FEBRUARY 5, 2002 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, Ill, Beach - D~stnct 6
MARGARET L. EURE, Centervdle -Dtstnct 1
WILLIAM W HARRISON, JR, Lynnhaven - D~stnct 5
BARBARA M HENLEY, Princess Anne - D~strtct 7
LOUIS R JONES, Baystde - D~stnct 4
REBA S McCLANAN, Rose Hall - D,stnct 3
ROBERT C MANDIGO, JR, Kempsvdle - D~stnct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, City Manager
LESLIE L LILLEE C~ty Attorney
RUTH HODGES-SMITH, MMC, Oty Clerk
of V r inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING i
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE (757) 4274504
FAX (757) 426-5669
EMAIL. Ctycncl~ctty virginia-beach, va us
February 5, 2002
CITY MANAGER'S BRIEFINGS
- Conference Room -
A.
TRANSITION AREA PLANNING REPORT
Robert J. Scott, Director- Department of Planning
B.
COMPENSATION/COMPRESSION STUDY RECOMMENDATIONS
Susan D. Walston, Chief of Staff
Fagan D. Stackhouse, Director - Human Resources
~:~0 PM
H. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV INFORMAL SESSION
- Conference Room-
3:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Co
Reverend Edwin A. Rucker
City of Refuge Christian Church of Virginia
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STA~ES OF 32vIE~CA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. SPECIAL FORMAL and CLOSED SESSIONS
2. INFORMAL & FORMAL SESSIONS
January 15, 2002
January 22, 2002
G. AGENDA FOR FORMAL SESSION
H,
MAYOR'S PRESENTATION
1. DISTINGUISHED BUDGET PRESENTATION
Government Finance Officers Association
Catheryn R. Whitese11, Director - Department of Management Services
PUBLIC HEARINGS
1. AGRICULTURAL RESERVE PROGRAM (ARP) - District 7 - Princess Anne
a,
81.17 acres - Head of River Road
42.07 acres - Head of River Road
2. CONVEYANCE OF CITY EASEMENT - Ocean Park Beach
ORDINANCES
.
Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easements and ~ssuance of contract obligations:
(DISTRICT 7 - PRINCESS ANNE)
a. Chesapeake Land Development, L.L.C. 81.17 acres $349,316
Installment Purchase Agreement No. 2002-43
b. Chesapeake Land Development, L.L.C. 42.07 acres $200,065
Installment Purchase Agreement No. 2002-44
2. Ordinance to AUTHORIZE the City Manager to:-
ao
accept a Deed of Partial Termination from the United States of America to vacate
a portion of the Lynnhaven dredge spoil site re construction of a boat ramp and
beach facility
b,
execute a deed to convey an easement to the United States of America re
placement of beach quality sand onto Ocean Park Beach
.
Ordinance to AMEND § 23-51 and § 23-53.1 of the City Code re Tattooing and Body
Piercing (Deferred January 8, 2002)
·
City Attorney's Recommendation: INDEFINITE' DEFEI~L~L
0
.
Ordinance to AUTHORIZE acquisition of property re right-of-way for Hungarian Road
and acquire temporary or permanent easements by agreement or condemnation.
Ordinances to AUTHORIZE temporary encroachments:
ae
CHARLES R. and CHRISTINE D. ELLIN - a portion of the City's canal,
known as "Grebe Harbour", at 309 Grebe Crescent re construction of a wharf
(DISTRICT 7 - PRINCESS ANNE)
b,
JOHN A. SMITH and KATHLEEN SMITH - a portion of the City's canal at
2408 Entrada Drive, Lago Mar, re construction and maintenance of a bulkhead,
rip rap and platform
(DISTRICT 7 - PRINCESS ANNE)
Ke
PLANNING
1. Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West
Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres.
(DISTRICT 7 - PRINCESS ANNE) (Deferred January 22, 2002)
a.
Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot
minimum pavement width for interior streets
be
Change of Zonin. g District Classtfication from AG-1 and AG-2 Agricultural
to Conditional R-15 Residential
c. Conditional Use Permit re Open Space Promotion
Recommendation:
APPROVAL
L,
APPOINTMENT
DEVELOPMENT AUTHORITY
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
01/31/02
AGENDA\02/05/02
www.vbgov.com
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD- Telephonic Device for the Deaf)
OUR N~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~ma
February 5, 2002
Mayor Meyera E Oberndorf called to order the Ctty Manager's Brtefing re TRANSITION AREA
PLANNING tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, February 5, 2002, at
200 PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Absent
Wtlham W Harrtson, Jr [Entered 2 05 P M]
-2-
CITY MANA GER 'S BRIEFING
TRANSITION AREA PLANNING REPORT
2:05 P.M.
ITEM # 49234
Robert J Scott advtsed the Transition Area ts the area estabhshed tn the Comprehensive Plan, bounded
by the Green Line and In&an Rtver Road If one were to come back and vtstt Vtrgmta Beach tn twenty-five
years, one would hke to see an eastly recogmzable area of the Ctty even decades from now that (a) combines
low density residential with open space and recreational opportunities emphasizing the latter; (b) requires
character transition between the urban areas to the north and the rural areas to the south; and, (c) affords
the need to support infrastructure with the exception of Princess Anne Commons and the Municipal
Center as well as some preexisting traffic considerations.
There are problems assoctated wtth the Comprehensive Plan, dtsagreement wtth the meantng of the
gutdtng language (uncomfortably wtdespread vtews) Thts Plan ts logtcally strong The language ts
somewhat broad On November 20'h, the Ctty Counctl and Planmng Commtsston conducted a JOINT
MEETING and the Transition Area was tndtcated to be a htgh prtortty tn the upcomtng revtew of the
Comprehenstve Plan At the present trine, there are plans tn process whtch wtll determtne the future of the
area before approval of the new Comprehenstve Plan Mr Scott &splayed a map deptcttng these areas
where properttes are under revtew City staff ts currently tn discussion with owners of properttes tnvolvtng
several hundred acres whtch could reasonably expect to be revtewed wtthtn the next two months By the ttme
revtew of the Comprehenstve Plan ts completed, the transition area couM be completely occupted
There are three alternattves
Matntatn the status quo, move forward wtth the present Comprehenstve
Plan
Make the Transttton Area a prtortty wtth the Comprehensive Plan
Agreement relattve the tnterpretatton of the language
Currently tn the Comprehenstve Plan there are three secttons whtch gtve gutdance relattve proposed
projects tn thts area
The Comprehenstve Plan states the project should be developed at a denstty whtch ts the lowest of the
followmg (1) Denstty, which tn the optmon of City Counctl, estabhshes the restdenttal component as
secondary (2) The Denstty, whtch tn the optnton of Ctty CounctI, assures the character oJ the project ts tn
keeptng wtth the character of the transttton area (3) The traffic eqmvalent of one dwelhng untt per
developable acre
In practice, the aforementioned Item 3 has assumed much tmportance, while the first two components are
of less tmportance Each of the proposed projects has a combtnatton of restdenttal denstty, whtch generates
traffic, and a type of amemty whtch also could generate traffic Therefore, the more amemty you have, the
less denstty you have and the more denstty, less amemty Mr Scott ts concerned as he does not beheve thts
was the tnterpretatton of Ctty Counctl Mr Scott beheves an tntertm approach should be developed whtch
clarifies the meaning of the current language Thts tntertm approach should call upon the prtnctples of the
enttre Comprehenstve Plan, not just the Transition Area to gutde us tn these answers Mr Scott suggested
the followtng three prtnctpals be utthzed tn revtewtng an apphcatton
(1) Degree to whtch theplanpreserves andprotects apubhc amentty
of natural features on the stte (wetlands, floodplatn, other areas
of envtronmental tmportance)
Although thts ts one contiguous area of the City, the apphcattons are vastly &fferent tn charactertsttcs To
address all wtth one set of rules mtght not be fatr Take statements estabhshtng the prtnctples and reduce
them to a method of allocattng denstty up to one dwelling unit per acre
The Ctty Counctl placed a hypothettcal example of a 250-acre project tn the Comprehenstve Plan whtch had
as tts amentty a golf course wtth outhnes for development The language ts clear City Counctl was true to
theprtnctples that the amemty of recreattonal resources was first wtth restdenttal second The denstty whtch
was derived was less than one unttper acre Ctty Counctl also tnserted anotherparagraph stattng excepttons
to all the denstty rules can be made for projects of "extraordinary public benefit". ,4 more descrtpttve and
quanttfytng explanatton of "extraordtnary pubhc benefit" needs to be defined
February 5, 2002
-3-
CITYMANAGER'S BRIEFING
TRANSITION AREA PLANNING REPORT
ITEM # 49234 (Continued)
Mr Scott suggested devtstng an approach gtvtng credtt for the degree to whtch a property owner or a
potenttal developer would strtve toprotect the natural resources extsttng on the stte t e floodplatn, wetlands,
etc
Utthze the prtnctpals tn the Comprehenstve Plan as a basts for
gtvtng credtt to the property owners for the degree to whtch they
tncorporate good restdenttal destgn mto the project Good
restdenttal design tn thts area of the Ctty mtght not be the same
as destgn elsewhere tn the City
