MAY 14, 2002 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, IlL Beach -Dtstrtct 6
MARGARET L EURE, Centervtlle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle - District 2
NANCY K PARKER, At-Large
ROSEMARY WII_~ON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ctty vtrgtnta-beach va us
May 14, 2002
I. CITY MANAGER'S BRIEFING
- Conference Room -
4:00PM
Ao
"SAFE BEACH" TASK FORCE
Bruce Edwards, Chief, Emergency Medical Services
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5:00PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Mark A. Tyree
Key Stone Church
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL JOINT FORMAL SESSION AND - April 16, 2002
CLOSED SESSIONS - Development Authority
2. SPECIAL FORMAL SESSION/PUBLIC HEARING - - April 18, 2002
FY2002-03 Budget/CIP
Cox High School
3. INFORMAL AND FORMAL SESSIONS
- April 23, 2002
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. EXCESS CITY-OWNED PROPERTY' Salem Road and Lynnhaven Parkway
.
EXCESS CITY-OWNED PROPERTY for EXCHANGE: Ulysses T. and
Yvonne S. Brown
3. LEASE OF CITY PROPERTY for DEVELOPMENT' Sentara Way and A Avenue
,
ESTABLISH SPECIAL SERVICE DISTRICT and REAL ESTATE TAX RATE -
TOWN CENTER
I. ORDINANCES/RESOLUTION
1 FY 2002-2003 Resource Management Plan:
ao
Appropriations for the fiscal year beginning July 1, 2002, ending June 30, 2003,
in the sum of One Bllhon, Two Hundred Thirty Mllhon, Eight Hundred Eighteen
Thousand, Five Hundred Seventy-Eight Dollars ($1,230,818,578) for operations
and Four Hundred Thirty-One Million, Slx Hundred Sixty-Three, One Hundred
Fifty-Seven Dollars ($431,663,157) in interfund transfers and regulating the
payments from the city treasury, as amended.
b. Establish the tax levy on real estate for fiscal year 2003
Co
Establish the tax levy on personal property, machinery and tools for the
calendar year 2003
do
AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S.
Department of Housing and Urban Development (HUD)
e,
AMEND the City Code re exemption or deferral of real estate taxes for the
elderly or disabled persons by increasing income and net worth hmits
AMEND §§ 2-104 and 2-109 of the City Code by correcting typographical
errors and deleting the provisions relating to merit leave
g. AMEND § 2-83 of the City Code pertaining to holidays
ho
AMEND the City Code re permit and inspection fees required under the
Statewlde Fire Prevention Code
AMEND the City Code re imposition of fees, as court costs, for processing
persons admitted to jail and increased courthouse security
,
o
,
o
o
o
.
,
FY2003-2008 Capital Improvement Program (CIP):
re APPROPRIATE Three Hundred Ten Million, Three Hundred Thirty-Two
Thousand, Five Hundred Seventy-Eight Dollars ($310,332,578) from various
sources for the FY2003 Capital Budget
bo
Authorize issuance of General Obligation Bonds in the maximum amount of
Fifty-Nine Million, Three Hundred Thousand Dollars ($59,300,000) for various
public facilities and general improvements
Co
Authorize issuance of water and sewer revenue bonds in the maximum amount
of Six Mdllon, Nine Hundred Thirty Thousand Dollars ($6,930,000)
Ordinance to declare EXCESS PROPERTY on a parcel of land at Salem Road and
Lynnhaven Parkway and AUTHORIZE the City Manager to convey property to RPA
Salem Lynnhaven, LLC.
(KEMPSVILLE - DISTRICT 2)
Ordinance to declare EXCESS PROPERTY and dispose of same by a DEED OF
EXCHANGE for the condemned property owned by ULYSSES T. and YVONNE S.
BROWN; and, AUTHORIZE the City Manager to execute a Deed of Exchange.
(PRINCESS ANNE- DISTRICT 7)
Ordinance to AUTHORIZE the City Manager to execute a lease with Rosemont
Interstate Center II, LLC re an office complex for a portion of Sentara Way and A
Avenue.
Ordinances re Town Center:
a. ESTABLISH a Town Center Special Service District
b.
LEVY REAL ESTATE TAX on all property in the Town Center Special Service
District
C,
APPROPRIATE $314,000 in real estate tax revenue from properties located
within the Town Center Special Service District re enhanced maintenance for
public infrastructure and public parking within this District.
Ordinance to AMEND and enhance the 31st Street project in conformity with City
Council approval April 24, 2002, and recommend the Development Authority approve
and execute these documents.
(BEACH - DISTRICT 6)
Ordinance to AMEND an Ordinance (adopted May 12, 1998) re encroachment
agreements for properties located adjacent to the seawall from 43ra and 58th Streets to
42nd and 58th Streets.
(BEACH- DISTRICT 6)
Ordinance to GRANT a new franchise for an Open Air Caf6 to TRADEWINDS L.C.
t/a ROCK FISH BOARDWALKBAR AND SEAGRILL at 1601 Atlantic Avenue.
(BEACH- DISTRICT 6)
10.
Ordinance to ACCEPT acqms~t~on of property ~n Fee S~mple for right-of-way and/or
Temporary and Permanent Easements by agreement or condemnation re the following
projects in the Water Utility and Sewer Utility Sections of the Capital Improvement
Program (CIP) for FY 2002-2003 re:
a. 5-072
b. 5-082
c. 5-085
d. 5-090
e. 5-100
f. 5-105
g. 6-075
h. 6-084
1. 6-149
Maxey Manor Water Improvements - 51% Program
West Neck Road Water Improvements
Lynnhaven Pump Station Modifications - Phase II
Lynnhaven Parkway- Phase XI Water Improvements (VDOT)
Sierra Drive Water Improvements
Stumpy Lake Lane Water Improvements - 51% Program
Laskln Road Sewer Improvements - Phase I (VDOT)
Maxey Manor Sewer Improvements - 51% Proram
Princess Anne Sewer Force Main Phase IV (VDOT)
11.
12.
13.
14.
Ordinances re temporary encroachments into the City's rights-of-way:
(BAYSIDE- DISTRICT 4)
a.
Lake Joyce by TERRY M. PARKERSON re constructing and malntalmng a
deck and np rap at 4417 Lee Avenue..
b.
JOHN A. BOYNEWICZ and RUTH R. BOYNEWICZ re continuing
maintenance of an existing 42" wooden retalmng wall at 2531 Beaufort Avenue.
Lake Bradford by ROBERT M. and SUSAN R. RIEVE re constructing and
maintaining np rap and bulkhead at the rear of One Bradford Point.
Ordinance to APPROPRIATE $100,000 from the State and Federal Government to the
Pohce Department's Airplane Enterprise Fund FY 2001-2002 Operating Budget re
continuation of prisoner extraditions.
Ordinances to AMEND the City Code:
a.. § 23-58 re commercial parking lots in Resort Tourist D~stncts
2. § 21-321.2 re maximum speed limits in designated neighborhoods
3. §§ 6-17, 6-71 and 6-116 re lifeguards
Resolution to ESTABLISH the Virginia Beach/Jamestown 2007 Steering Committee
re the 400th anniversary of Jamestown.
J. PLANNING
RECONSIDERATION: Apphcatlons of WEST NECK PROPERTIES, INC. at the
northeast comer of West Neck and Indian River Roads (3132 West Neck Road),
containing 87.215 acres.
(DISTRICT 7 - PRINCESS ANNE)
a.
Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot minimum
pavement width for intertor streets
bo
Change qfZontng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to
Conditional R-15 Residential
c. Condtttonal Use Permtt re Open Space Promotion
Deferred:
January 22, 2002
February 5, 2002
March 5, 2002
March 26, 2002
Staff Recommendation:
Planning Commission Recommendation:
DISAPPROVAL OF 58 LOT PLAN
APPROVAL
.
Application of KATHRYN B. BATEMAN for a Con&ttonal Use Permtt re a
recreational facility of an outdoor nature re children learning about horses, ponies and
farm life at the east side of Pnncess Anne Road, north of Vaughan Road (1324 Princess
Anne Road), containing 3 acres.
(PRINCESS ANNE- DISTRICT 7)
Recommendation:
APPROVAL
.
Application of DOMINION CHRISTIAN CENTER for a Con&ttonal Use Permtt re a
church on the north side of Lynnhaven Parkway, east of Round Hill Road (2159
Lynnhaven Parkway), containing 1.68 acres.
(CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
.
Applications of 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia
corporation at Lynnhaven Parkway and Magic Hollow Boulevard:
(PRINCESS ANNE- DISTRICT 7)
Change ofZontng Dtstrtct Classtficatton from R-7.5 Residential to Conditional
B-2 Community Business, containing 9.46 acres.
b. Con&ttonal Use Permtt re a self-storage facility (mini-warehouses)
Recommendation:
APPROVAL
,
Application of MCCOMBS BROS. MOVING AND STORAGE, INC., a Virginia
corporation, for a Change ofZontng Dtstrtct Classtficatton from AG-1 and AG-2
Agricultural to Conditional I-2 Heavy Industrial at Harper's Road and Dam Neck
Road, containing 6.41 acres.
(BEACH- DISTRICT 6)
Staff Recommends:
Planning Commission Recommends:
DEFERRAL
APPROVAL WITH CONDITIONS
,
,
Application ofLINDA T. CHAPPELL for a Change ofZomng Dtstrtct Classtficatton
from AG-1 and AG-2 Agricultural to Conditional I-1 Light Industrial at Dam Neck
Road and London Bridge Road, containing 25.711 acres.
(BEACH- DISTRICT 6)
Recommendation:
APPROVAL
Apphcatlons of the City of Virginia Beach to AMEND the City Zoning Ordinance
(czo):
§ 203 vehicular parking reqmrements in the B-3A Pembroke Central Business
Core District, provisions pertaining to the required dimensions of parking spaces
and the use of compact car spaces in parking garages and structures in all zoning
districts
bo
§ § 111 and 901 re the definition of and certain reqmrements pertalmng to outdoor
plazas and cafes in the B-3A Pembroke Central Business Core District
Co
§ 902 to allow reduced setbacks from streets for bmldlngs and structures in the
B-3A Pembroke Central Business Core District
Recommendation:
APPROVAL
Ko
APPOINTMENTS:
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
YOUTH SERVICES COORDINATING COUNCIL
L UNFINISHED BUSINESS
Mo
NEW BUSINESS
o
ABSTRACT OF CIVIL CASES RESOLVED - April 2002
ABSTRACT OF VOTES IN COUNCILMANIC ELECTION MAY 7, 2002
N. ADJOURNMENT
If you are physically disabled or visually ~mpalred
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 4274303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Dewce for the Deaf)
05/09/02GW
AGENDA\05/14/02
www vbgov eom
OUR #1
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 14, 2002
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re "SAFE BEACH"
TASK FORCE tn the CtO, Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, May 14, 2002, at
400 PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary
Wtlson
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
[Famtly emergency Entered 4 30 P M]
Mayor Oberndorf advtsed the presence of Counctl Members-Elect Jtm Reeve, Peter W &'hmtdt and James
L Wood Counctlman-ElectRtchardA Maddox was out of town Councilman-Elect Vtllanueva ts expected
to arrtve late
-2-
CITY MANA GER 'S BRIEFING
"SAFE BEACH" TASK FORCE
4:00 P.M.
ITEM # 49583
Bruce Edwards, Chtef- Emergency Me&cai Servtces, m October 2001, formed a Safety Task Force, whose
mtsston was to remew beach safety pohctes and procedures This team, known as the Safe Beach Task
Force, ts comprtsed of representatives from numerous pubhc and prtvate agencies Dtmston Chtef Ed Brazle
ts the Chatr of the Task Force
Chatrman Brazle referenced the foundatton of "Are the Beaches Safe "? The tmme&ate conclusion of the
Task Force was Vtrgtma Beach has very safe beaches Stgntficant investment ts entaded tn contracted
hfeguard servtces ($455,000/yr Resort, - $209,000/yr Sandbridge) Over one-thtrd oJ the Emergency
Me&cal Servtces' budget ts de&cated for beach management safety and overstght There ts stgntficant
pohce presence and an EMS Martne rescue team Other Ctty agenctes are acttvely tnvolved
Summer Season Resort Area Drownings
1996
Resort Beach, after 6 O0 P M, red flags, out all day
1998
Resort beach, guarded zone, dayttme
2001
3 tnctdents, 4 deaths - Resort beach, after 6 O0 p m, redflags out all
day
Why Safe Beach Task Force
Multtple drowmngs during 2001 season
Pen&ng regulations regar&ng water quahty standards and beach closures
Comprehenstve approach destred as opposed to a "knee jerk" reactton
Shark attack seen as another element for consideration
Who is Safe Beach Task Force?
EMS
Parks and Recreatton
Pubhc Works
Conventton and Vtsttor Development
City Attorney
Ctttzen Representative
Health Department
Pohce
Resort Area Ltfeguard Contractor
Hotel/Motel Assoctatton
Merchants Assoctatton
Management Servtces
Task Force Actions
Identified tmme&ate and longer range tssues
Worktng group &scusstons
Pubhc meettng
Key tssues and opttons provtded to EMS Chtef
2002 Focus
Imttal focus ts on Resort Area
Largest concentratton of beach goers
Overwhelmtng majortty of tnctdents occur tn Resort Area
Acttons, parttcularly those of an educattonal nature, wtll benefit
other beach areas
May 14, 2002
-3-
CITY MANA GER 'S BRIEFING
"SAFE BEACH" TASK FORCE
ITEM # 49583 (Continued)
Two Program Areas
Pubhc Educatton and Awareness Emergency Response
How do we adverttse hazard condtttons? Wtder beach provtdes challenges for hfeguards
and other responders
How do we educate the pubhc about risks~safety? How do we restrtct access to the water??
Message potnts when water ts restricted ' Guard after stx?
Actions Underway
Standard safety message points wtll be utthzed by the Ctty Thts
message wtll be advertised through extsttngprograms such as the City
Page and VBTV Ttps are to be posted on each hfeguard stand The
Hotel/Motel Assoctatton wtll &splay the message tn oceanfront hotel
rooms ustng tent cards Staff wtll implement the efforts to educate the
pubhc about oceanfront hazards tncludtng rough surf condtttons, rtp
currents, unusual marine hfe acttvtty, and swimming after dark
The hfeguards will conttnue to deploy red flags As the contracted
hfeguard shtft ends at 600p m ,flags wtll be placed by the Ctty along
the boardwalk near beach access pomts The flags wtll e removed afer
sunset
The Ctty wtll provtde a strong level of awareness and response
capabtltt~, during the hour between 6 O0 p m and 7 O0 p m The
Department of EMS ts prepartng to provtde Ctty hfeguard patrols on
the resort beach from 600p m until 700p m, mghtly durtng thepeak
season (dune 14th - Labor Day) The responders wtll patrol the beach
This deployment ts constdered reactive versus proacttve deployment of
hfeguards
EMS Pohce, Medta and Communtcattons Group, Health Department,
Resort Management Office, and Management Servtces has developed
an admmtstrattve dtrecttve whtch provtdes comprehenstve tnstructtons
for beach closures related to water quahty concerns, hurrtcanes,
hazardous matertal sptlls, unusual martne hfe acttvtty, ro other
unusual emergency sttuattons Staff wtll tmplement this dtrecttve
There will be conttnuous momtortng of Beach acttvtttes durtng the
2002 season, wtth modtficattons added when necessary, to ensure
safety
What will it cost?
Capttahze on extsttng programs whenever posstble
All costs absorbed tn extsttng EMS budget
Flags $2,000
Ltfeguard stand stngs $2,500
Prtnttng costs $2,500
Mtscellaneous equtpment $1,500
May 14, 2002
-4-
CITY MANA GER 'S BRIEFING
"SAFE BEA CH" TASK FORCE
ITEM # 49583 (Continued)
Next Steps
Print message pomts on tent cards for placement tn hotel rooms (tn progress)
Adverttse message vts other medta methods
Implement admtntstrattve chrecttve
Complete tnstallatton of red flag holders
Fmahze Ctty hfeguard deployment plan
Ctty Code Changes
Code Changes
Estabhsh $250 fine for removal of red flags and other warnmg
devtces
Modtfy hfeguard certtficatton requtrements
Associated Code Change
Extend Croatan Surfing Zone In 2000, the Croatan Ctvtc League
Board of Dtrectors recommended expanston of the Camp Pendleton
surfing area by 200feet
Chtef Edwards advtsed the Task Force will be reassembled afier thts season for a comprehenstvepost-season
revtew Thts revtew wtll tnclude the lessons learned from the 2002 season, as well as more detatled
dtscusstons of some of the longer range tssues The hfeguard contractor has three (3) more seasons tncludmg
thts season Future contracts wtll encompass these concerns
May 14, 2002
-5-
AGENDA RE VIEW SESSION
4:25 P.M.
ITEM # 49584
I 1 FY 2002-2003 Resource Management Plan:
Appropriations for the fiscal year begmnmg July 1, 2002,
endtng June 30, 2003, tn the sum of One Bdhon, Two Hundred
Thtrty Mdhon, Etght Hundred Etghteen Thousand, Ftve Hundred
Seventy-Et ght Dollars ($1,230, 818, 5 78)for operations and Four
Hundred Thtrty-One Mtlhon, Six Hundred Stxty-Three, One
Hundred Ftfiy-Seven Dollars ($431,663,157) tn interfund
transfers and regulattng the payments from the ctty treasury, as
amended
b Estabhsh the tax levy on real estateforfiscalyear 2003
c Estabhsh the tax levy on personal property, machinery and
tools for the calendar year 2003
d AUTHORIZE the Ctty Manager to submtt an Annual Funding
Plan to the US Department of Houstng and Urban
Development (HUD)
e AMEND the Ctty Code re exemption or deferral of real estate
taxes for the elderly or disabled persons by increasing income
and net worth hmtts
f AMEND 3%~ 2-104 and 2-109 of the Ctty Code by correcttng
typographical errors and deleting the provtstons relattng to
mertt leave
g AMEND 3~ 2-83 of the Ctty Code pertatntng to hohdays
h AMEND the City Code repermit and inspection fees requtred
under the Statewtde Ftre Preventton Code
AMEND the Ctty Code re imposition of fees, as court costs, for
processmg persons admttted to jarl and mcreased courthouse
securtty
Councd Lady Wdson wdl ABSTAIN on all ttems contatned theretn related to the 31st Street ProJect
Vtce Mayor Sessoms, Councd Members Jones and Harrtson wtll ABSTAIN on all ttems related to Town
Center
Councd Lady Henley referenced item e and &strtbuted an Amended Ordtnance The analysts of Resource
Management tnchcates if the maxtmum were allowed for Deferral, only etght (8) addtttonal parttctpants were
anttctpated However, thts amendment would provtde another optton The costs would only tnvolve
approxtmately $15,600.00
12 FY2003-2008 Capital Improvement Program (CIP):
re APPROPRIATE Three Hundred Ten Mdhon, Three
Hundred Thirty-Two Thousand, Ftve Hundred Seventy-
Etght Dollars ($310,332,578)from vartous sources for
the FY2003 Capttal Budget
Authortze tssuance of General Obhgatton Bonds tn the
maxtmum amount of Ftfty-Ntne Mdhon, Three Hundred
Thousand Dollars ($59,300,000) for vartous pubhc
facthttes and general improvements
c Authortze tssuance of water and sewer revenue bonds tn the
maxtmum amount of Stx Mdhon, Ntne Hundred Thtrty Thousand
Dollars ($6, 930, 000)
May 14, 2002
-6-
AGENDA RE VIEW SESSION
ITEM # 49584 (Continued)
Speakers are regtstered on these items
Vtce Mayor Sessoms, Counctl Members Jones and Harrtson wtll ABSTAIN on all ttems related to Town
Center
Councd Lady Henley wdl ABSTAIN on Laskin Road2-156, (Item 2a) as she has an tnterest tn thts property
Counctl Lady Wtlson expressed concern relattve the Theatre and does not beheve the scope has been
determtned Counctl Lady Wilson requested Ctty Council constderplactng only the destgn, parktng and land
acqutsttton tn the Capttal Improvement Program Mayor Oberndorf understood tn the last dtscusston, the
theatre could be as small as affordable ($20-MILLION), unless the Ctty was able to ratse the otherportton
of the fundtngfrom the prtvate sector Counctlman Harrtson advtsed, unttl the archttects have done thetr
prehmtnary design, theproject cost could not be scoped The Ctty would commtt to theparktng and destgn
of the project durtng the first year of the CIP The first year approprtatton ts approxtmately $19 8-MILLION
The actual theatre constructton would probably be tn Year Three of the Capital Improvement Program
The project ts also subject to future dectstons by the new members of Ctty Counctl Counctlman Man&go
would be hesttant, from a financtal management standpotnt to budget a lesser amount knowtng the funding
would be constderably more
ITEM g49585
13
Ordtnance to declare EXCESS PROPERTY on a parcel
of land at Salem Road and Lynnhaven Parkway and
AUTHORIZE the Ctty Manager to convey property to
RPA Salem Lynnhaven, LLC.
(KEMPSVILLE - DISTRICT 2)
Counctl Lady McClanan wtll vote NA Yon thts ttem Counctl Lady McClanan expressed concern relative the
prtce The developer has offered $50, O00 for the property After the wtdenmg of Salem Road, the value of
the Ctty property was appratsed at $133,000
Council Lady Eure advised thts ts really a "win-win "sttuatton If the parcel ts conveyed to the developer,
the Ctty wtll tmpose restrtcttons, coupled with the currently extsttng easements and restrtcttons of record,
whtch wtll reduce the value constderably The developer for the 7-11, RPA Salem Laynnhaven LLC, has
agreed to access the stte across thts Ctty property, and, due to the structurtng of tts financtng, must own the
Ctty property The developer must agree to the followtng restrtcttons (t) No structure shall be constructed
on the property other than tn connectton wtth the proposed entrance, landscaptng, access road and
stormwater management facthty (lO The property shall be used only for an access road, stormwater
management facthty and landscaptng, OtO the property must be resubdtvtded tnto the adjacent property
prtor to any constructton, and, (tv) the developer mustprovtde cross access easements to and across the Ctty
property for tngress/tngress from and to the adjacent commerctal properttes and the extsttng shopptng center
to Salem Road dtm Lawson, Pubhc Works - Real Estate, advtsed the Ctty patd $210,000 to acquire this
site in 1997. The value was based on the property betng a corner stte wtth commerctal development
potenttal The Ctty purchased etght (8) other properttes at this locatton to restrtct rezontng, condtttonal use
permtt or access issues at this tntersectton
ITEM #49586
1 60r&nances re Town Center
a ESTABLISH a Town Center Spectal Servtce Dtstrtct
b LEVYREAL ESTATE TAX on allproperty tn the Town
Center Spectal Servtce Dtstrtct
c APPROPRIATE $314,000 tn real estate tax revenue from
properttes located wtthtn the Town Center Special Service
District re enhanced matntenance forpubhc tnfrastructure
and pubhc parktng wtthtn thts Dtstrtct
Counctl Members Mandigo and Branch referenced a column whtch stated thts approprtatton for Town
Center was to pay for the shortfall Thts Ordtnance ts not to enhance the shortfall, but pertains to
matntenance to tmprove the quahty of the facthty The Ctty Manager advtsed these Or&nances pertatn to
Phase I, blocks 4, 5 and 11 There wtll be no addtttonal servtce burden on the general taxpayer, tt wtll all
be covered by the Servtce Dtstrtct
May 14, 2002
-7-
AGENDA RE VIEW SESSION
ITEM # 49586 (Continued)
Counctlman Harrtson DISCLOSED hts law firm represented the developer's lender tn conjunctton wtth
the Town Center project
Counctlman Jones DISCLOSED he has an ownership interest tn Resource Bank, whtch exceeds three
percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth Monarch Bank
for a hne of credtt to Armada Hoffler Properties It ts hkely that Armada Hoffler Properttes, wtll manage
the Town Center for theproject 's developer, Town Center Assoctates Also, Resource Bank ts tn negottattons
to lease a new butldtng at the Town Center
Vtce Mayor Sessoms DISCLOSED he ts an officer of Wachovta Bank whtch recently merged wtth Ftrst
Umon National Bank Wachovta Bank has provtded financtngfor the Town Center project
The Ctty Attorney advtsed tn this tnstance the tssue ts very spectahzed to Phase I and all the property
owners tn Phase I constttute the developer The Ctty Attorney advtsed Vice Mayor Sessoms, Councilman
Jones and Councilman Harrison to ABSTAIN.
ITEM #4958 7
17
Or&nance to AMEND and enhance the 31st Street project
tn conformity wtth Ctty Counctl approval Aprtl 24, 2002,
and recommend the Development Authortty approve and
execute these documents
(BEACH- DISTRICT 6)
The Ctty Attorney &strtbuted an AMENDED Ordinance Sectton 3, Page 4, has been amended
The Ctty Manager or hts destgnee ts hereby authortzed, after
approval of the Amendatory Documents by the Board of the
Authortty, to execute and dehver on behalf of the City of Vtrgmta
Beach the Amendatory Documents tn form substanttally as
presented to both the City and the Authority tn a joint spectal
meettng held on Aprtl 16, 2002, together wtth such c]taiige~ non-
substantive and/or techmcal changes or modtficattons as may be
approved by the City Manager and the Ctty Attorney
Counctl Lady Wilson DISCLOSED andwtll ABSTAINAS her husband ts aprtnctpal tn the accounttngfirm
of Goodman and Company and earns compensatton which exceeds $10,000 O0 annually Goodman and
Company has provtded accounttng and tax services related to 3]st Street and the Beach Quarters Inn The
Ctty Attorney has advtsed that she ts required to disclose any personal tnterest as tt meets the crtterta of a
personal tnterest tn the transaction under the Conflict of Interests Act and ts dtsquahfied from parttctpatmg
tn thts transactton Counctl Lady Wtlson's letter of Aprtl 9, 2002, ts hereby made a part of the record
ITEM # 49588
I10
Or&nance to ACCEPT acqutsttton of property tn Fee
Simple for right-of-way and/or Temporary and Permanent
Easements by agreement or condemnatton re the followtng
projects tn the Water Utility and Sewer Utility Sections of
the Capttal Improvement Program (CIP) for FY 2002-
2003 re
a 5-072 Maxey Manor Water Improvements - 51% Program
b 5-082 West Neck Road Water Improvements
c 5 -085 Lynnhaven Pump Statton Modtficattons- Phase H
d 5-090 Lynnhaven Parkway - Phase XI Water Improvements
e 5-100 Sterra Drtve Water Improvements
f 5-105 Stumpy Lake Lane Water Improvements - 51% Program
g 6-075 Lasktn Road Sewer Improvements - Phase I (VDOT)
h 6-084 Maxey Manor Sewer Improvements - 51% Program
t 6-149 Prtncess Anne Sewer Force Main Phase IV (VDOT)
(VDOT)
Counctlman Jones will ABSTAIN on Item 10 t (6-149 Prtncess Anne Sewer Force Matn)
May 14, 2002
-8-
AGENDA RE VIEW SESSION
ITEM # 49589
113 Ordtnances to AMEND the City Code
a 3~ 23-5 re commercialparking lots tn Resort Tourtst Dtstrtcts
Counctlman Branch requested thts ttem be DEFERRED INDEFINITELY There have been concerns and
he wtshes to confer wtth the Ctty Attorney relative these concerns
ITEM # 49590
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA:
ORDINANCES/RES OL UTION
13
Ordtnance to declare EXCESS PROPERTY on a parcel
of land at Salem Road and Lynnhaven Parkway and
AUTHORIZE the City Manager to convey property to
RPA Salem Lynnhaven, LLC.
(KEMPSVILLE - DISTRICT 2)
14
Or&nance to declare EXCESS PROPERTY and chspose
of same by a DEED OF EXCHANGE for the condemned
property owned by ULYSSES T. and YVONNE S.
BROWN; and, AUTHORIZE the Ct ty Manager to execute
a Deed of Exchange
(PRINCESS ANNE - DISTRICT 7)
15
Ordtnance to AUTHORIZE the Ctty Manager to execute
a lease wtth Rosemont Interstate Center II, LLC re an
office complex for a portton of Sentara }Fay and A
Avenue
16 Ordtnances re Town Center
a ESTABLISH a Town Center Spectal Service Dtstrtct
b LEVYREAL ESTATE TAX on allproperty tn the Town
Center Spectal Servtce Dtstrtct
APPROPRIATE $314,000 tn real estate tax revenue from
properttes located wtthtn the Town Center Special Service
District re enhanced matntenance forpubhc tnfrastructure
and pubhc parktng wtthtn thts Dtstrtct
18
Ordinance to AMEND an Ordinance (adopted May 12,
1998) re encroachment agreements forproperttes located
adjacent to the seawall from 43ra and 58th Streets to 42na
and 58th Streets
(BEACH - DISTRICT 6)
19
Ordtnance to GRANT a new franchise for an Open Air
Cafd to TRADEWINDS L C t/a ROCK FISH
BOARD WALKBAR AND SEAGRILL at 1601 Atlanttc
Avenue
(BEA CH- DISTRICT 6)
May 14, 2002
-9-
AGENDA RE VIEW SESSION
ITEM # 49590 (Continued)
I10
Ordtnance to ACCEPT acqutsttton of property tn Fee
&mple for rtght-of-way and/or Temporary and Permanent
Easements by agreement or condemnatton re the following
projects tn the Water Utility and Sewer Utility Sections of
the Capttal Improvement Program (CIP) for FY 2002-
2003 re
5-072 Maxey Manor Water Improvements - 51% Program
5-082 West Neck Road Water Improvements
5 -085 Lynnhaven Pump Statton Modtficattons- Phase H
5-090 Lynnhaven Parkway - Phase XI Water Improvements
(rDOr)
5-100 Sterra Drtve Water Improvements
5-105 Stumpy Lake Lane Water Improvements - 51% Program
6-075 Laskm Road Sewer Improvements - Phase I (VDOT)
6-084 Maxey Manor Sewer Improvements - 51% Program
6-149 Prtncess Anne Sewer Force Mare Phase IV (VDOT)
Ill
Ordtnances re temporary encroachments tnto the Ctty's rtghts-
of-way
(BA YSIDE - DISTRICT 4)
a Lake Joyce by TERRYM. PARKERSON re constructing
and matntatntng a deck and rtp rap at 4417 Lee Avenue
JOHNA. BOYNEWICZ and RUTH R. BOYNEWICZ re
conttnutng matntenance of an extsttng 42" wooden
retatntng wall at 2531 Beaufort Avenue
Lake Bradford by ROBERTM and SUSANR. RIEVE re
constructtng and matntatmng rip rap and bulkhead at the
rear of One Bradford Potnt
112
Ordtnance to APPROPRIATE $100, 000 from the State
and Federal Government to the Pohce Department's
Airplane Enterprise Fund FY 2001-2002 Operating
Budget re conttnuatton of prisoner extraditions
I 13 Or&nances to AMEND the Ctty Code
a 3~ 23-58 re commercialparking lots tn Resort Tourist Dtstrtcts
b 3~ 21-321 2 re maximum speed limits tn destgnated netghborhoods
c 3%~ 6-17, 6-71 and 6-116 re lifeguards
114
Resolutton to ESTABLISH the Virginia
Beach/Jamestown 2007 Steering Committee re the 400th
anntversary of damestown
Councd Lady McClanan wtll vote NAY on Item 3
Vtce Mayor Sessoms, Counctlmen Harrison and Jones wtll ABSTAIN on Item 6
Counctlman Jones wdl ABSTAIN on Item 10 t (6-149 Princess Anne Sewer Force Matn)
Item 13 a wtll be DEFERRED INDEFINITEL K B Y CONSENT
May 14, 2002
-10-
AGENDA RE VIEW SESSION
ITEM # 49591
`11
Apphcattons of WEST NECK PROPERTIES, INC. at the
northeast corner of West Neck and In&an Rtver Roads
(3132 West Neck Road), contammg 87 215 acres
(DISTRICT 7 - PRINCESS ANNE)
Vartance to ~ 4 4(b) of the Sub&vtston Or&nance re the
thtrty (30)-foot mtntmum pavement wtdth for tntertor
streets
Change of Zoning Dtstrtct Classtficatton from AG-1 and AG-2
Agrtcultural Dtstrtct to Condtttonal R-15 Restdenttal Dtstrtct
c Conchttonal Use Permtt re Open Space Promotton
Counctlman Harrtson referenced the rtght-of-way concerns of E Dean Block, Dtrector of Pubhc Works
The City Manager advised essenttally the ~ acre lot plan does not provide enough future right-of-way
potenttal to allow the eventual widening of West Neck Road Mr Block advtsed there should be more of
a mtntmum set back Councilman Branch beheves West Neck was to be four-lane up to the Stgnature Golf
Course, but would rematn 2-lane south of In&an Rtver Road, unless there ts a real spurt of development
Mr Scott advtsed the Ctty ts not prepared to 4-lane West Neck all the way to Indian River Road.
Counctl Lady Henley understands the concept of gotng to smaller lots to preserve open space, however, thts
ts done when those smaller lots abut open space The small lots tn the West Neck apphcatton abut other
small lots, not the open space Therefore, no benefit of the open space ss recetved Councd Lady Henley
would not mtnd smaller than 20,000 square foot lots, provtded the lot abutted open space Counctl Lady
Henley asked if there had been any modehng of the transportatton system reqmred tn order to accommodate
this level of development (1 umtper acre) Council Lady Henley was advtsed approxtmately 3, 600 acres tn
the Transttton Area are developable She beheves thts figure ss low At 10 trips per day, thts equates to
36,000 vehtcles per day How can thts many cars travel tn thts area, and the roads not be upgraded?
Counctl Lady Henley referenced the correspondence of February 19, 2002, from E Dean Block to Robert
Scott outhned the transportation network requtred tn the Transttton Area gtven the concept o fl restdenttal
untt per acre West Neck Road from In&an Rtver Road to Ntmmo Parkway was suggested as a four-lane
undtvtded htghway, as well as West Neck Parkway from North Landtng to In&an Rtver, thru Courthouse
Estates, and the 150-foot major artertal from North Landing to Dam Neck Road Mr Block also referenced
tn hts correspondence, cash proffers were not betng suggested by the apphcants to address these
transportatton needs There are other full servtce needs, bestdes the transportatton tssue Counctl Lady
Henley questtoned the whole concept of the Green Lme and thts area betng able to handle thts level of
development without addtttonal servtces Approxtmately 900 untts have already been approved wtth the golf
course commumty on West Neck Road Counctl Lady Henley advtsed thts apphcatton has major problems
wtth being non tidal wetlands If the lots were to be one acre, the approprtate number of lots was determined
to be 20-25
Mr Block assumed the plan would preserve a 150-foot buffer After revtewtng the agenda, he noted only
a 50-foot buffer was provided by the applicant Mr Block beheves the City Council should be advtsed so
they would not be surprtsed when, at some potnt, all of thts buffer wtll be utthzed for road rtght-of-way
Counctl Lady Eure referenced the arttcle tn Ctty/County magaztne relattve rural roads It has been a shame
that rural roads had the htghest number of fatahttes Apparently there ss not enough federal money betng
targeted to those roads
ITEM # 49592
.13
Apphcatton of DOMINION CHRISTIAN CENTER for a
Condtttonal Use Permtt re a church on the north stde of
Lynnhaven Parkway, east of Round Htll Road (2159
Lynnhaven Parkway, contatnmg 1 68 acres
(CENTER VILLE- DISTRICT 1)
Counctl Lady Eure advtsed a sign tn&cattng the Condtttonal Use Permtt was not posted on the property
Counctl Lady Eure wtshed thts apphcatton deferred until the City Council Session of May 28, 2002, to
allow the stgn to be posted Counctl Lady Eure requested Plannmg nottfy the apphcant Reverend
Shuttlesworth had tnformed Planntng the stgn had been posted, but removed Stephen Whtte, Planntng,
advtsed he spoke wtth the Reverend this morntng and he ts aware of the problem
May 14, 2002
-Il-
AGENDA RE VIEW SESSION
ITEM # 49593
,14.
