/COUNTY OF~, ~'~x ~(r~_,c~, , to-wit
The foregoing instrument was acknowledged before me this
~~_~}_ ,2002, by DIMITKIOS HIONIS and JOSE L HIONIS
day of
My Commission Expires.
Notary ~ublic \
APPROVED AS TO
LEGAL SUFFICIENCY
APPR~)VED AS TO CONTENT
CITY REAL ESTATE AGENT
Exhibit "A"
_~,,O~,OgZN
MERIDIAN SOURCE
MB. 8, P. 103
Om
~-'" Z 0
0
/
22'
EN~
FOR
DIMITR/OS HIONIS
3323 SHORE DRIVE
JANUARY I0, 2002
01-0615
3323 Shore Drive
3323 Shore Drive
3323 Shore Drive
Item V-J. 3.
- 29 -
ORDINANCES
Upon motton by Vtce Mayor Mandtgo,
ITEM tt 49884
seconded by Councilman Jones, City Counctl ADOPTED
Ordtnance to reduce the annual salary of a Ctty Counctl Member
representtng Dtstrtct Number 6- Beach to provtde a potenttal charitable
donation
Votmg 11-0 (By ConsenO
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba $ McClanan, Richard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
AN ORDINANCE REDUCING THE ANNUAL
SALARY OF THE CITY COUNCILMEMBER
REPRESENTING THE BEACH DISTRICT
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, Section 15.2-1414.6 provides that the annual
salary of each member of the City Council shall be set by its
members;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That, in accordance with Virginia Code Section 15.2-
1414.6, the annual salary of the City Councilmember presently
representing the Beach District is hereby set at Zero Dollars
($0.00), effective July 1, 2002;
2. That the salary set forth in the preceding section
shall be in effect until such time as the City Councilmember
presently representing the Beach District no longer serves on the
City Council and his successor takes office, at whzch tzme the
salary of such successor shall become the same as that of the
remaining Councilmembers other than the Mayor.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $18,000 is hereby transferred from the FY 2002-03
Municipal Council salaries account to FY 2002-03 Council Donations
to provide a potential source of funding for a charitable donation
by the City Council, should the City Council elect to make such a
donation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd__ day of July
CA-8548
wmmkordres \salaryord. wpd
R-1
June 21, 2002
APPROVED AS TO CONTENT'
Manag~me6~ Services
, 2002.
APPROVED AS TO LEGAL
Law Department
Item V-J. 4.
- 30-
ORDINANCES
Upon motton by Vtce Mayor Mandtgo,
ITEM # 49885
seconded by Councilman Jones, City Council ADOPTED
Ordtnance to allow the recovery of expenses tncurred tn respondtng to
terrorism hoax znctdents, not to exceed $1,000 O0
Voting 11-0 (By ConsenO
Counctl Members Voting Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
10
11
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AN ORDINANCE TO ALLOW THE RECOVERY
OF EXPENSES INCURRED IN RESPONDING
TO TERRORISM HOAX INCIDENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
(a) Any person convicted of a violation of subsection B or C
of ~ 18.2-46.6 of the Virginia Code, when such violation is the
proximate cause of any incident resulting in an appropriate
emergency response, shall be liable in a separate civil action to
the City or to any volunteer rescue squad, or both, which may
provide such emergency response for the reasonable expense thereof,
in an amount not to exceed $1,000 in the aggregate for a particular
incident occurring in the City. In determining such reasonable
expense, the City may bill a flat fee of $100 or a minute-by-minute
accounting of the actual costs incurred.
(b) As used in this ordinance, "appropriate emergency
response" includes all costs of providing law-enforcement, fire-
fighting, rescue, and emergency medical services. The provisions
of this ordinance shall not preempt or limit any remedy available
to the City or to any volunteer rescue squad to recover the
reasonable expenses of an emergency response to any other incident,
as allowed by law.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 2nd day of July, 2002.
CA-8529
wmm/ordre s / co s t re cove ryo rdin. wpd
R-1
June 6, 2002
Item V-d.$.
-31 -
ORDINANCES
Upon motion by Vtce Mayor Man&go,
ITEM # 49886
seconded by Councilman Jones, Ctty Council ADOPTED
Ordmance to APPROPRIATE $83, l l8 from the fund balance of the E-
911 Commumcattons Spectal Revenue Fund to the FY 2002-2003
operattng budget of the Commumcattons and Information Technology
(COMIT) re purchase, mstallatton and tratnmg for telephone routing
software.