Randall Arendt, one of the natron's leadtng authortttes on conservatton destgn, held a Conservatton Destgn
Workshop at the Hampton Roads Plannmg Dtstrtct Commtsston (HRPDC) on September 10, 2001,
tncorporattng tmportant prtnctples of destgn Twenty-five years from now, thts Transttton Area should be
eastly dtsttngutshable by tts destgn
Nature and degree of the amemty must work the opposite of the
current language The better the amemty, the more denstty, the
apphcant should recetve The language at the present ttme
reflects the less the amemty, the more denstty ts recetved by the
apphcant
Mr Scott suggested commenctng at a denstty of ~ dwelhng untt per acre, and tf the apphcant conforms to
the three prtnctpals, the one unit per acre density would be recetved
Mr Scott advtsed tn properttes affected by the trails and greenways lard out by the Parks and Recreatton
Commtsston, tt ts lmperattve these be tncorporated tnto theproposed apphcant 'splan Thts must be the first
constderatton Indtvtduals who own smaller parcels should be treated the same as others Ifa developer
comes forward wtth a ptece of property that ts just an open field, he has no preservatton of resources Rules
should be apphed tn a way that does not penahze these apphcants
Mr Scott advtsed he was dtscusstng deahng with properttes which have shown they are not tax neutral or
revenue postttve The Ctty ts not a restdenttal developer and there was no restdenttal assoctated wtth the
Amphttheater, Soccer complex and TPC Golf Course Counctl Lady Eure advtsed thts dtd tncrease the value
of the property adjacent to tt whtch could become restdenttal Mayor Oberndorf advtsed the Ctty was
hterally butldtng a "sports vtllage"
Counctl Lady Henley advtsed all of the Transition Area ts tn her Dtstrtct, and tt ss dtfficult to explam
development to the ctttzens tn thts area There seems to be an assumptton the one umtper acre ss automattc
Mr Scott has advised that the one umt per acre ss the cethng In revtewtng the Comprehenstve Plan pubhc
meettngs last Fall, there ts clearly much concern retattve sprawl and the Green Line
Mr Scott advtsed the 1192 acres the City purchased plus the 125 acres added-on have been supported by
tnfrastructure Dam Neck Road has been extended This area (Princess Anne Commons) has provtded
"extraordinary public benefit" Astde from these factors, one of the reasons the denstty tn the Transttton
Area has been estabhshed so low ("one unit per acre") ts because of the anticipation that addmonal
tnfrastructure (only mtnor adjustments t e stratghten curves)wtll not be needed to support theproject When
the Green Line was estabhshed tn 1979, the prtnctple reflected was north of the Green Ltne, infrastructure
can afford to be butlt South of the Green Ltne, this tnfrastructure cannot be provtded tn the foreseeable
future Foxfire, Courthouse Estates and Three Oaks were butlt as a result of the downzomng httgatton
The Ctty Zomng Or&nance defines the density credit Denstty credtt ss not recetved for Ctty defined wetlands
and secttons of floodplatns However, jurtsdtcttonal wetlands, defined by the Umted States Army Corps of
Engineers on a case-by-case basts, basically recetves density credit, however, thts must be mitigated
accordtng to a plan approved by the Corps
Mr Scott advtsed, by law, the Planmng Commtsston ts the author of the Comprehenstve Plan and
recommends the Plan to Ctty Counctl Hts hope ss the outcome wtll result tn fatrness to the developers He
has been consctous of property values tn thts area whtch have rtsen qmte handsomely, however, he ss
concerned about tndtvtduals propostng to buy land from these property owners to develop same He ts
concerned about fatrness to them as well as consistency
February 5, 2002
-4-
CITY MANA GER 'S BRIEFING
TRANSITION AREA PLANNING REPORT
ITEM It 49234 (Continued)
Mayor Oberndorf suggested a dotnt Meettng between the Ctty Counctl and Planntng Commtsston to address
the defimttons and tntent of the Comprehenstve Plan related to the Transttton Area
Mr Scott advtsed the CtO, Counctl, Planmng Commtsston, Ctty staff and, hopefully, the development
commumty need to share one concept
Counctl Harrtson advtsed there were nineteen (19)public hearings on this document The document must
now be clartfied, as tt ts not specific and does not provtde suffictent gmdance It ts not fart to defer these
apphcants tndefinttely
Mr Scott wtll dtscuss hts concerns wtth the Planmng Commtsston at thetr meettng on February 13, 2002
The language tn thts Comprehenstve Plan must be clartfied
Counctl Lady Henley advtsed another Randall Arendt presentatton rs scheduled for February 20, 2002
B Y CONSENSUS, a JOINT WORKSHOP of the Ctty Counctl and Planmng Commtsston shall be scheduled
for February 19, 2002.
February 5, 2002
-5-
CITY M/IN/I GER 'S BRIEFING
COMPENS/I TION /COMPRESSION STUD Y RE COMMEND/I TIONS
ITEM # 49235
3:00 P.M.
Susan D Walston, Chtef oj~ Staff, advtsed at City Counctl's request, constderable effort and time has been
expended revtewtng the tssue of pay compression and health care increases spectfically presented tn the
broader context of total compensation and fiscal reahttes facmg the Ctty Prtor to the Ctty Counctl sesston,
the Pohcy Report entttled "Compensatton Strategtes" was dtstrtbuted
Fagan Stackhouse, Dtrector of Human Servtces, referenced the Compensatton Strategies
Dtscuss a conceptual framework and ttme hne for developtng a total
compensatton system over the next few years
Provtde recommendattons to address pay compresston and health care
tssues
The components of Total Compensation generally are categortzed under the three broad areas of pay,
benefits, and the work expertence The pay components (somettmes referred to as compensatton) include
fixed base pay and variable pay which contains a vartety of tncenttves The benefits provisions cover
tncome protectton programs, mandatory and non-mandatory, whtch tnclude soctal securtty, worker's
compensatton, health care and rettrement The benefits component also covers pay for ttme not worked
whether at work (t e pard lunch) or not at work (various leaves and hohdays ) Sometimes the third
component receives very httle attentton as an aspect of total compensation kVorkexpertence represents more
non-cash programs such as acknowledgments (class act awards), balancmg of work/h£e personal and
professtonal time), orgamzattonal culture and business strategy, career development, advancement, mobtltty
and conductve work envtronment
The Total Compensation Cost of $281,3267,495, represents 45% of the FY2001-02 Operating Budget for
the Ctty
$219,610,879 Base Pay
$ 55,82 7,829 Base Benefits
$ 34,38 7,983 Leave Benefits
$ 4, 779,890 Incentives Programs
$ 996,397 Pay/illowances
$ 152,500 /i wards programs
Mr Stackhouse ts parttcularly proud of the Class Actprogram, whtch ts operated at a cost under $15,000
Relattve total compensation, (1) use employee tnput and apply best practtces, create a total compensatton
phtlosophy wtthtn the Ctty by duly 2002, (2) estabhsh a "Benefits Chotce" (cafeterta plan) program to serve
as a gutde to support the total compensatton phtlosophy and strategy Intttal destgn phase to be completed
by dune 2003, wtth tmplementatton January 2004
Pay Compression Focus
To develop a strategy to mtntmtze the compresston that now extsts and to
ensure thts level of compresston does not resurface
There were 1132 surveys wtth stx (6) Focus groups and a Member Conversattons conducted
EMPLOYEE CONCERNS
Compresston ts caused by not adjusttng actual salartes when market
adjustments are made
Temporary fixes are not the best soluttons
Across-the-board analysts of employee salartes
Staggered mertt dates compound pay compresston
February 5, 2002
-6-
CITY MANA GER 'S BRIEFING
COMPENSATION/COMPRESSION STUD Y RECOMMENDATIONS
ITEM # 49235 (Continued)
COMPRESSION REVIEW GROUP
City Manager's Office
Communication & Information Technology
Community Services Board
Convention & Visitor Development
Finance
Fire
General Services
Housing & Neighborhood Preservation
Human Resources
Management Services
Marine Science Museum
Parks & Recreation
Police
Public Libraries
Public Works
Public Utilities
Social Services
PA Y COMPRESSION RECOMMENDATIONS
All employees should be placed approprtately on their pay range, based
on years tn tttle, up to the mtdpotnt of the range
Conduct market salary surveys every other year
Provtde structure adjustments every year to matntatn market
compettm,eness
Provtde employees wtth an tncrease tn actual pay when range
adjustments are provtded as a result of the market survey
Prorate mertts for employees who accept promottons durtng the course
of the year
Relattve Health Care, the Revtew Group ts propostng
Adopt the Pohcy of Compensatton Strategtes tn concert wtth the
Vtrgtnta Beach Pubhc Schools, to cover all premtum costs for
"employee only "for the most effecttve plan (at present thts ts the
HealthKeepers Trtgon Plan)
Implement a strategy to attain the goal of paying 100% of "Employee
Only" coverage by duly 1, 2003
February 5, 2002
-7-
CITY MANA GER 'S BRIEFING
COMPENSATION/COMPRESSION STUD Y RECOMMENDATIONS
ITEM # 49235 (Continued)
COMPRESSION REVIEW GROUP
TOTAL COMPENSATION
3 Year Plan
This reflects implementation and additional costs over three years of the recommendations.