Apphcattons of 2 700 INTERNA TIONAL PARKWAY
CORPORATION, a Vtrgtnta corporatton at
Lynnhaven Parkway and Magtc Hollow Boulevard'
(PRINCESS ANNE - DISTRICT 7)
Change of Zontng Dtstrtct Classtficatton from R- 7. 5
Residential to Conditional B-2 Community
Business, contatntng 9 46 acres
b Con&ttonal Use Perrntt re a self-storage facility (mtnt-
warehouses)
Counctl Lady McClanan &strtbuted photographs of the apphcatton, whtch ts actually beauttfully planned
Counctl Lady McClanan ts concerned the Ctty ts planmng on clostng all the me&ans along the Lynnhaven
Parkway section Council Lady McClanan advtsed Council Lady Eure the storage ts tn the back and the
shopptng center ts located tn the front
.15
ITEM # 49594
Apphcatton of MCCOMBS BROS. MOVING AND
STORAGE, INC., a Vtrgtnta corporatton, fora Change q£
Zontng Dtstrtct Classt_l~catton from AG-1 and AG-2
Agricultural to Conditional 1-2 Heavy Industrial at
Harper's Road and Dam Neck Road, contatmng 6 41
acres
(BEA CH- DISTRICT 6)
The Ctty Attorney &strtbuted an Errata Sheet correcttng Items .15 and .16 The McCombs Proffer
Agreement was placed under the Item 6 Ltnda Chappel apphcatton tn Ctty Counctl 's agenda The Ctty
Attorney &strtbuted the correct proffer agreement for Ltnda Chappel, whtch was not tncluded
A revised stte plan has been submttted Mr Scott advtsed the vehtcles tnvolved might be larger, but there
are fewer tnvolved
Councdman Branch beheved these types of facthttes were one of the least traffic generators
Councdman Man&go advtsed Items 4 and 5 were revtewed by the Navy 's AICUZ Manager at Oceana and
are compattble uses
ITEM # 49595
.16
Apphcatton of LINDA T. CHAPPELL for a Change of
Zontng Dtstrtct Classt_ficatton from AG-1 and AG-2
Agricultural to Conditional I-1 Light Industrial at Dam
Neck Road and London Brtdge Road, contatntng 25 711
acres
(BEA CH- DISTRICT 6)
Counctlman Harrtson wtll ABSTAIN as hts firm has an tnterest tn thts property
Relattve the "t-square" on Dam Neck Road depicted on the plan, Mr Scott advtsed Counctl Lady Parker
tt depends upon the plans of the prtvate sector as the land ts developed along Dam Neck Road, but thts ts
an m&catton where the Ctty wouldprefer the future tntersecttons to be located There ts room for flextbthty
May 14, 2002
- 12-
AGENDA RE VIEW SESSION
ITEM # 49596
J 7 Apphcattons of the Ctty of Vtrgtnta Beach to AMEND the
Ctty Zontng Ordtnance (CZO)
3~ 203 vehicular parking requtrements tn the B-3A
Pembroke Central Business Core District, provtstons
pertatntng to the requtred dtmenstons of parktng spaces
and the use of compact car spaces tn parktng garages and
structures tn all zontng dtstrtcts
3~ 111 and 901 re the definttton of andcertatn
requtrements pertatntng to outdoorplazas and cafes tn the
B-3A Pembroke Central Business Core District
3~ 902 to allow reduced setbacks from streets for butldtngs
and structures tn the B-3A Pembroke Central Business
Core District
Council Lady Parker wtll vote NAY on 7 b and 7 c
Counctl Lady McClanan wtll vote NAY on 7 a/b/c
Vtce Mayor Sessoms, Counctl Members Harrtson and Jones wtll ABSTAIN
ITEM # 4959 7
B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA:
J2
J3
J4
15
Apphcatton of KATHRYN B. BATEMAN for a
Conchttonal Use Permtt re a recreational facility of an
outdoor nature re chtldren learntng about horses, pontes
and farm hfe at the east stde of Prtncess Anne Road,
north of Vaughan Road (1324 Prtncess Anne Road),
contatntng 3 acres
(PRINCESS ANNE - DISTRICT 7)
Apphcatton of DOMINION CHRISTIAN CENTER for a
Conchttonal Use Permtt re a church on the north stde of
Lynnhaven Parkway, east of Round Hill Road (2159
Lynnhaven Parkway, contatnmg 1 68 acres
(CENTER VILLE- DISTRICT 1)
Apphcattons of 2 700 INTERNATIONAL PARKWAY
CORPORATION, a Vtrgtnta corporatton at Lynnhaven
Parkway and Magtc Hollow Boulevard
(PRINCESS ANNE- DISTRICT 7)
Change of Zontng Dtstrtct Classtficatton frorn R-7.5
Residential to Conditional B-2 Community
Business, contatntng 9 46 acres
Conchttonal Use Permtt re a self-storage facility (mtnt-
warehouses)
Apphcatton of MCCOMBS BROS. MOVING AND
STORAGE, INC., a Vtrgtnta corporation, fora Change of
Zoning Dtstrtct Classt_ficatton from AG-1 and AG-2
Agricultural to Conditional 1-2 Heavy Industrial at
Harper's Road and Dam Neck Road, contatmng 6 41
acres
cIe - t>isrmcr
May 14, 2002
- 13-
AGENDA RE VIEW SESSION
ITEM # 4959 7 (Continued)
J6
J7
Apphcatton of LINDA T. CHAPPELL for a Change of
Zomng District Classtficatton from AG-1 and AG-2
Agricultural to Conditional I-1 Light Industrial at Dam
Neck Road and London Brtdge Road, contatmng 25 711
acres
(BEA CH- DISTRICT 6)
Apphcattons of the Ctty of Vtrgtnta Beach to AMEND the
Ctty Zomng Ordinance (CZO)
3~ 203 vehicular parking requirements tn the B-3A
Pembroke Central Business Core District, provtstons
pertatmng to the required dtmenstons of parking spaces
and the use of compact car spaces tn parktng garages and
structures tn all zomng dtstrtcts
3~3~ 111 and 901 re the definttton ofandcertatn
requtrements pertatmng to outdoorplazas and cafes tn the
B-3A Pembroke Central Business Core District
3~ 902 to allow reduced setbacks from streets for butldtngs
and structures tn the B-3A Pembroke Central Business
Core District
Item J 3 wtll be DEFERRED, BY CONSENT, until the Ctty Counctl Sesston of May 28, 2002
Counctlman Harrtson wtll ABSTAIN on Item 6, as hts firm has an tnterest tn thts property
Vtce Mayor Sessoms, Counctl Members Harrtson and Jones will ABSTAIN on Item 7a/b/c
Counctl Lady Parker wtll vote NAY on Item 7a/c
Councd Lady McClanan wtll vote NAY on Items 7 a/b/c
May 14, 2002
- 14-
CITY COUNCIL COMMENTS
5:20 P.M.
ITEM # 49598
Counctl Lady Eure referenced a concern of Mr Barley wtth the Ftrefighters relattve the analog radios He
stated $8-MILLION was contatned wtthtn last year's budget, none of whtch has been expended The Cay
staff advtsed 100 new analog radios were ordered to replace the units not working and at this time, only
seventy (70) have been received. Thirty (30) radios are on back order.
ITEM # 49599
Counctlman Harrtson referenced a newspaper arttcle concermng the State granting their employees a
Holiday on July Fifth Counctlman Harrtson recogmzed the State employees were not recetvtng the same
compensatton tncreases as Ctty employees Counctlman Harrtson requested the Ctty Manager revtew the
cost tmphcattons to determtne tf the Ctty employees could also be granted a Holiday.
The Ctty Manager advtsed he requested Fagan Stackhouse, Dtrector- Human Resources, to survey the
other ctttes relattve thts proposedHoliday The City Manager wtll provtde tnformatton to Ctty Counctl
ITEM # 49600
Counctlman Harrtson referenced that wtth the wtde Beach, there ts addtttonal trash betng accumulated
along the seawall The trash cans have been moved out to the mtddle of the Beach Counctlman Harrtson
beheved the only solution would be another set of trash cans near the seawall
ITEM # 49601
Counctl Lady Henley referenced a proposed Ordmance from the Sentor Houstng Commtttee to be scheduled
for the Ctty Counctl Sesston of May 28, 2002, requesttng the Planntng Commtsston revtew and forward thetr
recommendattons to Ctty Council This Or&nance would be relattve clartfytng a definition for residential
care for seniors of three (3) individuals or less and the flex suites revalidation every two years rather than
one These were suggesttons of Karen Lasley, Zontng Admtntstrator A report encompasstng pohcy
concerns ss scheduled for June
ITEM # 49602
Counctl Lady McClanan referenced the prohferatton of "litter" boxes contatntng adverttstng at the
Oceanfront The Ctty Attorney advised adverttstng tn the form of sohcttatton of time shares as they walk
along ss not permttted Informatton contatned tn the "news boxes" deals wtth commerctal and non-
commerctal Ftrst Amendment matertal and can be regulated as to time, place and manner Ordtnances
have been drafted, but not acted upon The thtrd type of acttvtty tnvolves the small "houses" or "booths"
that are bemg constructed for the sohcttatton of trine shares from fixed locattons
Council Lady McClanan ts concerned about all three types of acttvtttes
Mayor Oberndorf, Vtce Mayor Sessoms, the Ctty Manager and Ctty Attorney meet twtce with the
representatives of Landmark Communtcattons relattve houstng of the newspapers Thetr Corporate Attorney
advtsed Landmark &d not encourage or embrace anythtng that mtght any way tnfrtnge on thetr abtltty to
be protected by the Ftrst Amendment Mayor Oberndorf advtsed concerns were first expressed by the
restdents of the North end requesttng the "boxes" be more subdued and not as prohfic
Counctl Lady Eure concurred and advised she was stunned at the number of unstghtly pastel colored boxes
contatntng adverttstng (6 and 7 tn a row) on Atlanttc Avenue and the stde streets Counctl Lady Parker
suggested this tssue be revtewed Counctl Lady Parker beheves the newspapers had agreed to coordtnate
with the Ctty Staff tn thts process and discussed hmttatton of set back Council Lady Parker advised
"boxes" are chained to the poles, but this ss very unattracttve The whole process ts agatn out of hand
The Ctty Attorney advtsed the Ctty cannot prohtbtt chstrtbutton of the hterature, but can regulate the
locatton Counctlman Branch tnqutred who checked on the boxes contatntng the hterature to make sure
they are tn good repatr
The Ctty Manager concurred and advtsed a Jotnt Commtttee ss studytng thts tssue Fredericksburg has a
successful program
May 14, 2002
- 15-
CITY COUNCIL COMMENTS
ITEM # 49603
Mayor Oberndorf tnqutred if there ts anythtng tn the Operattng Budget relattve Combined Local and State
Vehicle Registrations
The Ctty Manager advtsed Public Comment re Local and State Combined Vehicle Registration will be
scheduled for the City Council Session of May 28, 2002, wtth a posstble dectston tn June re dtrecttng the
Ctty Manager and Constttuttonal Officers to tmplement the recommendatton The costs for collectton wtll
be conttnued durtng thts Fiscal Year as tf there would be no change The DMV has tndtcated thetr cost to
collect would be sltghtly less than $100per tndtvtdual
Catheryn l/Vhttesell advtsed the Local and State Combined Vehicle Registration would be reflected tn the
FY 2004 Operattng Budget
May 14, 2002
-16-
ITEM # 49604
Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Council Conference Room, City Hall Butldtng, on Tuesday, May 14, 2002, at 5 35
PM
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Absent
None
May 14, 2002
-17-
ITEM # 49605
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, consideration or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, &sctpltnmg, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Commumty Servtces Board
Eastern Vtrgtnta Me&cal School
Vtrgtnta Beach Health Servtces Adwsory Board
Youth Servtces Coor&nattng Counctl
Upon motton by Counctl Lady Parker, seconded by Counctlman Harrtson, Cay Counctl voted to proceed
tnto CLOSED SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(Time of Closed Session: 5:38 - 5:55 P.M.)
May 14, 2002
-18-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 14, 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 Building, on Tuesday, May 14, 2002, at 6 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Absent
None
INVOCATION
Reverend Mark A Tyree
Key Stone Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED the only matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, esther tndtvtdually or tn hts capactty as
an officer of Wachovta Bank whtch recently merged wtth Ftrst Umon Nattonal Bank ts' (I 6 a/b/c Town
Center and,/7a/b/c B-3 Pembroke Central Bustness Dtstrtct as well as all ttems encompassed tn the Budget
and CIP related to the Town Center) The Vtce Mayor regularly makes thts Disclosure as he may not know
of the Bank's tnterest tn any apphcatton that may come before City Counctl Vtce Mayor Sessoms' letter
February 5, 2002, ts hereby made a part of the record
May 14, 2002
Item V-E.
-19-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49606
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motion
convemng the Closed Sesston were heard, &scussed or constdered by
Vtrgtnta Beach City Counctl
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~nla Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 49605, page 17, 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 V~rglnla law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrglma 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 pubhc business matters as were
ldentffied ~n the motion convening th~s Closed Session were heard, discussed or considered by
Virginia Beach City Councd.
J?aSth Hodges ~mith, MMC
City Clerk
May 14, 2002
Item V-F. 1.
- 20-
MINUTES
ITEM # 49607
Upon motton by Vtce Mayor Sessoms, seconded ed by Counctlman Man&go, Ctty Counctl APPROVED
the Mtnutes of the SPECIAL JOINT FORMAL SESSION AND CLOSED SESSIONS - Development
Authority of April 16, 2002; SPECIAL FORMAL SESSION~UBLIC HEARING - FY2002-03
Budget/CIP of April 18, 2002; and the INFORbIAL AND FORMAL SESSIONS of April 23, 2002.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctl Lady Wtlson ABSTAINED on theportton of the Mtnutes of dprtl 16, 2002, (portton re 3?' StreeO
she dtd not attemd/ Council Lady Wtlson DISCLOSED her husband ts a prtnctpal tn the accounttngfirm
of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and
Company has provtded accounttng and tax servtces related to 31~' Street and the Beach Quarters Inn The
Ctty Attorney has advtsed that she ts requtred to dtsclose any personal tnterest as tt meets the crtterta of a
personal interest tn the transaction under the Confltct of Interests Act and ts dtsquahfied from parttctpattng
tn thts transactton Counctl Lady Wtlson's letter of Aprtl 9, 2002, ts hereby made a part of the record
May 14, 2002
Item V-G.I.
-21 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49608
AGENDA FOR THE FORMAL SESSION
ADD TO AGENDA
Resolutton to authorize Pohce Agreement (Mutual Atd) wtth York
County re World Church of the Creator vtstt May 3-6, 2002
May 14, 2002
Item V-G.2.
- 22 -
PRESENTATION
ITEM # 49609
Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance to earn the Ctttzenshtp tn Commumty
Mertt Badge
BOYSCOUT TROOP 407
Sponsored by: Bow Creek Presbyterian Church
May 14, 2002
Item V-H. 1.
- 23 -
PUBLIC HEARING
ITEM # 49610
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY: Salem Road and Lynnhaven Parkway
The followmg regtstered tn SUPPORT, but WAIVED thetr rtght to speak
Jean Mumm, representtng LeClatr Ryan, 9999 Waterstde Drtve, Sutte 515, Norfolk, Phone 624-1454
Stephen R Romtne, 999 Waterstde Drtve, Norfolk, Phone 441-8921
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 14, 2002
Item V-H.2.
- 24 -
PUBLIC HEARING
ITEM # 49611
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY for EXCHANGE: Ulysses T. and Yvonne S. Brown
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 14, 2002
Item V-H. 3.
- 25 -
PUBLIC HEARING
ITEM # 49612
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY for DEVELOPMENT: Sentara Way and A Avenue
Mtchael J Barrett, apphcant, 21 O1 Parks Avenue, Phone 422-1568, regtstered tn SUPPOR T, but WAIVED
the right to speak
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 14, 2002
Item V-H. 4.
- 26-
PUBLIC HEARING
ITEM # 49613
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ESTABLISH SPECIAL SER VICE DISTRICT and REAL ESTATE TAX RATE - TO WN CENTER
The followtng regtstered tn OPPOSITION
Barbara Messner, 1413 Kara Court 23454, Phone 422-1902
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
May 14, 2002
Item L
ORDINANCES/RES OL UTION
ITEM it 49614
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl APPROVED IN ONE
MOTION, Ordtnances 3, 4, 5, 6, 8, 9, l Oa-t, 11 a/b/c, 12, 13 a/b/c and Resolutton 1 of the CONSENT
AGENDA.
Item 13 a was DEFERRED INDEFINITEL Y, B Y CONSENT.
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye'
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
I~tlham D Sessoms, Jr and Rosemary Vgtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
Counctl Lady McClanan voted a VERBAL NAY on Item 13
Vtce Mayor Sessoms, Counctlman Harrison and Jones wtll ABSTAIN on Item 1 6
Counctlman Jones ABSTAINED on Item I 10(0 6-149 Prtncess Anne Sewer Force Matn IV, as t t comes near
the end of property owned by btm
May 14, 2002
Item I. l a-L/2a-c
ORDINANCES/RES OL UTION
The followtng regtstered to speak
- 28-
ITEM # 49614
Barbara Messner, 1413 Kara Court 23454, Phone 422-1902, represented Friends of 31s Street
Retd Greenmun, Dtrector- Vtrgtnta Beach Counctl of Ctvtc Orgamzattons, and Chatrman - Regtonal Transportation and Business Development Commtttee, 2621 Sandptper Road 23456,
Phone 615-4533 requested fundtng be tncluded for three (3) new ctty sponsored full ttme postttons to
provtde adequate Paratranstt servtces
Henry Ryto, 864 Old Vtrgtma Beach Road, 23451, Phone 428-2 763, requesttng deletton of fundtng to
the Hampton Roads Economtc Development Authortty and add funding to Economic Development
John D Moss, represented the Vtrgtnta Beach Tax Payers'Alhance, 4109 Rtchardson Road 23455,
Phone 363-7745, regtstered tn opposttton to real property tax tncrease and tn support of a reduced real
estate tax rate to $1 15
Ben Krause, represented the Vtrgtnta Beach Tax Payers' Alhance 1436 Five Htll Tratl, 23452,
Phone, 486-3 721, registered tn opposttton to real property tax increase and tn support of a reduced
real estate tax rate of $1 15
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADOPTED the FY
2002-2003 Resource Management Plan, in one motion:
Ordtnance for the Appropriations for the fiscal year begtnnmg July 1,
2002, endtng June 30, 2003, tn the sum of One Btllton, Two Hundred Thtrt. y
Mtlhon, Etght Hundred Etghteen Thousand, Ftve Hundred Seventy-Etght
Dollars ($1,230,818,578) for operations and Four Hundred Thtrty-One
Mtlhon, Stx Hundred &xty-Three Thousand, One Hundred Ftfty-Seven
Dollars ($431,663,15 7) tn interfund transfers and regulattng the payments
from the ctty treasury, as amended
Ordtnance to estabhsh the tax levy on real estate for fiscal year 2003
Or&nance to estabhsh the tax levy on personal property, machinery and
tools for the calendar year 2003
Orchnance to AUTHORIZE the Ctty Manager to submtt an Annual
Funding Plan to the U S Department of Housing and Urban Development
(HUD)
Orchnance AS REVISED, to AMEND the Ctty Code re exemption or
deferral of real estate taxes for the elderly or disabled persons by
tncreasmg tncome and net worth hmtts
Or&nance to AMEND 393g 2-104 and 2-109 of the Ctty Code by correcttng
typographical errors and deleting the provtstons relating to merit leave
Ordtnance to AMEND 3~ 2-83 of the Ctty Code pertatntng to holidays
Ordinance to AMEND the City Code re permff and inspection fees'
requtred under the Statewtde Ftre Prevention Code
Ordtnance to AMEND the Ctty Code re imposition of fees, as court costs,
for processtng persons admttted tojatl and tncreased courthouse security
AND,
May 14, 2002
Item I. l a-i./2a-c
ORDINANCES/RES OL UTION
- 29 -
ITEM # 49614 (Continued)
FY2003-2008 Capital Improvement Program (CIP):
Or&nance to APPROPRIATE Three Hundred Ten Mtlhon, Three Hundred
Thtrty- Two Thousand, Five Hundred Seventy-Etght Dollars ($31 O, 332,5 78)
from vartous sources for the FY2003 Capttal Budget
Ordinance to Authorize issuance of General Obhgatton Bonds tn the
maxtmum amount of Ftfty-Nme Mtlhon, Three Hundred Thousand Dollars'
($59, 300, 000) for vartous pubhc facthttes and general tmprovements
Or&nance to Authorize issuance of water and sewer revenue bonds tn the
maximum amount of &x Mdhon, Nine Hundred Thirty Thousand Dollars'
($6,930,000)
Vottng 10-1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
dr and Rosemary Wtlson
Council Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
Counctl Lady Wtlson ABSTAINED on all ttems contatned therein related to the 31s' Street ProJect
Vtce Mayor Sessoms, Counctl Members Jones and Harrtson ABSTAINED on all ttems related to Town
Center (CIP It 9-016 and 9-035)
Counctl Lady Henley ABSTAINED on Lasktn Road CIP 2-I56, as she has an tnterest tn the property
May 14, 2002
City of Virginia Beach, Virginia
FY 2002-03 Resource Management Plan
Summary of City Council Reconciliation Workshop Amendments
FY 2002-03 Operating Budget
Estimated Revenue
Proposed FY 2002-03 Operating Budget
Eliminate increase tn personal property tax on boats
Reduce reimbursement from State Aid Law Enforcement (HB599 funds)
Reduce state revenue from Compensation Board to Constitutional Officers
Adopted FY 2002-03 Operating Budget
Appropriations
Proposed FY 2002-03 Operating Budget
Reduce Funding for Treasurer, Commissioner, and Commonwealth's Attorney
Reduce VRS Life Insurance appropriabon
Reserve for Contingencies Reduce HRT Reserve
Establish reserve for potential adjustments to Board & Commission compensation
Increase funding for Police overtime
Provide funds for the Rock and Roll 1/2 Marathon
Increase exemptions for the Tax Relief for the Elderly Program
Restore funding to Building Maintenance
Restore funding to Vehicle Maintenance
Provide an additional 25¢ per capita for the Community Organization Grants
Increase Arts Center grant
Reduce transfer to Buildings General Revenue Capital Projects Fund *
Adopted FY 2002-03 Operating Budget
Amount
$1,231,721,539
(189,750)
(488,000)
(225,211)
$1,230,818,578
$1,231,721,539
(112,605)
(1,200,000)
(119,297)
46,000
100,000
272,000
315,514
71,500
100,000
107,750
4,177
(488,000)
$1,230,818,578
Note:
* This reduction is reflected in CIP project 3-173 Emergency Communications/Emergency Operations Centers
$250,000 was replaced with Charter Bonds and the remaining $238,000 was moved to Year 2 of the CIP.
rTM
AN ORDINANCE MAKING APPROPRIATIONS FOR
THE FISCAL YEAR BEGINNING JULY 1, 2002
AND ENDING JUNE 30, 2003 IN THE SUM OF
$1,230,818,578 FOR OPERATIONS AND
$431,663,157 IN INTERFUND TRANSFERS AND
REGULATING THE PAYMENT OF MONEY OUT OF
THE CITY TREASURY, AS AMENDED
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WHEREAS, the City Manager has heretofore submitted an Annual
Budget for the City for the fiscal year beginning July 1, 2002, and
ending June 30, 2003, and it is necessary to appropriate sufficient
funds to cover said budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the amounts named aggregating one billion,
six hundred sixty two million, four hundred eighty one thousand,
seven hundred thirty five dollars ($1,662,481,735) consisting of
four hundred thirty one million, six hundred sixty three thousand,
one hundred fifty seven dollars ($431,151,157) in interfund
transfers and one billion, two hundred thirty million, eight
hundred eighteen thousand, five hundred seventy eight dollars
($1,230,818,578) for operations or so much thereof as may be
necessary as set forth in the Annual Budget for the fiscal year
2003, are hereby appropriated subject to the conditions hereinafter
set forth for the use of the several departments and specially
designated funds of the city government, and for the purposes
hereinafter mentioned, as set forth in said Annual Budget, which is
hereby incorporated by reference, for the fiscal year beginning
July 1, 2002, and ending June 30, 2003, a summary of which is
attached to this ordinance as "Attachment A - Appropriations."
Section 2. That in accordance with Section 5.04 of the City
Charter, Estimated Revenue in support of Appropriations is set
forth in said Annual Budget (previously incorporated by reference),
with a summary of Estimated Revenue in Support of Appropriations
attached to this ordinance as "Attachment B - Revenues."
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Section 3. With the exception of the School Operating Fund,
and the Sheriff's Special Revenue Fund, the total of full-time
permanent positions shall be the maximum of positions authorized
for the various departments of the City during the fiscal year,
except for changes or additions authorized by the Council or as
hereinafter provided. The City Manager may from time to time
increase or decrease the number of part-time positions provided the
aggregate amount expended for such services shall not exceed the
respective appropriations made therefor. The City Manager is
further authorized to make such rearrangements of posit~ons within
and between the departments as may best meet the needs and
interests of the City.
Section 4. To improve the effectiveness and efficiencies of
the government in service delivery, the City Council hereby
authorizes the City Manager or his designee to transfer
appropriated funds and existing positions throughout the fiscal
year as may be necessary to implement organizational adjustments
that have been authorized by the City Council. Unless otherwise
directed by the City Council, such organizational adjustments shall
be implemented on such date or dates as the City Manager
determines, in his discretion, to be necessary to guarantee a
smooth and orderly transition of existing organizational functions.
The City Manager shall make a report each year to the City Council
identifying the status and progress of any such organizational
adjustments.
Section 5. Ail current and delinquent collections of local
taxes shall be credited to the General Fund and, where appropriate,
to any special service district special revenue fund or any tax
increment financing funds created by Cmty Council. Transfers shall
be made from the General Fund to the respectmve designated funds to
which a special levy is made in the amount of collection for each
specially designated fund.
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Section 6. Ail balances of the appropriations payable out of
each fund of the City Treasury at the close of business for the
fiscal year ending on the thirtieth day of June, 2003, unless
otherwise provided for, are hereby declared to be lapsed into the
fund balance of the respective funds, except the School Operating
Fund which shall lapse into the General Fund Balance, and may be
used for the payment of the appropriations that may be made in the
appropriation ordinance for the fiscal year beginning July 1, 2003.
However, there shall be retained in the General Fund Balance an
amount not less than the range of seventy-five (75) to one hundred
(100) percent of the budget for city and school debt service
payments for that fiscal year for contingency and emergency
situations, not to be used to support appropriations approved in
the ordinance for the fiscal year beginning July 1, 2003, except
upon subsequent authorization by City Council.
Section 7. That the City's debt management policies for the
Water and Sewer Enterprise Fund shall serve as a basis for
developing financial strategies for the water and sanitary sewer
system based on the following guidelines: (a) for the Water and
Sewer Fund, the goal of retaining working capital equal to 80% to
100% of one year's operating expense shall be pursued; (b) for the
Water and Sewer Fund, the goal shall be for debt service coverage
on its water and sewer revenue bonds at not less than 1.50 times
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and, on a combined basis, including water and sewer general
obligation bonds, at no less than 1.20 times; and (c) for the Water
and Sewer Fund, contributions from non-borrowed funds, on a five-
year rolling average basis, will be sought for approximately 25% of
the annual capital program for the water and sewer system.
Section 8. Ail balances of appropriations in each fund which
support authorized obligations or are encumbered at the close of
business for the fiscal year ending on the thirtieth day of June,
2003, are hereby declared to be reappropriated into the fiscal year
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beginning July 1, 2003, and estimated revenues adjusted
accordingly.
Section 9. No department or agency for which appropriations
are made under the provisions of this Ordinance shall exceed the
amount of the appropriations except with the consent and approval
of the City Council first being obtained. It is expressly provided
that the restrictions with respect to the expenditure of the funds
appropriated shall apply only to the totals for each Appropriation
Unit included in this ordinance and does not apply to Interfund
Transfers.
Section 10. The City Manager or the Director of Management
Services is hereby authorized to approve transfers of
appropriations in an amount up to $100,000 between any
Appropriation Units included in this ordinance. The City Manager
shall make a monthly report to the City Council of all transfers
between $25,000 and $100,000. In addition, the City Manager may
transfer, in amounts necessary, appropriations from all Reserves
for Contingencies except Reserve for Contingencies - Regular,
within the intent of the Reserve as approved by City Council.
Section 11. Funds in the amount of $400,000 are hereby
appropriated from the General Fund Balance for the purpose of
making a loan or loans to the City of Vlrgmnla Beach Development
Authority ("Development Authority"). The City Manager is hereby
authorized to transfer these funds to the Development Authority for
this purpose provided that the aggregate amount of all such
transfers does not exceed $400,000. Such transfer(s) shall be based
upon a speczfic request by the Development Authority and upon the
Director of Management Services' verification that the funds are
necessary for the Development Authority to maznta~n an adequate
cash flow. Any such transfer(s) shall be made upon terms and
conditions to be determined by the City Manager, and shall be
repaid by the Development Authority in an expeditious manner
through the sale of land. The City Manager shall make a report to
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City Council identifying the status of Development Authority
finances and any transfers made under this section.
Section 12. The City Manager or the Director of Management
Services is hereby authorized to establish and administer budgeting
within Appropriation Units consistent with best management
practices, reporting requirements, and the programs and services
adopted by the City Council.
Section 13 The City Manager or the Director of Management
Services is hereby authorized to change the Estimated Revenues
included in th~s ordinance to reflect expected collections. If the
Estimated Revenue in support of an Operating Appropriation Unit
declines, the City Manager or the Director of Management Services
is hereby authorized to reduce, subject to any other provision of
law, those appropriations to equal the decline in Estimated
Revenue. The City Manager must give prior notice to the City
Council of any reduction to total appropriations exceeding
$100,000. The notice to C~ty Council shall identify the basis and
amount of the appropriation reduction and the Appropriation Units
affected. The accounting records of the City will be maintained in
a manner that the total of Estimated Revenue is equal to the total
of the Appropriation Units for each of the City's funds. The City
Manager or the Director of Management Services is hereby authorized
to transfer any excess appropriations to the Reserve for
Contingencies after all anticipated expenditures for which those
funds were appropriated have been incurred. Nothing in this
section shall be construed as authorizing any reductzon to be made
in the amount appropriated in th~s ordinance for the payment of
interest or principal on the bonded debt of the City Government.
Section 14. Allowances out of any of the appropriations made
in this ordinance by any or all of the City departments, bureaus,
or agencies, to any of their officers and employees for expenses on
account of the use by such officers and employees of their personal
automobiles in the discharge of their official duties shall not
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exceed thirty-two and one half cents ($.325) per mile of actual
travel for the first 15,000 miles and fifteen ($.15) per mile for
additional miles of such use within the fiscal year.
Section 15. Ail travel expense accounts shall be submitted on
forms approved by the Director of Finance and according to
regulations approved by the City Council. Each account shall show
the dates expenses were incurred or paid; number of miles traveled;
method of travel; hotel expenses; meals; and incidental expenses.
The Director of Finance is specifically directed to withhold the
issuance of checks in the event expense accounts are submitted for
"lump-sum" amounts .
Section 16. Violation of this ordinance may result in
disciplinary action by the City Manager against the person or
persons responsible for the management of the Approprmation Unit in
which the violation occurred.
Section 17. This ordinance shall be effective on July 1,
2002.
Section 18. If any part of this ordinance is for any reason
declared to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining parts of this ordinance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this the 14th day of May, 2002.
Requires an affirmative vote by a majority of the members of
Cl ty Council.