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rzchard A
Maddox, Vzce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Council Members Vottng Nay
None
Council Members Absent
None
July 2, 2002
AN ORDINANCE TO APPROPRIATE $83,118 FROM
FUND BALANCE OF THE E-911 COMMUNICATIONS
SPECIAL REVENUE FUND TO THE FY2002-03
OPERATING BUDGET OF THE DEPARTMENT OF
COMMUNICATIONS AND INFORMATION
TECHNOLOGY FOR THE PURPOSE OF
PURCHASING, INSTALLING, AND TRAINING FOR
TELEPHONY ROUTING SOFTWARE
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WHEREAS, the City received additional State revenue for the
purpose of upgrading and enhancing the performance of the emergency
communications center's telephony routing and switching of in-coming
calls;
WHEREAS, funding is available to be appropriated from the E-
911 Communications Special Revenue Fund fund balance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
That $83,118 is hereby appropriated from fund balance in the
E-911 Communication Special Revenue Fund to the FY2002-03 operating
budget of the Department of Communications and Information Technology
for the purpose of purchasing, installing, and training for telephony
routing software.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd of July , 2002.
CA-8547
ordin/noncode/Symposium.ord.wpd
June 20, 2002
R2
APPROVED AS TO CONTENT'
ManagementI 'Services
APPROVED AS LEGAL
SUFFICIENCY'
City A~orney's Office-
0442~E 10~54 CIH * 91~1510 No.'3'~ I~1
COMMONWEAL TH of VIRGINIA
l~n~ I~'tr~Ms £-~I1 $o~cet Bem'd
2002
This is to pmvlde you infarm~on ~ the ~"Y2002 fanrl~ qum~r
peyment 6am tho Wimlon. E-9! l Fund.
Sincc this is tim last payment far ~Y2002, you nte eneamnBed to b~
~~ ~e do~~ ~t ~ll be ne~ ~ ~ ~~ ~a~
~0~ ~~ you m~y w~t m ~t a h~ s~ ~~ ~ ~o~ ~
o~ donation ~ ~o~ ~ur o~ ofonst r~v~.
yon htwo Any qu~tiom about yotn' fourth quarter payment or truo-up
]~nol~, at (~c)4) ~?].-ools.
,~l~, ~TN, ~lc~ 8fmonoff
[Boq 22~.)622 - ~< (sO4) 3 ?i.~795- ~ U.~m (soo) L~:-111o - wT.,w.d~,m~vLUj
NIWOU - WWO3 8A
Item V-J. 6.
- 32 -
ORDINANCES
ITEM # 4988 7
Upon motion by Vice Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED
Ordtnance to/1UTHORIZE the TRANSFER of $1, 413 from the General
Fund Reserve for conttngenctes to the Sheriff's department's FY 2002-
2003 operatmg budget re retmburstng a Deputy Shertff for legal fees and
expenses mcurred tn hts defense of a crtmtnal charge artsmg out of an act
commttted tn the dtscharge of hts offictal duttes
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
TRANSFER FUNDS IN THE AMOUNT OF $1,413 FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES TO
THE SHERIFF' S DEPARTMENT' S FY 2002-2003
OPERATING BUDGET FOR THE PURPOSE OF
REIMBURSING A DEPUTY SHERIFF FOR LEGAL FEES
AND EXPENSES INCURRED BY HIM IN HIS DEFENSE OF
A CRIMINAL CHARGE ARISING OUT OF AN ACT
COMMITTED IN THE DISCHARGE OF HIS OFFICIAL
DUTIES
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WHEREAS, a deputy sheriff with the Virginia Beach
Sheriff's Department was charged with assault for an act committed
in the discharge of his official duties;
WHEREAS, the charge was tried before the Virginia Beach
General District Court on April 3, 2002, and was dismissed at the
conclusion of the trial;
WHEREAS, in his defense of said charge, the deputy
sheriff incurred legal fees and expenses in the amount of $1,413;
WHEREAS, the deputy sheriff has requested the City to
reimburse him for such fees and expenses;
WHEREAS, ~ 15.2-1711 of the Code of Virginia provides
that '~[i]f any law-enforcement officer is investigated, arrested or
indicted or otherwise prosecuted on any criminal charge arising out
of any act committed in the discharge of his official duties, and
no charges are brought, the charge is subsequently dismissed or
upon trial he is found not guilty, the governing body of the
locality wherein he is appointed may reimburse such officer for
reasonable legal fees and expenses incurred by him in defense of
such investigation or charge";
WHEREAS, the City Attorney's Office has reviewed the
circumstances of the case, assessed the itemized bill submitted by
the deputy sheriff's legal counsel, and determined that the legal
fees and expenses incurred by the deputy sheriff are reasonable.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to transfer
funds in the amount of $1,413 from the General Fund Reserve for
Contingencies to the Sheriff's Department's FY 2002-2003 Operating
Budget for the purpose of reimbursing a deputy sheriff for legal
fees and expenses incurred by him in his defense of a criminal
charge arising out of an act committed in the discharge of his
official duties.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of July , 2002.