Year
FY Compensation Elements Cost
1 2002/03
-Compresston Adjustments
($200 per year tn tttle up to 7 years)
- Structural Adjustment*
- Pro-rated Mertt Increases
- Work toward meeting goal of
covermg the employee-only cost of
the most cost-effective health plan
- 7/1/02 Increase ctty contrtbutton
by $195
- 1/1/03 Increase ctty contrtbutton to
cover esttmated 15% tncrease tn
health care cost $ I 45 mtlhon
-Mertt Increases * * .... TBD ....
Total $ 2.5
$ 650 mtlhon
$ 3 mtlhon
$1 mtlhon
million
2 2003/04
-Compresston AdJustment to the Mtdpotnt
- Pro-rated Merits
- 7/1/03 Meet goal of covering employee-
only cost of most cost-effective health
plan
- 1/1/04 Increase ctty contrtbutton to
cover esttmated 15% tncrease tn
health care cost
-Mertt Increases**
$ 2 2 mtlhon
$ 1 mtlhon
$27
.... TBD ....
mtlhon
Total
$ 5.0 million
3 2004/05
- 33% Compresston AdJustments $1 5
- Structural AdJustments* $ 3
- Pro-rated Merit Increases $ I
- Cover 100% of the employee-only cost
of most cost-effecttve health plan*** $ 2 6
-Mertt Increases** .... TBD ....
- Total Compensation (benefit choices)
Total
mtlhon
mtlhon
mtlhon
mtlhon
.... TBD ....
$ 4. 5-Million
Assumes 2% Structural AdJustment
Amount to be determtned Each percent equals approxtmately $1-Mtlhon and $ 5-Mtlhon
tn rollover cost
Assumes 15% tncrease tn health care costs tn new plan year
Relattve tmplementtng the Health Plan tn March instead of duly, Mr Stackhouse advtsed the cost would
be approxtmately $300 -$350, 000 The City Manager advtsed the Ctty ts several Mtllton Dollars short tn
balanctng the current budget and would not recommend movtng the Heath benefit from duly to March
Mr Stackhouse advtsed there would be credtt flextble dollars for those who, tf they had health coverage by
a spouse, which they could spend on other benefits fie long term &sabthty, deferred compensatton)
Ms Walston advtsed approxtmately 4, 500 acttve City employees possess take advantage of the Ctty Health
Care tn addttton to a number of rettrees who are part of the plan and tn addttton to the School employees
February 5, 2002
-8-
CITY MANA GER 'S BRIEFING
COMPENSA TION /COMPRESSION STUD Y RECOMMENDATIONS
ITEM # 49235 (Continued)
Mr Stackhouse beheves the Cafeteria Plan could be admtntstered by the Ctty, wtthout a Thtrd Party, by
an addtttonal staff member However tf the cost were more feastble, the Ctty has worked wtth a thtrd party
tn the admtntstratton of the Health Care plans The Ctty Manager advtsed thts concept would be revtewed,
concerning the deducttbtht, v tssue, and tf the Thtrd Party proved less expenstve, that would be the way to go
Catheryn Whttesell, Dtrector- Resource Management, advtsed the majortty of the Ctty Employees choose
pretax for their Health benefit deductton
The Ctty Manager advtsed all recommendations are subject to affordabthty If the same funds are extended
to employees who are not recetvtng health tnsurance from the Ctty, the cost would be approxtmately
$2.3-MILLION The Ctty has been conferrtng wtth Schools to assure tnequtttes will be not created
The Ctty Manager expressed apprectatton to Sust Walston, Fagan Stackhouse, the Consultant and the
Compresston Revtew Group for their dedtcatton and excellent report
The Ctty Manager advtsed the FY2002-2003 Resource Management Plan will bepresented to City Council
on March 26, 2002. The staff should be tn a posttton then to advtse whether the first year of the proposed
program can be met and if the second and thtrd year are vtable
February 5, 2002
-9-
AGENDA RE VIEW SESSION
4:00 P.M.
ITEM #49236
I1
Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservation (ARP) easements and tssuance of contract
obhgattons
(DISTRICT 7 - PRINCESS ANNE)
a Chesapeake Land Development, L.L.C. 81 17 acres
hTstallment Purchase Agreement No 2002-43
$349,316
b Chesapeake Land Development, L.L.C. 42 0 7 acres
Installment Purchase Agreement No 2002-44
$200,065
Counctl Lady Eure expressed concern The first parcel of 81 ] 7 acres was purchased on October 19, 2001,
at a cost of $169,000 The City ts proposmg to expend $349,316. On the second parcel of 42 07 acres, this
land was purchased for $95,137 and the City ts proposing to expend $200,065 Counctl Lady Eure ts
concerned relattve the &fference tn amounts of apprectatton
Jack IVhttney, Dtrector of Agrtculture, advtsed there are unusual circumstances on both parcels Relattve
the parcel comprising 42.07 acres, there were multtple sellers as this was part of an estate Some of these
sellers were out of the country, tn prtson or too dtfficult to reach The property had been for sale for
approxtmately four or five years and had a number of problems wtth tttle search and survey tnformatton
The owners were unable to sell the property at a particular prtce The proposed buyer made an offer and
advtsed he would resolve all theproblems and tttle tssues Many of the same sttuattons extsted with the 81.17
acre parcel The property was for sale at $1/2-MILLlON for five years There were spectal survey problems
by vtrtue of betng on the Chesapeake hne as well as tttle clouds Prevtous offers were predtcated on the
owners resolving all these issues The owners were unable to tncur these expenses The current owner agatn
offered to purchase thts property and resolve these tssues
Domtnton Realty Assoctates appratsed the properttes for the Ctty
Council Members Eure and McClanan shall vote a VERBAL NAY.
ITEM # 4923 7
J 5 Ordinance to AMEND 3~ 23-51 and3~ 23-53 1 of the Ctty Code re
Tattooing and Body Piercing (Deferred January 8, 2002)
Counctl Lady Parker tnqutred t. f thts Ordtnance took away the rtght for the Ctty to govern the placement of
the tattoo parlors
Deputy City Attorney Macah advtsed House Bill 539 would not affect the City's abthty to prescribe the
proper zonmg
Thts item will be DEFERRED INDEFINITELY
ITEM # 49238
J 6 Ordtnance to AUTHORIZE acqutJttton of property re rtght-of-
way for Hungarian Road and acqutre temporary or permanent
ea,sements by agreetnent or condemnatton
Counctl Lady Mt Clanan wtll vote NA Y, a,s she ha,~ not had an opportumty to review
February 5, 2002
-10-
,4 GENDA RE VIE W SESSION
ITEM # 49239
B Y CONSENSUS, the following shall ompose the CONSENTA GEND,4:
ORDINANCES
I1
Ordtnances to ,4UTHORIZE the acqutsttton of Agrtcultural
Reserve Preservation (ARP) easements and tssuance of contract
obhgattons
(DISTRICT 7- PRINCESS ANNE)
a Chesapeake Land Development, L.L.C. 81 17 acres
Installment Purchase Agreement No 2002-43
$349,316
b Chesapeake Land Development, L.L.C. 42 0 7 acres
Installment Purchase Agreement No 2002-44
$200,065
12 Ordtnance to ,4 UTHORIZE the Ctty Manager to
a accept a Deed ofParttal Termtnattonfrom the Umted States of
Amertca to vacate a portton of the Lynnhaven dredge spoil site
re constructton of a boat ramp and beach facthty
execute a deed to convey an easement to the Untted States of
Amertca re placement of beach quahty sand onto Ocean Park
Beach
L 3 Or&nance to ,4MEND 3~ 23-51 and ~ 23-53 1 of the Ctty Code
re Tattooing and Body Piercing (Deferred January 8, 2002)
L4
Ordtnance to AUTHORIZE acqutsttton of property re rtght-of-
way for Hungarian Road and acqutre temporary or permanent
easements by agreement or condemnatton
L 50rdtnances to ,4 UTHORIZE temporary encroachments:
CHARLES R. and CHRISTINE D. ELLIN - a portton of the
Ctty's canal, known as "Grebe Harbour", at 309 Grebe
Crescent re constructton of a wharf
(DISTRICT 7 - PRINCESS ANNE)
JOHN,4. SMITH and KA THLEEN SMITH - a portton of the
City's canal at 2408 Entrada Drive, Lago Mar, re constructton
and matntenance of a bulkhead, rtp rap and platform
(DISTRICT 7 - PRINCESS ANNE)
Counctl Members Eure and McClanan wtll vote NAY on Item l a/b
Item J 3 wtll be DEFERRED INDEFINITEL Y, BY CONSENT
Council Lady McClanan wtll vote NAY on Item J 4
February 5, 2002
-11-
AGENDA RE VIEW SESSION
ITEM # 49240
K 1 Apphcattons of WEST NECK PROPERTIES, INC. at the
northeast corner of West Neck and In&an Rtver Roads (3132
West Neck Road), contatmng 87 215 acres
(DISTRICT 7 - PRINCESS ANNE) (Deferred January 22, 2002)
(a) Vartance to 3~ 4 4(b) of the Subdtvtston Ordtnance re the thirty
(30)-foot mtntmum pavement wtdth for tntertor streets
(b) Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2
Agricultural to Conditional R-15 Residential
(c) Condtttonal Use Permit re Open Space Promotion
Counctl Lady Henley advtsed she wtshed thts apphcatton be DEFERRED for forty-five (45) days to clartfy
the tntent of the Transttton Area If thts apphcatton ts ADOPTED durtng thts Ctty Counctl Sesston, tt wtll
estabhsh precedence, whtch could be constdered a fatrness tssue tn the future
Mr Scott advtsed matertal wtll be avatlable for the Ctty Councd durmg the JOINT WORKSHOP tn two
weeks Mr Scott was not suggestmg any amendment to the Comprehenstve Plan, as the present Plan only
needs clarification
Counctlman Jones ts concerned relattve a forty-five day deferral The Ctty Manager advtsed tf there ts a
dotnt Workshop and agreement ts reached, the Deferral would tnvolve a much shorter delay
Mr Scott advtsed the Planmng Commtsston and staff have recommended APPROVAL of thts apphcatton,
however, there ts room for improvement There mtght be room to make mtnor adjustments to the Plan,
posstbly tn the reductton oJ the number of lots Ifa set of standards ts to be apphed as contemplated, this
property would rate relattvely well
Mr Scott wtll contact the apphcant to determtne tf he concurs wtth the deferral
February 5, 2002
- 12-
CITY COUNCIL COMMENTS
4:10 P.M.