CA-8482
Sam/Budget / FY2003budgetord. wpd
R-2
May 9, 2002
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APPROVED AS TO CONTENT-
Management Services
APPROVED AS TO LEGAL SUFFIC~IENCY'
L~w Department
O02
General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
C,ty Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Development
Director of Finance
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
General Services
Health
Housing and Neighborhood Preservation
Human Resources
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations D~stnct Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Social Services
Transfer to Other Funds
Wetlands Board of Virginia Beach
Zoning Board of Appeals
Fund 002 Appropriation Totals
099
Reserve for Contingencies
Transfer to Other Funds
School Instructional Technolo_cly Special Revenue Fund
Fund 099 Appropriation Totals
FY 2002-03
Budget
924,331
704,911
244,819
22,165
950,742
2,998,476
491,333
2,039,111
2,309,037
4,716,580
762,594
3,781,933
4,587,283
2,370,723
618,750
5,744,332
4,167,735
1,682,785
2,739,461
1,319,299
29,351 498
248 0O4
981,985
25,443 781
2,717 911
1,545 950
3,660 889
111 321
3,239 614
151 611
12,592,625
158,385
1,343,286
1,523,598
474,479
742,342
8,241,195
61,409,441
57,191,914
1,213,900
10,357,567
2,929,031
29,467,006
392,446,731
13,925
45,122
690,779,511
1,478,572
2,319,000
3,797,572
Educat,on - Athlet,c
109 School Vending Operations Fund
Fund 109 Appropr,abon Totals
Instructional Technology
112 School Communication Tower Technology Fund
Fund 112 Appropnabon Totals
114 School Cafeteria Fund
Educahon - Cafeteria
Fund 114 Appropr~abon Totals
115 School Operating Fund
Adm,mstrabon, Attendance, and Health
Instruct,on
Operabons and Ma,ntenance
Pupd Transportat,on
Fund 115 Appropr~ahon Totals
116 School Grants Fund
Education - Grants
Fund 116 Appropr,abon Totals,
117 School Textbook Fund
Educabon - Textbook
Fund 117 Appropr,ahon Totals
Educabon - Athlebc
119 School Athletic Special Revenue Fund
Fund 119 Appropr~ahon Totals
Pohce (Un,form Patrol Grant)
Reserve for Conbngenc~es
120 Federal Police Department Grant Fund
Fund 120 Appropr,at,on Totals
130 Law Library Fund
L,brary (Law L,brary)
Reserve for Conhngenc,es
Transfer to Other Funds
Fund 130 Appropr,abon Totals
131 Pendleton Child Service Center Fund
Soc,al Serv,ces {Pendleton Chdd Service Center)
Fund 131 Appropr,abon Totals
134 E-911 Communications Special Revenue Fund
Commumcat,ons and Informabon Technology
Reserve for Conbngenc,es
Transfer to Other Funds
Fund 134 Appropr~abon Totals
137 MH/MR/SA Special Revenue Fund
Mental Health/Mental Retardat,onlSubstance Abuse
Reserve for Conhngenc~es
Fund 137 Approprlahon Totals
FY 2002-03
Budget
1,990,000
1,990,000
590,000
590,000
22,044,189
22,044,189
19,351,963
396,622,160
66,621,814
22,982,472
505,578,409
41,078,398
41,078,398
5,876,969
5,876,969
3,251,649
3,251,649
1,482,039
31,251
1,513,290
352,334
4,460
60,000
416,794
1,313,300
1,313,300
7,038,454
97,948
752,136
7,888,538
27,937,990
60,000
27,997,990
Commonwealth's Attorney
Reserve for Conbngenc,es
Transfer to Other Funds
142 DEA Seized Property Special Revenue Fund
Fund 142 Appropriation Totals
Poi,ce (Airplane Enterprise)
146 Police Airplane Special Revenue Fund
Fund 146 Appropriation Totals
147 Federal Section 8 Proqram Special Revenue Fund
Housing and Ne,ghborhood Preservation (Section 8)
Reserve for Contingencies
Fund 147 Appropnabon Totals
148 Comprehensive Services Act Special Revenue Fund
Comprehensive Services Act
Transfer to Other Funds
Fund 148 Appropriation Totals
Reserve for Cont,ngencles
Sheriff and Correct,ons
149 Sheriff's Department Special Revenue Fund
Fund 149 Appropriation Totals
150 Inmate Services Special Revenue Fund
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
Fund 150 Appropnat,on Totals
General Serv,ces
Parks and Recreahon
Reserve for Contingencies
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Fund 151 Approprlat,on Totals
152 Tourism Growth Investment Fund
Convent,on and Visitor Development (TGIF)
General Services (TGIF)
Museums
Plann,ng and Community Development (TGIF)
Public Works (TGIF)
Transfer to Other Funds
Fund 152 Approprlahon Totals
Poi,ce
156 Police Store Special Revenue Fund
Fund 156 Appropriation Totals
157 Sandbrid.qe Special Service District Special Revenue Fund
Reserve for Contingencies
Fund 157 Appropriation Totals
158 EMS State Two-for-Life Special Revenue Fund
Emergency Medical Services
Fund 158 Appropriation Totals
FY 2002-03
Budget
40,000
50,000
200,000
290,000
586,040
586,04O
7,701,569
14,000
7,715,569
4,280,953
654,139
4,935,092
1,163,399
19,768,471
20,931,870
288,221
275,849
564,O70
2,163,576
19,884,336
773,191
1,889
22,822,992
1,094,000
368,106
50,500
301,962
243,383
9,564,192
11,622,143
20,000
20,000
1,112,453
1,112,453
167,968
167,968
F,re (FIre Programs)
Transfer to Other Funds
159 Fire Programs Special Revenue Fund
Fund 159 Approprlabon Totals
161 Aqriculture Reserve Program Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Conbngenc~es
Transfer to Other Funds
Fund 161 Appropriation Totals
163 Tourism Advertisinq Pro_qram Special Revenue Fund
Convention and Vtsltor Development (Tourism Advertising)
Reserve for Contlngenmes
Fund 163 Appropr~abon Totals
Reserve for Conhngencles
Tax Increment F~nanclng
165 Lynnhaven Mall Tax Increment Financinq Fund
Fund 165 Appropr~abon Totals
Reserve for Contingencies
166 Sandbridge Tax Increment Financin_q Fund
Fund 166 Appropr~ahon Totals
167 Arts and Humanities Commission Special Revenue Fund
Arts and Human,bes Commlss,on
Fund 167 Appropr~at,on Totals
169 Central Business District- South TIF (Town Center) Fund
Transfer to Other Funds
Fund 169 ApproprIation Totals
170 Marine Science Museum Special Revenue Fund
Museums (Vlrg~ma Marine Science Museum)
Reserve for Contingencies
Fund 170 Appropr~abon Totals
Convenbon and V~s~tor Development
171 Sportsplex Special Revenue Fund
Fund 171 Approprlabon Totals
Parks and Recreabon (Open Space)
Pubhc Works (Open Space)
Reserve for Conbngenc~es
Transfer to Other Funds
172 Open Space Special Revenue Fund
Fund 172 Appropr~abon Totals
173 Major Projects Special Revenue Fund
Publ,c Works (MaJor Projects)
Reserve for Contingencies
Transfer to Other Funds
Fund 173 Appropriation Totals
FY 2002-03
Budget
235,094
332,510
567,604
170,985
54,082
3,748,526
3,973,593
6,846,859
152,179
6,999,038
150,000
950,000
1,100,000
1,552,966
1,552,966
432,958
432,958
1,895,712
1,895,712
6,210,512
60,000
6,270,512
316,862
316,862
49,751
52,000
1,806,197
707,947
2,615,895
343,720
8,699,565
3,O86,470
12,129,755
180 Community Development Special Revenue Fund
Community Development Block Grants
HousIng and NeIghborhood Preservabon
Reserve for Conbngenc~es
Transfer to Other Funds
Fund 180 Appropr~abon Totals
181
Commumty Development Block Loan and Grants
CD Loan and Grant Fund
Fund 181 Appropr,at,on Totals
Federal HOME Grants
182
Federal Housing Assistance Grant Fund
Fund 182 Approprlat,on Totals
183
Grants Consolidated Fund
Commonwealth's Attorney - Grants
Community Corrections
Court Grants
Housing and NeIghborhood Grants
Pohce (Umform Patrol Grant)
Reserve for Contingencies
Sher,ff - Grants
Soc,al Services Grants
Fund 183 Appropr,ahon Totals
Mental Retardabon Grants
Substance Abuse Grants
185
Mental Health Grants Fund
Fund 185 Approprmbon Totals
241
Water and Sewer Fund
Debt Service
Publ,c Ut,hbes
Reserve for Conbngenc~es
Transfer to Other Funds
Fund 241 Appropr~abon Totals
Parks and Recreat,on (Golf Courses)
Reserve for Conbngenc~es
Transfer to Other Funds
243
Golf Courses Enterprise Fund
Fund 243 Appropr,abon Totals
253
Convenhon and V~s~tor Development (Parking)
Reserve for Contingencies
Transfer to Other Funds
Parking Enterprise Fund
Fund 253 Approprlabon Totals
255
Debt Service
Public Works (Storm Water Operat,ons)
Reserve for Cont,ngenc~es
Transfer to Other Funds
Storm Water Utility Enterprise Fund
Fund 255 Appropriation Totals
FY 2002-03
Budget
1,660,517
1,162,770
52,393
75,000
2,950,680
579,766
579,766
1,325,000
1,325,000
247,238
516,045
276,170
1,064,000
46,661
100,000
363,463
615,067
3,228,644
380,070
939,937
1,320,007
13,081,003
59,080,562
1,104,852
9,438,553
82,704,970
2,085,508
141,953
311,004
2,538,465
1,937,987
35,134
463,829
2,436,950
1,143,653
9,675,490
172,982
5,329,670
16,321,795
302 General Debt Fund
Debt Serv,ce
Fund 302 Appropr~ahon Totals
460 School General Revenue Capital Projects Fund
School Capital Projects
Fund 460 Appropr~abon Totals
491 Water and Sewer Operatinq Revenue Capital Projects Fund
Water and Sewer Capital Projects
Fund 491 Appropr~atmon Totals
492 Enqineerinq & Hi_qhways General Revenue Capital Projects Fund
Coastal Cap,tal Projects
Econom,c and Tour,sm Development Capital Projects
Roadways Cap,tal Projects
Fund 492 Appropr~abon Totals
493 Resort Proqram Capital Project Fund
Econom,c and Tourism Development Cap,tal ProJects
Fund 493 Appropr~ahon Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Parks and Recreabon Capital ProJects
Braiding Capital ProJects
Fund 496 Appropr,at,on Totals
497 Buildinqs General Revenue Capital Projects Fund
Fund 497 Approp~ ~ahon Totals
498 Storm Water Capital Project Fund
Storm Water Capital ProJects
Fund 498 Appropr~abon Totals
904 Mental Health Center Gift Fund
Mental Health/Mental Retardat,on/Substance Abuse
General Serv,ces
911
Parks and Recreabon (G,ft Fund)
Total Budget Appropr~abons
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
908 City Beautification Fund
Fund 904 Approprmahon Totals
Fund 908 Appropr~abon Totals
Parks and Recreation Gift Fund
Fund 911 Appropr~ahon Totals
FY 2002-03
Budget
90,300,050
90,300,050
3,319,000
3,319,000
3,750,000
3,750,0O0
1,975,000
1,953,674
9,872,924
13,801,598
100,000
100,000
2,46O,000
2,46O,OOO
8,807,938
8,807,938
3,734,310
3,734,310
22,661
22,661
10,200
10,200
30,000
30,000
1,662,481,735
431,663,157
1,230,818,578
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Perm,ts, Pr,vllege Fees, and Regulatory Licenses
F~nes and Forfeitures
From the Use of Money and Property
Charges for Serv,ces
M~scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 002 Revenue Totals
099 School Instructional Technolo_qy Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
SpecIfic Fund Reserves
Fund 099 Revenue Totals
109
Revenue from Local Sources
From the Use of Money and Property
M~scellaneous Revenue
SpecIfic Fund Reserves
School Vendin_q Operations Fund
Fund 109 Revenue Totals
112 School Communication Tower Technoloqy Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 112 Revenue Totals
114
School Cafeteria Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Fund 114 Revenue Totals
115 School Operatinq Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for ServIces
M~scellaneous Revenue
Revenue from the Commonwealth State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 115 Revenue Totals
FY 2002-03
Budget
407,058,970
188,314,082
4,316,738
4,143,097
5,796,388
4,930,247
1,089,546
53,359,320
16,721,040
5,050,083
690,779,511
1,797,572
2,000,000
3,797,572
40,000
750,000
1,200,000
1,990,000
140,000
450,000
590,000
100,000
12,885,909
100,000
360,000
8,278,280
320,000
22,044,189
485,000
1,336,664
387,000
54,039,394
202,189,824
12,371,131
234,769,396
505,578,409
116
School Grants Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 116 Revenue Totals
117
School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for ServIces
M~scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 117 Revenue Totals
119
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
SpecIfic Fund Reserves
School Athletic Special Revenue Fund
Fund 119 Revenue Totals
120
Revenue from the Federal Government
Transfers from Other Funds
Federal Police Department Grant Fund
Fund 120 Revenue Totals
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Specific Fund Reserves
Fund 130 Revenue Totals
131
Revenue from Local Sources
From the Use of Money and Property
M,scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Pendleton Child Service Center Fund
Fund 131 Revenue Totals
134
Revenue from Local Sources
Other Local Taxes
From the Use of Money and Property
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
E-911 Communications Special Revenue Fund
Fund 134 Revenue Totals
137
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
MH/MR/SA Special Revenue Fund
FY 2002-03
Budget
12,297,673
28,780,725
41,078,398
100,000
6,000
2,080,444
3,690,525
5,876,969
40,000
345,000
2,162,782
703,867
3,251,649
631,638
881,652
1,513,290
27,50O
232,OOO
157,294
416,794
16,000
225,478
545,OO0
14,616
512,206
1,313,300
5,721,039
44,775
762,333
1,360,391
7,888,538
106,553
1,619,444
15,573,045
Revenue from the Federal Government
Transfers from Other Funds
Fund 137 Revenue Totals
Spemflc Fund Reserves
142 DEA Seized Property Special Revenue Fund
Fund 142 Revenue Totals
146 Police Airplane Special Revenue Fund
Revenue from Local Sources
Charges for ServIces
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 146 Revenue Totals
147 Federal Section 8 Program Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 147 Revenue Totals
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
M~scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 148 Revenue Totals
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Servtces
M~scellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 149 Revenue Totals
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 150 Revenue Totals
151
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
MIscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
Parks and Recreation Special Revenue Fund
Fund 151 Revenue Totals
152 Tourism Growth Investment Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Fund 152 Revenue Totals
FY 2002-03
Budget
1,692,164
9,006,784
27,997,990
290,000
290,000
36,250
549,790
586,040
7,701,569
14,000
7,715,569
340,800
2,622,189
1,972,103
4,935,092
1,304,769
35,040
12,580,367
400,180
5,911,514
700,000
20,931,870
15,000
549,070
564,070
539,475
9,052,695
73,000
16,900
13,140,922
22,822,992
125,925
11,496,218
11,622,143
156 Police Store Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Fund 156 Revenue Totals
157 Sandbridqe Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
Fund 157 Revenue Totals
158 EMS State Two-for-Life Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 158 Revenue Totals
159 Fire Programs Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 159 Revenue Totals
161 Agriculture Reserve Proqram Special Revenue Fund
Transfers from Other Funds
Fund 161 Revenue Totals
163 Tourism Advertising Program Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M~scellaneous Revenue
Transfers from Other Funds
Fund 163 Revenue Totals
165 Lynnhaven Mall Tax Increment Financinq Fund
Revenue from Local Sources
General Property Taxes
Fund 165 Revenue Totals
166 Sandbridqe Tax Increment Financing Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 166 Revenue Totals
167 Arts and Humanities Commission Special Revenue Fund
Transfers from Other Funds
Fund 167 Revenue Totals
169 Central Business District- South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
Spec,f,c Fund Reserves
Fund 169 Revenue Totals
FY 2002-03
Budget
20,000
20,000
396,000
232,479
31,848
452,126
1,112,453
167,968
167,968
567,604
567,6O4
3,973,593
3,973,593
62,312
7OO
43,000
6,893,026
6,999,038
1,100,000
1,100,000
1,511,400
41,566
1,552,966
432,958
432,958
1,069,506
826,206
1,895,712
10
170 Marine Science Museum Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
M,scellaneous Revenue
Fund 170 Revenue Totals
171 Sportsplex Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Specific Fund Reserves
Fund 171 Revenue Totals
Transfers from Other Funds
172 Open Space Special Revenue Fund
Fund 172 Revenue Totals
173 Major Projects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Fund 173 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from the Federal Government
Transfers from Other Funds
Spec,ftc Fund Reserves
Fund 180 Revenue Totals
181 CD Loan and Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 181 Revenue Totals
182 Federal Housing Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 182 Revenue Totals
183 Grants Consolidated Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Non-Revenue Rece,pts
Fund 183 Revenue Totals
185 Mental Health Grants Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 185 Revenue Totals
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Recmpts
Spec,f,c Fund Reserves
Fund 241 Revenue Totals
FY 2002-03
Budget
25,000
6,066,665
178,847
6,270,512
88,000
5,000
223,862
316,862
2,615,895
2,615,895
356,635
11,773,120
12,129,755
2,682,234
199,006
69,440
2,950,680
329,766
250,000
579,766
1,300,000
25,000
1,325,000
1,644,558
1,576,586
7,50O
3,228,644
118,672
1,201,335
1,320,007
3,431,427
75,017,753
173,862
3,981,928
100,000
82,7O4,970
243 Golf Courses Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Serv,ces
Fund 243 Revenue Totals
253 Parkinq Enterprise Fund
Revenue from Local Sources
Permits, Pr~v,lege Fees, and Regulatory L~censes
F,nes and Forfe,tures
From the Use of Money and Property
Charges for Serv,ces
Transfers from Other Funds
Fund 253 Revenue Totals
255 Storm Water Utility Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Spec~f,c Fund Reserves
Fund 255 Revenue Totals
302 General Debt Fund
Transfers from Other Funds
Capital ProJect Reserves
Fund 302 Revenue Totals
460 School General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 460 Revenue Totals
491 Water and Sewer Operatinq Revenue Capital Projects Fund
Transfers from Other Funds
Fund 491 Revenue Totals
492 Engineerin~q & Hi_clhways General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 492 Revenue Totals
Transfers from Other Funds
493 Resort Proqram Capital Project Fund
Fund 493 Revenue Totals
496 Parks and Recreation General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 496 Revenue Totals
497 Buildings General Revenue Capital Projects Fund
Transfers from Other Funds
Fund 497 Revenue Totals
498 Storm Water Capital Project Fund
Transfers from Other Funds
Fund 498 Revenue Totals
FY 2002-03
Budget
224,800
2,313,665
2,538,465
22,500
344,793
24,854
1,786,000
258,803
2,436,950
178,750
11,404,695
4,446,247
60,278
231,825
16,321,795
84,916,237
5,383,813
90,300,050
3,319,000
3,319,000
3,750,000
3,750,000
13,801,598
13,801,598
100,000
100,000
2,460,O00
2,460,000
8,807,938
8,807,938
3,734,310
3,734,310
12
Revenue from Local Sources
M~scellaneous Revenue
Revenue from Local Sources
MIscellaneous Revenue
Revenue from Local Sources
MIscellaneous Revenue
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
904 Mental Health Center Gift Fund
908 City Beautification Fund
911 Parks and Recreation Gift Fund
Fund 904 Revenue Totals
Fund 908 Revenue Totals
Fund 911 Revenue Totals
FY 2002-03
Budget
22,661
22,661
10,200
10,200
30,000
3O,OO0
1,662,481,735
431,663,157
1,230,818,578
13
AN ORDINANCE ESTABLISHING THE
TAX LEVY ON REAL ESTATE FOR
FISCAL YEAR 2003
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA'
10
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23
24
25
26
27
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35
Sec. 1. Amount of Levy on Real Estate.
There shall be levied and collected for fiscal year 2003 taxes
for general purposes on all real estate, including all separate
classzfications of real estate set forth in the Code of Vzrginia,
not exempt from taxation and not otherwise provided for in this
ordinance, at the rate of one dollar twenty-two cents ($1.22) on
each one hundred dollars ($100) of assessed valuation thereof. The
real property tax rate that has been prescribed in this section
shall be applied on the basis of one hundred percentum of the fair
market value of such real property, except for public service real
property, which shall be on the basis as provided in Section 58.1-
2604 of the Code of Virginia.
Sec. 2. Amount of Levy on "Certified Pollution Control Equipment
and Facilities" Classified as Real Estate, "Certified
Storm Water Management Developments and Property,"
"Certified Solar Energy Recycling Equipment, Facilities
or Devices" Classified as Real Estate, and "Environmental
Restoration Sites," Real Estate Improved by Erosion
Controls, and Certain Wetlands and Riparian Buffers.
In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-
3661, 58.1-3664, 58.1-3665 and 58.1-3666,of the Code of Virginia,
there shall be levied and collected for general purposes for fiscal
year 2003, taxes on all real estate (a) certified by the
Commonwealth of Virginia as "Certified Pollution Control Equipment
and Facilities," (b) certified by the Department of Environmental
Quality as "Certified Storm Water Management Developments and
Property," (c) certified as provided by Code of Virginia Section
58.1-3661 as "Certified Solar Energy Equipment, Facilities or
Devices," or "Certified Recycling Equipment, Facilities or
Devices," (d) defined by Code of Virginia Section 58.1-3664 as an
36
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40
41
42
43
44
45
46
47
48
49
50
51
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57
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"Environmental Restoration Site," (e) improved to control erosion
as defined by Code of Virginia ~ 58.1-3665, or (f) wetlands and
riparian buffers as described by Code of Virginia § 58.1-3666, not
exempt from taxation, at a rate of one dollar twenty-two cents
($1.22) on each one hundred dollars of assessed valuation thereof.
The real property tax rates imposed in this section shall be
applied on the basis of one hundred percentum of fair mauket value
of such real property except for public service property, which
shall be on the basis as provided in Section 58.1-2604 of the Code
of Virginia.
Sec. 3. Amount of Levy on Real Estate W~thin the Sandbridge
Special Service District.
There shall be levied and collected for fiscal year 2003,
taxes for the special purpose of providing beach and shoreline
restoration and management at Sandbridge on all real estate within
the Sandbridge Special Service District, not exempt from taxation,
at the rate of twelve cents ($.12) per annum on each one hundred
dollars ($100) of assessed value thereof. This real estate tax
rate shall be in addition to the real estate tax rate set forth in
Section 1 of this ordinance. The real estate tax rate mmposed
herein shall be applied on the basis on one hundred percentum of
the fair market value of such real property except public service
real property, which shall be on the basis as provided in Section
58.1-2604 of the Code of Virginia.
Sec. 4. Severab~lity.
If any portion of this ordinance is for any reason declared to
be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Sec. 5. Effective date.
The effective date of this ordinance shall be July 1, 2002.
66
g?
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
68
69
Requmres an affirmatmve vote by a ma2ormty of the members of
Cm ty Council.
CA-8426
Stsiouts~work~budget ord.2002~Tax Levy R.E.
April 29, 2002
RI
APPROVED AS TO CONTENT'
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY'
City Attor~s Of~ic&
AN ORDINANCE ESTABLISHING THE TAX
LEVY ON PERSONAL PROPERTY AND
MACHINERY AND TOOLS FOR THE CALENDAR
YEAR 2003
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Sec. 1. Amount of Levy on Tangible Personal Property.
In accordance with Chapter 35 of Title 58.1 of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all tangible personal property,
including all separate classifications of personal property set
forth in the Code of Virginia, not exempt from taxation and not
otherwise provided for in this ordinance, at the rate of three
dollars and seventy cents ($3.70) on each one hundred dollars
($100) assessed valuation thereof.
In accordance with Section 58.1-3504 of the Code of Virginia
(1950), as amended, certain household goods and personal effects as
defined therein shall be exempt from taxation.
Sec. 2. Amount of Levy on Manufactured Homes.
In accordance with Section 58.1-3506 (A) (8) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all vehicles without motor
power used or designated to be used as manufactured homes as
defined by Section 36-85.3 of the Code of Virginia, at the rate of
one dollar twenty-two cents ($1.22) on each one hundred dollars
($100) of assessed valuation thereof.
Sec. 3. Amount of Levy on Ail Boats or Watercraft Weighing Five
Tons or More.
In accordance with Section 58.1-3506 (A) (1) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all boats or watercraft
weighing five (5) tons or more, except as provided for in Section
12 of this ordinance, at the rate of one dollar and fifty cents
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thereof.
Sec. 4. Amount of Levy on "Certified Pollution Control Equipment
and Facilities," and "Certified Solar Energy or Recycling
Equipment, Facilities or Devices," Classified as Tangible
Personal Property.
In accordance with Sections 58.1-3660 (A) and 58.1-3661 of
the Code of Virginia, there shall be levied and collected for
general purposes for the calendar year 2003 taxes on all tangible
personal property (a) certified by the Commonwealth of Virginia as
"Certified Pollution Control Equipment and Facilities," or (b)
certified as provided by Code of Virginia Section 58.1-3661 as
"Certified Solar Energy or Recycling Equipment, Facilities or
Devices," not exempt from taxation, at the rate of three dollars
and seventy cents ($3.70) on each one hundred dollars ($100) of
assessed valuation thereof.
Sec. 5. Amount of Levy on Machinery and Tools.
In accordance with Section 58.1-3507 of the Code of Virginia,
there shall be levied and collected for general purposes for the
calendar year 2003 taxes on machinery and tools, including
machinery and tools used directly in the harvesting of forest
products or semiconductor manufacturing, not exempt from taxation,
at the rate of one dollar ($1.00) on each one hundred dollars
($100) of assessed valuation thereof.
Sec. 6. Amount of Levy on Aircraft and Flight Simulators.
In accordance with Section 58.1-3506 (A) (2,3) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all aircraft and flight
simulators, at the rate of three dollars and seventy cents ($3.70)
on each one hundred dollars ($100) of assessed valuation thereof.
Sec. 7. Amount of Levy on Antique Motor Vehicles.
In accordance with Section 58.1-3506 (A) (4) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all antique motor vehicles as
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defined in Section 46.2-100 of the Code of Virginia, which may be
used for general transportation purposes as provided in subsection
C of Section 46.2-730 of the Code of Virginia, at the rate of three
dollars and seventy cents ($3.70) on each one hundred dollars
($100) of assessed valuation thereof.
Sec. 8. Amount of Levy on Heavy Construction Equipment.
In accordance with Section 58.1-3506 (A) (6) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all heavy construction
equipment, at the rate of three dollars and seventy cents ($3.70)
on each one hundred dollars ($100) of assessed valuation thereof.
Sec. 9. Amount of levy on Research and Development Business
Tangible Personal Property.
In accordance with Section 58.1-3506 (A) (5) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all tangible personal property
used in research and development businesses, not exempt from
taxation, at the rate of one dollar ($1.00) on each one hundred
dollars ($100) of assessed valuation thereof.
Sec. 10. Amount of Levy on Energy Conversion Equipment.
In accordance with Section 58.1-3506 (A) (7) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all energy conversion
equipment, as described in Code of Virginia ~ 58.1-3506 .IA) (7), at
the rate of one dollar ($1.00) on each one hundred dollars ($100)
of assessed valuation thereof.
Sec. 11. Amount of Levy on Certain Computer Hardware.
In accordance with Section 58.1-3506 (A) (9) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all computer hardware used by
businesses primarily engaged in providing data processing services
to other nonrelated or nonaffiliated businesses, not exempt from
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taxation, at the rate of three dollars and seventy cents ($3.70) on
each one hundred dollars ($100) of assessed valuation thereof.
Sec. 12. Amount of Levy on Privately Owned Pleasure Boats and
Watercraft Used for Recreational Purposes Only.
In accordance with Section~ 58.1-3506 (A) (10), A (26), and (A)
(27) of the Code of Virginia, there shall be levied and collected
for general purposes for the calendar year 2003 taxes on all
privately owned pleasure boats and watercraft used for recreational
purposes only, at the rate of one millionth of one cent ($.000001)
on each one hundred dollars ($100) of assessed valuation thereof.
Sec. 13. Amount of Levy on Privately Owned Camping Trailers~ ~
Privately Owned Travel Trailers, and Motor Homes Used for
Recreational Purposes Only, and Prmvately Owned Horse
Trailers.
In accordance with Section~ 58.1-3506 (A) (16) and (A) (28) of
the Code of Virginia, there shall be levied and collected for
general purposes for the calendar year 2003 taxes at the rate of
one dollar and fifty cents ($1.50) on each one hundred dollars
($100) of assessed valuation thereof on the followinq property'
(a) all privately owned camping trailers and motor homes as defined
in Section 46.2-100 of the Code of Virginia, and privately owned
travel trailers as defined in Code of Virqinia ~ 46.2-1900, which
are used for recreational purposes only; and (b) privately owned
trailers as defined in ~ 46.2-100 of the Code of Virqinia that are
designed and used for the transportatmon of horses.
Sec. 14. Amount of Levy on One Motor Vehicle Owned and Regularly
Used by a Disabled Veteran.
In accordance with Section 58.1-3506(A) (17) of the Code of
Virginia, there shall be a reduced tax, levied and collected for
general purposes for the calendar year 2003 at the rate of one
dollar and fifty cents ($1.50) on each one hundred dollars ($100)
of assessed valuation, on one (1) motor vehicle owned and regularly
used by a veteran who has emther lost, or lost the use of, one or
both legs, or an arm or a hand, or who is blind, or who is
permanently and totally disabled as certified by the Department of
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Veterans' Affairs. Any motor vehicles in addition to the one (1)
so taxed shall not qualify for the taxation at the rate established
herein, and shall be taxed at the rate or rates applicable to that
class of property. To qualify, the veteran shall provide a written
statement to the Commissioner of the Revenue from the Department of
Veterans' Affairs that the veteran has been so designated or
classified by the Department of Veterans' Affairs as to meet the
requirements of Section 58.1-3506(A) (17), and that his or her
disability is service connected. For purposes of this ordinance,
a person is blind if he or she meets the provisions of Section
46.2-739 of the Code of Virginia.
Sec. 15. Amount of Levy on Motor Vehicles, Trailers and
Semitrailers with a Gross Vehicle Weight of 10,000 Pounds
or More.
In accordance with Section 58.1-3506 (A) (23) of the Code of
Virginia, there shall be levied and collected for general purposes
for the calendar year 2003 taxes on all motor vehicles, trailers
and semitrailers with a gross vehicle weight of 10,000 pounds or
more used to transport property for hire by a motor carrier engaged
in interstate commerce at the rate of one dollar ($1.00) on each
one hundred dollars ($100) of assessed valuation thereof.
Sec. 16. Amount of Levy on a Motor Vehicle Owned and Used
Primarily by or for Someone at Least Sixty-five Years of
Age or Anyone Found to be Permanently and Totally
Disabled.
a. In accordance with Sections 58.1-3506.1 et seq. of the
Code of Virginia, there shall be a reduced tax, levied at the rate
of three dollars ($3.00) on each one hundred dollars ($100.00) of
assessed valuation, on one (1) automobile or pickup truck owned and
used primarily by or for anyone at least sixty-five years of age or
anyone found to be permanently and totally disabled, as defined in
Section 58.1-3506.3 of the Code of Virginia, subject to the
following conditions:
1. The total combined income received, excluding the
first $7,500 of income, from all sources during calendar year 2002
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by the owner of the motor vehicle shall not exceed twenty-two
thousand dollars ($22,000).
2. The owner's net financial worth, including the
present value of all equitable interests, as of December 31 of
calendar year 2002, excluding the value of the principal residence
and the land, not exceeding one (1) acre, upon which it is
situated, shall not exceed seventy thousand dollars ($70,000).
3. Ail income and net worth limitations shall be
computed by aggregating the income and assets, as the case may be,
of a husband and wife who reside in the same dwelling and shall be
applied to any owner of the motor vehicle who seeks the benefit of
the preferential tax rate permitted under this .ordinance,
irrespective of how such motor vehicle may be titled.
b. Any such motor vehicle owned by a husband and wife may
qualify if either spouse is sixty-five or over or if either spouse
is permanently and totally disabled, and the conditions set forth
in subsection (a) have been satisfied.
Sec. 17. Assessed Value Determination.
In accordance with Section 58.1-3103 of the Code of Virginia,
personal property mentioned in the above sections shall be assessed
at actual fair market value, to be determined by the Commissioner
of the Revenue for the City of Virginia Beach.
Sec. 18. Severab~lity.
If any portion of this ordinance is for any reason declared to
be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Sec. 19. Effective Date.
This ordinance shall be effective January 1, 2003.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
Requires an affirmative vote by a ma3or~ty of the members of
City Council.
CA-8427
Stsiouts~work~budget ordinances 2002~Tax Levy Tools.ord.wpd
R2
April 29, 2002
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AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO S~ITANANNUAL FUNDING
PLAN TO THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the United States Congress has established
legislation designated as the Housing and Community Development Act
of 1974 that sets forth the development of viable urban communities
as a national goal;
WHEREAS, there is federal assistance available for the support
of Community Development and Housing activities directed toward
specific objectives, such as eliminating deteriorated conditions in
Iow and moderate income neighborhoods that are detrimental to the
public health, safety, and welfare, as well as improving the City's
housing stock and community services, along with other related
activities; and
WHEREAS, as a prerequisite to receiving the above-referenced
federal assistance, the City of Virginia Beach has developed an
Annual Funding Plan for submission to the Department of Housing and
Urban Development and has created the necessary mechanisms for its
implementation in compliance with federal and local directives.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed, as
the executive and administrative head of the City, to submit the
City's FY 2003 Annual Funding Plan (the "Plan") and amendments
thereto, along with understandings and assurances contained therein
and such additional information as may be required, to the
Department of Housing and Urban Development to permit the review,
approval, and funding of the Plan.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
CA-8429
Stsiouts~WP~WORK~BUDGET ord 2002~Hud & Urban Dev.
March 7, 2002
Ri
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
~~ SUFFICIENCY'
Management Services City Attorne~ Of{£ce
1 Requested by Councilmember Barbara Henley
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AN ORDINANCE AMEND THE CITY CODE PERTAINING
TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
TAXES FOR ELDERLY OR DISABLED PERSONS BY
INCREASING INCOME AND NET WORTH LIMITS
SECTIONS AMENDED: ~ 35-64 AND 35-67
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 35-64 and 35-67 of the City Code are hereby
amended and reordained to read as follows:
Sec. 35-64. General prerequisites to grant; effect of residency
in hospital, nursing home, etc.
(a) Either the exemption, deferral or freeze, but not more
than one, as provided for in this division shall be granted to
persons subject to the following provisions:
(1) The title to the property for which exemption, deferral
or freeze is claimed is held, or partially held, on June
thirtieth immediately preceding the taxable year, by the
person or persons clazming exemption, deferral or freeze
and is occupied as the sole dwelling of such person or
persons.
(2) The head of the household occupying the dwelling and
owning title or partial title thereto or either spouse in
a dwelling jointly held by a husband and wife is either
permanently and totally disabled or is sixty-five (65)
years of age or older on June thirtieth of the year
immediately preceding the taxable year; provided,
however, that a dwelling jointly held by a husband and
wife may qualify if either spouse is over sixty-five (65)
years of age on such date.
(3) For the tax exemption or deferral program~, the total
combined income received from all sources during the
preceding calendar year by: (m) the owner or owners of
the dwelling who use it as their principal residence and
(ii) the owner's or owners' relatives who live in the
dwelling, shall not exceed twenty-six twenty-seven
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thousand ~ two hundred dollars ($26,500.00)
(27,200.00); provided that the first six eight thousand
five hundred dollars ($6,500.00) ($8,500.00) of income of
each relative, other than a spouse of the owner, who is
living in the dwelling, shall not be included in such
total; and provided further that the first seven thousand
five hundred dollars ($7,500.00) or any portion thereof
of income received by a permanently and totally disabled
owner shall not be included in such total.
(4) For the tax freeze program, the total combined income
received from all sources during the preceding calendar
year by' (i) the owner or owners of the dwelling who use
it as their principal residence and (ii) the owner's or
owners' relatives who live in the dwelling, shall not
exceed thirty-one forty thousand ~ ~ dollars
~ ~^ 000 00); provided that the first s~x
($Jl,~vv.v~) ($40, .
eight thousand five hundred dollars {$6,500.00)
($8,500.00) of income of each relative, other than a
spouse of the owner, who is living in the dwelling, shall
not be included in such total; and provided that the
first seven thousand five hundred dollars ($7,500.00) or
any portion thereof of income received by a permanently
and totally disabled owner shall not be included in such
total.
(5) For the tax exemption or deferral program~, the net
combined financial worth, including equitable interests,
as of December thirty-first of the year immediately
preceding the taxable year, of the owners, and of the
spouse of any owner, excluding the value of the dwelling
and the land (not exceeding one acre) upon which it is
situated, shall not exceed one hundred ~ thirty
thousand dollars ($I06,000.00) ($130,000.00).
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(6) For the tax freeze program, the net combined financial
worth, including equitable mnterests, as of December
thirty-first of the year immediately preceding the
taxable year, of the owners, and of the spouse of any
owner, excluding the value of the dwelling and the land
(not exceeding one acre) upon which it is situated, shall
not exceed one hundred ~ thirty thousand dollars
($I0~, 000. 00) ($130, 000. 00) .
(7) For the tax deferral proqram, the total combined income
received from all sources during the precedinq calendar
year by: (i) the owner or owners of the dwellinq who use
it as their prmncipal residence and (ii) the owner's or
owners' relatives who live in the dwelling, shall not
exceed fifty-two thousand dollars ($52,000.00); provided
that the first eight thousand five hundred dollars
($8,500.00) of income of each relatmve, other than a
spouse of the owner, who is livinq in the dwelling, shall
not be included in such total; and provided further that
the first seven thousand five hundred dollars ($7,500.00)
or any portion thereof of income received by a
permanently and totally disabled owner shall not be
included mn such total.
(8) For the tax deferral program, the net combined financial
worth, including equitable interests, as of December
thirty-first of the year zmmediately preceding the
taxable year, of the owners, and of the spouse of any
owner, excluding the value of the dwelling and the land
(not exceedinq one acre) upon which it is situated, shall
not exceed one hundred ninety-fzve thousand dollars
($195,000) .
(%~) The dwelling is occupied.
101 Sec. 35-67. Amount of exemption.
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When a person claiming exemption under this dlvmsion conforms
to the standards and does not exceed the limitations contained in
this divmsion, the tax exemption shall be as shown on the following
schedule'
Total income,
All sources
00.00--17,000. O0
0.00 - 20,000
Tax Exempt ion
100%
17,000.01--19,200.00 20,000.01 - 21,500
8O%
~ ~ . -2 300 O0 21,500 O1 - 23,000
I~,=00 01- I, . .
21,300.01--22,400.00 23,000.01 - 24,500
60%
40%
23,400.01--26,500.00 24,500.01 - 27,200
20%
No lien shall accrue as a result of the amount certified as exempt.
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Be it further ordained that this ordinance shall be effective
on July 1, 2002.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
CA-8431
sat/work/budget/35-64&67ord.wpd
R5 - May 14, 2002
AN ORDINANCE TO AMEND THE CITY CODE BY
CORRECTING TYPOGRAPHICAL ERRORS AND AMENDING
OR DELETING CERTAIN PROVISIONS RELATING TO
MERIT LEAVE
SECTIONS AMENDED: §§ 2-104 and 2-109
SECTION REPEALED: § 2-109.1
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-109.1 is repealed and that Sections 2-104 and
2-109 of the City Code are hereby amended and reordained to read as
follows:
Sec. 2-104. Original employment.
· ·
(b) An individual beginning employment for the first time
shall be placed at the minimum salary of the pay range established
for the class in which employed, or at the lowest salary received
by any incumbentis) in such class, whichever is lower; provided,
however, that based on a new employee's prior experience,
proficiency, or related criteria, a one-time signing bonus may be
granted and/or placement may be accelerated up to twenty (20)
percent above the minimum salary of the a~signed pay range upon
written recommendation by the employing authority and approval of
the director oT of human resources. Further acceleration within the
assigned pay range may be authorized upon written recommendation by
the employing authority, and approval by the director of human
resources and the city manager.
Sec. 2-109. Changes in pay generally.
·
(b) Merit increase. A merit increase shall be defined as a
salary increase within the pay range of the class to which the
employee is assigned that is awarded based on job performance in
accordance with the city's performance appraisal program. A formal
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performance appraisal shall be conducted for each employee on the
!
employee's respective merit date and each succeeding merit date
thereafter. Merit increases shall become effective on the
employee's merit date as provided in section 2-116 and shall only
be awarded to full-time permanent employees. Merit increases shall
be prorated if a promotion, career progression, or a change in job
duties occurs prior to the merit date. The amount of the merit
increase shall be prorated based on the lenqth of time assigned to
the classification during the appraisal period.
(e) Shift differential.
A shift differential shall be
authorized whenever an employee compensated in a classification
which is not designated by the director of human resources to
require shift work is permanently assigned to work a shift which
commences on or between the hours of 3:00 p.m. to 3:00 a.m. Such
employee shall receive the equivalent of a five (5) percent
increase in his or her normal salary rate for all hours worked
during such time period only. Employees assigned to regularly
scheduled rotating shift work as designated by the director of
human resources and the city manager, and employees designated by
the director of human resources as "exempt? under the Fair Labor
Standards Act, ~ shall be ineligible under the provisions of
this subsection.
Sec. 2-109 i Merit ~ ..... Reserved
full-tzme F=~mo~=,~ a,,~ p~u~a~,,~ =-,P~uz==o on the general and
~,~nzstratzve compensation pz=~,o ~ased on job performance
evaluated by the city-wide performance evaluation program.
forma evaluated
~-~o ~ determine the l=vel of performance the employee has
,
- =~ full-tzme em oyeeo who
achz=ved. Based u,, ~,,zs ratzng,
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a==~,,=~ ~,,= ~=/ o>=p of the pay range o,,=.,_- be awaa~=~ merit leave
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(1) One (I) day aua a~=pu=~= ua zu~y oat: sfactory
(2) Two (2) '~ ........... -'
~ayo foL- very good or
by - -z=-- ' - however
approval =h== ~uy manager; provided,
'-~ =: .... pl '
thata =u~-u~,,= employe=o eom eting the probationary
period o,hall be el
- ~~= for no more than two (2) days of
merit leave.
'-' Full-time permanent employees at the {P) step of the pay
provided that their annual peaaua,,,a,,,-~= ia outstanding
for their position, or two {2) days of merit leave if the employee
demonstrates performance of an outstanding natua=, ~,~ resu~u=u
practical i,,,~uvauive ideao or m=u,~uus involving effzciency in
time a,~u process,, a major documented cost oavings to ~-~--u~.= city, oz
r=oulte in extreme uraver or tls to tu=li u~ll~a_l_~, ua L.l~.~ U,.L~.y .
merit leave o,~I be awaa~=~ for below acceptabl= or
.,=~.~.,a=~y satiofactory performance.
a=8 o~a~ be~, effect
from July I, 19~ to ~u,~= ~,
(f) Any leave awaru=u to an employe= in accordanc= --~=~
w~ the
proviozons of this o=ction o~=~z be uoed prior to June ou, ~u~.
merit leave.
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The effective date of this ordinance shall be July 1, 2002.
Adopted by the Council of the C~ty of V~rginia Beach,
V~rginia, on this 14~ day of May, 2002.
CA8066
Sam/budget / 02-104-109ordl. wpd
R-7
May 10, 2002
1 Requested by Councilmember Barbara Henley
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AN ORDINANCE AMEND THE CITY CODE PERTAINING
TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
TAXES FOR ELDERLY OR DISABLED PERSONS BY
INCREASING INCOME AND NET WORTH LIMITS
SECTIONS AMENDED: ~ 35-64 AND 35-67
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 35-64 and 35-67 of the City Code are hereby
amended and reordained to read as follows:
Sec. 35-64. General prerequisites to grant; effect of residency
in hospital, nursing home, etc.
(a) Either the exemption, deferral or freeze, but not more
than one, as provided for in this division shall be granted to
persons subject to the following provisions:
(1) The title to the property for which exemption, deferral
or freeze is claimed is held, or partially held, on June
thirtieth immediately preceding the taxable year, by the
person or persons claiming exemption, deferral or freeze
and is occupied as the sole dwelling of such person or
persons.
(2) The head of the household occupying the dwelling and
owning title or partial title thereto or either spouse in
a dwelling jointly held by a husband and wife is either
permanently and totally disabled or is sixty-five (65)
years of age or older on June thirtieth of the year
immediately preceding the taxable year; provided,
however, that a dwelling jointly held by a husband and
wife may qualify if either spouse is over sixty-five (65)
years of age on such date.
(3) For the tax exemption or defe~zal programs, the total
combined income received from all sources during the
preceding calendar year by: (~) the owner or owners of
the dwelling who use it as their principal residence and
(ii) the owner's or owners' relatives who l~ve in the
dwelling, shall not exceed twenty-six twenty-seven
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thousand ~ two hundred dollars
(27,200.00); provided that the first six eiqht thousand
five hundred dollars ($6,500.00) ($8,500.00) of income of
each relative, other than a spouse of the owner, who is
living in the dwelling, shall not be included in such
total; and provided further that the first seven thousand
five hundred dollars ($7,500.00) or any portion thereof
of income received by a permanently and totally disabled
owner shall not be included in such total.