CA-8541
ORDIN\NONCODE\Sheriff's Fees Reimbursement.ord
June 26, 2002
R3
APPROVED AS TO CONTENT'
~ana~eme~t ~rvices
APPROVED AS TO LEGAL
Item V-K.
- 33 -
PLANNING
ITEM # 49888
1. FREDERICK P. PERKINS
VARIANCE
2. DANNY MARTIN
CHANGE OF ZONING
3. ROBERT K. AND LANG X. BELL
CONDITIONAL CHANGE
OF ZONING
4. VOICE STREAM WIRELESS
CONDITIONAL USE PERMIT
5. ENTERPRISE RENT-A-CAR
CONDITIONAL USE PERMIT
6. TRUE VINE
CONDITIONAL USE PERMIT
7. TIDEWATER INVESTMENTS, L.L. C.
CONDITIONAL USE PERMIT
8. KEMPSVILLE CHURCH OF CHRIST
CONDITIONAL USE PERMIT
9. THALIA UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
10. VERONICA LITTLE BEASLEY
CONDITIONAL USE PERMIT
11. HALE BOATEL INC., T/A SHORE DRIVE MARINE CONDITIONAL USE PERMIT
July 2, 2002
Item V-K.
- 34 -
PLANNING
ITEM # 49889
Upon motion by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl APPROVED IN ONE
MOTION terns 1, 2 (DEFERRED INDEFINITELY), 3, 4, 5, 6, 7, 8, 9 and 10 (DEFERRED
INDEFINITEL Y) of the PLANNING B Y CONSENT
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
Vtce Mayor Man&go VERBALLY ABSTAINED on Item K 8 (Kempsvtlle Church of ChrtsO as he was
appointed Assistant Treasurer of the Carolanne Swim Club
Item V-J. 1.
July 2, 2002
Item V-& I.
PLANNING
- 35 -
ITEM # 49890
Upon motion by Vtce Mayor Man&go, seconded by Councdman clones, Ctty Counctl APPROVED
Apphcatton of FREDERICK P. PERKINS for a Vartance of the Subdtvtston Ordmance re subdtvtdmg
two(2) sttes tnto four(4) restdenttal lots
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordinance, Subdtvtston for Fredertck P
Perktns Property ts located at 1004 Wheelgate Lane (GPIN #1478-93-
7658, #1478-93-8463) DISTRICT 4 - BA YSIDE
The followtng condtttons shall be reqmred
Detaded plans for the proposed 3, 200 square feet of dedtcatton
for a "turn around" at the end of I4/heelgate Lane shall be
submttted to the Development Servtces Center wtth the final plat
2 A street hghtplan shall be submitted to the Development Servtces
Center for review and approval
Vottng 11-0 (By ConsenO
Councd Members l/~ottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
July 2, 2002
Item V-J.Z
- 36-
PL~4NNING
ITEM # 49891
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl DEFERRED
INDEFINITELY an Or&nance upon apphcatton of D,4NNY MARTIN for a Change o_[ Zomng
ORDINANCE UPON APPLICATION OF DANNY MARTIN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM A- 12 (SD)
AND A-18 (SD) APARTMENT DISTRICTS TO A-18 WITH A PD-H2
0 VE~A Y (SHORE DRIVE CORRIDOR 0 VERLA Y DISTRICT)
Or&nance upon Apphcatton of Danny Marttn for a Change 0£ Zomng
Dtstrtct Classt_ficatton_from A-12 (SD) and A- I 8 (SD) Apartment Dtstrtcts
to A-18 wtth a PD-H2 Overlay (Shore Drtve Corrtdor Overlay DtstrtcO
on the east stde of Pleasure House Road, 150feet south of N Greenwell
Road (GPIN #1479-48-6524, #1479-48-7476, #1479-48-7522) The
proposed zomng classtficatton change to A-18 wtth a PD-H2 Overlay and
a Shore Drtve Corrtdor Overlay Dtstrtct ts for multtfamtly land use at a
denstty no greater than 18 untts to the acre The Comprehensive Plan
recommends use of thts parcel for restdenttal uses at me&urn and htgh
denstttes that are compattble wtth stngle faintly, townhouse and
multtfamtly use tn accordance wtth other Plan pohctes Satd parcel
contatns 1 acre DISTRICT 4 - BA YSIDE
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-d.$.