ITEM # 49241
Counctlman Branch advtsed he ts betng tnundated wtth calls of concern from hotehers relattve the 1-1/2¢
tncrease tn sales tax on the Regtonal Referendum and the statewtde Educattonal Referendum On November
Ftrst, the hotel sales tax was ratsed to 12-1/2% The tax wtll now be 14-1~2%plus the $100per ntght for
the adverttstng, program whtch amounts to approxtmately 16%. New York City has a 14% tax There are
concerns thts tncrease wtll negattvely tmpact the tourtsm tndustry Is there a posstbthty the locahty could
have the optton to CAP any taxes whtch are over and above a certatn percentage? These hotel
representattves mtght be forced to be tn the posttton to oppose the Referendum because of economtc
constratnts The Ctty Counctl lobbted for gas taxes and tolls to finance transportatton Counctlman Branch
has advtsed the hotel/motel representatives to contact the General Assembly
The Ctty Manager advtsed thts tssue was &scussed wtth Mary Pat Fortter, Executtve Director of the Vtrgtnta
Beach Hotel/Motel Assoctatton, last eventng and shared hts perspecttves of Ctty Counctl Mr Spore has
&scussed these concerns wtth Robert Matthtas, Asststant to the Ctty Manager, and requested the Hampton
Roads Planning Dtstrtct Commtsston (HRPDC) to run the "model" wtth a &fferent mtx of taxes Upon
recetpt of thts model the Ctty Manager wtll forward same to Mrs Fortter Thts ts a blended approach and
utthzes 1/2¢ on the sales tax, a graduated increase on the gas tax of 9¢ (basically a penny a year average)
and then a $1. O0 toll on existing facilities and all new proposals.
Counctlman Branch requested the Ctty's Lobbytsts tnclude language tn the proposed Referendum questton
whtch wtll allow localities to exempt, or cap, certain industries at the locality's pleasure. Councilman
Branch beheves, tn terms of the amount offunds tn the Regtonal Referendum, thts sales tax on hotels/motels
would not equate to a large amount How much revenue wtll be reahzed by tncreastng 1-1/2¢ on the hotel
tax Counctlman Branch beheved thts would equate to $2-MILLION a year on the hotehers The total sales
tax tncrease collected would be $200-MILLION a year Counctlman Branch requested our Ctty's Lobbytsts
relay the Ctty Counctl's concerns
Council Lady Wilson advised the Hotel/Motel Assoctatton has definitely been a "team player" and have not
complatned about the ratse tn the sales tax to support the Pavthon Counctl Lady Wilson ts tn support of
adoptmg a Resolutton supporting thts method of ratstng revenues rather than that proposed by the
Legislators
Councilman Harrtson &d not support the sales tax as a means of fun&ng transportatton, however, he
concurred wtth the fear of a 15-1/2¢ hotel tax would be "out of wack " wtth other enttttes on the east coast
Mayor Oberndorf advtsed that durtng the Mayor and Chatrs' meettng, tt became evtdent there are other
parts of thts regton who are not sure they wtll vote for thts Referendum Some of them do not feel any of the
regtonal projects benefit them
Counctl Lady Eure advtsed she ts tn favor of user fees and tolls She ts not tn favor of the sales tax fun&ng
state htghways
Counctl Lady McClanan advised the City Council has a duty to send thts governtng body's optnton to the
General Assembly Counctl Lady McClanan beheves the majortty of ctttzens do not see the sales tax as an
alternattve to the gas tax, but rather as an alternattve to the real estate tax
Counctlman Man&go mentioned the Prestdent's Budget contatns a reduction of $&I-BILLION tn
Transportatton funds He has not gatned any sense of support for a sales tax to fund these stx transportatton
projects
Counctlman Harrtson would hke the Ctty Manager's letter forwarded to every member of the General
Assembly and all members of Ctty Counctl should stgn There ts an optton to vote "No" on the Referendum
Mayor Oberndorf cauttoned we could be constdered a "non-attatnment" area tn two years and the cost for
a car mspecttonfee wtll be $40.00 twice ayear as in California However, yesterday, a representattve of
the General Assembly suggested ratstng the cost of car mspecttons by $5 O0 The Hampton Roads
Partnership ts m favor of the 1-1/2¢ tncrease tn sales tax as the business leaders beheve thts ts a qutck way
to complete the projects The Partnershtp ts gotng to constder the Ctty of Vtrgmta Beach's opmton an
uprtstng
If tt ts the consensus of Ctty Counctl, the Ctty Manager wtll contact the Ctty's Lobbytsts and pass the
message to at least "cap" the sales tax as a local optton
February 5, 2002
- 13-
CITY COUNCIL COMMENTS
ITEM # 49241
Councd Lady Parker chstrtbuted coptes of correspondence from Rosalyn A Rolle, a user of HR T B US Route
60. Mrs. Rolle ts very &spleased with th e cancellatton of thts spectfic route She has requested several
ttmes over the years thatpubhc transportatton be extended down Kempsvdle Road Councd Lady Parker has
conferred with Mtchael Towns, Executtve Dtrector, who advised there are no funds avatlable and tf there
were, he would recommend another bus be placed on Vlrgtnta Beach Boulevard rather than fundtng thts
route Councd Lady Eure has spoken wtth Mrs Rolle sereral trines and Mrs Rolle ts not sattsfied wtth her
response Thts was a federally funded route and expertmental (3 year fundtng) The rtdershtp was not
suffictent to meet the standards
ITEM # 49242
Mayor Oberndorf referenced correspondence from the Chatrman of the Development Authortty, requesttng
the Ctty Councd ask the Members of the General Assembly to remove thetr members from more current
Dtsclosure Law Mayor Oberndorf dtd not beheve this was an appropriate Ctty Councd actton and
suggested the Development Authortty members correspond &rectly to the General Assembly members wtth
thetr concerns
The City Clerk advtsed theJorm completed by the Development Authortty ts almost nebulous It ts a new form
spectfically for them and does not reqmre the specific financial data as reqmred for Members of City
Councd and other Councd-appomttve employees and agenctes
February 5, 2002
-14-
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, Februa~ 5, 2002, at 4 45
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Absent
None
February 5, 2002
-15-
ITEM # 49243
Mayor Meyera E Oberndorf entertained a morton to permit Ctty Council to conduct its CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotion, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Section 2 1-344 (A) (1)
To Wtt Appointments
Boards and Commtsstons
Development Authortty
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meettng
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
31st Street Project
Matthews Property
LEGAL MA TTERS Consultation wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advice by counsel pursuant to Section 2 1-344(A)(7)
3st Street ProJect
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty 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
Council Members Absent
None
Counctl Lady Wtlson was absent during the dtscusston of 31~f Street Counctl 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
the proposal before Ctty Counctl The Ctty Attorney has advtsed that she ts requtred to dtsclose any
personal interest as tt meets the crtterta of a personal interest tn the transactton under the Confltct of
Interests Act and ts dtsquahfied from parttctpattng tn this transaction Counctl Lady Wtlson 's letter of Aprtl
24, 2001, ts hereby made a part of the record
(Time of Closed Session: 4:48 P.M. to 6:15 P.M.)