(4) For the tax freeze program, the total combined income
received from all sources during the preceding calendar
year by' (i) the owner or owners of the dwelling who use
it as their principal residence and (ii) the owner's or
owners' relatives who live in the dwelling, shall not
exceed thirty-one forty thousand n~kn~ ........ ed
~u~u~ dollars
{$31,900.00) ($40,000.00); provided that the first
eight thousand five hundred dellars ($6,500.00)
($8,500.00) ef income ef each relative, other than a
speuse of the ewner, whe is living in the dwelling, shall
net be included in such tetal; and previded that the
first seven theusand five hundred dellars {$7,500.00) er
any portion thereof of inceme received by a permanently
and totally disabled owner shall not be included in such
tetal.
(5) Fer the tax exemption or deferral program~, the net
combined financial worth, including equitable interests,
as ef December thirty-first of the year immediately
preceding the taxable year, of the ewners, and of the
spouse of any owner, excluding the value ef the dwelling
and the land (not exceeding one acre) upon which ~t is
situated, shall net exceed one hundred ~ thirty
theusand dollars ($I06,000.00) ($130,000.00).
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(6) For the tax freeze program, the net combined financial
worth, including equitable interests, as of December
thirty-first of the year mmmediately preceding the
taxable year, of the owners, and of the spouse of any
owner, excluding the value of the dwelling and the land
(not exceeding one acre) upon which it is situated, shall
not exceed one hundred s~x thirty thousand dollars
($10G, O00.O0) ($130, 000. 00) .
(7) For the tax deferral program, the total combined income
received from all sources durinq the precedinq calendar
year by: (i) the owner or owners of the dwellinq who use
it as their principal residence and (ii) the owner's or
owners' relatives who live in the dwellinq, shall not
exceed fifty-two thousand dollars ($52,000.00); provided
that the first eight thousand five hundred dollars
($8,500.00) of income of each relative, other than a
spouse of the owner, who is living in the dwellinq, shall
not be included in such total; and provided further that
the first seven thousand five hundred dollars ($7,500.00)
or any portion thereof of income received by a
permanently and totally disabled owner shall not be
included in such total.
(8) For the tax deferral program, the net combined financial
worth, including equmtable interests, as of December
thirty-first of the year immediately precedinq the
taxable year, of the owners, and of the spouse of any
owner, excluding the value of the dwellinq and the land
(not exceeding one acre) upon which it ms situated, shall
not exceed one hundred ninety-five thousand dollars
($195,000) .
(~) The dwelling is occupied.
101 Sec. 35-67. Amount of exemption.
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When a person claiming exemption under this division conforms
to the standards and does not exceed the limitations contained in
this division, the tax exemption shall be as shown on the following
schedule'
Total income,
All sources
O0 00--17,~.00 $ 0 O0 -
Tax Exemption
20,000 100%
17,000.01--19,200.00 20,000.01 - 21,500
8O%
· ~ ~ 21 500 01 - 23,000
19,200 01--21,Juu.u~ , .
6O%
· 21,300.01--22,4~u~.O0 23,000.01 - 24,500
40%
~3, 400. 01--26, 500. 00 24,500.01 - 27,200
20%
No lien shall accrue as a result of the amount certified as exempt.
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Be it further ordained that this ordinance shall be effective
on July 1, 2002.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
CA-8431
sat/work/budget/35-64&67ord.wpd
R5 - May 14, 2002
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performance appraisal shall be conducted for each employee on the
!
employee's respective merit date and each succeeding merit date
thereafter. Merit increases shall become effective on the
employee's merit date as provided in section 2-116 and shall only
be awarded to full-time permanent employees. Merit increases shall
be prorated if a promotion, career proqression, or a chanqe in job
duties occurs prior to the merit date. The amount of the merit
increase shall be prorated based on the length of time assigned to
the classification durinq the appraisal period.
(e) Shift differential. A shift differential shall be
authorized whenever an employee compensated in a classification
which is not designated by the director of human resources to
require shift work is permanently assigned to work a shift which
commences on or between the hours of 3-00 p.m. to 3-00 a.m. Such
employee shall receive the equivalent of a five (5) percent
increase in his or her normal salary rate for all hours worked
during such time period only. Employees assigned to regularly
scheduled rotating shift work as designated by the director of
human resources and the city manager, and employees designated by
the director of human resources as "exempt? under the Fair Labor
Standards Act, ~ shall be ineligible under the provisions of
this subsection.
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Sec 2-109 I .... '= '~ ..... Reserved
(a)L-~="-rzt leave o~o~l be leave w~L~ uo3 ~a~ ~o awarded to
full-time permanent --= ........ ~---' ---
a,~ p~o~==~o~,=~ =.,ployees on the general and
administrative compensation plans based on job performance as
evaluated by the city-wide performance evaluation program·
Each=~~=-~=-~- =-~uloy==- ~o~- - be .... ~ ...... luated and
L~LL~ ~VO
rated on his or her respective merit date = .... =-- ==---~ ......
~=-~o ~ determine ~= level of performance ~,= =L-u~o~== has
' -- ~=' full-time employees who have not
achmeved. Based ~, ~,,zs rating,
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reached the (=)~ step. of =~-~l~= pay-- range shall be awarded merit leave
as follows:
(1) One (I) day ~ ........ ~ .... ' - = .... ry
~u~ ac~=p~u~= or fully ~~~
performance;
(2) Two {2) days for very good os superior performance;
( '~' ~ .... =--- ' ..... ~--= to
3) T',,=~= ..... ~ u~ zu= outstandzng performance ~uj=~
=:--~ -~ ..... '~--' however
z~z approval ~ ..... ~
u~ ~= ~ manager; proviu~u~
that==--'u~'-==--=~,,,= employees completing the probationary
period shall be eligible for no more than two {2) days of
merit leave.
{c) ~--''=~-==ime permanent employees at the {P) step of the pay
~= o,,~ ~ ~**~.~ on thez~ merzt date for one (I) day of
............. ' .... = ........ ' - di
.... == '-- prey~-~ that th=~z ~,,u~= g
for their position, or two {2) days of merit leave if the employee
demonstz~=o pe--=zzuzm~,.~= ........ of an outstanding nature, whz~ resulted
mn practzcal mnnovatmve mdeas or me~.~uu~ mnvolving eff~cmency~.~.
time and process,, a major documented cost savings to the city, or
._~ ~_ ~ , . _ ,
resu=~=u mn extreme bravery or rz~k to the benefzt of the city.
(d) ~ merzt leave shall be awarded for ~==ow acceptable or
m~nimally satisfactory performance.
(e) This section [Ordinance Number 2120] shall be in effect
f -- Jul-- I ~ =- ~ .... ~ ~
(f) Any leave awarded to an employee in accordance with ==e~
provisions of this section shall be used prior to June ~ ~ ~
(-) '~- employee -~-~ ' ............ = ......... =~-- fo sod
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The effective date of this ordinance shall be July 1, 2002.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 14t~ day of May, 2002.
CA8066
Sam/budget/02-104-109ordl.wpd
R-7
May 10, 2002
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AN ORDINANCE TO AMEND THE LANGUAGE
OF THE CITY CODE PERTAINING TO
HOLIDAYS
SECTION AMENDED' ~ 2-83
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-83 of the Code of the City of Virginia Beach,
Virginia is hereby amended and reordained to read as follows:
Sec. 2-83. Holidays.
(a) The following eight-hour days are designated as full-paid
"holidays" and shall be so observed by the city. Ail permanent and
probational merit employees shall be covered by the provisions of
this section.
(1) The first day of January (New Year's Day).
(2) The third Monday in January (Lee-Jackson-King Day)
(Martin Luther Kinq Day).
(3) The last Monday of May (Memorzal Day).
(4) The fourth day of July (Independence Day) .
(5) The first Monday of September (Labor Day).
(6) The eleventh day of November (Veterans Day).
(7) The fourth Thursday of November (Thanksgzvlng Day).
(8) The twenty-fifth day of December (Christmas Day).
(9) One-half of a regular workday on the twenty-fourth day of
December (Christmas Eve), except when Christmas Eve falls
on a Friday, Saturday or Sunday.
(10) Two (2) flexible personal holidays (to be taken as a
personal, national, religious or other holiday the city
does not observe). Part-time employees shall not be
eligible for these holidays.
If any holiday enumerated in (1) through (8) above falls on a
Saturday or Sunday, the city manager shall determine when the
holiday will be observed and shall so notify affected employees and
the public at least thirty (30) days prior to the holiday. If no
such notice is provided by the city manager, then when any holiday
enumerated in (1) through (8) above falls on a Saturday, the Friday
next preceding such a day shall be a holiday, and when any holiday
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enumerated in (1) through (8) above falls on a Sunday, the Monday
next following such day shall be a holiday.
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Adopted by the Council of the City of Virginia Beach,
Virgznia, on the 14th day of May, 2002.
CA-8421
Stsioutskbudget ordinances 2002k02-083.ord.wpd
April 26, 2002
R2
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AN ORDINANCE TO AMEND THE CITY CODE
BY ESTABLISHING FEES FOR PERMITS AND
INSPECTIONS REQUIRED UNDER THE
STATEWIDE FIRE PREVENTION CODE
SECTION ADDED' § 12-49.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 12-49.1 of the Code of the City of Virginia Beach
is hereby added and ordained to read as follows'
Sec. 12-49.1 Pe~-mits and inspections fees~
Fees for ermits or ins ections re uired b this article or
the Vir inia Statewide Fire Prevention Code are hereb levied in
accordance with the followin schedule:
_~ Reins ection fee for 2nd re-~ and ever~
subse uent ins ection to demonstrate com liance with the
Vir inia Statewide Fire Prevention Code - Twen__~ five
dollars ($25.00)~
ther
than dealership) - Fifty dollars ($50.00) ~
~ Fire watch ermit fee valid for 7 day_~ - r~
less than 48 hours or b the first buszness da after the
failure of a fire rotection s stem - Twent five dollars
~ An exce tion to this ermit re uirement ma be
~ the fire marshal or his desi nee for dela s
encountered in obtainin e ui ment re uired for re--irs.
(d).. Bonfire - permit fee per event site - Fifty dollar~
($50.00)~
~ Removing paint with torch - permit fee per site - Fift~
dollars ($50.00).
_~ Land clearing pit burn - permit fee per month per piq
burner - Fifty dollars ($50.00).
(g) Assembly or education occupancies'
(i) Annual permit fee for facilities with less than 10B
persons - Fifty dollars ($50.00/~
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(ii) Annual permit fee for facilities with between 100-
500 persons - One hundred dollars ($100.00);
(iii) Annual permit fee for facilities with greater than
500 persons - One hundred fifty dollars ($150.00);
(iv)ABC inspection fee - Fifty dollars ($50.00);
(v) Recalculation of occupancy load fee - Fifty dollars
($50.00) .
(h) Airports, heliports and helistops - annual permit fee -
One hundred dollars ($100.00).
(i) Bowling establishments - annual permit fee for
refinishing/ resurfacing with flammable liquids - One
hundred dollars ($100.00).
(j) Crop ripening or coloring processes - annual permit fee -
One hundred dollars ($100.00).
(k) Dry cleaning plant(flammable or non-flammable chemicals)-
annual permit fee - One hundred dollars ($100.00).
(1) Dust explosion hazard - annual permit fee for any process
creating dust explosion hazard - One hundred dollars
($100.00).
(m) Application of flammable finishes - annual permit fee for
the use or handlinq of more than 1 gallon per day - One
hundred dollars ($100.00).
(n) Fumigation or insecticidal fogging fee - per location -
Fifty dollars ($50.00).
(o) Hazardous production - annual permit fee for the use,
storage or handling of any hazardous production material
- One hundred dollars ($100.00).
(p) Lumber yard/woodworking plant - annual permit fee for
storage exceeding 100,000 board feet - One hundred
dollars ($100.00).
(q) Matches - annual permit fee for storage of greater than
25 cases or more - One hundred dollars ($100.00).
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(r) Organic coatinqs - annual permit fee for production of
greater than 1 gallon per day - One hundred dollars
($100.00).
(s) Tents or air supported structures - annual permit fee for
tents greater than 900 square feet or air supported
structures - Fifty dollars ($50.00).
(t) Wreckinq yard, junk yard or waste material plant:
(i) Annual permit fee - One hundred dollars ($100.00);
(ii) Annual permit fee for facilities with waste
material greater than 2,501 cubic feet - One
hundred dollars ($100.00).
(u) Weldinq and cutting (excludinq welding shop), any
operation:
(i) Annual permit fee for all weldin~ - Fifty dollars
($50.00);
(ii) Annual permit fee for use of greater than 200
pounds calcium carbide - One hundred dollars
($100.00);
(iii) Annual permit fee for use of greater than 2,000
feet cubic flammable compressed gas - One hundred
dollars ($100.00);
(iv) Annual permit fee for use of qreater than 5 pounds
carbide in acetylene qenerator - One hundred
dollars ($100.00).
(v) Aerosol products - annual permit fee for storaqe or
display of greater than 500 pounds of level 2 or 3
aerosols - Fifty dollars ($50.00).
(w) Cellulose nitrate:
(i) Annual permit fee for storage 26 or more pounds -
Fifty dollars ($50.00);
(ii) Annual permit fee for any manufacturer using
cellulose nitrate - Fifty dollars ($50.00).
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(x) Combustible fibers - annual permit fee for storage of
greater than 100 cubic feet - Fifty dollars ($50.00).
(y) Compressed qas storage:
(i) Annual permit fee for storaqe qreater than 750
cubic feet of flammable gas - Fifty dollars
($50.00);
(ii) Annual permit fee for storage of amounts greater
than 6,000 cubic feet of non-flammable gas- Fifty
dollars ($50.00);
(iii) Annual permit fee for storage of amounts greater
than 810 cubic feet of corrosive gas - Fifty
dollars ($50.00);
(iv) Annual permit fee for storage of any amount of
toxic or highly toxic gas- Fifty dollars ($50.00).
(z) Corrosives (storage and handling):
(i) Annual permit fee for use, storage or handling of
amounts greater than 1,000 pounds of solids - Fmfty
dollars ($50.00);
(ii) Annual permit fee for use, storaqe or handlinq of
amounts greater than 110 gallons of liquids - Fifty
dollars ($50.00).
(aa) Cryogenic liquids:
(i) Annual permit fee for production or sale of any
amount - One hundred dollars ($100.00);
(ii) Annual permit fee for storage of greater than 500
gallons of non-flammable, non-toxic cryogenic
liquids - Fifty dollars (~50.00);
(iii) Annual permit fee for storaqe of greater than 10
gallons of liquid oxygen - Fifty dollars ($50.00);
(iv) Annual permit fee for storage of greater than 10
qallons of flammable cryogenic liquids - Fifty
dollars ($50.00);
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(v) Annual permit fee for storage of greater than 10
gallons of cryoqenic oxidmzer - Fifty dollars
($50.00).
(bb) Explosives, ammunition and blasting agents - annual
permit fee for storage, manufacturmnq, possession, sale
or any other disposition of any amount - Fifty dollars
($50.00). For 15 pounds or less smokeless powder or
1,000 small arms primers for personal use, no fee shall
be required.
(cc) Fireworks/pyrotechnics:
(i) Permit fee per display for outside aerial display -
Four hundred fifty dollars ($450.00);
(ii) Permit fee for proximate audience - Two hundred
fifty dollars ($250.00);
(iii) Permit fee for storage or sales - Fifty dollars
($50.00) .
(dd) Flammable and combustible liquids:
(i) Annual permit fee for storage, use, handl~nq or
processing - Fifty dollars ($50.00);
(ii) Temporary AST permit fee - Fifty dollars ($50.00);
(iii) Service station or repair garaqe permit fee - Fifty
dollars ($50.00);
(iv) UST closure or temporary out of service permit fee
- Fifty dollars ($50.00).
(ee) Flammable solids - annual permit fee for storaqe of
amounts qreater than 125 lbs. - Fifty dollars ($50.00).
(ff) Highly toxic and toxic solids and liquids:
(i) Annual permit fee for use, storaqe or handlinq of
any amount of hiqhly toxmc solids or liquids -
Fifty dollars ($50.00);
(ii) Annual permit fee for use, storaqe or handlinq of
amounts greater than 500 pounds of toxic solids -
Fifty dollars ($50.00);
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(iii) Annual permit fee for use, storage or handling of
amounts greater than 50 gallons of toxic liquids -
Fifty dollars ($50.00).
(gg) Irritants, sensitizers and health hazards:
(i) Annual permit fee for use, storage or handlinq of
amounts greater than 1,000 pounds of solids - Fifty
dollars ($50.00);
(ii) Annual permit fee for use, storage or handling of
amounts greater than 100 gallons of liquids - Fifty
dollars ($50.00).
(hh) Liquified petroleum gases - annual permit fee for each
installation exceeding 30 gallons of individual water
capacity or where the combined container quantity exceeds
60 gallons - Fifty dollars ($50.00).
(ii) Organic peroxides:
(i) Annual permit fee for use, storage or handling of
any amount of class I or II - Fifty dollars
($50.00);
(ii) Annual permit fee for use, storaqe or handlinq of
amounts greater than 25 pounds of class III - Fifty
dollars ($50.00).
(jj) Liquid and solid oxidizers:
(i) Annual permit fee for use, storage or handlinq of
any amount of class III or IV - Fifty dollars
($50.00);
(ii) Annual permit fee for use, storage or handling of
amounts greater than 50 pound of class II - Fifty
dollars ($50.00);
(iii) Annual permit fee for use, storage or handling of
amounts greater than 200 pounds of class I - Fifty
dollars ($50.00).
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(kk) Pesticides - annual permit fee for use, storage, or
handling of any amount subject to regulation under the
Statewide Fire Prevention Code- Fifty dollars ($50.00).
(ll) Radioactive materials - annual permit fee for use,
storage or handling of amounts greater than or equal to
5 REM whole body dose short term in sealed or unsealed
containers - Fifty dollars ($50.00).
(mm) Pyrophoric material - annual permit fee for use, storage
or handling of any amount - Fifty dollars ($50.00).
(nn) Unstable liquid or solid (reactive) materials:
(i) Annual permit fee for use, storage or handling of
any amount of class III or IV - Fifty dollars
(~50.00);
(ii) Annual permit fee for use, storaqe or handlinq of
amounts qreater than 10 pounds of class II - Fifty
dollars ($50.00).
(oo) Water reactive material:
(i) Annual permit fee for use, storage or handlinq of
any amount of class III - Fifty dollars ($50.00);
(ii) Annual permit fee for use, storage or handlinq of
amounts 100 pounds or qreater of class II solids -
Fifty dollars ($50.00);
(iii) Annual permit fee for use, storaqe or handlinq of
amounts 10 pounds or greater of class II liquids -
Fifty dollars ($50.00).
The fees imposed pursuant to this section shall be used to
defray the cost of enforcement and appeals under the Statewide Fire
Prevention Code.
Be it further ordained that the effective date of this
ordinance shall be January 1, 2003.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
CA-8432
ORDINkNONCODEkFire Fees Schedulel.ord
R-4
May 7, 2002
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AN ORDINANCE TO AMEND THE CITY CODE
BY PROVIDING FOR THE IMPOSITION OF
FEES, AS COURT COSTS, FOR PROCESSING
PERSONS ADMITTED TO JAIL AND FOR
INCREASED COURT HOUSE SECURITY
SECTION ADDED: ~ 1-12.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1-12.2 Of the City Code is hereby added and
ordained to read as follows:
Sec. 1-12.2. Assessment of court costs for the cost of persons
admitted to ~ail following conviction and the costs
of court house security.
(a) (i) In addition to any other fees prescribed by law, a
twenty five dollar (925.00) fee is hereby imposed on every
individual admitted to the city ~ail following conviction in a
district or circuit court.
(ii) This fee shall be ordered as a part of court costs
collected by the clerk, deposited into the account of the city
treasurer, and shall be appropriated to the sheriff to defray the
costs of processing arrested persons in the jail.
(b) (i) In addition to any other fees prescribed by law, a
fee of five dollars ($5.00) is hereby imposed in each criminal and
traffic case in which the defendant is convicted of a violation of
25 any statute or ordinance. The clerks of the district and circuit
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courts shall charge and collect this assessment as a part of the
fees taxed as costs.
(ii) After collection by the clerk of the court in which
the case is heard, the assessment shall be remitted to the city
treasurer and held subject to appropriation by the City Council to
the sheriff's office for funding court house security personnel.
(iii) The provisions of this subsection expire on July 1,
2004.
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Be it further ordained that the effective date of this
ordinance shall be July 1, 2002.
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Adopted by the City Council of the City of Virginia Beach,
Vmrginia, on this 14th day of May, 2002.
CA-8466
ORDIN/PROPOSED/01-12.2.ord.wpd
R2
April 26, 2002
AN ORDINANCE TO ADOPT THE FY 2003/FY
2008 CA~IT~ IMPROVF/~NT PROGRAM A/qD
TO APPROPRIATE $310,332,578 FOR THE
FY 2003 C2tPITAL BUDGET SUBJECT TO
FUNDS BEING PROVIDED FROM VAI~IOUS
SOUBCES SET FORTH HEREIN
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3O
3!
32
34
WHEREAS, the City Manager, on March 26, 2002, presented
to City Council the Capital Improvement Program for fiscal years
2003 through 2008;
WHEREAS, City Council held public hearings on the
program to provide for public comment;
WHEREAS, based on public comment, City Council has
determined the need for certain projects in the Capital
Improvement Program; and
WHEREAS, it is necessary to appropriate funds for both
existing projects and projects beginning in the 2003 fiscal year,
as set forth in said Capital Improvement Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Capital Improvement Program, as
modified, for the construction of, or addition to, capital
facilities identified for fiscal years 2003 through 2008 is
hereby adopted, and the projects listed therein are hereby
approved as capital projects.
Section 2. That the projects shall be financed from
funds to be appropriated periodically by City Council, and until
funds are so provided, the projects are for planning purposes
only and may be deleted, altered, or rescheduled in any manner at
any time by City Council.
Section 3. That funds in the amounts aggregating
$310,332,578 for capital projects in the Capital Budget for the
2003 fiscal year, as set forth in said Capital Improvement
Program, are hereby appropriated, by project and subject to the
conditions set forth herein. The amount of funding for individual
35
37
39
4O
4!
42
43
44
45
46
47
49
5O
5!
52
53
54
57
59
6O
63
64
67
projects is set forth in "Attachment A - Capital Budget
Appropriations," a copy of which is attached hereto.
Section 4. That in accordance with Section 2-196 of
the City Code, Financing Sources in support of the Capital
Budget for the 2003 fiscal year as set forth in said Capital
Improvement Program are attached to this ordinance as "Attachment
B - Financing Sources."
Section 5. That capital project funds appropriated in
prior fiscal years are to be adjusted in accordance with said
Capital Improvement Program and reallocated as identified in
"Attachment C - Transfers," a copy of which is attached hereto.
Section 6. That additional appropriations and the
addition of capital projects shall not be initiated except with
the consent and approval of the City Council first being
obtained, and an appropriation for a project in the Capital
Improvement Program shall continue in force until the purpose for
which it was made has been accomplished or abandoned.
Section 7. That all contracts awarded for approved and
appropriated capital projects, exclusive of school projects, must
be certified as to the availability of funds by the Director of
Finance prior to the initiation of work on the contract.
Section 8. That subject to any applicable restriction
of law or of any bonds or bond issue, the City Manager or the
Director of Management Services is authorized to approve
transfers of appropriations in an amount up to $100,000 between
capital projects within a pro~ect class as may best meet the
needs of the City. The City Manager shall make a monthly report
to the City Council of all transfers between $25,000 and
$100,000. The City Manager or the Director of Management Services
is hereby authorized to establish and administer the budgeting of
capital projects consistent with best management practices,
reporting requirements and the Capital Improvement Program
adopted by the City Council.
2
69
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7!
72
73
74
75
76
77
79
8O
82
87
9O
9!
92
93
94
95
97
99
Section 9. That the City Manager or the Director of
Management Services is hereby authorized to change, subject to
any applicable restriction of law or of any bonds or bond issue,
the financing sources for the various capital projects included
in this ordinance to reflect effective utilization of the
financing sources. If the financing sources in support of
capital projects decline, the City Manager or the Director of
Management Services is authorized to reduce, subject to any
applicable restriction of law or of any bonds or bond issue,
those appropriations to equal the changed financing source. The
City Manager must give prior notice to the City Council of any
reductions to total appropriations exceedmng $100,000. The
notice to City Council shall identify the basis and amount of the
appropriation reduction and the capital projects affected. The
accounting records of the City will be maintained in a manner
where the total of financing sources is equal to the total
appropriations for each of the City's capital projects funds.
Section 10. That the Capital Improvement Program debt
management policies contained and included in the Resource
Management Plan - Executive Summary document shall be the policy
guidelines of the City, and the City Manager shall annually
report on the status of those guidelines and the projected impact
of the proposed Capital Improvement Program on those guidelines,
such information to be included in the Resource Management Plan
submittal. The City Manager may propose modifications to those
policies and guidelines through the Resource Management Plan.
Section 11. That violation of this ordinance shall
result in the City Manager taking disciplinary action against the
person or persons responsible for the capital project in which
the violation occurred.
Section 12. That if any portion of this ordinance is
for any reason declared to be unconstitutional or invalid, such
]00 decision shall not affect the validity of the remaining portions
101
of this ordinance.
102
Section 13. That this ordinance shall be in effect
103
104
from the date of its adoption; however, appropriations for the FY
2003 Capital Budget shall be effective on July 1, 2002.
105
106
107
108
109
110
Adopted by the City Council of the City of Virginia
Beach, Virginia, on this 14th day of May, 2002.
CA-8430
ordin/noncode/FY2003-2008 ClP.ord.wpd
May 1, 2002
RI
111
112
113
114
APPROVED AS TO CONTENT'
Management
APPROVED AS TO LEGAL
SUFFICIENCY'
Cl{y Attorney' s 'Of'f'i~e
115
116
117
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriation
FY 2002-2003
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
9-012
9-018
9-027
9-035
9-141
9-260
9-302
3-003
3-005
3-017
3-024
3-027
3-033
3-118
3-173
3-185
3-282
3-413
3-441
Roadway
2-007
2-018
2-021
2-029
2-031
2-039
2-044
2-048
2-052
2-065
2-072
2-076
2-089
2-090
2-107
2-115
2-121
2-137
2-140
2-145
2-147
2-149
2-151
2-152
2-156
2-157
2-158
2-165
2-171
Economic Vitality
24th Street Stage Renovations
Convention Center Replacement
31st Street Parkzng Garage
Town Center Pedestrian Bridge (Design)
Economic Development Investment Program (On-
Going)
Economic and Tourism Development Partnerships
Rudee Loop Development - Phase I (Partial)
Total Economic and Tourzsm Development
Pro3ects:
Safe Community
Judicial Center Parking Expanszon
Underground Storage Tanks - C~ty
Fzre and Rescue Station - Shore Drive Area
Vzrginza Beach Juvenile Detentzon Center
Law Enforcement Trainzng Academy
Fire Facility Rehabil~tatzon and Renewal
Fzre Training Center Improvements
Emergency Communications/Emergency Operations
Centers
F~re Apparatus Replacement
Municipal Buildings Security Enhancements
Bayside Library and Police Precinct
Correction Center Addition III/Bldg Ma~nt &
Landscape Reloc
Total Buzld~ng Pro3ects:
88,986
145,150,000
3,938,000
200,000
Quality Physical Environment
Projects
Shzpp's Corner Road Bridge Replacement
Major Intersection Improvements
Rural Road Improvements
Harris Road
Street Reconstruction
Computerized Traffic S~gnal System
Upgrade/Replacement (Partial)
Intelligent Transportation Systems
Princess Anne Road/Kempsville Road Intersection
Improvements (VDOT)
Traffic Signal Rehabilitation
Elbow Road Extended - Phase II - A
First Colonial Road/Virginia Beach Boulevard
Intersectzon Improvements (VDOT)
Laskin Road Gateway
Southeastern Parkway and Greenbelt (Partial)
Nimmo Pkwy - Phase I/West Neck Road Ext
Seaboard Road
Shore Drzve Intersections - Demonstration
Project
Nimmo Parkway - Phase V-A (VDOT)
Great Neck IV/London Bridge III (VDOT)
London Bridge Road - Phase II (VDOT)
Wesleyan Drive (VDOT)
Tzdewater Communzty College Rzng Road
Birdneck Road - Phase II (VDOT)
Sandbr~dge Corridor Improvements (Partial)
Elbow Road Extended - Phase II (VDOT) (Partial)
Lask~n Road - Phase I (VDOT)
Lynnhaven Parkway - Phase IX (VDOT)
Holland Road - Phase VI (Partial) (VDOT)
Lask~n Road - Phase II (VDOT)
City Wide Street L~ghting Improvements
1,753, 674
300,000
9,880,850
$ 161,311,510
80,500
600,000
50,000
3,159,157
78,812
122,000
332,510
2,304,000
1,850,000
500,000
569,313
7,585,493
$ 17~231,78~
550,000
1,534,799
300,000
1,119,000
150,000
500,000
200,000
365,000
100,000
1,105,000
1,000,000
423,852
1,770,584
865,000
615,000
500,000
50,000
273,240
100,000
20,000
1,165,000
400,000
1,900,000
80,000
2,268,940
434,748
70,000
1,200,000
100,000
Project Appropriation
Number Projects FY 2002-2003
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
2-172 LED Traffic Szgnal Upgrade 100,000
2-176 Roadway Alxgnment and Analysis Studies 150,000
2-179 Access Road for Elementary School 2005 200,000
2-256 Indian Rxver Road - Ph VII (VDOT) (Partial) 145,000
2-263 Major Brxdge Reconstruction and Rehabilitation 300,000
2-268 Wetlands Mitxgation Banking 100,000
2-284 Street Asphalt Resurfacing 5,472,779
2-285 Traffic Safety Improvements - Phase II 890,145
2-305 Princess Anne Rd.- Phase IV (Ferrell - Phase 2,450,000
II ) (VDOT)
First Colonial Rd. - Phase III & Oceana Blvd.
2-833 50,000
(VDOT)
2-837 Varxous Cost Participation Projects 125,000
Total Roadway Projects: $ 29,143,087
Coastal Projects
8-002 Beach Profile Monitoring Program $ 75,000
8-004 Varxous Minor Dredging Projects 100,000
8-006 Rudee Inlet Infrastructure Improvements 350,000
8-008 Beach Replenishment 1,000,000
8-014 Lynnhaven Inlet Maintenance Dredging 100,000
8-830 Rudee Inlet Dredging 350,000
Total Coastal Projects: $ 1,975,000
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
Wat
er Utxlity Projects
5-001 Comprehenszve Emergency Response & Planning -
Phase I $ 200,000
5-006 Water Appurtenances Evaluation and Improvements 200,000
5-013 Water SCADA System Upgrade 200,000
5-016 System Expansion Cost Participation Agreements 400,000
5-024 Holland Road - Phase VI Water Improvements 90 000
(VDOT) '
5-067 Courthouse and Sandbrxdge Tank Modif~catzons 230,000
5-071 Americus Ave Water Improvements - 51% Program 5,000
5-072 Maxey Manor Water Improvements - 51% Program 70,000
5-085 Lynnhaven Pump Statzon Modifications - Phase II 100,000
5-092 Landstown Yard Improvements - Phase III 160,000
5-100 Sierra Drive Water Improvements 200,000
5-118 Computer~zed Mapping System 150,000
5-129 Potable Wells Evaluatxon Program 225,000
5-131 Tank Upgrade Program - Phase II 750,000
5-138 Comprehensmve Water Master Planning Phase IV 300,000
5-139 Small Line Improvements - Phase IV 100,000
5-140 Various Roadway/Stormwater Coordination Phase 200 000
IV '
5-141 Water Request and Agreements Phase IV -51% 150,000
Program
5-146 Atlantic Ave Water Line Abandonment 100,000
5-207 Laskin Road Improvements - Phase I (VDOT) 125,000
5-708 Resort Area Neighborhood Revitalization 120,000
Total Water Utility Projects: $ 4,075,000
Sewer Utzlzty ProTects
6-018 Comprehensive Sewer Evaluat~on/Rehabilztation
Program
6-019 Resort Area Neighborhood Revitalization
6-028 Comprehensive Emergency Response and Plannmng -
Phase I
L~ttle Neck Point Sewer Improvements - 51%
6-030
Program
6-031 Sewer Appurtences Evaluation
6-038 Sewer SCADA System Upgrade
North Landing Road/West Neck Road Sewer
6-039
Improvements
6-046 Computermzed Mappzng System
500,000
1,250,000
100,000
1,850,000
2OO,OO0
200,000
190,000
150,000
Project
Number Projects
Appropriation
FY 2002-2003
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
6-063 Central Business District System Upgrade
Infiltration, Inflow, and Rehabilitation -
6-065
Phase IV
Various Roadway/Stormwater Coordznation Phase
6-067
IV
Sewer Requests and Agreements - Phase IV (51%
6-068
Program)
B~rdneck Road Sewer Improvements - Phase II
6-069
(VDOT)
6-071 Comprehensive Sewer Master Planning - Phase III
6-072 Bow Creek Neighborhood Park Sewer Improvements
6-075 Laskin Road Sewer Improvements - Phase I (VDOT)
6-076 Americus Ave. Sewer Improvements
6-081 Laskin Road Phase II and Gateway Improvements
6-082 Systems Expansion Cost Partlc~patzon Agreements
- Phase I
6-083 Auxiliary Power Program - Sewer Pump Stations
6-084 Maxey Manor Sewer Improvements - 51% Program
6-102 Princess Anne Commons Sewer Improvements
6-138 Landstown Yard Improvements - Phase III
6-149 Princess Anne Sewer Force Main Phase IV (VDOT)
6-938 Princess Anne Plaza Rehabilitation
Total Sewer Utility Projects:
90,000
710,000
300,000
500,000
200,000
300,000
50,000
60,000
5,000
210,000
400,000
200,000
410,000
1,000,000
160,000
75,000
1,504,292
$ 10,614,292
Storm Water Projects
7-004 Storm Water Infrastructure Rehabilitation $ 50,000
7-005 North Lake Holly Watershed 1,462,709
7-010 Elizabeth R~ver Shores 90,883
Southern Canal/Lead D~tch and Culvert
7-024 100,000
Improvements
7-025 Upper West Neck Creek Improvements 200,000
7-063 Neighborhood Storm Water Infrastructure 804,374
Improvements
7-067 Primary System Infrastructure Improvements 1,158,465
7-091 Residential Drainage Cost Participation Program 200,000
7-145 Arctic Avenue - Baltic Avenue 1,367,471
7-183 Storm Water Quality Enhancements 57,075
7-281 Larkspur Drainage 203,333
Total Storm Water Utility Projects: $ 5,694,310
Total Qualxty Physical Environment Projects: $ 51.501.~89
Cultural and Recreational Opportunities
3-275 Virginia Marine Science Museum Renewal and
Replacement
3-283 Pavilion Theater Replacement
4-004 Open Space Program Site Acquzsition
4-009 Community Recreation Centers Renewals and
Replacements
4-010 Existzng Tra~ls Repairs
4-020 Shore Drzve Corridor Trails
4-028 Multi-Use Recreatmonal Fields
4-033 Munzcipal Skate Parks
4-936 Rec Office and Storage Facility at School Sites
Dlstr~ct/Communmty Park Development and
4-949
Renovations (On-Going)
4-950 Neighborhood Park Development (On-Gozng)
4-954 Tennis Court Renovations (On-Going)
4-955 Athletic Fields Upgrading and Lightzng
Golf Course Infrastructure and Equzpment (On-
4-959
Going)
4-964 VBOP Greenways/Scen~c Waterways
4-970 Park Playgrounds Renovations
4-971 Mount Trashmore Park - Renovations
Total Cultural and Recreatzonal Opportunities
Projects:
$ 75,000
19,850,000
1,000,000
450,000
250,000
300,000
1,700,000
300,000
100,000
425,000
275,000
200,000
50,000
60,000
100,000
200,000
3OO,O0O
$ 25,635,000
Project
Number Projects
Appropriation
FY 2002-2003
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
Quality Education and Lifelonq Learninq
Renovations and Replacements - Energy
1-001
Management
School Plant/Supply (Maintenance) Facility
1-028
Evaluatzon
1-029 Laskin Road Annex - Faczlity Master Plan
1-031 Academy Facility Study
Technzcal & Career Ed Center - Automotive
1-032
Servzces Eqpmt.