-37-
PLANNING
ITEM # 49892
Upon motton by Vice Mayor Man&go, seconded by Councilman Jones, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of ROBERT K. and LANG X. BELL for a Condtttonal Change o_f Zontng
Dtstrtct Classtficatton
ORDINANCE UPON APPLICATION OF ROBERT K & LANG X BELL
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D TO CONDITIONAL B- 1 ZO 702123
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon Apphcatton of Robert K & Lang X Bell for a Change o_f
Zoning Dtstrtct Classtficatton from R-5D Restdenttal Duplex Dtstrtct to
Condtttonal B-1 Netghborhood Dtstrtct on the south stde of lndtan Rtver
Road, west of the tntersectton wtth Level Green Boulevard (GPIN #1456-
52-3841) The proposed zomng classtficatton change to Condtttonal B-1
ts for low mtenstty commerctal land use The Comprehenstve Plan
recommends use of thts parcel for restdenttal uses above 3 5 dwelhng
untts per acre at denstttes that are compattble wtth stngle famtly and
townhouse use tn accordance wtth other Plan pohctes Satd parcel ts
located at 6041 Indtan Rtver Road and contains 18,412 square feet
DISTRICT 1 - CENTER VILLE
The followtng condttton shall be requtred
1 Agreement encompasstng proffers shall be recorded wtth the
Clerk of the Ctrcutt Court and ss hereby made a part of the
proceedtngs
These Ordtnances shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordmance
Adopted by the Counctl of the City of Vtrgmta Beach, Vtrgmta, on the Second of July, Two Thousand Two
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, dsm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-d. 4.
PLANNING
- 38-
ITEM # 49893
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of VOICE STREAM WIRELESS for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF VOICE STREAM WIRELESS
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION
TOWER R070231036
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Votce Stream Wtreless for a Condtttonal
Use Permtt for a commumcatton tower on certatn property located south
of Lynnhaven Parkway, 100 feet more or less east of Sydenham
Tratl(GPIN #1475-23-6378) Satd parcel ts located at 1993 Sun Devtl
HAl and contatns 59 4915 acres DISTRICT 1 - CENTER VILLE
The followtng condtttons shall be requtred
Proposed tower must be developed tn substanttal accordance wtth
the stte plan entttled "Stte Locatton Plan for Salem High School
VA 10381-A", prepared by Lewis White and Assoctates, dated
Aprtl 7, 2002 and the tower spectficatton drawtng entttled "Votce
Stream Valmont Order # 15616-62 Site Name Salem HS"
prepared by Valmont, dated May 15, 2002 A copy of the plans
was presented to Ctty Counctl and ts on file tn the Planntng
Department
2 Suffictent landscaping to screen the tower base and support
butldtng must be provtded on the final stte plan
The support butldtng must be developed tn substanttal accordance
wtth the stte plan entitled "&te Locatton Plan for Salem Htgh
School VA 10381-A ", prepared by Lewts White and Assoctates,
dated Aprtl 7, 2002 and the external elevattons entttled "Extertor
Elevattons VotceStream Communtcattons" prepared by Andrew
Corporatton, dated May 13, 2002 A copy of the plans was
presented to Ctty Councd and ts on file tn the Planntng
Department
Theproposed tower/hght-pole shall not exceed 115feet tn overall
hetght and must be a spun steel pole Antennas on the tower must
be flush mounted at or near the elevattons shown on the stte plan
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Communtcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study (RF study),
conducted by a quahfied engmeer hcensed to practtce tn the
Commonwealth of Vtrgtnta, showtng that the tntended user(s) will
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
commumcattons facthttes, shall be provtded prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
In the event tnterference wtth any Ctty emergency commumcattons
facthttes artses from the users of thts tower, the user(s) shall take
all measures reasonably necessary to correct and ehmtnate the
tnterference If the tnterference cannot be ehmtnated wtthtn a
reasonable ttme, the user shall tmmedtately cease operatton to the
extent necessary to stop the tnterference
In the event that antennas on the tower are tnacttve for a period
of two years, the tower must be removed at the apphcant's
expense and replaced wtth a hght pole to match the other hght
poles tn place at thts stadtum
July 2, 2002
- 39-
Item V-J. 4.