February 5, 2002
-16-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
February 5, 2002
6:15 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counct! Chamber, Ctty Hall But[dtng, on Tuesday, February 5, 2002, at 6 15 P M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham 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 Absent
None
INVOCATION
Reverend Edwtn A Rucker
Ctty of Refuge Chrtsttan Church of Vtrgmta
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn his
capactty as an officer of Wachovta Bank whtch recently merged wtth First Unton Nattonal Bank The Vtce
Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may
come before Ctty Counctl Vtce Mayor Sessoms' letter February 5, 2002, ts hereby made apart of the record
February 5, 2002
Rem ~E
-17-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49244
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Man&go, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convenmg the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, PVdham V/ Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Mayor Meyera
E Oberndorf, Robert C Man&go, dr, Nancy K Parker and l/tce Mayor
Wtlham D Sessoms, dr
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Rosemary V/tlson
Counctl Members Absent
None
Counctl Lady Wtlson was absent durtng the dtscusston of 31u Street Counctl Lady Wtlson DISCLOSED
and VERBALLY ABSTAINED as 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 the proposal before Ctty Counctl 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 PVtlson's letter of Aprt124, 2001, ts hereby made a part of the record
February 5, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 49243, page 4, and in accordance w~th the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS. Section 2 2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach C~ty 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 th~s certification resolution applies; and, (b) only such pubhc business matters as were
identified in the motion convening this Closed Session were heard, d~scussed or considered by
Virginia Beach City Council
City Clerk
February 5, 2002
Item V-F. 1.
- 18-
MINUTES
ITEM # 49245
Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl APPROVED the
Minutes of the SPECIAL SESSION of danuary 15, 2002, and the INFORMAL AND FORMAL SESSIONS
of January 22, 2002
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr,
Barbara M Henley, Louts R done& Reba S McClanan, Mayor Meyera
E Oberndorf, Robert C Man&go, dr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary PVtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Mayor Oberndorf VERBALL Y ABSTAINED on the Minutes of January 22, 2002 (Formal Session), as
she left prtor to the Formal Sesston to parttctpate tn the Wmter Meettng of the Untted States Conference
of Mayors tn Washington, D C and New York Ctty (approxtmately 300 Mayors from around the country
parttctpated)
February 5, 2002
- 19-
Item V-G.I.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 49246
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 5, 2002
- 20-
Item V-H. 1.
MA YOR 'S PRESENTATION
ITEM # 4924 7
Mayor Oberndorf PRESENTED
DISTINGUISHED BUDGET PRESENTATION A WARD
tO
DEPARTMENT OF MANAGEMENT SER VICES
Catheryn 14rhttesell, Director - Management Services, ACCEPTED the Award Catheryn expressed
apprectatton to her dedicated staff and stated the City Councd deserves the award as much as Management
Servtces, as Council's vision for the future, pohcy and gutdance, assisted the structure of the Resource
Management Plan The Ctty Manager and hts staff provtde the overall gmdance for the day-to-day
acttvtttes The tndtvtdual departments make 'hundreds of resource dectstons which are encompassed wtthtn
the plan to ensure dehvery of quahty servtces tn a most effictent and effecttve cost structure
Thts award ts from Government Fmance Officers Assoctatton (GFOA) Thts award ts the htghest form of
recognttton tn governmental budgettng and represents a stgntficant achtevement by the Ctty and has been
attatned for the last fifieen years - ever stnce Catheryn has been wtth the Department
February 5, 2002
- 21 -
Item V-I.l. afo.
PUBLIC HEARING
ITEM # 49248
Mayor Oberndorf DECLARED A PUBLIC HEARING
AGRICULTURAL RESERVE PROGRAM (ARP) - District 7 - Princess Anne
81.17 acres - Head of River Road
42. 07 acres - Head of River Road
Tom Tye, 6062 Indtan Rtver Road, Phone 424-4125, real estate appratser and property owner, represented
the Chesapeake Land Development, L L C
Andrea Ktlmer, 801 Costa Grande Drive, Phone 721-7569, regtstered tn OPPOSITION The Agriculture
Reserve Program (ARP), estabhshed tn 1995, needs to be revtewed to ascertatn tts tntended goals are
betng met tn a fiscally responsible manner
clack Whttney, Dtrector- Department of Agrtculture, advtsed the Ctty ts proud of the ARP, whtch ts
considered to be a model program The staff recetves frequent tnvttattons to dtscuss thts program tn the
other communtttes The Ctty ts more than a quarter of the way toward the goal of placing 20,000 acres
in the ARP for preservation and to sustain agriculture, all based on fart market value Each
and every ptece of property tn the program has an tndependent appratsal performed These appratsals
are based on property values, geography, condmon, locatton, elevatton, sods, etc The appratsals are
compared with comparable sales tn the general vtctntty Both of the aforementtoned parcels of property
had constderable problems wtth surveys, tttles and multiple owners The dtfficulty of resolvtng these tssues
reduced the market value stgntficantly The restoratton of these problems returned the market value to
where the appratsal was representattve of value The appratsal was performed by Domtnton Realty
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING:
February 5, 2002
- 22 -
Item V-L2.
PUBLIC HEARING
ITEM # 49249
Mayor Oberndorf DECLARED A PUBLIC HEARING
CONVEYANCE OF CITY EASEMENT- Ocean Park Beach
There bemg no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
February 5, 2002
Item V-J.
- 23 -
ORDINANCES
ITEM # 49250
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Ordmances la/b, 2a/b, 3 (DEFERRAL), 4, and 5a/b of the CONSENT AGENDA.
Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT.
Vottng 11-0 (By ConsenO
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, dr, 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 Members Eure and McClanan voted a VERBAL NAY ON Item J l a/b
Counctl Lady McClanan voted a VERBAL NAY on Item 4
February 5, 2002
Item V-J. 1.
- 24 -
ORDINANCES
ITEM # 49251
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Council ADOPTED:
Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural Reserve
Preservatton (ARP) easements and tssuance of contract obltgattons
(DISTRICT 7 - PRINCESS ANNE)
Chesapeake Land Development, L.L.C. 81 17 acres
Installment Purchase Agreement No 2002-43
$349,316
Chesapeake Land Development, L L C 42 07 acres
Installment Purchase Agreement No 2002-44
$200,065
Vottng 9-2 (By ConsenO
Counctl Members l/ottng Aye
Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, Barbara M Henley,
Louts R clones, Robert C Man&go, dr, Mayor Meyera E Oberndorf,
Nancy K Parker, Vice Mayor Wtlham D Sessoms, dr and Rosemary
Wtlson
Counctl Members Vottng Nay
Margaret L Eure and Reba S McClanan
Counctl Members Absent
None
February 5, 2002
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $349,316
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance {the "Ordinance"), Appendix J of the Code of the
C~ty of Virginia Beach, there has been presented to the C~ty
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office} for the
acquisition of the Development Rights (as defined ~n the
Installment Purchase Agreement) on certain property located in
the City and more fully described ~n Exhibit B of the
Installment Purchase Agreement for a purchase price of
$349,316; and
WHEREAS, the aforesaid Development R~ghts shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and f~nds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the C~ty Manager or h~s designee ~s hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid prmnclpal balance of the
purchase price set forth hereinabove as the greater of 4.75%
per annum or the per annum rate which zs equal to the ymeld on
United States Treasury STRIPS purchased by the City to fund
such unpaid prmncipal balance; provided, however, that such
rate of interest shall not exceed 6.75% unless the approval of
the City Council by resolution duly adopted ms first obtained.
2. The City Council hereby further determines that
funding is available for the acqumsltmon of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth there~n.
3. The Cmty Council hereby expressly approves the
Installment Purchase Agreement and, sublect to the
determinatmon of the Cmty Attorney that there are no defects
mn title to the property or other restrmctions or encumbrances
thereon which may, mn the opmnmon of the C~ty Attorney,
adversely affect the Cmty's interests, authormzes the Cmty
Manager or hms designee to execute and delmver the !nstal!~e~t
Purchase Agreement in substantmally the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not mater~ally
alter the purchase price or manner of payment, as the C~ty
Manager or his designee shall approve. The City Councml
further directs the City Clerk to affix the seal of the C~ty
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the ~ncurrence of the
indebtedness represented by the mssuance and delmvery of the
Installment Purchase Agreement.
4. The City Councml hereby elects to ~ssue the
indebtedness under the Charter of the Cmty rather than
pursuant to the Public F~nance Act of 1991 and hereby
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constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the C~ty of V~rg~nia Beach,
Virgznia, on this 5 day of February , 2002.
Adoption requires an affirmative vote of a majority of
all members of the C~ty Council.
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CA-8371
wmm/tyeord.wpd
R-1
January 9, 2002
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8O
APPROVED AS TO CONTENT'
A~r~'c~ture Department
APPROVED AS TO LEGAL
SUF~IC.IENCY'
Law Department
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APPROVED AS TO AVAILABILITY OF FUNDS'
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83
Director of Finance
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2002-43
SUMMARY OF MATERIAL TERMS
SELLER: Chesapeake Land Development, L.L C
PROPERTY LOCATION: Head of R~ver Road
PURCHASE PRICE: $349,316
EASEMENT AREA: 81 17 acres, more or less
DEVELOPMENT POTENTIAL: 8 single-family dwelling building sites (7 acqmred, 1 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U S. Treasury STRIPS acqmred by City to fund purchase
price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6 75% without approval of C~ty Council
TERMS: Interest only twice per year for 25 years, with payment ofpnncipal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of lPA
~ Applicant's Name:
Property Owners:
DISCLOSURE STATEMENT
Chesapeake Land Dev~l~c, LLC
Che~ap_~ke ~mud Develol~e~t LLC
If th~ prop6rty owner is' a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or parmc~ in the or~an~a~:zon below: (Atta¢l~ I~rt ~nece~sa~)
iI~ C, heck h~e ,fthe property owner is NOT a corporation, partnership, firm, or other unincorporated ergan/zation.
ff ~a aI~plicant i$ aot the curr~nt onvner of tAc property, co'mplete tlte ,4ppiicant Disclosure section below:
APPLICANT DISCLOSURE
If the al~licant is a CORPORATION, list all officers oflhe Corporation below: (,ittach l~t ifnec~smT)
, ~tl'~ applicant is a PARTNERSHIP, FIRM. or other UNINCORPORAIED ORGMqlZ. ATION, list ali
/m~nb~rs or p~ners in the organization below. (dttach ll~t {fnec~a~J
Check h~re it, ~he ~pplicant ts NOT a corporation, partnership, fi.n. or other unincorporaled org:,mzahon.