1-062 ADA School Modifications
1-074 Renovations and Replacements - Various
1-083 Renovations and Replacements - Reroofing
1-084 Renovations and Replacements - HVAC Systems
1-090 Elementary School 2005
1-196 Instructional Technology
1-201 Renovation and Replacements - Grounds
1-220 Kempsv~lle Elementary School Modernization
1-221 Malibu Elementary School Modernization
1-222 Pembroke Elementary School Modern~zatzon
1-223 Lynnhaven Elementary School Modernization
1-224 Trantwood Elementary School Modern~zatzon
1-225 Hermitage Elementary School Replacement
1-228 Brookwood Elementary School Modernzzat~on
1-229 Pembroke Meadows Elem. School Modernization
1-232 Tennis Court Renovations
3-262 T~dewater Community College Expansion
3-447 Library Renovations and Replacements
Total School Projects:
3-198 CIT
3-038
3-100
3-114
3-200
3-212
3-213
3-214
3-216
3-217
3-273
3-446
Policy and Decision Support
- Electronic Ballot System
Total Policy and Dec~sion Support Projects:
Operational Support
Various Buildzngs Rehabilitation and Renewal
Various Buildings HVAC Rehab~litatzon Renewal
Community Color Project
CIT - Revenue Assessment and Collectzon System
CIT - IT Network Infrastructure Replacement
CIT - Maznframe Replacement
CIT - Code Enforcement Database
CIT - Section 8 Database Replacement
CIT - Mental Health Client Information System
CIT - Video Servzces Relocation
Communzcation System Upgrades
Total Operational Support Projects:
Total Capztal Budget:
$ 1,097,100
85,000
65,000
75,000
75,000
500,000
1,745,820
4,214,668
2,479,700
600,000
2,319,000
462,000
325,000
325,000
400,000
4,694,001
7,186,394
7,894,808
500,000
600,000
100,000
2,883,500
3,405,256
S 42.032.247
$ 2,000,000
$ 2,000,000
282,376
445,216
50,000
3,500,000
156,000
755,000
250,000
140,000
1,000,000
617,755
3,424,000
S 10.620.347
310.332.578
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
Attachment B - F~nanc~ng Sources
Financ~nq Sources
Charter Bonds
Community Development
Federal Contribution
Fund Balance
General Appropriations
Lease-Purchase
Private Contribution
Sale of Property
State Contribution
Storm Water Utility Fund
Water and Sewer Utility Fund
Water and Sewer Revenue Bonds
Capital
FY 2002-2003
57,300,000
75,000
140,000
10,771,480
28,413,536
178,088,000
225,000
6,380,850
13,124,402
3,734,310
5,150,000
6,930,000
Total Financing Sources: $ 310,332,578
320
Pro~ects
Attachment C - Transfers
Appropriation
Prior to
FY 2002-2003
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
Economic Vitality
Transfer To:
9-026 Atlantic Ave Trolley Lanes/Traffzc Mgt. $
Plan (Partzal) Revenue Reduction
Total Transfer To: $
T r a n s f e r
From:
9-026 Atlantic Ave Trolley Lanes/Traffic Mgt. $
Plan (Partial)
Total Transfer From: $
Transfer To:
3-118
3-441
Safe Community
Fire Training Center Improvements
(Revenue Reduction)
Correction Center Addition III/Bldg
Malnt & Landscape Reloc (Revenue
Reduction)
Total Transfer To:
1,005,000
Transfer
From:
3-118
3-441
3-403
F~re Trainzng Center Improvements
Correction Center Addition III/Buldg
Maint & Landscape Reloc
Correction Center Sprinkler System and
HVAC System
Total Transfer From:
1.005.000
1,005,000
Quality Physical Environment
Roadway Proj
Transfer To:
2-065
2-072
2-075
2-076
2-121
2-165
2-285
ects
Elbow Road Extended - Phase II-A
First Colonial Rd/VA. Beach Blvd.
Intersection Imp. (Revenue Reduction)
Salem Road - Phase II (Revenue
Reduction)
Lask~n Road Gateway (Revenue Reduction)
N~mmo Parkway - Phase V-A (VDOT)
(Revenue Reduction)
Lask~n Road - Phase II (VDOT) (Revenue
Reduction)
Traffzc Safety Improvements - Phase II
Total Transfer To:
1,005.000
Transfer
From:
2-025
2-049
2-072
2-075
2-076
2-087
2-091
2-096
2-121
2-145
2-167
2-257
2-165
Wztchduck Road - Phase II(VDOT) (Partzal)$
Intersection Capacity Improvements
First Colonial Rd/Va. Beach Blvd.
Intersection Imp. (Revenue Reduction)
Salem Road Phase II (VDOT)
Laskin Road Gateway (Revenue Reduction)
West Neck Road (VDOT)
Nimmo Parkway-Phases II & III
(Partial) (VDOT)
Ferrell Parkway - Ph V (Partial) (VDOT)
N~mmo Parkway - Phase V-A (VDOT)
Wesleyan Dr~ve (VDOT)
Lynnhaven Parkway-Phase XI (VDOT)
Lynnhaven Parkway/Volvo Parkway (VDOT)
Laskin Road - Phase II (VDOT)
500,000
[,047,720
$ 1,547,720
$ 500,000
996,323
51,397
$ 1,547,720
395,000
800,000
821,260
360,000
55,740
1,170,000
90,990
$ 3,692,990
50,000
50,000
300,000
721,260
360,000
120,000
85,000
41,250
14,490
100,000
400,000
90,000
1,211,000
10
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
Projects
Appropriation
Prior to
FY 2002-2003
2-931
Wltchduckduck Road - Phase I
(VDOT) (Partial)
Total Transfer
From:
149,990
$ 3,692,990
Coastal ProTects
Transfer To
8-008 Beach Replenzshment
8-077 Cztywide Sand Replenishment Pro]ect
(Revenue Reduction)
Transfer
From:
8-077
Citywide Sand
Total
$ 755,767
$ 519,261
Transfers To:$
Replenishment Project $
Total Transfers From:$
1,275,028
1,275,028
1,275,028
Water
and Sewer Utility Proqects
Transfer To:
5-013 Water SCADA System Upgrade
5-146 Atlantic Ave Water L~ne Abandonment
6-019 Resort Area Neighborhood Revitalization
6-034 Pump Station Modifications - Phase III
6-038 Sewer SCADA System Upgrade
6-065 Infiltration, Inflow, and Rehabilitation
- Phase IV
6-066 Pump Station Modifications - Phase IV
(Partial)
6-071 Comprehensive Sewer Master Planning -
Phase III
6-084 Maxey Manor Sewer Improvements - 51%
Program
Total Transfers To:
$ 74,000
100,000
236,000
1,798
167,000
1,190,000
3,600,000
87,244
100,000
$ 5,556,042
Transfer
From:
5-004
5-009
5-012
5-015
5-065
5-068
5-081
5-095
5-104
5-108
5-134
5-142
5-603
6-009
6-015
6-023
6-029
6-033
6-036
6-047
Dam Neck Tank
Salem Road/Highland Acres - 51% Program
Princess Anne Commons Water Improvements
Salem Road/Landstown Rd.
Nimmo Parkway Station
Thunderbird Drive Water Improvements -
51% Program
Sherry Park Water Improvements - 51%
Program
Various Roadway/Stormwater Coordination
- Phase III
Calverton Lane Water Improvement - 51%
Program
Stumpy Lake Water Improvements - 51%
Program
Wagner Street/Rodriguez Dr. Water
Improvements - 51% Program
Chloramines Feed Facilities
Control Center Modernization
Salem Road "D"
Infiltration, Inflow, and Rehabilitation
- Phase II
Indman River Road South Sewer
Improvements
Princess Anne/Courthouse/Holland Rd.
Infiltration, Inflow, and Rehabilitation
- Phase III
Sewer Requests and Agreements - Phase
III (51% Program)
19th Street Utility Improvements
21,517
2,904
830,000
50,000
33
11,915
350,000
100,000
90,352
320,000
80,000
24,313
74,527
10,444
13,930
120,000
6,112
1,798
106,106
25,578
11
402
403
404
405
406
407
408
409
410
411
412
Projects
6-056
6-060
6-064
6-103
6-931
6-939
6-972
Spzgel/South Spigel Drive
Wagner Street/Rodriguez Dr. Sewer
Improvements - 51% Program
Sewer Pump Station Alarm System
Lake Ridge Interceptor Force Main
Sandbridge
Comprehensive Sewer Study - Phase II
Alanton
Total Transfers From:
Storm Water ProTects
Transfer To:
7-145 Arctic Avenue-Baltic Avenue
7-902 North Beach Drainage
Total Transfer To:
Appropriation
Prior to
FY 2002-2003
19,000
220,552
167,686
1,890,000
300,000
85,556
600,000
$ 5,522,323
$ 278,529
25,000
$ 303,529
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
Transfer
From:
7-144
7-181
7-819
Sandbridge Drainage Improvements
Pocahontas Vzllage Drainage System
Improvements
Ocean Park Storm Drainage
Total Transfer From:
237,690
31,310
34,529
Transfer To:
3-275
4-015
4-950
Cultural and Recreational Opportunities
Virginia Marine Science Museum Renewal
and Replacement
Little Island District Park -
Replacement Restroom Facility
Nezghborhood Park Development (on-gozng)
Total Transfer To:
$ 303,529
Transfer
From:
9-010 Virginia Marine Science Museum
4-954 Tennis Court Renovations
Total Transfer From:
200,000
100,000
100,000
$ 400,000
Transfer
To:
1-023
1-201
Quality Education and Life Lonq Learninq
Landstown H~gh School/Princess Anne RoadS
Pedestrian Bridge
Renovations and Replacements - Grounds
Total Transfer To: $
T r a n s f e r
From:
1-046 Landstown High School
1-238 Kemps Landing Conversion
1-240 Bayside M~ddle School Addition
Total Transfer From:
200,000
$ 200,000
$ 400,000
500,000
288,000
788,000
500,000
120,000
168,000
$ 788,000
12
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22
23
24
25
26
27
28
29
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32
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF GENERAL OBLIGATION BONDS IN THE
MAXI~ AMOUNT OF $59,300,000 FOR
VA/~IOUS PUBLIC FACILITIES AND GENERAL
IMPROVEMENTS
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
desires to authorize the issuance of general obligation public
improvement bonds for various purposes in the maximum amount of
$59,300,000, as permitted by the City Charter, withou~ submitting
the question of their issuance to the qualified voters.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That it is hereby determined to be necessary and
expedient for the City to construct and improve various public
facilities and make general improvements, all of which will
promote the public welfare of the City and its inhabitants and
will facilitate the orderly growth, development, and general
welfare of the City, and to finance the costs thereof through the
borrowing of $59,300,000 and issuing the City's general
obligation bonds therefor.
2. That pursuant to the City Charter and the Public
Finance Act of 1991, there are hereby authorized to be issued
public improvement bonds of the City in the maximum amount of
$59,300,000, to provide funds, together with other funds that may
be available, for various public improvements, including Schools,
Roadways, Coastal projects, Economic and Tourism projects,
Buildings, and Parks and Recreation projects for project
activities that include, but not limited to, the following:
preliminary studies and surveys, permit compliance, environmental
assessment, planning, design, engineering, site acquisition,
relocation of residents, utility relocation, construction,
renovation, expansion, repair, demolition, s~te improvement, site
work, legal services, inspection and support services, furniture
and equipment, and contingencies.
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44
45
46
47
48
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3. That the bonds may be issued as a separate issue or
combined with bonds authorized for other purposes and sold as
part of one or more combined issues of public improvement bonds.
4. That the bonds shall bear such date or dates, mature at
such time or times not exceeding 40 years from their dates, bear
interest, be in such denominations and form, be executed in such
manner and be sold at such time or times and in such manner as
the Council may hereafter provide by appropriate resolution or
resolutions.
5. That the bonds shall be general obligations of the City
for the payment of principal, premium, if any, and interest on
which its full faith and credit shall be irrevocably pledged.
6. That the City Clerk is directed to make a copy of this
ordinance continuously available for inspection by the general
public during normal business hours at the City Clerk's office
from the date of adoption hereof through the date of the issuance
of the Bonds.
7. That the City Clerk, in collaboration with the City
Attorney, is authorized and directed to immediately file a
certified copy of this ordinance with the Circuit Court of the
City of Virginia Beach.
8. That this ordinance shall be in full force and effect
from its passage.
58
Adopted by the Council of the City of Virginia Beach,
Virginia on this 14th day of May, 2002.
6O
Requires eight affirmative votes for adoption.
CA-8467
ORDIN/NONCODE/$59, 300, 000 G.O. Bonds.Ord
RI - April 23, 2002
APPROVED~~AS ~
Management Services
APPROVED AS TO LEGAL SUFFICIENCY'
l0
17
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2!
24
25
27
29
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33
34
AN ORDINANCE AUTHORI ZING THE
ISSUANCE OF WATER AND SEWER SYSTEM
REVENUE BONDS IN THE MAXIMUM AMOUNT
OF $6,930,000
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
desires to authorize the issuance of water and sewer system
revenue bonds in the maximum amount of $6,930,000 for financing
improvements and expansions to the City's water and sewer system
(the "System"), as permitted by the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That it is hereby determined to be necessary and
expedient for the City to continue ~ts program of improving and
extending the System, which will promote the public welfare of
the City and its inhabitants and will facilitate the orderly
growth, development, and general welfare of the City, and to
finance the costs thereof through borrowing $6,930,000 and
issuing the City's revenue bonds therefor.
2. That pursuant to the City Charter and the Public Finance
Act of 1991, there are hereby authorized to be issued water and
sewer system revenue bonds of the City in the maximum amount of
$6,930,000 to provide funds, together with other available funds,
for financing the costs of improvements and expansions to the
System.
3. That the bonds shall bear such date or dates, mature at
such time or times not exceeding 40 years from their dates, bear
interest, be in such denominations and form, be executed in such
manner and be sold at such time or times and in such manner as
the Council may hereafter provide by appropriate resolution or
resolutions.
4. That the System is an undertaking from which the City
may derive a revenue. The bonds shall be l~mited obligations of
the City, payable as to principal, premium, if any, and interest
solely from the revenues derived by the City from the System, and
shall not be included within the otherwise authorized
37
39
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43
44
45
47
49
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54
57
59
63
67
indebtedness of the City. The bonds shall not be deemed to
create or constitute an indebtedness of, or a pledge of the faith
and credit of, the Commonwealth of Virginia or of any county,
city, town, or other political subdivision of the Commonwealth,
including the City. The issuance of the bonds and the
undertaking of the covenants, conditions, and agreements to be
contained in resolutions to be adopted or agreements to be
entered into hereafter shall not directly, indirectly, or
contingently obligate the Commonwealth, the City, or any other
political subdivision of the Commonwealth to levy and collect any
taxes whatsoever or make any appropriation therefor, except from
the revenues pledged to the payment of the principal of and
premium, if any, and interest on the bonds.
5. That such resolutions to be adopted and agreements to be
entered into hereafter authorizing the issuance of the bonds and
providing the details thereof shall contain appropriate covenants
requiring the City to fix, charge, and collect such rates, fees,
and other charges for the use of and the services furnished by
the System and to revise the same from time to time and as often
as shall be necessary so as to produce sufficient net revenues to
pay principal of and premium, if any, and interest on the bonds
as the same become due and to provmde a margin of safety
therefor. Such resolutions and agreements shall also mnclude
such additional covenants, agreements, and other terms as are
customary for the protection of the holders of water and sewer
revenue obligations.
6. That the City Clerk ms directed to make a copy of this
ordinance continuously available for inspection by the general
public during normal business hours at the City Clerk's office
from the date of adoptmon hereof through the date of the issuance
of the bonds.
7. That the City Clerk, in collaboration with the City
Attorney, is authorized and directed to immedmately file a
69
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certified copy of this ordinance with the Circuit Court of the
City of Virginia Beach.
8. That this ordinance shall be in full force and effect
from its passage.
73
74
Adopted by the Council of the Czty of Virginia Beach,
Virginia on this 14th day of May, 2002.
CA-8468
ordinknoncodek$6,930,000 Water and Sewer Bonds.ord
April 23, 2002
RI
APPROVED AS TO CONTENT'
Management Se
APPROVED AS TO LEGAL
SUFFICIENCY'
City Attorney'~l-Offi~ce~
Item 1.3.
- 30-
ORDINANCES/RESOL UTION
ITEM # 49615
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Or&nance to declare EXCESS PROPERTY on a parcel of land at Salem
Road and Lynnhaven Parkway and AUTHORIZE the Ctty Manager to
convey property to RPA Salem Lynnhaven, LLC.
(CENTER VILLE- DISTRICT 1)
Vottng 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms,
dr and Rosemary Wtlson
Council Members Voting Nay
Reba S McClanan
Counctl Members Absent
None
May 14, 2002
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING CITY
MANAGER TO CONVEY SAME TO RPA SALEM
LYNNHAVEN, LLC
WHEREAS, the City of Vlrgima Beach acqmred ownership ofa certmn parcel of real
6 property containing approximately 659 acres, located at Salem Road and Lynnhaven Parkway
7 (GPIN: 1475-85-4909) in the CltyofVlrglmaBeach, V~rglma~ (the Property) recorded in Deed Book
8 3746, at page 1455; and
WHEREAS, the City Council ~s of the opinion that the Property is ~n excess of the
needs of the City of Virginia Beach and should be sold to RPA Salem Lynnhaven, LLC
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA'
13
1. That the following described Property is hereby declared to be in excess of
14 the needs of the City of V~rglma Beach and that the City Manager is hereby authorized to convey the
smd Property to RPA Salem Lynnhaven, LLC.
16
17
18
19
20
21
22
23
24
25
26
All that certain lot, piece or parcel of land situate in the C~ty of
Vtrglma Beach, Virginia, and designated and described as "659
ACRES" as shown as on that certain plat entitled: "PLAT SHOWING
PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH
FROM SHIRLEY A BUCKNER t/a WADSWORTH
ENTERPRiSES FOR SALEM ROAD. CIP 2-930 KEMPSVILLE
BOROUGH .... VIRGINIA BEACH, VIRGINIA SURVEY
BUREAU ENGINEERING DIVISION DEPARTMENT OF
PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA
DATE MAY 30, 1997 SCALE 1"=25' ", a copy of which is
attached hereto as Exhibit A
27
2 That Fifty Thousand Dollars ($50,000.00) is to be the sale price of the
28
Property.
29
3. That Property shall be conveyed subject to all restrictions and easements of
3O
record and subject also to the following covenants, conditions and restrictions with
31
the final wording thereof to be satisfactory to the City Attorney
32
a. No structure shall be constructed on the Property other than in
33
connection with the proposed entrance, landscaping, access road and
34
stormwater management famhty, all as shown on the s~te plan for the
35
proposed development of the Property and the adjacent property as
36
prevtously submitted to the City of Virginia Beach Department of
37 Planning
3 8 b. Prior to the commencement of any construction, the Property must be
39
resubdlwded into the adjacent property to be conveyed to RPA Salem
4O
Lynnhaven, LLC so as to ebm~nate all ~ntenor lot lines
41
c. RPA Salem Lynnhaven LLC shall prowde cross access easements to
42
and across the Property for ~ngress/egress from and to the adjacent
43
commercial properties as noted in that certain "Amended and
44
Restated Declaration of Easements, Covenants and Restrictions"
45
dated April 1,2002, and recorded ~n Office of the Clerk of the C~rcmt
46
Court of the C~ty of V~rglnla Beach ~n Deed Book 4678 at Page 744
47
(the "Declaration") and the emst~ng shopping center to Salem Road,
48
all as set forth ~n the Declaration. Such cross access easements shall
49
be subject to the approval of the C~ty Attorney.
50
d. The Property shall only be used for an access road, a stormwater
51
management faclhty and landscaping.
52
4 The Property shall be conveyed subject to any ad&tlonal condlt~ons,
53
restrictions or covenants as may be deemed necessary by the C~ty Manager and/or
54
the C~ty Attorney.
55
Th~s ordinance shall be effective from the date of its adoption.
56
Adopted by the Council of the City of Vlrglma Beach, V~rglma, on the 1 4 day of
57
58
59
CA- 8448
PREPARED' May 6, 2002
h; OVED AS TO CONTENT
Works
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Exhibit "A"
LOCATION MAP
SITE
SCALE : 1" -- 1,600'
1475.85-4909
I
/
/
/
!
I
t
·
·
r-'
WELL ~'~
LYNNHAVEN pKWY.
LYNNHAVEN pKWY.
WER E~E. - - '""
.... ::-:- LOCATION MAP
:OTH DR~.IN~GE EAS~:HENT
EXCESS CITY PROPERTY
SALEM RD./LYNNHAVEN PKWY.
lC .659 ACRES
(]PIN 1475-85-4909
SCALE: 1" = 100'
SALEM JIM.DGN MJ.S. PREPARED BY P/W ENG. DRAFT. 09-APR-2002
.,,I
r
/
/
/
t
,%,
J
Item 1.4.
- 31 -
ORDINANCES/RES OL UTION
ITEM # 49616
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordmance to declare EXCESS PROPERTY and dtspose of same by a
DEED OF EXCHANGE for the condemned property owned by ULYSSES
T. and YVONNE S. BROWN; and, AUTHORIZE the Ctty Manager to
execute a Deed of Exchange
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, lZtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members P'ottng Nay
None
Counctl Members Absent
None
May 14, 2002
ORDINANCE NO.
AN ORDINANCE TO DECLARE CERTAIN
CITY PROPERTY EXCESS AND AUTHORIZE
THE CITY MANAGER TO DISPOSE OF SAME
BY EXECUTING A DEED OF EXCItANGE
WITH ULYSSES T. BROWN AND YVONNE S.
BROWN IN SETTLEMENT OF A
CONDEMNATION ACTION
WHEREAS, the C~ty Council of the Clty of Virginia Beach has authorized and
9 funded First Colomal Road Phase III (CIP 2-833)/Oceana Boulevard W~demng (CIP 2-002), for
right-of-way purposes ~n the Clty of Virginia Beach,
WHEREAS, the C~ty of V~rglma Beach owns property located at 229 First Colomal
Road, Virginia Beach, Vlrglma and uses ~t as a pubhc park,
13
WHEREAS, Ulysses T Brown and Yvonne S Brown own the property located at 225
14 First Colonial Road, Virginia Beach, Virginia, wtuch 1s adjacent to the Clty's property referenced
~L 5 above The Browns developed their property in 1985 During construction, the Brown's parking
lot and curb were built five (5) feet on the Clty's property, due to an apparent survey error The
encroachment was unauthorized,
WHEREAS, the City of Virginia Beach recorded Certificate of Take No 1515 in the
amount of $8,000 00 agmnst the Browns for 360 Sq Ft (0 008 Ac ) Take Area, 69 Sq Ft (0 001
20 Ac ) Drainage Easement, 1,137Sq Ft (0 026Ac )VlrglnlaPowerEasement, and741Sq Ft (0017
21 Ac ) Bell Atlantic Easement, for the First Colonial Road Phase III (CIP 2-833)/Oceana Boulevard
22 Widening (CIP 2-002) (225 First Colonial Road), as shown on that certain plat entitled "PLAT
23 SHOWING PROPERTY TO BE ACQUIRED FOR OCEANA BOULEVARD & FIRST COLONIAL
2 4 ROAD EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM
2 5 PARCEL 060, ULYSSES T & YVONNE S BROWN," Scale 1"=30', dated 03/03/98, prepared by
2 6 Patton Harris Rust & Assocmtes, PC, whlch plat 1s duly recorded in the Clerk's Office of the Circuit
2 7 Court of the C~ty of Virginia Beach, Virginia, ~n Map Book 277, at page 89, Exhibit A (the
2 8 "Condemned Land and Easements"),
29
WHEREAS, the Browns claim approximately $60,000 ~n damage due to loss of
3 0 parking area as a result of the condemnation,
WHEREAS, the City Council Is of the opinion that 1,352 Sq Ft (0 03 Ac ), of the
3 2 property acquired in Deed Book 257, at page 462 is in excess of the needs of the C~ty of Virginia
33 Beach, as shown as Parcel "A- 1" GPIN 2407 85 0272 on the plat entitled "RESUBDMSION PLAT
34 PARCELS A-I" AND B-I" BEING A RESUBDIVISION OF PARCEL "A", ULYSSES T. &
3 5 YVONNE S BROWN (MB 23 PG 99) AND THE CITY OF VIRGINIA BEACH (MB 23 PG. 34),
3 6 VIRGINIA BEACH, VIRG~," a copy of which is attached hereto as Exhibit B,
37
WHEREAS, the City of Virginia Beach and the Browns have agreed to exchange
3 8 property to resolve the pending condemnation claim and the encroachment. Under the proposed
39 settlement agreement, the Cltywould convey 1,352 Sq Ft (0 03103 Ac ), whmhis described above,
4 0 in exchange for the Condemned Land and Easements and any related damages. The exchange is an
41 equal value exchange, according to the City's apprmser
42
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
4 3 VIRG1NIA BEACH, VIRGINIA
44
1 That the City Property described as 1,352 Sq Ft (0.03103 Ac ), as shown
4 5 above and also shown on the plat marked as Exhibit B is hereby declared to be ~n excess of the
4 6 needs of the City, and that the C~ty Manager is hereby authorized to execute an Agreement After
4 7 Certificate and Exchange Agreement to exchange smd City Property for the Condemned Land and
4 8 Easements, described above and shown on the plat marked as Exhibit A and any damages claimed,
4 9 ~n settlement of the condemnanon action and to resolve the encroachment.
5O
2 That the City Manager is authorized to execute a Deed of Exchange w~th the
5 3. Browns ~n accordance wath the attached Summary of Terms and such other terms, conditions or
5 2 modifications as may be satisfactory to the C~ty Attorney
53
This ordinance shall be effective from the date of its adopnon
54
Adopted by the Council of the C~ty of Vlrglma Beach, Virginia, on the 1 4 day
55
of ~_y ,2002
THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED
January 22, 2002
~pr°veg, as ~0 C°ntent
./bepartment of Public Works
Office of Real Estate
Approved as to Legal
City Attorney
.<
iii il i
I
EXHIBITB ,,/,, ' .....
T ~
NOT O,...S C A!~._;~ '~..,,
iON)
i
,i1
$
_1
PREPARED BY THE VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3) AND
58 1o811(c)(4)
THIS DEED OF EXCHANGE, made thiso~Lday of/~OA~, 2002, by and
between ULYSSES T. BROWN and YVONNE S. BROWN, husband and wife (for indexing
purposes, both "Grantor" and "Grantee"), whose address is 2328 Sandfiddler Road, Virginia
Beach, Virginia 23456-4614, and the CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia (the "City" and for indexing purposes, both "Grantor" and
"Grantee").
WITNE S SETH:
That for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand
paid, and other good and valuable consideration, the receipt of which is hereby acknowledged,
Ulysses T. Brown and Yvonne S' Brown do hereby grant and convey, with SPECIAL
WARRANTY unto the City, the following described property, to-wit:
All that certmn lot, tract or parcel of land together with the
improvements thereon, situate, lying and being in the C~ty of
Virginia Beach, V~rginia, designated and described as "TAKING
AREA - 360 S.F. (0.008 Ac.)" and as shown on that certain plat
entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED
FOR OCEANA BOULEVARD & FIRST COLONIAL ROAD
EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH,
VIRGINIA FROM PARCEL 060, ULYSSES T. & YVONNE S.
BROWN", Scale: 1"=30', dated 03/03/98, prepared by Patton
Hams Rust & Associates, PC, which plat is duly recorded in the
Clerk's Office of the C~rcuit Court of the C~ty of Virginia Beach,
V~rg~ma, ~n Map Book 277, at page 89, to which reference is made
for a more particular description. Said take area is located
between the western boundary of First Colomal Road and the line
designated as "PROP. R/W" on the aforesmd plat.
Together with the permanent right and easement to use the
additional area(s) designated and described as "PROP. PERM.
DRAINAGE ESMT. = 69 S F. 0.001 Ac." as shown on the
GPIN NOS: 2407-85-0230 & 2407-75-7454 (Portion)
aforesaid plat and being reqmred for the proper construction and
maintenance of drainage fatalities.
Together with 1,137 sq. ft. Virginia Power easement designated
and described as "PROP. PERM. VA. POWER ESMT." as shown
on the aforesaid plat.
Together with 741 sq. ft. Bell Atlantic easement designated and
described as "PROP. PERM. BELL ATLANTIC ESMT." as
shown on the aforesaid plat.
It being a part of the same property conveyed to Ulysses T. Brown
and Yvonne S. Brown, husband and wife, from Joseph C. Lynch,
et ux by Deed dated January 6, 1984, duly recorded in the
aforesaid Clerk's Office in Deed Book 2320, page 243.
This conveyance is made subject to any covenants, conditions, and restrictions in
the chain of title constituting constructive notice.
The above easements shall not prevent the Browns or their successors from using
,.
the easement area for ingress/egress, parking or other uses, so long as such use does not interfere
with the facilities installed within said easements.
AND, for and in consideration of the sum of ONE DOLLAR ($1.00) cash in hand
paid, and other good and valuable consideration, the receipt of which is hereby acknowledged,
the City does hereby grant and convey, with SPECIAL WARRANTY unto Ulysses T. Brown and
Yvonne S. Brown, the following described property, to-wit:
All that certmn lot, p~ece, or parcel of land, situate, lying and being
in the City of Virginia Beach, Virginia, designated and described
as a strip or parcel of land being eight feet (8') in width, more or
less, and further being described as:
BEGINNING at an iron pin at the northwest comer of that parcel
of land presently owned by Ulysses T. & Yvonne S. Brown and
known as Parcel A as shown on that certain plat recorded in the
Office of the C~rcmt Court of the City of V~rg~nia Beach in Map
Book 23 at page 99, and leaving said beginning point and said
Brown parcel and runmng through a parcel of land known as
School Recreatmn Grounds as shown on that certain plat recorded
in said Clerk's office ~n Map Book 23 at page 34 presently owned
bythe City of Virginia Beach N. 04° 54' 32" E., a distance of 8.00
feet to an iron pin set in concrete; Thence running S. 84° 21' 28"
E., a distance of 168.49 feet to an iron pin set in concrete located
on the western fight-of-way line of First Colonial Road; Thence
running along the said western right-of-way line of said road with
a curved line to the left having a radius of 619.96 feet, a central
angle of 00° 44' 46", and an arc length of 8.07 feet to a point in the
northern line of said Brown parcel; Thence leaving said right-of-
way line and running along the common division line between said
Brown and City parcels of land, N. 84 o 21' 28" W., a distance of
169.47 feet to the POINT OF BEGINNING, containing one
thousand three hundred fifty two square feet ( 1,352 Sq. Ft. ), more
or less, all as shown on that certain plat entitled:
"RESUBDIVISION PLAT PARCELS A-1" AND B-I" BEING A
RESUBDIVISION OF PARCEL "A", ULYSSES T. & YVONNE
S. BROWN (M.B. 23 PG 99) AND THE CITY OF VIRGINIA
BEACH (M.B. 23 PG. 34), Xr[RGINIA BEACH, VIRG~,"
dated January 18, 2002 and prepared by the Department of Public
Works of the C~ty of V~rgxma Beach, which plat is duly recorded
in the Office of the Clerk of the C~rcuit Court of the City of
V~rgima Beach, Virginia, in Map Book , at page , to
whmh reference is made for a more pamcular description.
IT BEING a part of the same property conveyed to the City of
Virginia Beach (formerly County of Princess Anne) by Deed dated
July 26, 1948, from Lucy G Potter, widow, et al., duly recorded
in the aforesmd Clerk's Office in Deed Book 257, at page 462.
IT BEING a part of the same property conveyed to the City of
Virginia Beach (formerly County of Princess Anne) by Deed dated
July 26, 1948, from Lucy G~ Potter, widow, et al., duly recorded
in the aforesatd Clerk's Office xn Deed Book 257, at page 462.
By executmn of this instrument, Ulysses T. Brown and Yvonne S. Brown,
acknowledge that the plans for First Colomal Road Phase 11I (CIP 2-833)/Oceana Boulevard
W~dening (CIP 2-002), (the "Project") as they affect their property have been fully explmned to
them.
It is understood and agreed that the consideration hereinabove mentioned and paid
to Ulysses T. Brown and Yvonne S. Brown, constitutes payment in full for the property and
interests hereby conveyed by them and for damages, if any, resulting fi.om the Project and use
made by the City of the property and interests conveyed by them herein.
WITNESS the following signatures and seals:
Ulys e~'~ T Brown
~vo~e S. Brom
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
BY
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Smith, City Clerk
STATE OF
CITY/COUNTY OF//~
~£~ d./-/ , to-wit:
The foregoing instrument was acknowledged before me this eT,___~'~_ day of
My comm~ssmn expires:
,2002, by Ulysses T Brown and Yvonne S. Brown, husband and
Nol~ar~ iaublic
f/-.~c, -'
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, of the City of Virginia Beach, Virginia, on its behalf.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
,2002, by Ruth Hodges Smith, City Clerk, on behalf of the City of Virginia Beach,
V~rginia.
Notary Public
My commission explres'
APPROVED AS TO FORM AND
ACCEPTED ON BEHALF OF THE
CITY OF VIRGINIA BEACH
CITY ATTORNEY
F XDataXATY~Forms\COND\WORKINGXFC\rp4380 ded exc
SUMMARY OF TERMS
AGREEMENT FOR THE EXCHANGE OF EXCESS CITY OWNED PROPERTY
LOCATED AT 229 FIRST COLONIAL ROAD CONSISTING OF 1,351 SQ. FT. (0.03103
AC.) FOR PROPERTY OWNED BY ULYSSES T. BROWN AND YVONNE S. BROWN
LOCATED AT 225 FIRST COLONIAL ROAD CONSISTING OF 360 SQ. FT. (0.008
AC.) TAKE AREA; 69 SQ. FT. (0.001 AC.) DRAINAGE EASEMENT; 1,137 SQ. FT.
(0.026 AC.) VIRGINIA POWER EASEMENT; AND 741 SQ. FT. (0.017 AC.)
BELL ATLANTIC EASEMENT
CITY PARCEL:
BROWNS' PARCEL:
229 First Colonial Road (GPIN 2407-75-7454) as shown on
"RESUBDIVISIONPLAT PARCELS A-1" AND B-1" BEING
A RESUBDIVISION OF PARCEL "A", ULYSSES T. &
YVONNE S. BROWN (MB 23 PG 99) AND THE CITY OF
VIRGINIA BEACH (MB 23 PG. 34), VIRGINIA BEACH,
VIRGINIA" Portion to be exchanged contains 1,352 Sq Ft.
(0 03103 Ac ) (Real Estate Assessor's assigned value
$5,404.00)
225 First Colomal Road (GPIN 2407-85-0230) as shown on
"PLAT SHOWING PROPERTY TO BE ACQUIRED FOR
OCEAN BOULEVARD & FIRST COLONIAL ROAD
EXTENSION PROJECT BY THE CITY OF VIRGINIA
BEACH, VIRGINIA FROM PARCEL 060, ULYSSES T &
YVONNE S. BROWN." Portion to be exchanged contains 361
Sq Ft. (0 008 Ac ) Take Area; 69 Sq. Ft. (0 001 Ac ) Drmnage
Easement, 1,137 Sq. Ft (0.026 Ac.) Vlrglma Power Easement,
and 741 Sq Ft (0.017 Ac) Bell Atlantic Easement Sq Ft
(C~ty's appraised value $8,000.00).
SALE PRICE:
Th~s ~s an equal value land exchange.
CLOSING DATE:
The antlc~pated closing will take place after the Deed of
Exchange is fully executed by the City.
SPECIAL TERMS
AND CONDITIONS:
Ulysses T. & Yvonne S. Brown have agreed to th~s land exchange. They plan to
continue to use the land for parking
The resubdlvision plat will be recorded simultaneously with the deed and
condemnation order at closing.
The exchange would be an equal-value exchange, according to the City's appraiser
It ellm~nates the Brown's clmm for damage to the residue in the amount of
$60,000 00
F \DataXATYLForms\CONDLFCh'p4380 sum
Item L 5.
- 32-
ORDINANCES/RES OL UTION
ITEM # 49618
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE the Ctty Manager to execute a lease wtth
Rosemont Interstate Center II, LLC re an office complex for a portion of
Sentara Way and A Avenue
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 14, 2002
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE BETWEEN
ROSEMONT INTERSTATE CENTER II, LLC AND
THE CITY FOR A PORTION OF SENTARA WAY
AND A AVENUE
WHEREAS, the C~ty of V~rg~nla Beach (the "C~ty") ~s the owner of that certmn
7 parcel of land located on the right-of way known as a port~on of Sentara Way and A Avenue ~n
8 Virg~ma Beach, Virg~ma and consisting of approximately 6,796 square feet (the"Property")as shown
9 on Exhibit "A" attached hereto,
l0
WHEREAS, Rosemont Interstate Center II, LLC ("Rosemont")des~res to lease the
Property for ~ngress and egress and for parking for an office complex on Sentara Way;
12
WHEREAS, C~ty staffhas determined that the Property ~s statable for use as access
and parking; and
14
WHEREAS, Rosemont and C~ty staff worked w~th the C~ty Attorney to draft a lease
15 which sets forth the responsibilities and obhgat~ons of the part~es upon terms and conditions
mutually agreeable to all part~es.
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
19
That the C~ty Manager ~s hereby authorized to execute a lease between Rosemont
2 0 Interstate Center II, LLC and the City for the Property ~n accordance w~th the Summary of Terms
2 q attached hereto, and contmmng such other terms as are acceptable to the C~ty Manager and approved
2 2 by the C~ty Attorney.
2 3 Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the ~ ~ day of
2 4 r~,, ,2002.
CA-8444
H \WINDOWS\WPS\2002\Lawson\LEASES\RUNNYMEDE ord wpd
R-l
04/10/02
APPROVED AS TO CONTENT
0Jepartment of Pubhc Works
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law /"~
SUMMARY OF TERMS
LEASE FOR THE USE OF A PORTION OF CITY RIGHT-OF-WAY
LESSOR:
City of Vlrglma Beach.
LESSEE:
Rosemont Interstate Center II, LLC (Michael J Barrett, Manager)
PREMISES:
Approximately 6,796 square feet on the City right-of-way known as a portion
of Sentara Way and A Avenue.
TERM:
July 1, 2002 -June 30, 2007.
RENT:
One Thousand Forty-Four Dollars ($1,044 00) first year. For the second and
each remaining year, rent will be adjusted using the Consumer Price Index,
but in no event shall the rent be adjusted to an amount below 2% nor more
than 5% of the current rent
RIGHTS AND RESPONSIBILITIES
OF ROSEMONT:
Will use the Premises for ingress/egress and parking for an office/flex building and
no other purpose.
Will provide install all parking, ingress and egress driveways and landscaping in
accordance with a site plan to be approved by the City.
Will maintain and perform any and all necessary repairs and replacements to the
Premises including, but not limited to, (i) keeping the Premises clean and in good
condition; (ii) performing routine maintenance, and (iii) maintaining the landscaping
and the grounds of the premises in a clean and orderly condition, and shall not permit
undue accumulation of garbage, trash, rubbish and other refuse.
Will maintain commercial general liability insurance with limits of not less than
$1,000,000.00 CSL and will indemnify the City for any and all claims arising from
Lessee's use and occupation of the Premises, including any and all adverse
environmental conditions caused by Lessee.