PLANNING
ITEM # 49893 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordinance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Second of July, Two Thousand Two
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wdson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
July 2, 2002
- 40-
Item V-J. 5.
PLANNING
ITEM # 49894
Upon motton by Vice Mayor Man&go, seconded by Councdman Jones, Ctty Councd ADOPTED an
Ordtnance upon Apphcatton of ENTERPRISE RENT-A-CAR for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR
FOR A CONDITIONAL USE PERMIT FOR AUTO RENTAL.R 0 7023103 7
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of Enterprise Rent-A-Car for a Conchttonal
Use Permit for auto rental on certatn property located on the west stde of
Independence Boulevard, north of Smtth Farm Road (GPIN #1479-07-
8475) Satd parcel ts located at 2017 Independence Boulevard and
contatns 18,209 square feet DISTRICT 4 - BA YSIDE
The followtng condtttons are requtred
Parking areas shall be dehneated on the site according to
approved stte plan of August 4, 1986 Three (3) addtttonal
parktng spaces shall be dehneated on the stte between
Independence Boulevard and the front of the structure, on the
extstmgpavement If the apphcant chooses not be use theparkmg
dehneatton of the 1986 stte plan, a stte plan deptctmg the parkmg
layout shall be submttted to the Planmng Department's
Development Servtces Center for revtew and approval
The stte shall be tmproved wtth requtred street frontage
landscaptng and foundatton planttng as required tn the Site Plan
Ordtnance, Sectton 5A Plants shall be the types spectfied tn the
"Shore Drtve Corrtdor Plan, Appendtces", Landscaptng Sectton
Extsttng foundatton plants may be used provtded the plants
conform to the plant hst for the shore Drtve Corrtdor Overlay
Dtstrtct The apphcant shall submtt a landscape plan to the
Planning Dtrector, or hts destgnee, for review and approvaI prtor
to the tnstallatton of the plants
Landscaptng along the southern and western property hnes shall
be tmproved to meet Category IV screemng, as specified tn the
Landscapmg Screenmg and Buffering Spectficattons and
Standards Extsttng vegetatton may be used tf tt can be
demonstrated that tt provtdes the necessary screentng and
buffertng to sattsfy the Category IV requtrements
All other areas on the st te not tmproved wtth pavement, structure,
and reqmred landscaptng shall be matntatned wtth the grassed
lawn
The bmldtng shall bepatnted Sherwtn Wdhams "Enterprtse Gray"
wtth green trim The roof color shall be changes to black or dark
gray The apphcant may use a spray gloss apphcatton to change
the shmgle color provtded tt ts approved by the Butldtng Code
Offictal If the roof color ts not changed to black or dark gray
then the butldtng shall be patnted cream or sand color
No more than rune (9) rental vehtcles shall be allowed on the stte
at any ttme There shall be no panel type trucks or traders,
commonly used for movtng purposes, on the stte at any ttme
7 There shall be no washtng, detathng, matntenance, or repatr of
any motor vehtcles on the stte
No vehtcles shall be parked wtthtn any portton of the pubhc
rtght-of-way Vehtcles shall not be &splayed on vehtcleplatforms
at any ttme
July 2, 2002
Item V-J.$.
PLANNING
-41 -
ITEM # 49894 (Continued)
9 No outstde pagtng system, loudspeakers, and/or mustc shall be
permttted on the stte
10 The nonconforming freestandtng stgn shall be removed, or
modtfied to conform wtth the Ctty Contng Ordtnance requtrements
pertatntng to height and setback A mtntmum of 75 square feet
landscape area shall be tnstalled around the base of the stgn
11 The hours of operatton shall be hmtted to Monday through
Friday, 8 O0 a m to 600p m, and Saturday, 9 O0 a m to 12 O0
pm
12 The apphcant shall obtatn a certtficate of occupancy from the
Permits and Inspections Dtvtston of the Planntng Department
before the issuance of a business hcense or occupymg the
butMmg
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgmta, on the Second of July, Two Thousand Two
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
- 42 -
Item V-J. 6.