CER'I~ICA~ON: at certify that the hr formation contained herein is true and aecurat~
O2
Thcr~s M, ~ye
--
Print Narn~
EO/EO'd
'DOSSU M MAI SUMOH± ~S:~I C00C-S~-NWf
CHESAPEAKE
LAND
DEVELOPMENT
LLC
l O~I'~AJS!
PAAK
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AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $200,065
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined ~n the
Installment Purchase Agreement) on certain property located ~n
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$200,065; and
WHEREAS, the aforesaid Development R~ghts shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined ~n, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of ~he purposes of
the Ordinance, and the City Manager or h~s designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth herelnabove as the greater of 4.75%
per annum or the per annum rate which is equal to the yleid on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.75% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the op~n~on of the City Attorney,
adversely affect the City's interests, authorizes the C~ty
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such m~nor modifications,
~nsertions, completions or omissions which do not mater~ally
alter the purchase price or manner of payment, as the C~ty
Manager or his designee shall approve. The C~ty Council
further directs the City Clerk to affix the seal of the C~ty
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
~ndebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
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constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
68
69
70
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72
Adopted by the Council of the City of Vlrginma Beach,
Virginia, on this 5 day of w~br,~ry , 2002.
Adoption requires an affirmatmve vote of a ma]ormty of
all members of the City Council.
73
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CA-8370
wmm/cheslanddev, ord
R-1
January 9, 2002
77
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8O
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY' .~~/~_~,~?
L~'~ D~artment
81
APPROVED AS TO AVAILABILITY OF FUNDS'
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83
Direc~o'r-$~ Fi~nance ~
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2002-44
SUMMARY OF MATERIAL TERMS
SELLER: Chesapeake Land Development, L.L C
PROPERTY LOCATION: Head of River Road
PURCHASE PRICE: $200,065
EASEMENT AREA: 42 087 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelhng building sites (4 acqmred, 0 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to y~eld on U S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6 75% without approval of City Council
TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and dehvery oflPA.
~ .a. pplleant,~ Name:
List All Cueee~t
O~.ers:
DISCLOSURE STATEMENT
Ch~sapeak~ Land Dev~l~t, LLC
Chesapeake T~nd Deve. lotxnent IXC
property owner is a CORPO .RATION, Ii? atl ofi!~rs of ~e Corporation below: (,4ttac/~
V _e. ..... . .
JulXa D.._Tye,' Partner ....
If the property owner ts',~ PARTNERSHIP, FIRaM, or olher UNINCORPOR.ATED ORGANIZATION, list all
m~mber.~ or parmm's m the organt:zaczon below: (Atta¢l~ llzt ~faecesaary)
i 0 Check h~re if~he property owner i.~ NOT a corporation, partnership, firm, or other rminco~rated erganization
If tlc #l~plicant i$ not Iht currenf owner of thc property, co'mpItte tlte ,4ppii~ant Ditctosure sec#an below:
~PLICANT DISCLOSU~
H~e ~li~t is a CO~O~ON, ~t all officers of~e Co~oration below: (~ttacA 1~
lithe applicant ~$ a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGAI~ZATION, list ali
Imemb~'rs or partners in the organlz~tion below. (Attach list [l'nsr.~rsar~)
i, _
~ Ch~ck here it. ~he applicant is NOT a corporation, partnerslup, finn, or or, er unincorporated Orgamzahon.
CgRI'I'FICA~O~: ./' cern'fy that the information contained herein is true and accurate.
Thcmas Mt Tye
Prim N~m~
EO/EO'd
0~L60E~LSL
'30SS~ M BAI S~WOHI i~S :~I EOOE-SE-N~f
CHESAPEAKE
LAND
DEVELOPMENT
LLC
Item V4.2.a/b.
- 25 -
ORDINANCES
ITEM # 49252
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Ordtnance to AUTHORIZE the Ctty Manager to
(a) accept a Deed of Partial Termtnatton from the Umted States of
Amertca to vacate a portton of the Lynnhaven dredge spoil site
re construction ora boat ramp and beach facthty
(b) execute a deed to convey an easement to the Untted States of
Amertca re placement of beach quahty sand onto Ocean Park
Beach
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McCIanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
February 5, 2002
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ACCEPT A DEED OF PARTIAL TERMINATION FROM THE
UNITED STATES OF AMERICA TO VACATE A PORTION OF
THE LYNNHAVEN DREDGE SPOIL SITE EASEMENT AND
TO EXECUTE A DEED TO CONVEY AN EASEMENT TO THE
UNITED STATES OF AMERICA FOR PLACEMENT OF
BEACH QUALITY SAND ONTO OCEAN PARK BEACH
FROM THE CORPS OF ENGINEERS' LYNNHAVEN INLET
MAINTENANCE DREDGING OPERATIONS
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WHEREAS, the United States of America acquired an easement over
approximately 15.67910 acres of real property located off Shore Drive in the City of Virginia
12 Beach Virginia, for soil disposal in connection with the United States Army Corps of
Engineers' (the "Corps") Lynnhaven Inlet Maintenance Dredging Project (the" Dredge Spoil
Site") by deed recorded in Deed Book 2191, at page 1891;
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WHEREAS, the City of Virginia Beach (the "City"), with the concurrence of
the Corps, constructed the Lynnhaven Boat Ramp and Beach Facility on the northern
portion of the Spoil Site;
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WHEREAS, the City's use of the northern portion of the Spoil Site
necessitates the vacation of that portion of the easement by the Corps as shown on Exhibit
attached hereto;
21
WHEREAS, the City has agreed to provide the Corps with an alternative sand
placement site of equal volume to offset the Corps' loss of the portion of the Spoil S~te, as
23 shown on Exhibit B attached hereto;
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WHEREAS, the City and the Corps have agreed that Ocean Park Beach,
located adjacent to the Spoil site, is an appropriate alternative site for the placement of
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beach quality sand from the Lynnhaven Inlet Maintenance Dredging operations;
WHEREAS, the placement of beach quality sand onto Ocean Park Beach will
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provide erosion control and storm protection to an erosional beach that requires cyclic sand
replenishment and such continued sand replenishment will assist the City in maintaining
Ocean Park Beach as a first-rate public beach; and
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WHEREAS, the City and the Corps desire to formalize their agreement
through the execution of the appropriate legal instruments.
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35
That the City Manager ~s authorized to accept the Deed of Partial Termination
36 from the United States for the vacation and conveyance of a portion of the Lynnhaven
3 ? Dredge Spoil Site Easement and to execute a Deed to convey an easement to the United
38 States of America for the placement of beach quality sand onto Ocean Park Beach from
39 the Army Corps of Engineers' Lynnhaven Inlet Maintenance Dredging Operations in
40 substantially the same form as attached hereto with the final wording thereof to be
satisfactory to the City Attorney.
42
This ordinance shall be effective from the date of its adoption.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the 5
day of February ,2002.
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THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY
COUNCIL IS REQUIRED.
CA- 8301
PREPARED 01/24/02
Approved as to Content
Approved as to Legal
Sufficiency
City Attorney
Exempt from recording taxes
Under Section:
58 1(^)(3) &
58.1 - 811(c)(4)
PARTIAL TERMINATION DEED OF EASEMENT
LYNNHAVEN INLET BAY AND CONNECTING WATERS
VIRGINIA BEACH, VIRGINIA
TRACT NUMBER 100E-4
THIS DEED, made and entered into this __ day of ., 2002__, by
and between the UNITED STATES OF AMERICA, ("the GRANTOR"), acting by and through
the Deputy Assistant Secretary of the Army (I&H) pursuant to a delegation of authority from the
SECRETARY OF THE ARMY (the "Army"), under and pursuant to the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377), as amended, and the delegation of authority
to the Secretary of Defense from the Administrator of the General Services Administration (41
C.F.R. 101-47.601) and the redelegation of authority from the Secretary of Defense to the
Secretary of the Army (20 Federal Register 7113), party of the first part, and the City of Virginia
Beach, Virginia, ("the GRANTEE"), party of the second part:
WITNESSETH: That for and in consideration of the stun of One and 00/100 DOLLAR
($1.00), cash in hand paid, the receipt of all of which is hereby acknowledged, the Grantor does
hereby REMISE, RELEASE and FOREVER QUITCLAIM unto the Grantee, its successors and
assigns, all its right, title and interest whatsoever in and to the following described property
situated in Virginia Beach, Virginia.