RIGHTS AND RESPONSIBILITIES
OF CITY:
Will inspect the Premises for compliance with the terms of the Lease and all state,
local and federal laws, statutes, ordinances and regulations.
TERMINATION: The City may terminate if Lessee fails to cure a default within 30days after
receipt of written notice of default, or for any public purpose with 60 days prior written notice to
Lessee. The Lessee may terminate if it is able to acquire title to a parcel of real property adjacent to
the Premises and is successful in obtaining a street closure for the Premises. However, nothing in
the Lease shall constitute or be deemed to be any type of approval or assurance of, or agreement to
a street closure by the C~ty.
C \WINDOWS\TEMPh-unnymedelse sum wpd
VIRGINIA STATE COORDINATE PLANE
SOUTH ZONE ('NAD 83/86)
N84'OS'25"E
148.63' ~
SOUTH ROSEMON T ROAD
'-.,~S50'51'35"E -
11.95'
N84'39'22"E ~
104.96'
S02'18'25"E----~
·
_
·
PARCEL 'A '
(MB 2~2, PG ~-~?~
PARCEL G-2
(MB 297, PG 27)
GRIN: 1487- 52- 7181
LOT 38, BLOCK 113
MAP OF EA S T NORFOLK
MB 4, PG 101
DB 3094, PG 960
GPIN; 14B7-62-1040
AL DO SA RD O T Z~ NIKI SA RD O T
N850'38"E
59.83'(0/A)
S07'07'38"E
135.30'
*A' A VENUE
1
NO7'O7'38"W
PARCEL G-2
(MB 297, PG 27)
GRIN: 1487-52-7181
PARCEL G-2
(MB 297, PG 27)
GRIN' 1487- 52- 7181
DENOTES LEASE AREA (6,796 SF
OR 0.156 AC)
LEASE PLAT
SHOWING A PORTION OF SENTARA WAY,
AND 'A' AVENUE
TO BE LEASED BY
ROSEMONT INTERSTATE CENTER II, L.L.C.
DWN BY: JBN~,MJW
FB:
VIRGINIA BEACH, VIRGINIA
MARCH 4, 2002
,,. MSA,,, p.C.
Landscape Architecture · Planning
Surveying. Engineering
Environmental Sciences
5033 ROUSE DRIVe, VIRGINIA ]lEACH, VA 23462-t708
PHONF (757)490-9264. FAX (757) 490-0634
JOe.~ oo'~ 33
SCALE: 1":60'
/
/
LOCATION MAP SCALE: 1" -- 1,600'
t5
UTILITY
"A" AVENUE
1487.62.1040
/
SENTARA WAY
LOCATION MAP
SHOWING
,~ ~,o~'~ON o~ SEN~,~~ W,~'
AND A PORTION OF~',4'' AVENUE
TO BE LEASED BY
~:::::::::~::--ROSEMONT INTERSTATE CENTER II, L. L. C.
.DON M.J.$.
SCALE: 1"= 100' ,
PREPARED BY P,A¥ ENG. CADD DEPT.
17-APR-2002
Item L 6.
- 33 -
ORDINANCES/RES OL UTION
ITEM # 49619
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED:
Ordtnances re Town Center
ESTABLISH a Town Center Special Service District
LEVY REAL ESTATE TAX on all property tn the Town Center Spectal
Servtce Dtstrtct
APPROPRIATE $314,000 tn real estate tax revenue from properties
located wtthtn the Town Center Special Service District re enhanced
matntenance for pubhc tnfrastructure and pubhc parktng wtthm thts
Dtstrtct
Vottng 8-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Reba S
McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy
K Parker and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Abstatntng
Wdham W Harrtson, dr, Louts R clones and Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Absent
None
Counctlman Harrtson DISCLOSED and ABSTAINED his law firm represented the developer's lender tn
conjunctton with the Town Center proJect
Councdman Jones DISCLOSED and ABSTAINED he has an ownershtp tnterest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered into a parttctpatton agreement wtth
Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes,
wdl manage the Town Center for the project 's developer, Town Center Assoctates Also, Resource Bank ts
tn negottattons to lease a new butldtng at the Town Center
Vtce Mayor Sessoms DISCLOSED and ABSTAINED he ts an officer of Wachovta Bank whtch recently
merged with Ftrst Unton Nattonal Bank Wachovta Bank has provtded financmgfor the Town Centerproject
May 14, 2002
AN ORDINANCE CREATING THE TOWN
CENTER SPECIAL SERVICE DISTRICT
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WHEREAS, the City of Virginia Beach (the "Clty") has
undertaken a program to develop infrastructure and construct public
facilities and other municipal improvements in the southern part of
the Pembroke area of the City, to facilitate the development of a
Central Business District in the City and thus promote commerce and
the prosperity of the citizens of Virginia Beach;
WHEREAS, in furtherance of that goal, the City of V~rglnia Beach
Development Authority (the "Authority") and Town Center Associates,
L.L.C. (the "Developer") are parties to a Development Agreement dated
as of March 6, 2000, as amended (the "Development Agreement"), for
the development of a mixed use commercial pro~ect known as "The Town
Center of Virginia Beach" located ~n the southern part of the
Pembroke area of the C~ty (the "Project");
WHEREAS, in connection with the first phase of the Project, the
Authority has agreed to purchase an approximately 1,338 space parking
structure from the Developer to provide public parking ~n the Project
area;
WHEREAS, as part of the undertaking of the Project, the City
Council desires to provide additional, more complete and more
t~mely services to the public parking garage, the streets and
sidewalks, and other public facilities and areas ~n the Project
than those services desired in the City as a whole, by designating
a service district as provided by Code of Virginia ~ 15.2-2400;
WHEREAS, pursuant to Code of Virginia ~ 15.2-2400, the
City Council held a public hearing on May 14, 2002, on the creation
of the District;
WHEREAS, pursuant to the authority and empowerment set forth
in the Code of Virginia ~ 15.2-2400, et seq., the City Council has
determined that it would be in the best interests of the City and
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its citizens to create a service district to provide additional,
more complete and more timely services to the public facilities and
areas in the Project area, including public parking, than those
services desired in the City as a whole; and
WHEREAS, over fifty percent of the property owners who own
more than fifty percent of the property in the proposed special
service district have requested enhanced maintenance and upkeep of
streets in the district.
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. Creation of District. A service district known as the
Town Center Special Service District (the "District") ms hereby
created pursuant to Code of Virginza ~ 15.2-2400 and designated as
such.
2. Boundaries of District. The District is bounded to the
north by Virginia Beach Boulevard, to the east by Constitution
Drive, to the west by the proposed Central Park Avenue to its
intersection with the proposed Main Street, then moving east along
Main Street to the proposed Town Center Drive, then moving south on
the proposed Town Center Drmve to its zntersectmon wzth Columbus
Street, then moving east along Columbus Street to its intersection
with Constitution Drive, all as more partmcularly depzcted on the
attached map labeled as "Exhibit A".
3. Purpose; Facmlzt~es and Services Provided Within Distrmct.
The D~str~ct ~s created for the purpose of providing financing for
additional, more complete and more t~mely governmental services to
public facilities and areas ~n the D~str~ct. Toward that end, there
shall be provmded wzth~n the D~strzct those faczl~t~es and services
necessary or desirable to accomplish the purpose of the service
dzstrzct, ~ncluding, w~thout limitatzon, admzn~strative, engzneer~ng
and other professional services, enhanced maintenance and cleaning of
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public streets and sidewalks, more frequent garbage removal and
dzsposal, enhanced lightmng, addmtlonal beautmfzcatzon and
landscapmng for the public places, extra security, publmc parkmng,
and such other equipment and facilities as may, from t~me to tzme, be
needed to accomplzsh the purpose of the servzce district.
4. Proposed Plan for Prov~dmnq Services Wmthzn Dzstrict. The
plan is to accumulate dedicated revenue to fund (1) the operation and
maintenance of the public parking garage and (~) an enhanced level
of public services zn the Dmstr~ct that wmll mnclude, without
limitatmon, additional mamntenance and cleanmng of publmc streets and
sidewalks, more frequent garbage removal and disposal, enhanced
lmghting, additzonal beautification and landscaping for the public
places, and extra securzty. The level of the enhanced publmc
services actually provmded will be governed by the amount of
additzonal taxes lev~ed mn the District.
5. Benefits to be Expected to be Realzzed From Enhanced
Services. The City expects, through the provision of additional,
more complete and more timely services in the District, that the
cztzzens of Virginia Beach wmll be benefmtted by the attractzve,
znvitzng public space, along with public parkmng, that will promote
commerce and prosperzty zn the Central Bus~ness D~strzct, whzch wzll,
mn turn, generate mncreased taxes and other Cmty revenues.
6. Powers. The City Counczl shall have all powers set forth
in Code of Vzrgznma § 15.2-2403 w~th respect to the District.
7. Establishment of Special Revenue Fund; Use of Funds. The
Czty Manager shall cause to be established a Town Center Service
District Special Revenue Fund (the "Speczal Revenue Fund") to account
for revenues realmzed from additional taxes ~mposed in the Dzstrict
and for expendmtures related to operatzng and mamntamnlng the public
parkzng garage and provzdlng addztzonal, more complete and more
tzmely services, along wmth all necessary facilities, zn the public
areas located wmthmn the Distrzct than desmred zn the City as a
whole. Ail funds received that are related to the Special Revenue
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Fund shall be annually appropriated for purposes consistent with term
of this ordinance, and, beglnnzng July 1, 2002, the Czty Manager will
cause the Speczal Revenue Fund to be budgeted ~n the operating
budget. Ail taxes levied and collected pursuant to this chapter
wlthzn the Distrzct shall be segregated and only used to pay, either
· n whole or part, the expenses and charges for provzdzng and services
within the Distrzct as described ~n thzs ordinance. No additional tax
shall be lev~ed for or used to pay for schools, polzce or general
government services not authorized by Code of Virginia ~ 15.2-2403.
8. Levy of Additional Taxes. Pursuant to the authority
contazned in Code of V~rg~nia ~ 15.2-2403, the city counc±l may levy
and provide for the collection of addzt~onal taxes wlthzn the
D~strict to fund the City's obligations to pay, e~ther in whole or
part, the expenses and charges for providing and mainta~nzng servzces
and necessary fac~l~tzes in the servzce d~strlct as described ~n th~s
ordmnance. Such additional taxes may mnclude an annual tax upon any
property in the service d~strict which ~s subject to local taxation.
9. Transmittal, Publzc Inspection and Fzlinq of Ordznance.
(a) The Cmty Clerk is d~rected to immediately send a copy
of this ordinance to the Real Estate Assessor and the Dzrector of
Finance.
(b) The City Clerk zs directed to make a copy of th~s
Ordinance continuously available for inspectzon by the general public
during normal bus~ness hours at the City Clerk's off~ce from the date
of adoptzon hereof.
(c) The City Clerk, in collaboratzon wzth the City
Attorney, ~s authormzed and dzrected to mmmedzately fzle a certified
copy of this ordznance w~th the C~rcult Court of the Cmty of Vmrginia
Beach.
10. Effectmve Date. This ordinance shall be effective July 1,
2002.
Vtrginma, on the
Adopted by the Council of the City of Virginia Beach,
14~h day of M~y , 2002.
CA8393
F- ~Data~Noncode~towncenterphl. ord4. wpd
R-2
May 3, 2002
APPROVED AS TO CONTENT'
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY-
City Atto~' s e'~'flce
EXHIBIT A
The Town Center of Virginia Beach
Proposed Special Service District
Jl · ·
· ·
· · ·
emmqll ~
....... Boundanes of the Proposed Special Service D~strict
AN ORDINANCE TO LEVY AN ADDITIONAL REAL ESTATE
TAX ON ALL REAL PROPERTY LOCATED IN THE TOWN
CENTER SPECIAL SERVICE DISTRICT
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WHEREAS, the City Council has created the Town Center
Special Service District to provide for enhanced levels of
maintenance of public infrastructure and public parking facilities
in the district; and
WHEREAS, the funding for the special service district is
derived from an additional real estate tax rate levied on all real
property located within the district.
NOW, THEREFORE B~ IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. There shall be levied and collected for fiscal year
2003, taxes for the special purpose of providing additional, more
complete and more timely services and necessary facilities at the
Town Center on all real estate within the Town Center Special
Service District, not exempt from taxation, at the rate of fifty-
seven cents ($.57) per annum on each one hundred dollars ($100) of
assessed value thereof. This real estate tax rate shall be in
addition to the real estate tax rate set forth in Section 1 of the
ordinance establishing the rate of real estate tax applicable
throughout the City of Virginia Beach. The real estate tax rate
imposed herein shall be applied on the basis of one hundred
percentum of the fair market value of such real property except
public service real property, which shall be on the basis as
provided in Section 58.1-2604 of the Code of Virginia.
2. The revenues derived from taxes levied under this
ordinance shall be held and accounted for as provided by the terms
of the ordinance creating the Town Center Special Service District
and Virginia Code ~ 15.2-2403.
3. This ordinance shall be effective on July 1, 2002.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of M~v , 2002.
Requires an affirmative vote by a majority of the members of
City Council.
CA-8484
ordin\noncode\Town Center Revenue Tax Levy.ord.wpd
May 6, 2002
R2
APPROVED AS TO CONTENT:
Management Serv~
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney(s/Of f ice
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AN ORDINANCE TO APPROPRIATE $314,000 IN
ESTIMATED ADDITIONAL REAL ESTATE TAX REVENUE
FROM THE PROPERTIES LOCATED WITHIN THE TOWN
CENTER SPECIAL SERVICE DISTRICT TO THE FY
2002-03 OPERATING BUDGET TO PROVIDE ENHANCED
LEVELS OF MAINTENANCE FOR PUBLIC INFRA-
STRUCTURE AND FOR PUBLIC PARKING FACILITIES
LOCATED WITHIN THE SPECIAL SERVICE DISTRICT
WHEREAS, the City Council of Virginia Beach has adopted
an ordinance establishing the Town Center Special Service District,
and in thzs district there wmll be levied and collected an
additional real estate tax at rate above the general rate in the
City as a whole; and
WHEREAS, current estimates of revenue generated from the
additional real estate tax rate assessed on the properties located
within the special service district will increase total City
revenue by $314,000.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $314,000 in revenue generated by an additional
real estate tax levied at a rate of $.57 per $100 of assessed value
on propertzes located within the Town Center Special Service
District is hereby appropriated to the FY 2002-03 Operating Budget
for the purposes set forth in the ordinance establishing the
District.
2.
increased by $314,000.
3. That this ordinance shall be effective July 1, 2002.
That estimated revenue from local sources is hereby
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of May , 2002.
Requires an affirmative vote by a ma3or~ty of the members of C~ty Councml.
CA-8469
F:/data/noncode/$314,000 Special Service District.ord.
May 6, 2002
R2
APPROVED AS TO CONTENT. A .-%
APPROVED AS TO LEGAL
SUFFICIENCY
City Attor~/Zs off~e
Item L 7.
- 34-
ORDINANCES/RES OL UTION
ITEM # 49620
The followtng regtstered tn SUPPORT:
Attorney Donald Redmond, 331 Ferdtnand Ctrcle, 23462 Phone 497-6705
Jtmmy Capps, owner of Beach Motel, 940 Cardtnal Road, Phone 428-1821
The followtng regtstered tn OPPOSITION:
Barbara Messner, 1413 Kara Court 23454, Phone 422-1902, represented Frtends of 31st Street
Brian Ktrwtn, 304 Crtpple Creek Court, Phone 463-0399
Al Wallace, Prestdent of Counctl of Ctvtc Organtzattons, 4601 Chtppendale Court, 23455,
Phone 497-2187, requested delay of the vote
Maury Jackson, Chatrman- Ctttzens 'for a Park Only On 31st Street, 1125 Dttchley Road, 23451,
Phone 428-1470
Barbara Messner spoke re the remarks of Vtctorta Rtzzt, Frtends of 3 ff Street Park, Phone 424-0607
Henry Ryto, 864 Old Vtrgmta Beach Road, 23451, Phone 428-2763
John D Moss, represented the Vtrgtnta Beach Tax Payers 'Alhance, 4109 Rtchardson Road 23455,
Phone 363-7745,
Retd Greenmun, Dtrector- Vtrgtnta Beach Counctl of Ctvtc Orgamzattons, 2621 Sandptper Road 23456,
Phone 615-4533 requested fun&ng be tncluded for three (3) new ctty sponsored full ttme postttons to
provtde adequate Paratranstt servtces
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Council ADOPTED, AS
REVISED
Ordtnance to AMEND and enhance the Mst Street project tn conformtty
wtth Ctty Counctl approval Aprtl 24, 2002, and recommend the
Development Authortty approve and execute these documents (BEACH-
DISTRICT 6)
Vottng 6-4
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Vtce Mayor
Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
Barbara M Henley, Louts R Jones, Reba S McClanan and Nancy K Parker
Counctl Members Abstatntng
Rosemary Wtlson
Counctl Lady Wtlson DISCLOSED and ABSTAINED her husband ts a prtnctpal tn the accounttng firm
of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually Goodman and
Company has provtded accounttng and tax servtces related to 3?' Street and the Beach Quarters Inn The
Ctty Attorney has advtsed that she ts requtred to dtsclose any personal tnterest as tt meets the crtterta of a
personal tnterest tn the transactton under the Confltct of Interests Act and ts dtsquahfied from parttctpattng
tn thts transactton Counctl Lady Wtlson's letter of Aprtl 9, 2002, ts hereby made a part of the record
May 14, 2002
AN ORDINANCE TO APPROVE DOCUMENTS TO
AMEND AND ENHANCE THE 31 ST STREET PROJECT IN
CONFORMITY WITH A TERM SHEET APPROVED BY
CITY COUNCIL ON APRIL 24, 2001 AND TO
RECOMMEND APPROVAL AND EXECUTION BY THE
VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, on behalf of the C~ty of Vlrgima Beach (the "City") and the City of
8 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
engaged ~n extensive negotiations with representatives of TNrty-First Street, L.C. (the "Developer")
regarding the development of a four-star, full-service hotel, a public park and a public parking garage
:El
on real property owned by the Authority and the City located at the block surrounded by 30th Street,
Atlantic Avenue, 31 st Street and Pacific Avenue and real property owned by the Authority located
3_ 3 at the block east of Atlantic Avenue on the Virginia Beach oceanfront between 30th Street and 31 st
Street known as "The 31st Street Project" (the "Project");
WHEREAS, the Project ~s a public/private investment arrangement among the
Authority, the City and the Developer for the development of the Project;
WHEREAS, by Ordinance No. ORD-99-2557A adopted July 13, 1999, the C~ty
Council approved development documents for the Project, including a Development Agreement
dated as of August 5, 1999, as amended, and an Escrow Agreement dated as of August 5, 1999, as
2 0 amended (collectively the "Project Documents"), and authorized the City Manager to execute the
2:1_ Project Documents;
22
WHEREAS, by Resolution adopted July 20, 1999, the Authority approved the Project
2 3 Documents and thereafter executed the same;
24
WHEREAS, subsequent to the execution of the ProJect Documents, the parties have
2 5 identified certain necessary and desirable modifications to the Project which will enhance the Project
2 6 and the benefits to the public to inure therefrom as set forth in a certain preliminary terms letter dated
2 7 March 29, 2001, as revised April 24, 2001 (the "Preliminary Terms Letter"),
28
WHEREAS, by Resolution adopted April 24, 2001, the City Council approved, in
2 9 concept, the proposed modifications and enhancements set forth in the Preliminary Terms Letter
3 0 and requested the Authority to approve such modifications and enhancements and further directed
3 ~_ the City Manager to return the final documents to effectuate such modifications and enhancements
3 2 to City Council for approval and for authorization for the City Manager to execute the same;
33
WHEREAS, by Resolution adopted May 10, 2001, the Authority approved, in
3 4 concept, the proposed modifications and enhancements set forth in the Prehminary Terms Letter and
3 5 authorized its Chairman to execute and deliver all final new or amendatory documents and
3 6 agreements as the City Council authorized and as the Chairman, the City Manager and the City
3 ? Attorney may consider necessary or desirable so that the Project, as modified, may proceed, provided
such documents are in accordance with the modifications to the ProJect described in the Preliminary
3 9 Terms Letter;
4o
WHEREAS, the Developer has executed new and amendatory project documents in
4:1_ furtherance of the modifications to the Project set forth in the Preliminary Terms Letter (collectively,
42 the "Amendatory Documents") including the following. Amended and Restated Development
4 3 Agreement by and among Thirty-First Street, L.C., the City of Virginia Beach Development
44 Authority and the City of V~rginia Beach; Rules of Usage and Definitions Relating To The
4 5 Transaction Documents; Agreement of Purchase and Sale [BQI Contract] between Thirty-First
4 6 Street, L C. and Beach Quarters Inn, L.C., as Seller, and the City of Virginia Beach Development
4 7 Authority, as Purchaser; Agreement of Purchase and Sale [Oceanfront Land Contract] between the
4 8 City of Virginia Beach Development Authority, as Seller, and Thirty-First Street, L.C., as Purchaser;
4 9 Deed of Lease between the City of Virginia Beach Development Authority, as Landlord, and Thirty-
First Street, L.C, as Tenant (lease of oceanfront land and parking spaces); and Deed of Parking
51 Lease (lease of parking spaces only - to be used only if there is a sale of the oceanfront land) and
52 requested that the representatives of the City and the Authority present the Amendatory Documents
53 to the City Council and to the Board of the Authority for consideration and approval;
54
WHEREAS, the City Council is of the opinion that the modifications to the Project
which are set forth in the Amendatory Documents will be beneficial to the public and to the Project;
56 and
57
WHEREAS, after due consideration of the Amendatory Documents and the changes
and modifications to the ProJect contemplated thereby, the City Council desires to approve the
59 Amendatory Documents and to authorize the City Manager, or his designee, to execute the same.
6O
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIl, OF THE CITY
61 OF VIRGINIA BEACH:
62
1. The City Council approves the Amendatory Documents, a complete copy of
6 3 wNch ~s on file with the City Clerk.
64
2 The City Council finds that the Project will be beneficial to the public interest
65 ~n that the Project furthers legitimate public purpose goals and generates public benefits which
66 ~nclude, w~thout hm~tation:
67
68
The generation of significant tax revenues, including the return of currently
tax exempt real estate to the City tax rolls
69
· Provision of additional and improved public parking at the resort oceanfront.
7O
· The implementation of recommended comprehensive plan features.
71
72
The construction of a high quality hotel and retail at the resort oceanfront
which may stimulate further private investment
73
74
The construction of the largest public park on the resort oceanfront, with day
to day maintenance responsibility assumed by the developer.
75
· The preservation of an ocean vista and creation ora gateway to the resort area.
76
· The construction of two (2) public entertainment venues.
77
· Provides for a $40 million private sector investment.
78
· The provision of new and expanded public restrooms at the oceanfront
79
· A catalyst for further development of 30th and 31 st Street corridors.
8O
· The creation of new job opportunities.
81
· The realization of a significant return on the public's investment.
82
83
84
Provides an important link to the potential for redevelopment of the Rudee
Loop area by providing for the City's acquisition of the Beach Quarter' s Inn
property.
85
86
87
Will generate additional City revenues that may be used to provide needed
public services including, without limitation, education, public safety and
social services
88
3. The City Manager or his designee is hereby authorized, after approval of the
89 Amendatory Documents by the Board of the Authority, to execute and deliver on behalf of the City
9 0 of Virginia Beach the Amendatory Documents in form substantially as presented to both the City
and the Authority in a joint special meeting held on April 16, 2002, together with such non-
9 2 substantive and/or technical changes or modifications as may be approved by the City Manager and
9 3 the City Attorney.
94
4 The City Manager or his designee is further authorized to execute on behalf
9 5 of the City of Virginia Beach such other documents as may be approved by the City Attorney and
9 6 which are necessary and appropriate to pursue complenon of the Project and the other transactions
described in the Amendatory Documents
98
5 The City Council requests and recommends that the Authority adopt a
9 9 Resolution consistent with this Ordinance approving the Amendatory Documents and authorimng
10 0 the Chairman of the Authority to execute the Amendatory Documents, together with such other
documents as may be necessary and appropriate to pursue completion of the Project and the other
transactions described in the Amendatory Documents
103
Adopted by the Council of the City of Virglma Beach, Virginia, on the 1/4th
10 4 day of May ,2002.
APPROVED AS TO LEGAL
SUFFICIENCY:
~,/C ity Attorney
APPROVED AS TO CONTENT:
CA-8373
C [WINDOWS~TEMP[31stStPro]ect ordla wpd
May 7, 2002
R-4
Item L 8.
- 35-
ORDINANCES/RESOL UTION
ITEM # 49621
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordtnance to AMEND an Ordtnance (adopted May 12, 1998) re
encroachment agreements for properttes located adjacent to the seawall
from 43ra and 58th Streets to 42"~ and 58th Streets (LYNNHA VEN-
DISTRICT 5)
Vottng 11-0 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wzlson
Counctl Members Vottng Nay
None
Council Members Absent
None
May 14, 2002
AN ORDINANCE TO AMEND THE ORDINANCE
ADOPTED ON MAY 12, 1998,
AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ENCROACHMENT
AGREEMENTS FOR PROPERTIES LOCATED
ADJACENT TO THE SEAWALL FROM
BETWEEN 43RD AND 58TM STREETS TO
BETWEEN 42ND AND 58TM STREETS
WHEREAS, on May 12, 1998 the City Council adopted an
Ordinance authorizing the City Manager or his designee, upon
application to the Department of Public Works, to execute
encroachment agreements concerning encroachment into City owned
property adjacent to the hurricane seawall between 43rd and 58th
]4 Streets as part of the Beach Erosion Control and Hurricane
Protection Project; and
WHEREAS, the Ordinance as adopted provided
authorization for encroachment agreements into the "Encroachment
Area", which consisted of the additional highland between the
east side of the oceanfront lots and the new seawall and between
20 43rd and 58th Streets; and
2]
WHEREAS, since the adoption of the Ordinance, the
22
23
seawall between 42nd and 43rd Streets has been constructed as part
of the 42nd Street pump station project, expanding the
24 Encroachment Area; and
25
WHEREAS, the Encroachment Area needs to be mazntazned
26 so as not to become a health or safety hazard; and
27
28
WHEREAS City Council is of the opinion that expanding
the Encroachment Area to include the seawall between 42nd and 43rd
29 Streets, will foster and promote the public health, safety,
30 welfare and harmony of the Encroachment Area.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
32 CITY OF VIRGINIA BEACH, VIRGINIA:
That the authority granted to the City Manager or his
34
35
designee, by the Ordinance adopted on May 12, 1998, is hereby
expanded to include the seawall between 42nd and 43rd Streets.
Adopted by the Council of the city of Virginia Beach,
Virginia on the 14 day of ~y_, 2002.
3 APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL SUFFICIENCY'
Department
Ci~fy Attorney's Office
C:\Documents and Settlngs\sheselto\Desktop\amend 98-2489B ord wpd
R-1
March 28, 2002
- 36-
Item L9.
ORDINANCES/RES OL UTION
ITEM # 49622
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Or&nance to GRANT a new franchise for an Open Air Cafd to
TRADEWINDS L.C. t/a ROCK FISH BOARDWALK BAR AND
SEA GRILL at 1601 Atlanttc Avenue
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
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AN ORDINANCE GRANTING A FRANCHISE
FOR THE OPERATION OF AN OPEN AIR
CAFE IN THE RESORT AREA (NEW
FRANCHISE)
WHEREAS, the City has adopted, and incorporated into a
Franchise Agreement, regulations for the operation of open air
cafes on public property in the Resort Area;
WHEREAS, Tradewinds L.C. t/a Rock Fish Boardwalkbar and
Seagrill (1601 Atlantic Avenue) (Boardwalk Cafe) hereinafter
referred to as "Grantee") has submitted an application for the
operation of an open amr caf~ at the location indicated, and has
paid the required application fee:
WHEREAS, the representations made in the application
comply with the aforementioned regulations; and
WHEREAS, the Department of Convention and Visztor
Development and the Resort Advisory Commission have reviewed the
application and determined that the proposed caf~ will have no
detrimental effect on the public health, safety, welfare, or
interest, and will enhance the festive atmosphere in the Resort
Area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to ~he above-
listed Grantee to operate an open air caf~ at the address indicated
herein from May 1, 2002, to April 30, 2003, conditioned on
provision of the Grantee of an approved final site plan, liability
insurance coverage, a security bond and applicable franchise fee,
and on compliance with all of the terms and condztions of the
Franchise Agreement; and
2. That the City Manager, or his duly authorized
designee, is hereby authormzed to enter into a Franchise Agreement
with the Grantee.
33
34
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of May , 2002.
35
36
37
38
39
40
41
42
43
44
CA-8485
Sam/Work/Franchise/tradewindsneword.wpd
May 2, 2002
Ri
APPROVED/~ TO CONTENT-
,
or
APPROVED AS TO LEGAL
SUFFICIENCY'
Item L 10. a-h
-37-
ORDINANCES/RES OL UTION
ITEM # 49623
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT acqutsttton of property tn Fee Stmple for rtght-of-
way and/or Temporary and Permanent Easements by agreement or
condemnation re the followtng projects tn the Water Utility and Sewer
Utility Sections of the Capttal Improvement Program (CIP) for FY 2002-
2003 re
a 5-072 Maxey Manor Water Improvements - 51% Program
b 5-082 West Neck Road Water Improvements
c 5 -085 Lynnhaven Pump Statton Modtficattons- Phase II
d 5-090 Lynnhaven Parkway - Phase XI Water Improvements (VDOT)
e 5-100 Sterra Drtve Water Improvements
f 5-105 Stumpy Lake Lane Water Improvements - 51% Program
g 6-075 Lasktn Road Sewer Improvements - Phase I (VDOT)
h 6-084 Maxey Manor Sewer Improvements - 51% Program
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY AND/OR TEMPORARY AND
PERMANENT EASEMENTS,
EITHER BY AGREEMENT OR CONDEMNATION,
FOR THE FOLLOWING PROJECTS IN THE WATER UTILITY AND SEWER
UTILITY SECTIONS OF THE PROPOSED CAPITAL IMPROVEMENT
PROGRAM FOR FY 2002-2003
5-072
5-082
5-085
5-090
5-100
5-105
6-075
6-084
6-149
Maxey Manor Water Improvements - 51% Program
West Neck Road Water Improvements
Lynnhaven Pump Station Modifications - Phase II
Lynnhaven Parkway - Phase XI Water Improvements (VDOT)
Slen'a Drive Water Improvements
Stumpy Lake Lane Water Improvements - 51% Program
Laskln Road Sewer Improvements - Phase I (VDOT)
Maxey Manor Sewer Improvements - 51% Program
Pnncess Anne Sewer Force Main Phase IV (VDOT)
WHEREAS, ~n the opinion of the Council of the City of Virginia Beach, Virginia,
a public necessity exists for the construcnon of these important water and sanitary sewer
projects to provide needed ~mprovements to the C~ty' s water and sanitary sewer systems and
for other public purposes including the preservation of the safety, health, comfort, and
convenience of the public and for the general welfare of the people in the City of Virginia
Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1 That the City Council authorizes the acquisition by purchase or
condemnation pursuant to Sections 15.2-1901, et seq., Code of Virginia of 1950, as amended,
of all that certain real property m fee simple, inclu&ng temporary and permanent easements
and right-of-way (collectively the "Property") identified on the acqmsltlon maps attached
hereto as may be necessary to construct each project and as will be shown on the plans for
each project, and as will be more specifically described on the acqmsltlon plats for each
project (collecnvely the "Plans"), and the Plans wdl be on file ~n the Englneenng Division,
Department of Pubhc Utilities, City of Vlrglma Beach, Virginia. Such acquisition will be
made only after compliance with Administrative Directive 3.14 for "Public Input for Public
Infrastructure ProJects Undertaken in the City."
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the City of Vu'glma Beach, to the extent that funds are available, a reasonable
offer to the owners or persons having an interest in the Property If refused, the City
Attorney is hereby authorized to institute proceedings to condemn the Property
Adopted by the Counml of the C~ty of V~rglnla Beach, V~rglma, on thel 4 day
of May ,2002
APP~.R.O-VED-A~S m C~TENTS APPROVED AS TO LEGAL
C ~) q ~C~~'-''-~ SUFFICIENCY AND FORM
DEPARTMENT CITY ATTORNEY
Page 1 of 1
VIRGINIA BE~ ~t¢ BL VD.
[' I
~ AREA OF PROP£RTYACQUISITION
MAXEY MANOR
WATE~o/~M PROVEMENTS
5 PROGRAM
C. I.P. 5-072 ,~ ,,,-,
DATE 3/¢8/02 FILE cacip~_O72dgn
AREA OF PROPERTY A~OUI$1TION
WEST NECK ROAD
WATER IMPROVEMENTS
C.I.P. 5-082
$~A/.E NT$
DATE 3/18/02 FILE cacipS-O82 dgfl
AREA OF PROPERTY ACQU/S/T/ON
LYNNHAVEN PUMP STATION
MODIFICATIONS- PHASE II
C.I.P. 5-085
SCALE NT$
DATE 03/18/02 FILE caclpS..O~ dgn
CITy 0~~-_- ~ BF-.~CH ~
AREA OF PROPERTYACQUI$1TION I
LYNNHAVEN PARKWAY
R~HASE XI
WATE IMPROVEMENTS
C. I.P. 5-090 ~
DATE. 05/01/00 FILE caclp,5-090 dgn
L YNNHA V£N PARKWAY
AREA OF PROPERTY ACQUI$1TION
SIERRA DRIVE
WATER IMPROVMENTS
C.I.P. 5-100
SCALE NT$
DATE 03/¢8/02 FILE cacipS- 100 dgn
Glenwood ES
STUMPY LAKE LANE
~ ,~,~ o~..o~.~.~xc~u~s~-~o~ WATER IMPROVEMENTS
C.I.P. 5 105
~C~E NT~
~ ~ 03/18~2 FILE ~p~l~ ~n
:H
AREA OF PROPERTY ACQUISITION
LASKIN ROAD
SEWER IMPROVEMENTS
C.I.P. 6-075
$CAI. E NT$
DATE 03/18/02 FILE cacip6-O75dgn
VIRGIN/,zl BEA OH BL VD.
AREA OF PROPERTY ACQUISITION
MAXEY MANOR
SEWER IMPROVEMENTS
51% PROGRAM
C. I.P. 6-084 ~,~
DATE 03/18/02 FILE cadp6-OS,ldgn
Item LIO. L
- 38-
ORDINANCES/RES OL UTION
ITEM # 49624
Upon motton by Councilman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT acqutsttton of property tn Fee &mple for rtght-of-
way and/or Temporary and Permanent Easements by agreement or
condemnatton re the followtng project tn the Water Utility and Sewer
Utility Sections of the Capital Improvement Program (CIP) for FY 2002-
2003 re
6-149 Prtncess Anne Sewer Force Matn Phase IV (VDOT)
Vottng 10-0 (By ConsenO
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor WtIham D Sessoms,
dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones ABSTAINED on Item I 10(0 6-149 Prtncess Anne Sewer Force Matn IV, as t t comes near
the end of property owned by him
May 14, 2002
~fO~o
ARE~ OF PROPERTY ACQUISITION
PRINCESS ANNE
SEWER FORCE MAIN
PHASE- IV
C. I.P. 6-149 ~,~
DATE $/'!~/02 FILE caclp6-149d~n
Item L l l. a
ORDINANCES/RES OL UTION
- 39-
ITEM # 49625
Upon motton by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordtnance re temporary encroachment tnto the Ctty's rtght-of-way
(BA YSIDE - DISTRICT 4)
Lake doyce by TERRY M. PARKERSON re constructing and
matntatntng a deck and rtp rap at 4417 Lee Avenue
The followtng conchttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
I,~trgtnta and the Ctty of gtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval as to stze, ahgnment and
location
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days afier 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 tndemmfy and hold harmless the Ctty, its
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludmg reasonable attorney's fees tn case
tt shall be necessary to file or defend an action artstng out of the
location or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
herein and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachments by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unsightly or a hazard
The apphcant must obtatn a permtt from the Office of
Development Servtces Center/Planmng Department prtor to
commenctng any construction wtthtn the encroachment area
Prtor to issuance of a rtght-of-way permtt, the apphcant must
post surettes tn accordance wtth the project engtneer's cost
esttmate, to the Office of Development Servtces/Planmng
Department
The apphcant shall obtain and keep tn force all rtsk property
msurance and general habthty or such insurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Five Hundred Thousand
Dollars ($500,000), combtned stngle hmtts of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thirty (30) days' wrttten nottce to the Cttyprtor
to the cancellatton or termtnatton of,, or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
May 14, 2002
Item L l l. a
ORDINANCES/RES OL UTION
- 40-
ITEM ii 49625 (Continued)
The City, 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
mannerprovtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such tetnporary
encroachment, and, pen&ng 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 would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
spectfi, ed 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 ss allowed to conttnue
thereafter, and, shall collect such compensatton andpenalttes tn
any manner provtded by law for the collectton of local or state
taxes
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF A
20' STRIP OF CITY PROPERTY BY TERRY
M. PARKERSON HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Terry M. Parkerson, desire to construct and
maintain a deck and rmp rap into a 20' strip of City property at
the rear of 4417 Lee Avenue on Lake Joyce.
WHEREAS, City Council ms authorized pursuant to §~ 15.2-
2009 and 15.2-2107, Code of Vmrglnia, 1950, as amended, to
authorize a temporary encroachments upon the City's right-of-way
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 Terry M. Parkerson, h~s he~rs, assigns and successors in
t~tle ~s authorized to construct and mamntamn a temporary
encroachment for a deck and r~p rap in a 20' strip of C~ty's
property as shown on the map entitled: "PROPOSED RIP RAP REVETMENT
IN LAKE JOYCE VIRGINIA BEACH, VA. APPLICANT: TERRY PARKERSON,"
a copy of which ms on fmle in the Department of Public Works and to
which reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained ~n the Agreement between the C~ty of Vzrg~n~a Beach and
Terry M. Parkerson, (the "Agreement") which is attached hereto and
· ncorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized desmgnee ms hereby authorized to execute the Agreement.