PLANNING
ITEM # 49895
Upon motton by Vtce Mayor Mandtgo, seconded by Councdman Jones, Ctty Councd ADOPTED an
Ordinance upon Apphcatton of TRUE VINE for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF TRUE VINE FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R070231038
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of True Vtne for a Condtttonal Use Permtt
for a church on the south stde of Vtrgtnta Beach Boulevard 400feet more
or less east of Davts Street (GPIN #1467-47-4613) Said property ts
located at 5465-H Vtrgtma Beach Boulevard and contatns 600 square
feet DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be requtred
! No addtttonalstgnage along the Vtrgtnta Beach rtght-of-way shall
be permttted
2 A Certtficate of Occupancy must be obtatnedfrom the Butldtng
Official's Office prtor to occupancy
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Second of July, Two Thousand Two
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary
Wtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
July 2, 2002
- 43 -
Item V-J. 7.
PLANNING
ITEM # 49896
Upon motton by Vice Mayor Man&go, seconded by Councilman Jones, Ctty Counctl ADOPTED an
Ordmance upon apphcatton of TIDEWATER INVESTMENTS, L.L.C., for a Conchttonal Use Permtt
ORDINANCE UPON APPLICA TION OF TIDEWATER INVESTMENTS,
L L C, FOR A CONDITIONAL USE PERMIT FOR AN A UTOMA TED
CAR WASH R070231039
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Ttdewater Investments, L L C, for a
Condtttonal Use Permtt for an automated car wash (ad&tton to extsttng
fuel sales) at the southeast corner of Providence Road and Lord Dunmore
Drive (GPIN #I 466-44-8213) Satd parcel ts located at 5285 Providence
Road and contatns 20, 73 7 square feet DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be requtred
The car wash shall substanttally adhere to the stte plan entttled
"Layout and Landscape Plan - Car Wash Addttton to Extsttng
BP/Amoco" dated Aprtl 1, 2002 and prepared by land Destgn and
Development Inc A copy of thts plan wtll be presented to Ctty
Counctl and ts on file tn the Planntng Department
The car wash butMtng shall substanttally adhere to the rendertng
entttled "BP Car Wash Addttton 5285 Provtdence Road"prepared by
Land Destgn and Development, Inc A copy of thts rendertng wtll be
presented to Ctty Counctl and ts on file tn the Planntng Department
3 No stgnage shall be tnstalled on the wtndows or on the facade of the
proposed car wash structure
All extsttng venchng machtnes that wtll stay on the stte must be
enclosed and screened tn accordance with Section 245(e) of the Ctty
Zonmg Ordinance
5 The dumpster screentng enclosure must be constructed ofsphtface or
embossed block tn the same color as the car wash butldtng
The extsttng non-conformtngfreestandtng stgn shall be removed An),
new stgnage shall adhere to the requtrements set forth tn the Ctty
Zoning Or&nance for stgnage
A variance from the Board of Zomng Appeals shall be obtatned to
allow a 30foot setback between the car wash butldtng and the nearest
gas pump tnstead of 55 feet as requtred If the vartance ts not
granted, thts condtttonal use permtt wtll become null and void
Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zontng Ordtnance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Second of July, Two Thousand Two
Vottng 11-0 (By Consen0
Council Members Votzng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-J.&
- 44 -
PLANNING
ITEM it 4989 7
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED an
Or&nance upon apphcatton of KEMPSVILLE CHURCH OF CHRIST for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF
CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R070231040
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Kempsvtlle Church of Christ for a
Condtttonal Use Permit for a church at the northwest corner of
Parhament Drtve and Yoder Lane (GPIN #1467-43-1228, it1467-43-
2568) Satd parcel ts located at 5424 Parhament Drove and contatns
4 539 acres DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be required
The extsttng property hne that separates the extsttng church
property from Lot 1 of"Yoder Estates" (also owned by the church)
shall be vacated and a new plat put to record prior to the
approval of the final stte plan
The archttectural style, building matertals, and colors of the 3, 750
square foot classroom addttton, the 3, 600 square foot classroom
addttton and the 14,300family hfe center shall be substanttally
stmtlar to the archttectural style, butldtng matertals, and colors
of the extsttng structures on the stte The elevations of these
addtttons shall be revtewed and approved by the Planntng
Dtrector prtor to the tssuance of a butldtng permtt
Category 1 (evergreen shrubs) shall be tnstalled along the north
property hne between Lots 1 and 2 of Yoder Estates and along the
property hne behtnd the proposed parsonage adjacent to the
Carolanne Swtm Club property as deptcted on the concept plan
entttled "Kempsvtlle Church of Chrtst, Prehmtnary Stte Plan,"
prepared by The Spectra Group, dated February 14, 2002
The proposed storage butldtng shall be no larger than 1,000
square feet and shall be located on the stte so that tt ts no closer
than twenty (20)feet from the western property hne The garage
doors of the storage butldmg (the 25 foot wtde stde) shall be
accessed vta the proposed parktng area thereby ehmtnattng the
need for an ad&ttonal drtveway on the proposed parsonage stte
All garage style doors of the storage butldtng shall face the
extsttng church property
Evergreen foundation landscapmg, a mtmmum 18 tnches tn height
at the ttme of planttng and three (3)feet on center, shall be
tnstalled along the storage butldtngfacade that faces Yoder Lane
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Second of July, Two Thousand Two
July 2, 2002
- 45 -
Item V-J. 8.