TRACT 100E-4
ALL THAT CERTAIN tract of land, lying and situate in Virginia Beach, Virginia, by
perpetual easement to the United States of America and more particularly described as follows:
ALL THAT CERTAIN tract of land lying and situate in Virginia
Beach, Virginia as shown on PLAT of survey entitled "LYNNHAVEN DREDGE
SPOIL SITE EASEMENT PARTIAL VACATION AND RESIDUE AND
INGRESS/EGRESS EASEMENT SURVEY BUREAU ENGINEERING
DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH" attached hereto and incorporated herein.
Prepared by: United States Army Corps of Engineers
GPIN: 1489-58-9234
Being a portion of the same lands conveyed to the United States of America by easement
deed dated February 9, 1982, and recorded in the Clerk's Office of the Circuit Court of Virginia
Beach, Virginia, in Deed Book 2191, page 1891.
TO HAVE AND TO HOLD the said premises, unto the said Grantee, its successors and
assigns, forever, subject to the covenants and conditions herein set forth.
This conveyance is not subject to the requirements of Title 10, United States Code,
Section 2662.
IN WITNESS WHEREOF, the GRANTOR has caused this Deed to be executed in its
name by the Deputy Assistant Secretary of the Army (I&H) and the seal of the Department of the
Army to be hereunto affixed this __ day of 2002.
UNITED STATES OF AMERICA,
By THE SECRETARY OF THE ARMY
By:
Joseph W Wh~taker
Acting Deputy Assistant Secretary of the
Army (Installations and Housing) OASA (I&H)
S~gned sealed and delivered
In the Presence of:
W~tness
W~tness
ACKNOWLEDGMENT
COMMONWEALTH OF VIRGINIA )
COUNTY OF ARLINGTON ) SS'
I, the undersigned, a Notary Public in and for the Commonwealth of Virginia,
County of Arlington, whose commission as such expires on the ~ day of ,
, do hereby certify that this day personally appeared before me in the
Commonwealth of Virginia, County of Arlington, Joseph W. Whitaker, Acting Deputy
Assistant Secretary of the Army (Installations and Housing) OASA (I&H), whose name
~s s~gned to the foregoing instrument to be h~s free act and deed, dated this
day of 200 , and acknowledged the same for and on behalf of the
UNITED STATES OF AMERICA.
?7
Exempt From
Recording Taxes
Under Section
58.1- 811(^)(3) &
58.1 - 811(C)(3)
THIS DEED made this
~day of
,200__, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, party of the first part, ("GRANTOR" for
indexing purposes), and the UNITED STATES OF AMERICA, party of the second part,
("GRANTEE" for indexing purposes).
WHEREAS, in the Act of Congress approved 23 October 1962 (87th Congress, 2nd
Session) provision was made for the improvement of the Lynnhaven Inlet, Bay and
Connecting Waters Project, Virginia Beach, Virginia, in accordance with a project set
forth in House Document 580, 87~ Congress, 2nd Session, subject to the condition that
local interest provide without cost to the United States dredge placement areas for Beach
Quality Sand necessary for the construction and subject maintenance of said
improvement, when and as required, and
WHEREAS, the party of the first part is the owner in fee simple of tracts of land
situated in the City of Virginia Beach, State of Virginia, more particularly described as
follows:
Prepared by: United States Army Corps of Engineers and incorporated herein
GPIN: 1580-10-1751
GPIN: 1580-59-3432
ALL THAT CERTAIN tract of land lying and situate in Virginia Beach,
Virginia as shown on EXHIBIT entitled "EXHIBIT SHOWING LYNNHAVEN INLET
BEACH QUALITY SAND PLACEMENT SITE TO BE GRANTED TO UNITED
STATES ARMY CORPS OF ENGINEERS BY THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH VIRGINIA SURVEY BUREAU ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH" attached hereto
AND WHEREAS, the party of the second part desires to use said tract of land for
the purpose of depositing Beach Quality Sand from dredging operations and other uses
incident thereto.
NOW THEREFORE, WITNESSETH: 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 and sufficiency of which is hereby acknowledged, and the benefits accruing to the
party of the first part from the improvements of the Lynnhaven Inlet, Bay and Connecting
Waters Project, the party of the first part does hereby grant, bargain, sell and convey unto
the party of the second party, and its assigns, the perpetual right and privilege to deposit
,
on the above described parcel of land any and all Beach Quality Sand excavated in the
improvement and maintenance of the aforesaid project, and the perpetual right and
privilege to build, erect and construct such necessary levees and/or other structures as the
party of the second part may deem necessary to aid in the confinement of the Beach
Quality Sand excavated; together with:
a. A perpetual and assignable right of ingress and egress over other lands
belonging to the party of the first part, subject, however, to existing easements for public
roads and highways, public utilities, railroads and pipelines; and,
b. A perpetual and assignable easement and right-of-way to locate, construct,
operate and maintain in, on, over, under and across the aforesaid tract belonging to the
party of the first part such temporary pipelines as the party of the second part deems
necessary to transport the dredging of Beach Quality Sand excavated to the aforesaid
tract; and,
c. A perpetual and assignable easement and right-of-way to locate, construct,
operate and maintain in, on, over, under and across the aforesaid tract belonging to the
party of the first party such drainage outfall pipes and/or drainage ditches as the party of
the second part deems necessary; and,
d. The right to trim, cut, fell and remove from the aforesaid tract and easements
herein granted, all trees, underbrush, vegetation, structures and obstacles as may be
necessary, subject, however, to existing easements for public roads and highways, public
utilities, railroads and pipelines.
It is expressly understood and agreed that everything built, erected or placed on
said tract or easements herein granted, except the Beach Quality Sand excavated, by the
United States of America and/or its assigns shall be and remain the property of the United
States of America and/or its assigns and may be removed therefrom by the United States
of America and/or its assigns.
RESERVING, HOWEVER, to the party of the first part and its assigns all such
rights and privileges in said tract of land, including the right to shape, contour, move and
remove the sand placed thereon, as may be used and enjoyed without interfering with or
abridging the rights and easements hereby conveyed to the party of the second part.
The said party of the first party hereby expressly and fully releases the United
States of America and/or its assigns from liability for any and all damages done or caused
to be done, and from any claims or demand whatsoever for injuries suffered by or done to
the said premises by reason of the deposit of such Beach Quality Sand excavated to the
aforesaid tract, except for damages due to the fault or negligence of the United States of
America and/or its assigns.
TO HAVE AND TO HOLD, the said rights and easements unto the party of the
second part, the United States of America and/or its assigns, for the purpose aforesaid,
forever. And the said party of the first part, for itself and for its assigns, does hereby
convenant with the party of the second party that is lawfully seized in fee of the
aforegranted premises; that the said premises are free from all encumbrances; that it has
good right to sell and convey the same as aforesaid; and that it will warrant and defend
the title of the same to the said party of the second part, and its assigns, against the lawful
claims and demands of all persons.
IN WITNESS WHEREOF, the said City of Virginia Beach, Virginia,
party of the first part, has hereto set its hand and seal on the day and year above written.
ATTEST:
CITY OF VIRGINIA BEACH, VIRGINIA
City Clerk
By.
CITY MANAGER
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument bearing date of
Was acknowledged before me this
day of
By and
, City Manager
and City Clerk respectively, of the City of Virginia Beach, Virginia.
Notary Public
My Commission Expires:
APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO FORM
SIGNATURE
CITY ATTORNEY
Item V-J. 3
- 26-
RESOLUTIONS
ITEM # 49253
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED
IND E FINI TEL Y:
Orchnance to ~4MEND 3~ 23-51 and 3~ 23-53 1 of the Ctty Code re
Tattooing and Body Piercing (Deferred January 8, 2002)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham PV Harrtson. dr.
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, l~tce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
February 5, 2002
Item V-J. 4.
-27-
ORDINANCES
ITEM # 49254
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordmance to AUTHORIZE acqutsttton of property re right-of-way for
Hungarian Road and acqutre temporary or permanent easements by
agreement or condemnatton
Vottng 10-1 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, 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
Reba S McClanan
Counctl Members Absent
None
February 5, 2002
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AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
HUNGARIAN ROAD(CIP 2-021.11)AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS, EITHER BY AGREEMENT OR
CONDEMNATION
WHEREAS, on April 13, 1999, the Council of the City of Virginia Beach d~d
authorize the acquisition of certain right of way and easements, by agreement or
condemnation, shown on a drawing attached to the Ordinance No. 99-2526D adopted on the
aforesaid date; and
WHEREAS, since that time, the design ofthe Hungarian Road Project, CIP 2-021.11
has been revised necessitating the acquisition of additional right of way and easements
beyond the scope of those previously approved by the Council of the City of Virginia Beach
on April 13, 1999.
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia,
a public necessity exists for the construction of this important roadway project to prowde
transportation and for other public purposes for the preservation of the safety, health, peace,
good order, comfort, convenience, and for the 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 in fee s~mple, including temporary and permanent easements
and right-of-way (collectively the "Property") as shown on the plans entitled "Hungarian
Road Improvements CIP #20.021.11" (the "Project"), and more specifically described on the
acquisition plats for the Project (collectively the "Plans"), the Plans bmng on file in the
Engineering Division, Department of Pubhc Works, City of Virgima Beach, Virgima.