32 BE IT FURTHER ORDAINED, that this Ordinance shall not be
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in effect until such time as Terry M. Parkerson and the Czty
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the Czty of Vlrg~nza Beach,
Virginia, on the 14 day of May , 2002.
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CA-#
gsalmons/parkerson/ord.
R-1
PREPARED: 03.20.02
AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY ~
CITY A~T~~ ~
CHESAPEAKE BAY
SCALE 1".1600'
LOCATION /V/AP
~.~-80-5887
LAKE JOYCE
LOCATION MAP SHOWING
ENCROACHMENT REQUESTED BY
TERRY M. PARKERSON
INTO A 20' STRIP OF CITY
PROPERTY AT THEREAR OF
7 LEE AVENUE ONLAKE JOYCE
SCALE: 1" = 200'
PREPARED BY PAN CADD BUREAU 3-12-02
PREPARED BY VIRGINIA BEACH
CITY AT'FORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this t~~' day ofk~~cL , 20~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and TERRY M. PARKERSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee".
WITNESSET .H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "12" and "lY' in block 5 as shown on that certain plat entitled
"AMENDED MAP CHESAPEAKE SHORES PROPERTY OF LAKE JOYCE REALTY CORP.
LOCATED AT CHESAPEAKE BEACH" and being further designated and described as 4417
Lee Avenue, Virginia Beach, Virginia 23455; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a deck
and rip rap at the rear of 4417 Lee Avenue on Lake Joyce, "Temporary Encroachment", in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encro~eEm~nt, it is
necessary that the Grantee encroach into a portion of an existing City property at the rear of 4417
Lee Avenue on Lake Joyce "The Temporary Encroachment Area"; and the Grantee has requested
that the City permit a Temporary Encroachment within The Encroachment Area.
GPIN 1570-80-0794
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.
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 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: "PROPOSED RIP RAP REVETMENT
IN LAKE JOYCE VIRGINIA BEACH, VA. APPLICANT: TERRY
PARKERSON," a copy ofwhich 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 lhnited 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 obtain a permit
from the Office of Development Services Center/Planning Department prior to cormnencing 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 ali responsibilities and liabilities, vested or contingent, with relation
to the Temporary Encroachment.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroactunent 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 if it 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 Encroachmem is allowed to cominue 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, Terry M. Parkerson, the said Grantee has caused this
Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia
Beach has caused this Agreemem 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
Terry M. Parkerson
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,20 ,by
., CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
., by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUI~TY OF ~'~/'~-~ ~'~2'~'~/, to-wit:
The foregoing instnmaent was acknowledged before me this
,20_0_~, by Terry M. Parkerson.
/,~;~ dayof
My Commission Expires:
' ~lotary P'dubli~:
APPROVED AS TO
LEGAL SUFFICIENCY
CITY A~TORNEY
APPROVED AS TO CONTENT
9'0'
EX i ST. COI~.ESTO~I~
mx.~.L~ (TO ,E~I~)~ 2q'A~O* 7'0'~U~
SLO~[ F4C~
~___,/ ~D ~. / TOP STONE ~ _
TYPICAL PiER CONSTRUCTION , ~ PROTECT[~
2-[60 NAILS a EA.JOIST
2x10' uo~s~ a
TOE NAIL TO STRINGERS
STRINGERS TO BE
FASTEN TO P~LES ~ITH
~/8'~ THRU B~TS, W/
OGEE OR PLT.W~SHERS RE~VE ~ REPLACE OECK SECTION THRU RIP ~
PILES TO BE 8*~BUTT , AS REQO FOR PLACEMENT~
50~ PENETRATION BELO. OF RIP RAP STONE ~ REPLACE ROTTEN JOIST
BOTTO, X /AS RENO EXIST.PIER
~ __ ~ REPLACE DECKinG ~ [
GULKHE~ ~ ~ ~ ~ . wATER LEVEL _
/
~ ~ ~t~.~OT~?__ [
SECTION THRU EXISTING
MATERIAL SPECIFICATIONS
FRAMING: CCA 2.5 PCF (MLP-88)
PILES, CCA 2.5 PCF (MP-88)
DECKING: CCA O.q PCF (LP-2Z)
HARDWARE: HOT DIPPED GALVANIZED
(ASTM ALS))
APPLICANT.
TERRY PAR[ERSON
qq17 LEE AVE.
vIReINZA BEACH,VA. 23q55
AGENT:
KEN THOIqPSON
370S BOSUN DNIVE
CHESAPEAKE,VA.Z3321
REV.L/3/O2 ~
REv.Z/8/OZ
PROPOSED RIP RAP
REVET~NT
IN LAKE JOYCE
VIRGINIA BEACH,VA.
APPLICANT:
TERRY PARKERSON
SHEET 2 OF 2
I
?
TOE/STONE
/
/
/
/
/
!
OF RECORDED PLAT
//
/MICE PATIO
EX.COBBLESTO#E Bi,KD
(TO NERAIN II PLACE)
EX.PLATFOIm
TO B~ IKPt. ACED
OV~i RIP W
SAnE
I
I ~ G#A~L ~IVE
' §
LEE A~ ~,~
PLOT PLaN
SCALE l'-qO'
~o
CITY OF VIRGINIA
BEACH
)ACHMENT APPLICAT
SUBMITTED
a4ORE LINE
FRAJ"I~ GARAGE
/
PROPOSED RiP RAP
REVETMEN[ ,283'
EX.PIERS,DOCKS
(TO BE REHOVED AS
DIRECTED BY OWNER)
VICINITY MAP
~PURPOSE: EROSION CONTROC
DATUR: LAKE NON-TIDAL
OV#ER:
TERRY PARKERSON
2632 DQ¥~RSHIRE RD
RICmONO,VA. 23235
LINE IX: RECOI~DED PLAT
TIE DM DIHENSIONS
TO(/STO~E COIl.OF HOUSE
Exhibit "A"
APPLICANT' P~OPO~"D RIP RAP
TERRY PARKER$ON REVETMENT
q417 LEE AVE. IN LAKE JOYCE
VIRGINIA BEACH,VA. 23q5~ VIRGINIA BEACH,VA.
AGENT: APPLICANT:
~EN THOMPSON TERRY PARKERSON
3705 BOSUN DRIVE
CHESAPEAKE,VA.23321 SHEET 1 OF 2
REV.11/20/01 ADDED CITY PROPERTY (LAKE)
REV. 113102 REV. 2/8/02
o~V h~C.
- 41 -
Item 1.11.b.
ORDINANCES/RES OL UTION
ITEM # 49626
Upon motton by Councilman Jones, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED:
Or&nance re temporary encroachment tnto the Ctty's rtght-of-way
(BA YSIDE - DISTRICT 4)
JOHN A. BOYNEWICZ and RUTH R. BOYNEWICZ re
conttnutng matntenance of an extsttng 42 "wooden retatntng wall
at 2531 Beaufort Avenue
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 Vtrgtma Beach and tn accordance wtth
the Ctty's spectficattons and approval as to size, ahgnment and
locatton
The temporary encroachment shall termtnate upon notice by the
Ctty to the apphcant and, wtthtn thtrty (30) days afier 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 tndemmfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tnclu&ng reasonable attorney's fees tn case
tt shall be necessary to file or defend an action artstng out of the
locatton or extstence of the temporary encroachment
Nothtng heretn contained shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachments by
anyone other than the apphcant
The apphcant agrees to matntatn the temporary encroachment so
as not to become unsightly or a hazard
The apphcant shall obtatn and keep tn force all rtskproperty
tnsurance and general ltabtltty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal 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), combtned stngle hmtts of such tnsurance
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 matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
May 14, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S RIGHT OF WAY
KNOWN AS BEAUFORT AVENUE LOCATED AT
THE FRONT OF 2531 BEAUFORT AVENUE BY
JOHN A. BOYNEWICZ AND RUTH R.
BOYNEWICZ, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, John A. Boynewicz and Ruth R. Boynewicz desire
to maintain an existing wooden wall into City right of way known as
Beaufort Avenue, located at the front of 2531 Beaufort Avenue; and
WHEREAS, City Council zs authorized pursuant to §~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
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, John A. Boynewicz and Ruth R. Boynewicz, their heirs,
assigns and successors in title are authorized to have and maintain
a temporary encroachment for a wooden wall into the City owned
right of way known as Beaufort Avenue, located at the front of 2531
Beaufort Avenue, as shown on the plat entitled: "PHYSICAL SURVEY
OF PARCEL-B SUBDIVISION OF A PORTION OF BLOCKS 22 AND 23, WEST OF
BEAUFORT AVENUE CHESAPEAKE PARK PLAT RECORDED IN M.B. 144, PG. 52,
IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA
VIRGINIA BEACH, VIRGINIA FOR JOHN A. BOYNEWICZ & RUTH R. BOYNEWICZ
SCALE: 1" = 20' REV. ll-20-01(NAME) SEPTEMBER 12, 2001," a copy
of which is on file in the Department of Public Works and 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
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John A. Boynewicz and Ruth R. Boynewicz, (the "Agreement") which is
attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement;
and
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as John A. Boynewlcz and Ruth R.
Boynewicz and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~A day of M=~, , 2002.
DEPARTMENT
APPROVED AS T~~
SUFFICIENCY
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAX~
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811(c)(4) REIMBURSEMENT
ALrHqORIZbT) UNI)F~ SECTION 25-249
THIS AGREEMENT, made this ~2~~l~ day of ,(~~_~.., 20~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and JOHN A. BOYNEWICZ and RUTH R BOYNEWICZ, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WlTNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as *PARCEL B 5,203 SQ FT", as shown on that certain plat
entitled''PHYSICAL SURVEY OF PARCEL-B SUBDIVISION OF A PORTION OF BLOCKS
22 AND 23, WEST OF BEAUFORT AVENUE CHESAPEAKE PARK PLAT RECORDED IN
M.B. 144, PG. 52, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA
BEACH, VA VIRGI~A BEACH, VIROINIA FOR JOHN A BOYNEWICZ & RUTH R
BOYNE~CZ SCALE: 1" = 20' SEPTEMBER 12, 2001" and being further designated and
described as 2531 Beaufort Avenue, Virginia Beach, Virginia 23455- GPIN 1470-42-9557; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a 42"
wooden retaining wall, "Temporary Encroachment", in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
GPIN 1470-42-9557
necessary that the Grantee encroach into a portion of an existing City right-of-way known as
Beaufort Avenue "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
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 in accordance with the City's specifications and approval and is more
particularly described as follows, to wit
An area of temporary encroachment into a portion of the City's right-
of-way known as Beaufort Avenue as shown on that certain plat
entitled' "PHYSICAL SURVEY OF PARCEL-B SUBDIVISION OF
A PORTION OF BLOCKS 22 AND 23, WEST OF BEAUFORT
AVENUE CHESAPE~ PARK PLAT RECORDED IN M B 144,
PG. 52, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT,
VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR
JOHN A BOYNEWICZ & RUTH R BOYNEWICZ SCALE 1" =
20' SEPTEMBER 12, 2001," 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 alter 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 Encroachmem
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
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 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 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 flit 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 ($100 00) per day
for each and every day that the Temporary Encroachment is allowed to continue thereal~er, and
may collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, JOHN A. BOYNEWICZ and RUTHR BOYNEWICZ,
the said Grantee have caused this Agreement to be executed by their signatures and seal duly
ai~ed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
iAPPROVEO c~$ 'FO
(SEA )
ATTEST-
City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
~PROVED AS TO CON,,,
c.
· ,SIGNATURE
DEPARTMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
...... , 2001, by , , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
,2001', by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF q~~~a~.~
CITY/C~Y OF~.. ~ , to-wit'
The forego.'m, g instrument was acknowledged before me this ,~"94d~
~ ~5 z
, ~Yl~y JOHN A. BOYNEWlCZ and RUTH R BOYNEWIC
day of
My Commission Expires: ~e~ '~k, ~~:~
THIS IS TO CERTIFY THAT I, ON SEPTEMBER 12, 2001, SURVEYlgD THE PROPERTY SH0~N ON THIS*PLAT, AND THAT
ARE AS SH0~N ON T BUILDINGS STAND WITHIN
THE TITLE LINES AND THE WALLS OF THE BUILDINGS
THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUI,.~,
',~, ~' ':.[~'~'-~. 724 & 20
(~.~.~~ ~
, ?E/WPLE F. EARL
~D.B. 367, PG. 595~
PARCEL
FLOOD
INS/DE
EXCEPT AS SHOFN.
~ N 2J'JO'O0" E
55.49'
PA
RCEL
' P~' SHED o.
'~ ~NO ENO
' / ,
'.. S~.,
L"'. '.~ ~ ~ ,~
~:.. .~. , .
':
' 50.
50 00'
S 23'30'00" W
BEAUFORT A VENUE
(FORMER/_ Y BRADFORD AVENUE.)
EXHIBIT "A"
NOTE: A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR LINES
OF ALL LOTS WITHIN THIS SUBDIVISION IS DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE INSTALLATION
AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES.
FLOOD INFOFIMATION: THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X" (OUTSIDE) (AREA~.
DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AND FLOOD ZONE "X" (INSIDE) (AREAS OF 500-YEAR FLOOD, AREA
OF I O0-YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE
MILE; AND AREAS PROTECTED BY LEVEES FROM I O0-YEAR FLOOD) AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RATE MAP
(FI R M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 O003E DATED DECEMBER 5,1996.
W P LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN
HEREON THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING FOR
FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID
PROPERTY AS SHOWN.
W.P. LARGE, INC.
ENGINEERING. SURVEYING
· PLANNING.
LANDSCAPE ARCHITECTURE
242 ldUSTkNG TRAIL - SUITE 8
VIRGINIA BEACH, VIRGINIA
P~- (?6?) 4at-to4t · ~ (?~) ~-~tl~
RS l ~l~large.com
i i i i~1 i
PHYSICAL SURVEY
OF
PARCEL-B
SUBDMSION OF
A PORTION OF BLOCKS 22 AND 23, NEST OF BEAUFORT AVENUE
CHESAPEAKE PARK
PLAT RECORDED IN M.B. 144, PG. 52, IN THE CLERK'S OFFICE
OF THE CIRCUIT COURT, VIRGINIA BEACH, VA
VIRGINIA BEACH, VIRGINIA
JOHN A. BOYNEWICZ & RUTH R. BOYNEWIGZ
SCALE: 1"= 20',,, , ~:v; ~ ~-~-,',- o~(%~,,~,.~) SEPTEMBER 12, 200
VIRGINIA BEACH,, ,, _ ! .F'B. 789 Pa. 1 I i'Ll?. C-656
1
J J,~: 201-Z080
SITE
s
/
ss
s
s
s
LOCATION MAP SCALE : 1" -- 1,600'
s
s ss
s
BF. AUFORT.DGN MJ.S.
LOCATION MAP
SHOWING
2531 BEAUFORT AVENUE..,
PROPERTY OF .~
lee
JOHN HA. BOYNEWICZcAzND-..
RUT R, BOYNEWI '
SCALE: 1" -- 100' ", "
~ P
I
PREPPED 8¥ P/W ENG. C.~D D£PT. lY3-APR-2002
2531 Beaufort Avenue
2531 Beaufort Avenue
Item L l l.c.
- 43 -
ORDINANCES/RES OL UTION
ITEM # 4962 7
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED:
Or&nance re temporary encroachment tnto the City's right-of-way
(BA YSIDE - DISTRICT 4)
Lake Bradford by ROBERT M and SUSAN R. RIEVE re
constructtng and matntatmng rip rap and bulkhead at the rear of
One Bradford Pomt
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 City of Vtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval as to stze, ahgnment and
locatton
The temporary encroachment shall terminate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days afier such nottce
ts given, the temporary encroachment must be removed from the
encroachment area by the apphcant and the apphcant wdl bear
all costs and expenses of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst 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
location or extstence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permit
the matntenance and constructton of any encroachments by
anyone other than the apphcant
The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtam a permit from the Office of
Development Servtces Center/Planmng Department prior to
commenctng any constructton wtthtn the encroachment area
The apphcant shall obtatn and keep tn force all rtsk property
tnsurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Cay as addtttonal 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), combmed stngle hmtts of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days' written nottce to the Ctty prtor
to the cancellatton or termtnatton of or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or contingent, with relatton
to the temporary encroachment
May 14, 2002
- 44 -
Ite~ l. ll.c.
ORDINANCES/RESOLUTION ITEM # 49627 (Continued)
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
mannerprovtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such te~nporary
encroachment, and, pendmg such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-
way encroached upon the equtvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
spectfied by the City, the Ctty shall impose a penalty tn the sum
of One Hundred Dollars (MOO 00) per day for each and every
day that such temporary encroachment ts allowed to contmue
thereafter, and, shall collect such compensatton and penalttes tn
any manner provided by law for the collection of local or state
taxes
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
100' STRIP OWNED BY CITY OF VIRGINIA
BEACH AT THE REAR OF ONE BRADFORD
POINT BY ROBERT M. RIEVE AND SUSAN
R. RIEVE, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, ROBERT M. RIEVE AND SUSAN R. RIEVE, desire to
construct and maintain rip rap and bulkhead into the City's 100'
strip of property located at the rear of One Bradford Point.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachments upon the City's 100' strip of
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 Robert M. Rieve and Susan R. R~eve their heirs, assigns and
successors in title is authorized to construct and maintain a
temporary encroachment for rip rap and bulkhead in the City's 100'
strip of property as shown on the map entitled: "PHYSICAL SURVEY OF
THE WESTERN PORTION ON PARCEL 26, SECTION M. CHESAPEAKE PARK FOR
ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE BAYSIDE BOROUGH - VIRGINIA
BEACH, VIRGINIA SCALE:I"-60' JANUARY 8, 1970," a copy of which ~s
on f~le in the Department of Public Works and to which reference ~s
made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
Robert M. Rieve and Susan R. Rieve, (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 Robert M. Rieve and Susan R. Rieve and
the City Manager or h~s authorized designee execute the Agreement.
Adopted by the Council of the C~ty of V~rg~n~a Beach,
Virginia, on the 14 day of May , 2002.
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CA-%
gsalmons/rzeve/ord.
R-1
PRE PARED: 03.26.02
~SD AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
LOCATION MAP :1" =
/
LOCATION MAP
SHOWING
ENCROACHMENT REQUESTED BY
ROBERT M. Ri EVE AND SUSAN R. RIEVE -
, INTO CITY RIGHT-OF-WAY ~..~~
I ONE BRADFORD POINT '~~-I
M.J.S. BRADFORD PT. DGN PREPARED BY P/W ENG. DRAFT. FEB. 27, 2002
PREPARED BY VIRGINIA BEACH
CITY ATFORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 5 $. 1-811 (aX3)
AND 58.1-811(c)(4) REIMBURSEMENT
AU~IHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this"*'~:)}0~k~day ofc,/__~_,~O~k.~ , 20 ~ by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and ROBERT M. RIEVE and SUSAN R. RIEVE, 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 "THE WESTERN PORTION OF PARCEL 26" shown on that
certain plat entitled "PHYSICAL SURVEY OF THE WESTERN PORTION ON PARCEL 26,
SECTION M. CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND SUSAN RHEA
RIEVE BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1"-60' JANUARY
8, 1970" on file with the Office of Real Estate, Department of Public Works, City of Virginia
Beach and being further designated and described as One Bradford Point, Virginia Beach, Virginia
23455; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain rip rap
and existing bulkhead at the rear of One Bradford Point, "Temporary Encroachment", in the City
of Virginia Beach; and
GPIN 1570-31-4930
That, WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City property at the rear of
One Bradford Point on Lake Bradford "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.
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 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: "PHYSICAL SURVEY OF
THE WESTERN PORTION ON PARCEL 26, SECTION M.
CHESAPEAKE PARK FOR ROBERT MURRAY RIEVE AND
SUSAN RHEA RIEVE BAYSIDE BOROUGH - VIRGINIA
BEACH, VIRGINIA SCALE: 1"-60' JANUARY 8, 1970," 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 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 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 $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the Temporary Encroachment.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of The Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($I00.00) 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, Robert M. Rieve and Susan R. Rieve, the said
Grantee has caused this Agreement to be executed by their signature and seal 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
· RieCe
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instnmaent was acknowledged before me this
day of
,20__, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instnunent was acknowledged before me this
day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF [ ,'/~~~~-' _(~ /}
CITY/COUN~ 0~ /.J.2.~ ~~~4o-wit:
~ The foregoing instrument was acknowledged before me this e~Pt~ day of
~~/~~ ~.~, 20o .2:rby Robert M. Reive and Susan R. Rieve.
My Commission Expires:
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY AT~ORNE~i~ x.~
APPROVED AS TO CONTENT
SVAV
! ,
THI~ IS TO CERTIFY THAN ON JANUARY {~, t970 THIS LAND WAS SURVEYED
THE PROPr:::RTY ,~,I-IOWN ON THIS PLAT AND THAT TITLE LINEg AND 'THE WALLS~ OF THE
BUILDINGS ARE AG: ~HOWN ON THI9 PLAT
THE BUILDINOS= S=TAND STRICTLYWITHIN THE TITLE LINES= AND THERE ARE HO
ENCROACHMENTS; OF OTHER BUILDINGG ON THE PROPERTY EXCEPT AS; SHOWN.
RETURN TO HIGH GROU~ID SIGNED ~ ~'....~'~
PROP.OF VA BCH
BACI~IqLL ~
..~~,~,~,~EDGE OF WATER
PIN
Exhibit "A"
PIN -
I§3J]0'
.....
.... S-22:511 W
·
N O NTIDAL lgdATE
(LRN0 LOCK)
BULKHEAD / RIP RAP
RETURN TO ltiGH GROUND
PHYSICAL SURVEY
OF
HE WESTERN PORTION ON PARCEL 26, SECtiON M. CHESAPEAKE PARK
FOR
ROBERT MURRAY RIEVE AND SUSAN RHEA RIEVE
BAY61DE BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 60' JANUARY 6,1970
JOHN E. 81RINE AND A~SOCIATES
SURVEYORS 8, ENGINEERS
VIRGINIA BI~ACH, VIRGINIA
ii i leiI I I I Il I I II I I I · II II Il I '
M~RINE RESOLIFICE8 COMMISSION
REOEIVED
BY.__...__._ -
One E
tford Point, Virginia Beach, vA ?'- '55
Looking North
Looking South
- 45 -
Item L12.
ORDINANCES/RES OL UTION
ITEM # 49628
Upon motion by Counctlman Jones, seconded by Vice Mayor Sessoms, Ctty Counctl ADOPTED:
Or&nance to APPROPRIATE $100,000 from the State and Federal
Government to the Pohce Department's Airplane Enterprise Fund FY
2001-2002 Operatmg Budget re contmuatton of prisoner extraditions
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf,, Nancy K Parker, Vice Mayor
Wtlltam D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
- 46-
Item L13. a.
ORDINANCES/RES OL UTION
ITEM # 49629
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED
INDEFINITEL Y:
Or&nance to AMEND the City Code, 3~ 23-58 re commercial parking lots
tn Resort Tourtst Dtstrtcts
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 14, 2002
Item I. 13. b./c
-47-
ORDINANCES/RES OL UTION
ITEM # 49630
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Ordtnances to AMEND the Ctty Code
b 3~ 21-321 2 re maximum speed limits tn destgnated netghborhoods
c 3~ 6-17, 6-71 and 6-116 re lifeguards
Vottng 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
AN ORDINANCE TO ADD A NEW SECTION TO
THE CITY CODE PERTAINING TO MAXIMUM
SPEED LIMITS IN DESIGNATED
NEIGHBORHOODS
SECTION ADDED' 21-321.2
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
hereby amended and reordained to read as follows:
Sec. 21-321.2. Traffic Calming via Maximum speed limits in
certain residential districts; penalty.
Pursuant to section 46.2-878.2 of the Code of Virginia,
any person who operates a motor vehicle in excess of the maximum
speed limit established for any portion of the following highways
located within the designated neighborhoods, on or after the
effective date, shall be guilty of a traffic infraction punishable
by a non-prepayable fine of not more than $200, in addition to
other penalties provided by law:
Effective as of February 12, 2001:
1. L & J Garden: Norwich Avenue; Tajo
Avenue; Fairlawn Avenue; Dulcie Avenue.
2. Acredale: Andover Road; Langston Road;
Bonneydale Road; Olive Road, Alton Road; Old
Kempsville Road.
3. Lake Shores: Jack Frost Road; Lake
Shores Road.
4. Little Neck: Harris Road.
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Effective as of August 14, 2001.
1. Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S;
Regina Lane; Meredith Road, School Road, Mosby Road,
Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm
Road.
2. Brighton on the Bay: Templeton Lane; Wivenhoe Way;
Starr Way.
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3. Baylake Pines/Baylake Beach: Ben Gunn Road; Indian
Hill Road; Baylake Road; Rampart Avenue; Bayville Road;
Lookout Road; Sandy Bay Drive.
4. Country Haven: Stewart Drive.
Effective as of April 9, 2002'
4. Fairfield' Lord Dunmore Drive.
5. Bellamy Manor- Homestead Drive.
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Effective as of May 28, 2002-
1. Church Point- Church Point Road; Church Point
Place; Timber Ridqe Drive.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of May, 2002.
CA-8464
F-~data~proposed~21-321.2.ord
RI
April 17, 2002
AN ORDINANCE TO AMEND
PERTAINING TO LIFEGUARDS
THE CITY
CODE
SECTIONS AMENDED' ~ 6-17, 6-71, AND 6-116
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 6-17, 6-71 and 6-116 of the City Code are hereby
amended and reordained, to read as follows:
Sec. 6-17. Unsafe swimming or wading areas.
(a) The city manager or his designee is authorized to
prohibit swimming or wading at such times and in such areas or
places as may be determined to be unsafe. Whenever an area has been
determined to be unsafe pursuant to this section, it shall be
unlawful for any person to swim or wade in such area if the area
has been identified as unsafe by the posting of "no-swimming" flags
or other appropriate markers, or after being informed by a police
officer, other public safety official, or l~feguard that the area
has been determined to be unsafe.
(b) Any person convicted of the unauthorized removal or theft
of "no-swimming" flaqs or other caution markers shall be subject to
a two hundred fifty dollar (3250.00) fine.
Sec. 6-71 '-~ Cz6$s Recognized Ccertificate required
(a) It shall be unlawful for any person to accept employment
or to be employed as a lifeguard within the city; to appear on or
at any public or private beach or recreational swimming facmlity
within the city and hold himself or herself out or represent
himself or herself as a lifeguard; to represent himself or herself
as a lifeguard to any employer, prospective employer or any other
person within the city; or publicly to wear any emblem the effect
of which is to cause the public to believe that he or she is a
lifeguard, unless such person holds a certificate from the~v~-'~--~sion
of Imf=saving of the ~mer~can ~ ~ross or some ~y authorized
lifesaver examiner for t~he ~merican Red Czoss, attesting that suc~h
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certificate holder has successfully passed the prescribed test or
examination, and has been determined to be a person duly qualified
in lifesaving work by that society or some subordinate officer or
agent thereof from a formal lifeguard training proqram recognized
by the Department ef Emerqency Medical Services or the Department
of Parks and Recreation.
(b) In addition to the restrictions set forth in subsection
{a), it shall be unlawful for any person, whether or net he or she
is duly certified as a lifeguard, te appear on or at any public
beach er any recreational swimming facility operated by the city
and to hold himself or herself out or represent himself or herself
as a lifeguard unless he or she is employed by er under contract
with the city as a lifeguard.
(c) Any person convicted ef violating any prevision of this
section shall be guilty of a class 4 misdemeanor.
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Sec. 6-116. Surfing generally.
· · ·
(d) Except as otherwise provided herein, from Memorial Day
Weekend to Labor Day Weekend, it shall be unlawful for any person
to use a surfboard in the waters of the Atlantic Ocean, between the
hours of 11-00 a.m. and 4-00 p.m. any day of the week, in the area
from the northern boundary of Camp~u~=~on to ~A~ southern
boundary of~uu== ~-t= from the southern boundary of Rudee Inlet
to the point located two hundred (200) feet north of the northern
boundary of Camp Pendleton.
59
60
61
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 14th day of May, 2002.
62
63
64
CA-8460
DATA/ODIN/PROPOSED/06-017etalord.wpd
R2
May 7, 2002
Item L14.
- 48 -
ORDINANCES/RES OL UTION
ITEM # 49631
Upon motton by Councilman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Resolutton to ESTABLISH the Virginia Beach/Jamestown 2007Steering
Committee re the 400th anntversary of Jamestown
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
A RESOLUTION ESTABLISHING THE
VIRGINIA BEACH/JAMESTOWN 2007
STEERING COMMITTEE AND PROVIDING
FOR ITS MEMBERSHIP, DUTIES AND
DISSOLUTION
WHEREAS, the observance of the 400th anniversary of the founding of
7 Jamestown is scheduled to be a major event in the history ofthe Commonwealth of Virginia;
WHEREAS, a statewide committee has been formed and the General Assembly
9 has committed funding to various initiatives and program activities to encourage
communities throughout the State to each commemorate their connection with the
establishment of the first permanent English colony in the new world;
12
WHEREAS, the City of Virginia Beach occupies an important presence in this
historic event, inasmuch as the expedition of three ships which established Jamestown, first
14 landed in what is known today as Cape Henry and erected the cross which established the
basis for England's claim and the future colonization of America;
16
WHEREAS, the City Council in its 2001 planning retreat placed a high priority
~_ 7 on developing commemorative activities for the 400th anniversary;
WHEREAS, the City Manager tasked the then Director of the Department of
Museums and Cultural Arts to organize this planning process;
2O
WHEREAS, through the efforts of the former Director, various city
departments and community groups have met to form the VB/Jamestown 1607-2007
22 Planning Group and to develop guidelines and parameters for organizing and conducting
23 events for the anniversary observance; and
24
WHEREAS, the Department of Museums and Cultural Arts has recommended
25 that City Council establish a Virginia Beach/Jamestown Steering Committee to ensure the
appropriate coordination with the various state and regional bodies involved in the planning
of the 400th anniversary activities and to provide the recognized authority to seek funding
2 8 from state and private sources to effect the events proposed for VB/Jamestown 2007.
29
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
3 0 CITY OF VIRGINIA BEACH, VIRGINIA:
31
1. That there is hereby established the V~rg~nia Beach/Jamestown 2007
32 Steering Committee (the "Committee");
33
2. That the Committee shall consist of sixteen (16) in&viduals, who shall
34 be appointed by the C~ty Council, which shall give particular consideration to persons who
3 5 are members or representatives of the following groups or organizations: the Francis Land
36 House/Adam Thoroughgood House Board of Governors; F~rst Landing State Park; Fort
3 7 Story; Order of Cape Henry; Nansemond In&an Tribe; Naval Air Station Oceana; Pnncess
3 8 Anne/Virginia Beach Historical Society; Virginia Arts Festival; Virginia Beach Chamber
3 9 of Commerce; Virginia Beach Visions; Virginia Beach Motel & Hotel Association; Virginia
40 Beach School Board; Virginia Beach Arts & Humamt~es Commission; Norfolk State
41 University; Virgima Wesleyan College; and a Chairperson.
42
3. The purposes of the Committee shall be:
43
(a) To coordinate the work of the VB/Jamestown 2007 Planning Group;
44
(b) To provide the recognized authority as needed to seek funding from
45
state and private resources for the events proposed for VB/Jamestown
46 2007;
47
(c) To plan and cooperate with other state and regional bodies who have
48
been established for similar purposes of commemorating the 400th
49
anniversary of Jamestown.
50
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA:
52
That the Committee shall be temporary in nature, and shall stand dissolved
53 w~thout further action by the City Council upon the conclusion of the V~rgima
54 Beach/Jamestown 2007 Commemoration events on or about July 1, 2007
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4
55
56
day of
,2002.
57
58
59
60
CA-8451
ORDIN~NONCODE\
R-2
PREPARED: 04/23/02
APPROVED AS TO CONTENT
Dept o~Museums & Cultural Arts
APPROVED AS TO LEGAL
SUFF~K~IENCY
Department of Law /]
VB/Jamestown 1607-2007 Planning Group Membership *
Mac Rawls
Dr. Robert Albertson
Sam Arrington
Carolyn Barkley
Tom Beatty
Chris Bonney
Shirley Beuche
Dr. Tom Bogger
Lonnie Clement
Lynn Clements
Col. Kevin Donohue (ret)
Roy Dudley
Bob Fort
Sharon Fraim
Col. Edward Gully
Fred Hazelwood
Barbara Henley
Lemoine M. Jones
Glenda Knowles
Ron Kuhlman
Dr. Steve Mansfield
Bob Matthias
Donald Moore
MaryAnne Nixon
Chief Oliver Perry
Mark Reed
Mike Reitelbach
Jim Ricketts
Robert Ruhl
Ruth Smith
Emily Spruill
Fielding Tyler
Sid Vaughn
Hester Waterfield
Planning Group Coordinator
Virginia Wesleyan College
VB Chamber of Commerce
VB Dept. of Pubhc Libraries
Atlantic Wildfowl Heritage Museum
Bonney and Associates
Lynnhaven House/APVA
Norfolk State University
VB Public Schools
VB Dept. of Museums and Cultural Arts
Former CO, Ft Story
Order of Cape Henry
VB Visions
VB Arts and Humanities Commission
Commanding Officer, Fort Story
First Landing State Park
Ferry Farm and VB City Council
Old Coast Guard Station
VB Preservation Partnership
VB Dept. of Convention and Visitor Dev.
Va. Wesleyan College
VB City Manager's Office
VB Genealogical Society
Land/Thoroughgood House Board
Nansemond Indian Tribe
VB Dept. of Museums/Cultural Arts
Hampton Roads Assoc.
VB Dept. of Convention and Vls~tor Dev
VB Dept. of Economic Development
VB City Clerk
VB Dept. of Museums/Cultural Arts
Old Coast Guard Station
PA/VB Historical Society
VB Dept. of Convention and Visitor Dev
*Membership in the VB/Jamestown 1607-2007 Planning Group is open to all persons
and organizations having an interest in the history of Virginia Beach and a desire to
participate in examining events which extend from its beginning as the first permanent
English territory claimed in America to its present day accomphslunents as a great city
Item V-J.
- 49-
PLANNING
ITEM # 49632
1. WES T NECK PROPER TIES, INC.
VARIANCE
CHANGE OF ZONING
CONDITIONAL USE PERMIT
NON-CONFORMING USE
2. KA THR YN B. BA TEMAN
CONDITIONAL USE PERMIT
3. DOMINION CHRISTIAN CENTER
CONDITIONAL USE PERMIT
4. 2 700 INTERNATIONAL PARKWAY CORPORA TION
CONDITIONAL CHANGE OF
ZONING
AND,
CONDITIONAL USE PERMIT
5. MCCOMBS BROS. MOVING AND STORAGE, INC.
CONDITIONAL CHANGE OF
ZONING
6. LINDA T. CHAPPEL
CONDITIONAL CHANGE OF
ZONING
7. CITY ZONING ORDINANCE
AMEND: ~ 203 vehicular parking tn
B-3A Pembroke Central Business
Core District
~ 111 and 901 re the definttton of and
certatn requtrements pertatntng to
outdoor plazas and cafes tn the B-3A
902 to allow reduced setbacks from
streets for buddtngs/structures tn B-3A
May 14, 2002
Item V-J.
- 50-
PLANNING
ITEM # 49633
Upon motion by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl APPROVED in ONE
MOTION Items 1, 3 (DEFERRED), 4, 5, 6 and 7 as PLANNING BY CONSENT
Item 3 was DEFERRED, BY CONSENT, until the City Council Sesston of May 28, 2002
Voting 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctlman Harrtson ABSTAINED on Item 6 (ChappelO as hts law firm has an tnterest tn thts property
Vtce Mayor Sessoms, Counctl Members Harrtson and Jones ABSTAINED on Item 7 a/b/c (B-3A Pembroke
Central Bustness Core DtstrtcO
Counctl Lady Parker voted a VERBAL NAY on Item 7 a/c
Councd Lady McClanan voted a VERBAL NAY on Item 7a/b/c
May 14, 2002
Item V-J. 1
- 51 -
PLANNING
ITEM # 49634
Attorney Edward Bourdon, Pembroke One 5th Floor, Phone 499-8971, represented the apphcant
Mark Erhardt, 2317 In&an Rtver Road, adjacent to the proposed apphcatton, regtstered tn OPPOSITION.