PLANNING
ITEM # 4989 7 (Continued)
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron
A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Abstatmng
Vtce Mayor Robert C Man&go, Jr
Counctl Members Absent
None
Vice Mayor Man&go ABSTAINED as he was appotnted Asszstant Treasurer of the Carolanne Swzm Club
July 2, 2002
- 46-
Item V-J. 9.
PLANNING
ITEM # 49898
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Council ADOPTED an
Ordtnance upon apphcatton of THALIA UNITED METHODIST CHURCH for a Condtttonal Use Permit
ORDINANCE UPONAPPLICA TION OF THALIA UNITED METHODIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
EXPANSION RO 70231041
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Thaha Untted Metho&st Church for a
Condtttonal Use Permttfor a church expanston at the southwest corner
of Vtrgtnta Beach Boulevard and N Ftr Avenue (GPIN #1477-85-5181,
#1477-85-2087, #1477-84-6912, #1477-84-5902, #1477-84-3905)
Property ts located at 4321 Vtrgtnta Beach Boulevard and contatns 3 9
acres DISTRICT 3 - ROSE HALL
The followtng condtttons shall be requtred
Development of the stte shall substanttally adhere to the stte plan
entttled, "Addttton to Thaha Untted Methodtst Church," dated
dan 10, 2002 and prepared by Adktns Engmeertng, P C and
Waller Todd & Sadler Architects, whtch ts on file wtth the
Planntng Department It shall be tn conformance wtth the Stte
Plan Ordtnance
The owner of the property shall matntatn the "detentton area" at
the elevation shown tn the "Detentton Area Detatl" on the stte
plan approved by the Development Servtces Center August 5,
1999
Butldtng addtttons shall be constructed as deptcted on the
elevattons entttled, "Addtttons and Alterattons to Thaha Untted
Methodtst Church "by Waller Todd & Sadler Archttects, whtch are
on file wtth the Planmng Department
The apphcant shall adhere to condtttons placed on the property
by the Chesapeake Bay Preservatton Area Board on July 27,
1998
This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the CounctI of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Second of duly, Two Thousand Two
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-J. IO.