A MOTION was made by Counctl Lady Henley, seconded by Counctl Lady Parker to DENYapphcattons
of WEST NECK PROPERTIES, INC. for a Vamance to 3g 4 4(b) of the Subdtvtston Or&nance re the
thtrty (30)-foot mmtmum pavement width for mtertor streets, and Ordmances for a Condtttonal Change of
Zontng and Condtttonal Use Permtt
Upon SUBSTITUTE MOTION by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl
DEFERRED INDEFINITELY apphcattons of WEST NECK PROPERTIES, INC apphcattons
of WEST NECK PROPERTIES, INC. fora Vartance to 3g 4 4(b) of the Subdtvtston Ordmance re the thtrty
(30)-foot mtntmum pavement wtdth for tntertor streets, and Ordinances for a Condtttonal Change of Zomng
and Condtttonal Use Permit
Appeal to Dectstons of Admtmstrattve Officers tn regard to certain
elements of the Subdtvtston Ordtnance, Subdtvtston for West Neck
Properttes, Inc , a Vtrgtnta corporation Parcel ts located at 3132 West
Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 -
PRINCESS ANNE
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-15 RESIDENTIAL DISTRICT
An Or&nance upon Apphcatton of West Neck Properttes, Inc , a Vtrgtnta
corporatton, fora Change of Zonmg Dtstrtct Classtficatton from A G-1 and
A G-2 Agrtcultural Dtstrtcts to Condtttonal R-15 Restdenttal Dtstrtct at the
northwest corner of West Neck Road and In&an Rtver Road (GPIN #2403-
21-1935, #2403-21-0241) The proposed zontng classtficatton to
Condtttonal R-15 ts for stngle famtly restdenttal land use on lots no less
than 15,000 square feet This stte ts located tn the Transttton Area as
defined tn the Comprehenstve Plan The Comprehenstve Plan recommends
use of thts parcel for appropriate growth opportuntttes, conststent wtth the'
economic vttahty pohctes of Vtrgtnta Beach Satd parcel ts located at 3132
West Neck Road and contains 87 215 acres more or less DISTRICT 7 -
PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE'
PERMIT FOR OPEN SPACE PROMOTION
Or&nance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtnta
corporatton, for a Con&ttonal Use Permtt for Open Space Promotton at
the northeast corner of West Neck Road and In&an Rtver Road (GPIN
#2403-21-1935, #2403-21-0241) Satdparcel ts located at 3132 West Neck
Road and contatns 87 215 acres DISTRICT 7 - PRINCESS ANNE
May 14, 2002
Item V-&Ia/Mc
PLANNING
- 52 -
ITEM # 49634 (Continued)
Vottng 5-4
Councd Members Vottng Aye
Margaret L Eure, Louts R Jones, Robert C Man&go, Jr Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Barbara M Henley, Reba S McClanan, Nancy K Parker Mayor Meyera
E Oberndorf
Councd Members Absent
Ltnwood 0 Branch, III and Wtlham W Harrtson, Jr
May 14, 2002
Item V4.2.
- 53 -
PLANNING
ITEM # 49635
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED Or&nance
upon apphcatton of KA THR YN B. BA TEMAN for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF KA THR YN B BA TEMAN FOR
A CONDITIONAL USE PERMITFOR A RECREATIONAL FA CILITY OF
AN 0 UTDOOR NATURE R 050231021
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Kathryn B Bateman for a Condtttonal Use
Permtt for a recreattonal facthty of an outdoor nature on certatn property
located on the east stde of Prtncess Anne Road, north of Vaughan Road
(GPIN #2401-95-0092) Satd parcel ss located at 1324 Prmcess Anne
Road and contatns 3 acres DISTRICT 7 - PRINCESS ANNE
The followtng con&ttons shall be required
1 Activity allowed by this use permtt shall be hmtted to one party
per day of no more than ten (10) chtldren
The apphcant shall meet wtth the Health Department to
determtne tf any revtstons or upgrades to the water well or septtc
system wtll be requtred prtor to obtatntng a bustness hcense
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of May, Two Thousand
Two
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
May 14, 2002
Item V-d. 3.
- 54 -
PLANNING
ITEM # 49636
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED to May
28, 2002, Or&nance upon apphcatton of DOMINION CHRISTIAN CENTER for a Condtttonal Use
Permtt:
O~INANCE UPON APPLICATION OF DOMINION CHRISTIAN
CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH
Ordtnance upon Apphcatton of Domtmon Chrtsttan Center for a
Condtttonal Use Permtt for a church on the north stde of Lynnhaven
Parkway, east of Round Htll Road (GPIN #1475-65-2426) Satd parcel ts
located at 2159 Lynnhaven Parkway and contatns 1 68 acres
DISTRICT 1 - CENTER VILLE
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 14, 2002
Item V-J. 4.
- 55-
PLANNING
ITEM # 4963 7
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED
Ordtnances upon apphcatton of 2700 INTERNATIONAL PARKWAY CORPORATION for a
Condtttonal Change of Zontng and Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF 2700 INTERNATIONAL
PARKWAY CORPORATION, A VIRGINIA CORPORATION FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 5 TO
CONDITIONAL B-2 Z05021220
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of 2 700 Internattonal Parkway Corporatton,
a Vtrgtnta corporattonfor a Change ofZomng Dtstrtct Classtficattonfrom
R- 7 5 Restdenttal Dtstrtct to Condtttonal B-2 Community Bustness Dtstrtct
on the south stde of Lynnhaven Parkway, 150feet more or less east of
Magtc Hollow Boulevard (GPIN #1496-22-1184 - part 099 The proposed
zoning classtficatton change to Condtttonal B-2 ts for communtty bustness
land use The Comprehenstve Plan recommends use of thts parcel for
restdenttal uses at denstttes that are compattble wtth stngle famtly use tn
accordance with other Plan pohctes Satd parcel contatns 9 46 acres
DISTRICT 7 - PRINCESS ANNE
The followtng condttton shall be requtred
Agreement encompassing proffers shall be recorded wtth the
Clerk of the Ctrcutt Court and ts hereby made a part of the
proceedtngs
AND,
ORDINANCE UPON APPLICATION OF 2700 INTERNATIONAL
PARKWAY CORPORATION, A VIRGINIA CORPORATION FOR A
CONDITIONAL USE PERMITFOR A SELF-STORA GE FA CILITY (MINI-
WAREHOUSES) R050231022
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of 2 700 Internattonal Parkway Corporatton,
a Vtrgtnta corporatton for a Condtttonal Use Permtt for a self-storage
facthty (mira-warehouses) on the south stde of Lynnhaven Parkway, 150
feet more or less east of Magtc Hollow Boulevard (GPIN #1496-22-1184-
part oJ) Satd parcel contatns 9 46 acres DISTRICT 7 - PRINCES5'
ANNE
The followtng condtttons shall be requtred
The stte shall be developed and landscaped substanttally as
shown on the plan entttled, "Prehmtnary Stte Plan for The
Promenade at Lynnhaven GPIN t41496-22-1184 Vtrgtnta
Beach, Vtrgtnta" dated 01/14/01, prepared by Stte
Improvement Assoctates, Inc , whtch has been exhtbtted to
the Vtrgtnta Beach Ctty Counctl and ts on file wtth the
Vtrgtnta Beach Department of Planntng The fence behtnd
the retatl butldtng shall be a black "Jerrtth "fence rather
than the black chatn hnk fence shown on the stte plan
The butldtngs shall be constructed as shown on the submttted
elevatton entttled Proposed Development for THE PROMENADE
AT LYNNHAVEN, VIRGINIA BEACH, VA ", prepared by
Covtngton Hendrtx Archttects whtch has been exhtbtted to the
Vtrgtnta Beach Ctty Counctl and ts on file with the Vtrgmta
Beach Department of Planntng
May 14, 2002
Item V-J. 4.
- 56-
PLANNING
ITEM # 4963 7 (Continued)
Any outdoor hghttng fixtures on the turin-warehouse portton of
the development shall not be erected any higher than fourteen
(14) feet Conststent wtth Sectton 237 of the Ctty Zomng
Ordtnance, all outdoor hghts shall be shtelded to dtrect hght and
glare onto the mtm-warehouse premtses, satd hghttng and glare
shall be deflected, shaded and focused away from all adjotnmg
property
There shall be no electrtc or dtesel power generator or generator
fueled by any other source of energy located outside of any
butldtng
The storage umts shall be used for the storage of goods The
untts shall not be used for office purposes, band rehearsals,
restdenttal dwelhngs, or any other purpose not conststent wtth
the storage of goods
There shall be no bustness tdenttficatton stgnage on the roof of
the butldtngs tn the turin-warehouse facthty or on the fence
tnstalled around the facthty All business tdenttficatton stgnage
shall comply wtth Proffer #6
The mtnt-warehouse facthty shall be completely enclosed except
for necessary opentngs for ingress and egress The gate shall
provtde for Ftre Department access ustng the Knox or Supra
system The gate shall have a fad safe operation tn the event of
a powerfatlure Thefenctng and gate shown on the stte plan
behind the retail butldtng shall be wrought tron style No barbed
wtre, razor wtre, or any other fenctng devtces shall be tnstalled
on the roof or walls of the butldtngs or on any other fence
enclostng the property
These Ordtnances shall be effecttve tn accordance wtth Sectton 107 OO of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of May, Two Thousand
Two
Votmg 11-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 14, 2002
-57-
Item V-J.$.
PLANNING
ITEM # 49638
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED Ordtnance
upon Apphcatton of McCOMBS BROTHERS MOVING and STORA GE, INC., a Vtrgtnta corporatton, for
a Condtttonal Change of Zomng
ORDINANCE UPON APPLICATION OF MCCOMBS BROS MOVING
AND STORA GE, INC , A VIRGINIA CORPORA TIONFOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL I-2 Z05021221
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of McCombs Bros Moving and Storage, Inc ,
a Vtrgtnta Corporation for a Change ofZontngDtstrtct Classtficattonfrom
A G-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal 1-2 Heavy Industrial
Dtstrtct on certatn property located on the east stde of Harper's Road,
7807feet north of Dam Neck Road (GPIN #2405-99-2219) Theproposed
zomng classtficatton change to Condtttonal 1-2 ts for heavy tndustrtal land
uses The Comprehenstve Plan recommends use of thtsparcel for a vartety
of employment uses tncludtng bustness parks, offices, industrial and
employment uses tn accordance with other Plan pohctes Said parcel
contatns 6 41 acres DISTRICT6 - BEA CH
The followmg condttton shall be requtred
An Agreement encompasstng proffers shall be recorded wtth the
Clerk of Ctrcutt Court and ts hereby made a part of the record ~
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Or&nance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtnta, on the Fourteenth of May, Two Thousand
Two
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
None
Councd Members Absent
None
May 14, 2002
McCombs Brothers Moving & Storage
(Revised Plan)
CITY OF VIRGINIA BEACH
Department of Planning
Current Planning Division
Zoning Enforcement (757) 427-8074
Fax (757) 427-4696
Planning Evaluation (757) 427-4621
Fax (757) 426-5667
MEMORANDUM
May 13, 2002
TO:
FROM:
SUBJECT:
James K. Spore, City Manager
A ,
Stephen J. White, Planning Evaluation Coord~nato~~'t~.'j~-~
McCombs Brothers Moving & Storage Change of Zoning
Attached is a copy of the Revised Site Plan that should have been included with
the staff report for the above-referenced Planning Item on City Council's May 14th
Public Hearing Agenda.
Due to miscommunication among staff, the Agenda Request Form to City
Council notes that the item should be deferred to May 28 due to lack of the
revised plan and related proffers being submitted by the legal deadline for such
changes. However, the reality is that the plan and the related proffers were
submitted prior to the legal deadline. As a result, this agenda item can be heard
and acted on at the May 14 City Council meeting.
The plan was revised primarily due to a need to improve the maneuverability of
vehicles on the site. All of the components of the plan are the same as what is in
the City Council package. The modification to the plan is found in the orientation
of the buildings. The storage buildings are now oriented with their long axis
parallel to the side property lines rather than with Harper's Road.
In sum, everything legally necessary for this item to be heard on May 14 is in
order.
Please contact me if you have any questions or need any additional information.
Item V-J. 6.
- 58-
PLANNING
ITEM # 49639
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Cay Councd ADOPTED Ordtnance
upon Apphcatton of LINDA T. CHAPPELL for a Change o_f Zomng Dtstrtct Classtficatton:
ORDINANCE UPON APPLICATION OF LINDA T CHAPPELL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM A G- 1 AND
AG-2 TO CONDITIONAL I-1 Z05021221
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Ltnda T Chappell for a Change o_f Zontng
Dtstrtct Classt_ficatton from AG-1 and AG-2 Agricultural Dtstrtcts to
Conchttonal I-1 Light Industrtal Dtstrtct on the north side of Dam Neck
Road begtnntng at a point 1820feet more or less west of the tntersectton
of Dam Neck Road and London Brtdge Road (Part of GPIN #1495- 74-6391
(2449)) The proposed zomng classtficatton change to Condtttonal I-1 ts
for hght tndustrtal land use The Comprehensive Plan recommends use of
thts parcel for a vartety of employment uses tncludtng bustness parks,
offices, tndustrtal and employment support uses tn accordance wtth other
Plan pohctes Satd parcel contatns 25 711 acres DISTRICT6- BEACH
The followtng condttton shall be requtred
1 An Agreement encompasstngproffers shall be recorded with the
Clerk of Ctrcutt Court and ts hereby made a part of the record
Thts Ordtnance shall be effecttve tn accordance wtth Section 107 09 of the Zonmg Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of May, Two Thousand
Two
Voting 10-0 (By ConsenO
Counctl Members Vottng Aye
Lmwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and
Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Abstatmng
Wtlham W Harrison, Jr
Counctl Members Absent
None
Councdman Harrtson ABSTAINED as his law firm has an interest tn thts property
May 14, 2002
PREPARED BY
Alii i~N & !1 VY, I)C
LINDA T. CHAPPELL
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a mumclpal corporation of the Commonwealth
Virginia
of
THIS AGREEMENT, made this 14th day of January, 2002, by and between
LINDA T. CHAPPELL, Grantor, party of the first part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of
the second part.
WITNESSETH:
WHEREAS, Grantor is the owner of a certain parcel of property located in the
Princess Anne District of the City of Virginia Beach, containing apprommately 25.711
acres and described in Exhibit "A" attached hereto and incorporated herein by this
reference, said property hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the Property from AG-1 and AG-2
Agricultural Districts to I-1 Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land developrnent legislation;
and
GPIN: PART OF 1495-74-6391
RETURN TO. SYKES BOURDON, AHERN & LEVY, P C
PEMBROKE ONE BUILDING, THE FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462
PRFPARED BY
SYKI.',,. I~)1 ~1~1)( ~N.
Alii I~N & I.FVY. I~('
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantor's rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, her successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its governing body and without
any element of compulsion or quid pro quo for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby make the following declaration of conditions
and restrictions which shall restrict and govern the physical development, operation,
and use of the Property and hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor,
her successors, personal representatives, assigns, grantees, and other successors in
interest or title:
1. When the Property is developed, it shall be developed into no more than
fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM
CORPORATE PARK SITE PLAN Virg~ma Beach, Virginia", dated 3/11/02, prepared
by The Spectra Group, which has been exhibited to the V~rgima Beach City Council
and is on file with the Virginia Beach Department of Planning (hereinafter "Site
Plan").
PREPARED BY
SYi~I ',,. I!{)1 tl,~l){ ~N.
Alii lin & I.I VY. I~1
,
Declaration
Restrictions")
Association.
2. The parcels shall be subject to the following mandatory site
development guidelines:
a) A fifty foot (50] Landscape setback from Dam Neck Road shall be
maintained by the Property Owners Association and no
improvements shall be located within the Landscape setback.
b) A twenty foot (20] Landscape setback from London Bridge Road
shall be maintained by the Property Owners Association and no
improvements shall be located within the Landscape setback.
c) A minimum fifty foot (50] building setback shall be required from
London Bridge Road.
d) A minimum thirty foot (30] side yard building setback and rear
yard building setback (on non-through lots) shall be required.
e) No freestanding signage shall be permitted adjacent to either
Dam Neck Road or London Bridge Road and all signage shall
comply with the "SIGN CRITERIA FOR TAYLOR FARM
CORPORATE PARK", dated March 15, 2002 which are included
in the Deed Restrictions described in Proffer number 3.
f) No onsite vehicular parking, outdoor storage, loading docks, or
loading areas shall be permitted between Dam Neck Road and
any building on a parcel adjacent to Dam Neck Road.
g) No building shall exceed forty-five feet (45] in height and the
primary exterior surface of all buildings shall be either brick, split
face block, painted block, concrete panel, stone, wood, E.I.F.S.,
or metal and shall be an earth-tone color or colors. The exterior
surface of any building on parcels numbered 8 through 14 on the
site plan, which are visible from Dam Neck Road shall be either
brick, split face block or stone.
When the property is subdivided it shall be subject to a recorded
of Protective Covenants, Conditions and Restrictions ("Deed
administered by a mandatory membership Property Owners
In addition to the requirements set forth herein, the Deed Restrictions
shall include Articles requiring mandatory assessments for maintenance of the
PRFPARFD BY
ISYkl ~,, I~)I!I~I~)N.
AII[RN & LI-_-VY I~'
landscape buffers and entrance features as well as for Architectural Controls. The
Deed Restrictions have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning.
4. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the AG-l, AG-2 and I-1 Districts and to the
requirements and regulations applicable thereto refer to the Comprehensive Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force
as of the date of approval of this Agreement by City Council, which are by this
reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
PREPARFD BY
~¥1~1.~,, I~()ITI~I)()N,
All[liN & I.["~.
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee.
PREPARED BY
~\II[.IlN & I.LVY.
WITNESS the following signature and seal:
GRANTOR:
Linda~ T. Chal~pell U ' !
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
January, 2002, by Linda T. Chappell, Grantor.
Notary Pubhc
My Commission Expires: August 31, 2002
_(SEAL)
15th
day of
PREPARED BY
,\IIlJ~N & I.I VY, !~{'
EXHIBIT "A"
Metes and Bounds Description
Proposed Taylor Farms Industrial Park Development
Beginning at a point on the southern right-of-way line of London Bridge Road, said
point being on the dividing line of property of The Edmonds Company Virginia (Deed
Book 2392 at page 1066) and Taylor Farms LLC (Deed Book 3799 at page 1331),
thence along the southern right-of-way line of London Bridge Road along a curve to
the left having a radius of 1949.86 feet and an arc length of 334.43 feet and whose
chord bearing and distance are South 74° 52' 54" East - 334.02 feet; thence, South
79° 47' 43" East -1101.74 feet; thence, departing the southern right-of-way line of
London Bridge Road across the lands of Taylor Farms LLC South 10° 12' 17" West-
275.00 feet; thence, South 79° 47' 43" East - 11.91 feet; thence, South 10° 12' 17"
West - 466.19 feet to a point on the northern right-of-way line of Dam Neck Road;
thence, along the northern right-of-way line of Dam Neck Road in a westerly
direction, North 78° 36' 53" West - 1728.63 feet; thence, North 11° 23' 07" East -
45.00 feet; thence, North 78° 36' 53" West - 6 34 feet to a point on the dividing line
of property of Taylor Farms LLC and The Edmunds Company Virginia; thence along
the dividing line of the above mentioned parcels North 61° 23' 28" East - 286.69 feet;
thence, North 12° 53' 59" East - 97.67 feet; thence, North 13° 54' 14" East - 175.28
feet; thence, North 4° 41' 19" East - 97 91 feet; thence, North 32° 33' 49" East -
150 77 feet to the point of beginning. The above referenced metes and bounds
description encompassing 25.711 acres.
GPIN NO.: 1495-74-6391 (PART OF)
CONDREZN / CHAPPELL/TAYLRFRM / PROFFER
- 59-
Item V-J. 7. a/c
PLANNING
ITEM # 49640
Upon motton by Counctlman Jones, seconded by Vice Mayor Sessoms, Ctty Counctl ADOPTED:
Apphcattons of the Ctty of Vtrgtnta Beach to AMEND the Ctty Zomng
Ordtnance (CZO)
3~ 203 vehicular parking reqmrements tn the B-3A Pembroke
Central Business Core District, provtstons pertatnmg to the
required chmenstons of parkmg spaces and the use of compact
car spaces tn parktng garages and structures tn all zontng
dtstrtcts
c § 902 to allow reduced setbacks from streets for butldtngs and
structures tn the B-3A Pembroke Central Business Core District
Vottng 6-2 (By ConsenO
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf and Rosemary Wtlson
Council Members Vottng Nay
Reba S McClanan and Nancy K Parker
Council Members Abstatntng
Wtlham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wtlham D &'ssoms, Jr
Counctl Members Absent
None
Counctlman Harrtson DISCLOSED and ABSTAINED hts law firm represented the developer's lender tn
conjunctton wtth the Town Center project
Counctlman Jones DISCLOSED and ABSTAINED he has an ownershtp tnterest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered into a parttctpatton agreement wtth
Monarch Bank for a hne of credtt to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes,
wtll manage the Town Center for the project 's developer, Town Center Assoctates Also, Resource Bank ss
tn negottattons to lease a new butldtng at the Town Center
Vtce Mayor Sessoms DISCLOSED and ABSTAINED as he ts an officer of Wachovta Bank whtch recently
merged wtth Ftrst Unton Nattonal Bank }Yachovta Bank has provtded financtngfor the Town Centerproject
May 14, 2002
1 REVISED 5-6-02
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AN ORDINANCE TO AMEND VEHICULAR PARKING
REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL
BUSINESS CORE DISTRICT AND PROVISIONS
PERTAINING TO THE REQUIRED DIMENSIONS OF
PARKING SPACES AND THE USE OF COMPACT CAR
SPACES IN PARKING GARAGES AND PARKING
STRUCTURES IN ALL ZONING DISTRICTS
Section Amended- City Zoning Ordinance ~ 203
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That Section 203 of the City Zoning ordinance be, and hereby
is, amended and reordained to read as follows-
Sec. 203. Off-street parking requirements.
(a) The following specified uses shall comply with the
off-street parking requirements designated therefor'
(14) Eating and drinking establishments accessory to a hotel'
At least one space for each three hundred (300) square
feet of floor area in dining area;
(20) Lodging units- At least one space per lodging unit;
(21) Meeting rooms and convention hall facilities accessory to
a hotel- At least one space per twenty (20) seating
capacity;
(b) General standards. The following requirements shall
apply to all off-street parkinq spaces:
(1) Any off-street parking space, including spaces
provided above the minimum required, shall have
minimum dimensions of nine (9) feet by eighteen
(18) feet, except that in parkinq qarages and
parking structures, minimum dimensions shall be
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eight (8) feet, nine (9) inches by eiqhteen (18)
feet~ provided that and minimum dimensions for all
parallel parking spaces shall be nine (9) feet by
twenty-two (22) feetL
(2) In any parkinq structure or parking qarage, the
Planning Director may allow a maximum of two
percent (2%) of the total number of spaces within a
parkinq qaraqe or structure to be compact car
spaces if he finds that (i) the unusual shape,
size, configuration or other buildinq condition of
the parkinq structure or parkinq garage precludes
the efficient layout of parkinq spaces meetinq the
dimensional requirements of this section, thus
resultinq in residual space within such parking
structure or parking qaraqe; and (ii) the use of
compact car spaces would not substantially reduce
the overall safety, ease of inqress and egress, or
efficiency of the layout of parking spaces;
provided that wi~--
(3) Within a parking lot or an enclosed parking garage
or structure twenty-five (25) percent of the spaces
provided may be designated for compact cars~
provided that (i) the minimum dimensions shall be
eight (8) by seventeen (17) feet for regular
compact car spaces or eight (8) by twenty (20) feet
for parallel compact car spaces and (ii) all such
compact car spaces shall be clearly marked with the
wording "Compact Cars Only=" prov~u=~ ..... further, =7_~at
where Where the width of a parking space abuts a
street frontage landscaping strip ~nd-~or interior
landscaped areas, the length of the parking space
may be reduced by one and one-half (1.5) feetr=
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(6)
(4) Each space shall be unobstructed, ~M~a-t-~ have access
to a street and shall be so arranged that any
automobile may be moved without moving another,
except in the case of parking for one- and
two-family dwellings and in the case of parking for
employees on the premises. In parkinq garages and
parking structures, structural encroachments into a
maximum of thirty percent (30%) of the spaces may
protrude into the front portion of a parking space
not more than one (1) foot as measured
perpendicularly to the drive aislerL
(5) Ail spaces shall comply with the Specifications and
Standards of the Department of Public Works, and
where such Specifications and Standards do not
apply, parking surfaces shall be provided and
maintained with an all weather surface. Where
parking areas are illuminated, all sources of
illumination shall be so shielded as to prevent any
direct reflection toward adjacent premises in
residential, apartment, or hotel districts. In
~u~itiO~ ~
Parking areas fer three (3) or more automobiles
shall have individual spaces marked, except in the
case of parking fer one- and two-family detached
dwellings, and spaces shall be se arranged that no
maneuvering directly incidental to entering or
leaving a parking space shall be on any public
street, alley, or walkway~ ; and
Hinimum aisle width required for parking areas
shall be according to the following table:
Parking Angle
(in degrees)
Aisle Width
(in feet)
0--44 12
45--59 13.5
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120
121
60--69 18.5
70--79 19.5
80--89 21
90 22
In addition, in any parking garage or parking structure a
drive aisle adjacent to a parking space which is less than
nine (9) feet by eighteen (18) feet shall be at least
twenty-three (23) feet in width.
(g) Notwithstanding any ~t4~e~r contrary provision of this
section, within the B-3A Pembroke Central Business Core District,
there shall be provided for nonresidential uses, except hotels and
uses accessory to hotels, no fewer than ~ three (3) spaces per
one thousand (1,000) square feet of gross floor area, and for
residential uses no fewer than ~ one and seven-tenths (1.7)
spaces per dwelling unit. Parking requirements for hotels and uses
accessory to hotels shall be as specified in subsection (a)
(h) Notwithstanding anything in this ordinance to the
contrary, required off - street parking for any use located on
property within the B-3A Pembroke Central Business Core District
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may be made available for use by the general public as well as by
the customers or patrons of such use. The required number and
dimensions of parking spaces shall be as specified in this section,
and no parkinq space shall be used to satisfy the parking
requirement of more than one establishment.
(i) In any application for the change of zoning district
classification of any property to B-3A Pembroke Central Business
Core District, the applicant shall demonstrate that there is
sufficient available parking for the proposed use or uses, either
on the property which is the subject of the application or on other
property within one thousand, five hundred (1,500) feet of the
proposed use such parking is intended to serve. If parking is to
be provided off - site, it shall meet the requirements for off -
site parking facilities set forth in Section 901 of this ordinance.
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Alternatively, the applicant may contract with a public entity for
the use of publicly - owned parking spaces on such terms as may be
agreed upon by the applicant and the public entity, subject to the
approval of the City Council.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of May, 2002.
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CA-8434
wmm~ ordre s \ c zo203ordin, wpd
R-7
May 6, 2002
AN ORDINANCE TO ALLOW REDUCED SETBACKS
FROM STREETS FOR CERTAIN BUILDINGS AND
STRUCTURES IN THE B-3A PEMBROKE CENTRAL
BUSINESS CORE DISTRICT
SECTION AMENDED' City Zoning Ordinance
§ 902
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WHEREAS, the public necessity, convenience, general
welfare and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA-
That Section 902 of the City Zoning Ordinance is hereby
amended and reordained, to read as follows-
Sec. 902. Dimensional requirements.
(b) The following chart lists the requirements within the
B-3A Pembroke Central Business Core District for minimum lot area,
width, and yard spacing for all uses and structures
(1) Minimum lot area in square feet'
(2) Minimum lot width in feet-*
(3) Mznzmum o=tbac~o along Virginza Dea~ ....... ~uu~evard
and Independence~'~vard, measured ~n ~==~ from
the setback bas=Izne of the otreet as ~=~.~=~ o~.
the Pembroke CBD Core .............. ~=~=
Minimum setback from a street, unless a reduced
setback is allowed pursuant to subsection (bl)
(4) Maxiumum setback from a street, unless a greater
setback is allowed pursuant to subsection (bl)
4a_ Mznzmum o=~ac~ yard s=tbacks ~~
Drzve, Co .... ~us o ~ =~ and Jeanne
~ ~ILL~ ~ ~ ILL~~
zn f==t fz-~ the s=t~--'-~ basel~ne of the
as ~=fzned ~ the ~--=~=~~= ......... ~ Coreo=~-=back
Baseline Map
(5a) Mznzmum setbacks along~-~=t Street, ~-~n Street
and Front Stzeet, unleoo otherwi~= ,~=~zoned herein,
meas~=~ zn f~t from ....... of the
street, =o defzned o~ ~= P--=~roke C~ Core Set
Baseline Map
Maximum setb=c~--~o along ......... Street,
and Front Street, measured zn feet from the setback
~aoeline of the o~i-e=t, as defined on the
E ~ILLJ~; ~-
~ Core Setback Baa=line
B-3A
10,000
100
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(5c)Minimum setbacks along Central .... :~'- Avenue from
Independence ~oulevard to ~-J~=~ Street and
~_ ~_ ~ILL
?font Street to Constitution Drive, as measured in
~=~ ~u.~ the ~e ...... basel~ne,
~u~ as defined on the
Pembroke ~ Core .............. ' ...... 43
(5al)Maximum set~~--'-- along ~,~~' Park Avenue from
Independen~= ~-evard to ......... Street and .....
Front Street to Constitution Drive, as measured
~n ~ ~. the setback ~---':---
~:~,=, as defined on
,
~-~,~ :~,.~~~--~ .......... ~ Core Setback Basel~ne Map
(5e)Minimum setback along Central Park Avenue from
· -~=u ou===u to Front Street, ~ measur in
feet from the setback baseline, as defined on
~= :~.~~ ~ Core Setback ~~,~ Map
(Sf)~-"imum~-~o~ setback along Central Park Avenue from
~_ =.1=_ J- K", .&. ....~- d
~-~~u ~u~=~u to Front Street, as measure in
~ ~,. the setback ' ....
u~o~-~ as def'
~l~u on
the Pembroke CBD Core Setback Saseline Map
~ (5) Minimum side yard setback in feet, unless other-
wise identified herein or a greater setback is
required by section 903- 0
~ (6) Minimum rear yard setback in feet, unless a
greater setback is required by section 903' 0
· Where applicable, newly created corner lots must also adhere
to section 4.4 (c) of the Subdivision Ordinance, requiring
additional lot width on certain owner lots.
Except as otherwise provided herein, setbacks affecting only
the first floor of multistory buildings may be increased by no more
than twenty (20) feet in order to allow the creation .of covered
passageways within the B-3A District. In addition, building
setbacks adjacent to roadway intersections may be increased to
provide safe and reasonable line-of-sight clearances.
(bl) Notwithstanding the requirements of subsection (b), the
Planning Director may allow a qreater or lesser setback from any
street under the followinq circumstances-
.(1) The proposed development for which the reduced
setback is sought is of a type and quality
consistent with the standards and guidelines set
forth in the Comprehensive Plan and the Pembroke
Central Business District Master Plan;
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(2) the proposed development does not include any
buildings or parcels which are not vmsually and
functionally integrated into the entire
development;
(3) such setbacks do not compromise the intended Goal
of achieving a safe, attractive, high-quality,
urban and pedestrian-oriented development;
(4) the proposed development incorporates other
recognized urban design standards and principles
that advance the intent of the B-3A Pembroke
Central Business Core District;
(5) if a reduced setback is sought, such reduction
will not cause undue interfere with the use of the
public right-of-way by pedestrians; and
(6) if an increased setback is sought, the urban
character of the district will not be
compromised.
(b2) Applications for reduced or increased setbacks pursuant
to subsection (bl) shall be submitted the Planning Director and
shall include a detailed plan of development and streetscape plan
showing the relationship of all existing and proposed buildings,
pedestrian improvements, sidewalks, parking lots, site landscaping
and other physical improvements and such other information as the
Planning Director may require as being necessary to determine
whether the application meets the criteria set forth in subsection
(bi).
(b3) In the event the ?ianning Director denies an application
for reduced or increased setbacks pursuant to subsection (bi), the
applicant may appeal such denial to the City Council within twenty-
one (2i) days of the date on which the application was denied.
Adop%ed bY the Coe~Ci%
oP the 1-z~t~ da~ of t4a¥,
· BeaCh '
of- the
- 60 -
Item V-J. 7. b.
PLANNING
ITEM # 49641
Upon motton by Counctlman Jones, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Apphcattons of the Ctty of Vtrgtnta Beach to AMEND the Ctty Zomng
Ordinance (CZO)
b. ~3~ 111 and 901 re the definttton of and certatn requtrements
pertatntng to outdoor plazas and cafes tn the B-3A Pembroke
Central Business Core District
Vottng 7-1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Abstatntng
Wtlham W Harrtson, Jr, Louts R Jones and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Absent
None
Councdman Harrtson DISCLOSED and ABSTAINED hts law firm represented the developer's lender tn
conjunctton wtth the Town Center project
Counctlman Jones DISCLOSED and ABSTAINED he has an ownershtp tnterest tn Resource Bank, whtch
exceeds three percent of tts total equtty Resource Bank has entered tnto a parttctpatton agreement wtth
Monarch Bank for a hne of credit to Armada Hoffler Properttes It ts hkely that Armada Hoffler Properttes,
wtll manage the Town Center for the project's developer, Town Center Assoctates Also, Resource Bank ts
tn negottattons to lease a new butldtng at the Town Center
Vtce Mayor Sessoms DISCLOSED and ABSTAINED as he ts an officer of Wachovta Bank which recently
merged wtth Ftrst Unton Nattonal Bank Wachovta Bank has provtded financtngfor the Town Centerproject
May 14, 2002
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AN ORDINANCE TO AMEND THE DEFINITION
OF, AND CERTAIN REQUIREMENTS
PERTAINING TO, OUTDOOR PLAZAS AND
OUTDOOR CAFES IN THE B-3A PEMBROKE
CENTRAL BUSINESS CORE DISTRICT
Sections Amended- CZO §~ 111 and 901
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 111 and 901 of the City Zoning Ordinance are
hereby amended and reordained to read as follows-
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated-
Outdoor plaza. An outdoor open area designed to c~eate a
special, pedestrian entryway to a major building or complex~
located in an urban settinq, which is intended be used by the
public for walkinq, slttinq, mnformally meetinq and simmlar
activities.
Sec. 901. Use regulations.
(al) Outdoor cafes and outdoor plazas in the B-3A Pembroke
Central Business Core District.
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(a) Notwithstanding any contrary provision of this ordinance,
outdoor cafes within the B-3A Pembroke Centra[ Business
.... 1_~_~ '
Core District sha''~l be ~j~ to the followzng
requirements-
(1) O===vur ~==o shall not occupy more than one thousand
(1,000) square feet of area outside of an enclosed building,---~
,
(~) ....... ' ........... ' ......... setback baselmne of any
~ ~ll~ ILL~ ~IL~ILL ~~ ~ ~VXLL
street shall be twenty (20) feet greater than otherwise provided in
section 902.
(b) Notwithstanding any contrary provision of this
subsection, outdoor plazas within the B-3A Pembroke
Central Business Core District shall be subject to the
following requirements criteria-
(I) Outdoor plazas ~ should be located only at the
entrance~ to ~ major building~ ,building complex or
parking facility and other appropriate areas te
provide safe, attractive and accessible public
urban epen spaces for those who live, work and
visit the area. The size and configuration of
outdoer plazas and attendant amenities shall be
reviewed by the Planninq Director to ensure
conformance with these and other related objectives
as set forth in the Comprehensive Plan and Pembroke
Central Business District Master Plan; and
(2) ~- ' ......... ' ...... '~--
· ~= maxzmum setback fr~.~ the ~=~~ ~=l~
any o~==~ s~,~l be fzfty (50)~==~ g~=~ter than
otherwise ....... ~-~ ' ---~'
(3) '~-~,,= overall w~,, of an outdoor plaza shall
exceed thirty (30) percent of the total buildable
......... f the '-I ' --~'-~ '~ ' ...... ~- --~
(e ~) The architectural deszgn shall conform to the
purpose and intent of the Central Business District
Master Plan.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of May, 2002.
CA-8392
wmmkordres koutdoorpla zaordin, wpd
R-3
March 29, 2002
- 61 -
Item V-K.
APPOINTMENTS
ITEM # 49642
BY CONSENSUS, City Counctl RESCHEDULED APPOINTMENTS:
YOUTH SER VICES COORDINA TING COUNCIL
May 14, 2002
Item V-K. 1.
- 62 -
APPOINTMENTS:
ITEM # 49643
Upon motion by Vice Mayor Sessoms, City Council NOMINA TED:
Raymond Kirby (Family Member)
COMMUNITY SER VICES BOARD
(to be appointed 5/28/02)
[In accordance with Virginia State Code, Section 3 7.1-195, information
on the above proposed appointee is available in the Office of the City
Clerk]
May 14, 2002
Item V-K. 3.
APPOINTMENTS
ITEM # 49644
Upon motton of Vtce Mayor Sessoms, Ctty Council
Extended Terms to comply with new State Legislation
Edward L. Hamm, Jr.
5/31/03 - 6/30/03
Jody M. Wagner
5/31/02 - 6/30/05
EASTERN VIRGINIA MEDICAL SCHOOL
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Barbara M Henley, Louts R Jones, Reba S McClanan,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
Ltnwood 0 Branch, III and Wtlham W Harrtson, Jr,
May 14, 2002
Item V-K. 4.
APPOINTMENTS
ITEM # 49645
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Councd APPOINTED:
VIRGINIA BEA CH HEAL TH SER VICES AD VISOR Y BOARD
Bill Russell
Unexpired thru 3/31/03
Vicki G. Gray
3/1/02 - 3/31/05
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Margaret L Eure, Barbara M Henley, Louts R `iones, Reba $ McClanan,
Robert C Man&go, .Ir, Mayor Meyera E Oberndorf Nancy K Parker,
Vtce Mayor Wdham D Sessoms, .Ir and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III and Wtlham W Harrtson, Jr,
May 14, 2002
- 65 -
Item V-M, 1.
NE W BUSINESS
ITEM ii 49646
BY CONSENSUS, CITY CLERK TO RECORD
ABSTRA CT OF CIVIL CASES RESOLVED - April 2002
May 14, 2002
- 66-
Item V-M.Z
NE W BUSINESS
ITEM # 4964 7
B Y CONSENSUS, CITY CLERK TO RECORD
The Abstract of Votes, as recorded by the General Regtstrar, from the
COUNCILMANIC ELECTION held May 7, 2002, ts on file wtth the Ctty
Clerk
May 14, 2002
- 67-
Item V-N. ITEM # 49648
ADJOURNMENT
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8:17 P.M.
Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtma Beach
Vtrgtnta
May 14, 2002