-47-
PLANNING
ITEM # 49899
Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Council DEFERRED
INDEFINITELY Ordtnance upon apphcatton of VERONICA LITTLE BEASLEY
ORDINANCE UPONAPPLICA TION OF VERONICA LITTLE BEASLEY
FOR A CONDITIONAL USE PERMIT FOR A FAMILY DAY-CARE
HOME
Ordtnance upon Apphcatton of Veromca Ltttle Beasleyfor a Conchttonal
Use Permtt for a famtly day-care home on the south stde of Forest Glen
Road, east of Wtndsor Oaks Boulevard (GPIN #I486-26-6912) Said
parcel ts located at 3901 Forest Glen Road and contatns 1 O, 500 square
feet DISTRICT 3 - ROSE HALL
Voting I I-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
W'tlson and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
July 2, 2002
Item V-J. 11
- 48-
PLANNING ITEM # 49900
The followtng spoke tn SUPPORT
Attorney R E Bourdon, Phone 499-8971 represented the apphcant, submttted revtsed plan
Rtchard Welton, 416 49th Street, recreattonal fisherman and boater, works for a Conservatton orgamzatton
very tnvolved tn the Shore Drive bustness commumty
Upon motton by Counctlman Jones, seconded by Counctl Lady Eure, Ctty Council MODIFIED
CONDITIONS placed on the apphcatton approved May 9, 2000, tn behalf of HALE BOATEL INC., T/A
SHORE DRIVE MARINE:
Ordtnance upon Apphcatton of Hale Boatel Inc , T/A Shore Drtve Manne
for a Modtficatton of Condtttons placed on the apphcatton for a
condtttonal use permtt for boat sales & small engine repatr on May 9,
2000 (GPIN #I489-39-9034, #1489-49-0053) Property ss located at
3 744 Shore Drive Dtstrtct 4 - BA YSIDE
All conditions, except Condmon 4 of the May 9, 2000, Conditional Use Permit, shall remain tn effect
Except as otherwtse spectfied tn these conchttons, the subject stte
shall be developed tn accordance wtth the stte development plan
entttled "Shore Drtve Martne, Boat Retad & Shop, Shore Drive &
Roanoke Avenue, Vtrgtnta Beach, Vtrgtnta 23451, Prehmtnary
Stte Plan ", prepared by ~ P Large, Inc, dated February 16,
2000, and on file wtth the Department of Planntng
Fenctngfor the stte shall be tnstalled tn accordance wtth the stte
plan and the fence detatl drawing, entttled "Shore Drive Manna
Fence, "submitted to and on file wtth the Department of Planntng
The brick and wood fence shown tn the fence detatl shall be
tnstalled along Roanoke Avenue (between the northwest corner of
the butldtng and the fence along the rearproperty hne), along the
Shore Drive frontage (between the eastern property hne and the
parktng area), along the eastern edge of the parkmg area, and
then from the termtnus of the wood and brtck fence at the eastern
edge of the parking area to the northeast corner of the butldtng
(northern edge of the parkmg area) A shdtng gate may be
tnstalled along the sectton offence adjacent to the northern edge
of the parktng area
The stte shall be planted wtth trees, shrubs, and groundcover as
tndtcated on the plan entttled, "Landscaptng Plan, Shore Drive
Martne, Boat Retail and Shop ", undated, and on file wtth the
Department of Planmng
The exterior of the bmldtng shall be constructed substantially as
shown on the elevanon drawtngs of the Shore Drive Manne,
entttled "Revtsed Left Elevatton" "Revtsed Front Elevation "and
Revtsed Rear Elevatton ", all dated June 19, 2002, whtch are on
file tn the Department of Plamng
5 No outdoor loudspeaker/pagtng system shall be permttted
Hours of operatton of the bustness dunng the Summer are from
8 O0 a m to 5 30 p m, Monday through Friday In Wtnter, the
bustness hours are 8 30 a m to 5 30p m Saturday hours are 9 O0
a m to noon, year round
July 2, 2002
Item V-J. 11
- 49-
PLANNING
ITEM # 49900 (Continued)
The only stgns to be allowed are those tndtcated on the butldtng
elevatton drawings referenced tn condttton number four (4) No
other stgns are permttted, except for the purpose of traffic control
The apphcant may, however, install an etght-foot (87 htgh
monument-style stgn wtth a brtck base and EIFS trtm, matchmg
the matertal and colors of the butldtng, tf destred, at a later date
No boats, vehtcles or cars shall be parked tn any portton of the
ctty rtght-of-way No boats may be &splayed tn the area of the
stte plan mchcated for parktng spaces and the drtve atsles
assoctated wtth those parking spaces
9 No banners, streamers nor portable stgns shall be permttted
10 All engtne repatr and testing shall occur tnstde the bmldtng The
overhead roll-up garage doors shall rematn closed at all ttmes
except as necessary to move boats tn and out of the but[dtng
11 A subdtvtston plat vacattng all tnternal lot hnes must be submttted
and approved prtor to final stte plan revtew
Vottng 11-0
Counctl Members Vottng Aye
Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary
Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 2, 2002
- 50-
Item V-L. 1.
APPOINTMENTS
ITEM # 49901
B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowmg APPOINTMENTS:
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COIG)
SOCIAL SER VICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC)
July 2, 2002
- 51 -
Item V-O. ITEM # 49902
ADJOURNMENT
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 6:50 P.M.
Chief Deputy Ctty Clerk
Ruth Hodges Smtth, MMC
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
July 2, 2002