Section 2. That the City Manager is hereby authorized to make or cause to be made
on behalf of the City of V~rginia Beach, to the extent that funds are avmlable, a reasonable
offer to the owners or persons having an interest in the Property. If refused, the C~ty
Attorney is hereby authorized to institute proceedings to condemn the Property.
Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the 5 day
of February
., 2002.
APPROVED AS TO CONTENTS
' SIGNATURE
DEP~T~NT
APPROVED AS TO LEGAL
SUFFICIENCY AND~FO,RM
CITY ATTORNEY
TART ,
-"~NCARiAN-- RoA3-- '
X~ X SCALE: 1" = 1600'
PREPARED BY P/W ENG. DRAFT. 12-14-01
- 28 -
Item V4.5. a.
ORDINANCES
ITEM # 49255
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordtnance to AUTHORIZE temporary encroachment:
CHARLES R. and CHRISTINE D. ELLIN- a portton of the City's canal,
known as "Grebe Harbour", at 309 Grebe Crescent re constructton of a
wharf (DISTRICT 7 - PRINCESS ANNE)
The following con&ttons shall be reqmred
The temporary encroachment wtll be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta
and the City of Vtrgtnta Beach, and tn accordance wtth the Ctty's
spectficattons and approval
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant, and that wtthtn thtrty (30) days' after the
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, tncludtng reasonable attorney's fees, tn case
tt shall be necessary to file or defend an actton artsmg out of the
locatton 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 permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant shall obtatn a permtt from the Development
Servtces Center of the Planmng Department prtor to
commenctng any constructton wtthtn the encroachment area
Prtor to the tssuance of a permtt, the Grantee must post a
performance bond or other form of surety, approved by the
Development Servtces Center of the Planntng Department, tn
accordance wtth the engtneer's cost estimate
The apphcant shall obtain approval for ajotntpermtt apphcatton
from the Waterfront Operattons Dtvtston of the Planntng
Department
The apphcant shall obtatn and keep tn force all rtskproperty
tnsurance and general habthty tnsurance, or such tnsurance as
ts deemed necessary by the City, and all msurance pohctes must
name the City as addtttonal named insured or loss payee, as
apphcable The apphcant also agrees to carry comprehenstve
general ltabtltty tnsurance tn an amount not less than Ftve
Hundred Thousand Dollars ($500,000), combmed single hmtts
of such tnsurance pohcy or pohctes The apphcant wtll provtde
endorsements provtdtng at least thtrty (30) days wrttten nottce to
the Clty 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
February 5, 2002
Item V-J. 5. a.
ORDINANCES
- 29 -
ITEM # 49255 (Continued)
10
11
12
The temporary encroachment must conform to the mtntmum
setback requtrements as estabhshed by the Ctty
The apphcant shall submtt, for revtew and approval, a survey of
the encroachment area certtfied by a regtstered professional
engtneer or a hcensed land surveyor, and/or "as butlt "plans of
the temporary encroachment sealed by a regtstered professtonal
engtneer, tf requtred by etther the Ctty Engtneer's Office or the
Engtneertng Dtvtston of the Department of Pubhc Utthttes
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 the temporary
encroachment and, pendtng such removal, the Ctty may charge
the apphcant for the use of the encroachment area 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 ordered heretn above
by thts Agreement, the Ctty may impose a penalty tn the sum of
One Hundred Dollars ($100 O0) per day for each and every day
that the temporary encroachment ts allowed to conttnue
thereafter, and may collect such compensatton and penalttes tn
any manner provtded 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, 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
February 5, 2002
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
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S CANAL KNOWN AS
GREBE HARBOUR BY CHARLES R. ELLIN
AND CHRISTINE D.ELLIN, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, CHARLES R. ELLIN and CHRISTINE D. ELLIN, desire
to construct and maintain a wharf into the City's canal known as
Grebe Harbour located at 309 Grebe Crescent in Sandbridge Shores.
WHEREAS, City Council is authorized pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachment upon the City's property subject
to such terms and conditions as Council may prescribe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, CHARLES R. ELLIN and CHRISTINE D. ELLIN, their heirs,
assigns and successors in title, are authorized to construct and
maintain a temporary encroachment for a wharf in the City's canal
known as Grebe Harbour as shown on that certain plat entitled:
"ENCROACHMENT REQUEST PROPOSED WHARF FOR CHARLES R. AND CHRISTINE
D. ELLLIN [sic] LOT 124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA
PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 103 PG. 25) DATE:
NOVEMBER 1, 2001", a copy of which is on file in the Department of
Public Works to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
CHARLES R. ELLIN and CHRISTINE D. ELLIN (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.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
37
38
39
40
41
in effect until such time as CHARLES R. ELLIN and CHRISTINE D.
ELLIN and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 5 day of February , 200&.
42
43
44
45
CA#-
TKENN\ENCROACH\ELLIN.ORD
R-1
PREPARED: 11/30/01
APPRO,,V~D AS TO CONTENTS
(.] SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY ANI~~
CITY ATTORNEY
LOCATION MAP SCALE : 1" -- 1,600'
iII'
I
LOCATION MAP FOR
PROPOSED ENCROACHMENT FOR
CHARLES R. AND CHRISTINE D. ELLIN
309 GREBE CRESCENT
SCALE: 1" -- 100'
PREPARED BY P/W ENG. DRAFT. 26-NOV-2001
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
day of , ,
20 O/ , by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the "City", Grantor,
and CHARLES R. ELLIN and CHRISTINE D. ELLIN, his wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if
more than one).
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of land designated and described as Lot 124,
Section lB South in Sandbridge Shores (M.B. 103, Pg. 25), and
being further designated and described as 309 Grebe Crescent,
Virginia Beach, VA 23456; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a wharf, a "Temporary Encroachment" in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City property known as Grebe Harbour (M.B.
103, Pg. 25) the "Encroachment Area", and the Grantee has
requested that the City permit a Temporary Encroachment within
the Encroachment Area.
GPIN: 2433-24-4447
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 a Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"ENCROACHMENT REQUEST PROPOSED WHARF FOR
CHARLES R. AND CHRISTINE D. ELLLIN (sic) LOT
124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA
PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA
(M.B. 103 PG. 25) DATE: NOVEMBER 1, 2001", a
copy of which is attached hereto as Exhibit
"A" to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate 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 th~ 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 Development Services Center
of the Planning Department prior to commencing any construction
within the Encroachment Area.
It is further expressly understood and agreed that,
prior to the issuance of a permit, the Grantee must post a
performance bond or other form of surety, approved by the
Development Services Center of the Planning Department, in
accordance with the engineer's cost estimate.
It is further expressly understood and agreed that the
Grantee must obtain approval of a Joint Permit Application from
the Waterfront Operations Division of the Planning Department.
It is further expressly understood and agreed that the
Grantee must obtain and keep in force all-ri~k property insurance
and general liability insurance, or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also 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
Temporary Encroachment must conform to the minimum setback
requirements as established by the City.
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
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 ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, CHARLES R. ELLIN and CHRISTINE D.
ELLIN, his wife, the said Grantee has caused this Agreement to be
executed by their signatures and seals duly affixed. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
(SEAL)
Charles R. Ellin
Christine D. Ellin-
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, on behalf of the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this \-~ day of ~~ ~cX ~)~ , 20~ ~
CHARLES R. ELLIN and CHRISTINE D. ELLIN, his wife.
Notary Public
My Commission Expires: ~-~%- ~~
, by
.,..~ROVED AS TO CONTENT
DEPARTA~I:NI'
GREBE HARBOUR
CANAL OWNED BY CITY OF VIRGINIA BEACH
·
(:;PIN # DOES NOT
REGISTER IN DATABASE
24.3,3-24-4.367
MHW 2.4' AT PROPOSED
BULKHEAD ALIGNMENT
TIE INTO PROPOSED
BULKHEAD OF lOU
PISClOTTA, IF NOT
A 7' RETURN WILL
BE PROVlOED.
LOT 12,3
N/F LOU PISCIOTTA
24.33-24.-5525
PROPOSED
8' x 4-2'
WHARF
· / S 57'30'0p" W 13n nn' TIE INTO EXISTING
-~L~. 4.2' , ~ .... BULKHEAD OF
_ ~ I "1'1111 .~q ~-~- JAMES WILLIAMS.
BULK FILL
GEOWEB RAMP
PIN(F)
A: 4.9'
B: 50'
C: 57'
D: 1.38'
N 54'`30'00"W
LOT 124.
(;PIN: 24.`33-24--4.4.4.7
~ D:7'
o
o <1'-.
,
P~N(F)
L=36.14'
63.68' R=50. O0'
L=36.14'
GREBE CRESCENT (50' R/W)
LAT: N 36'4.3'42"
LON: W 76'56'21"
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 2,3451
PHONE: (757) 425-824zI.
FAX: (757) 425-8244
SITE PLAN
SCALE 1" = 30'
ENCROACHMENT REQUEST
PROPOSED WHARF
FOR
CHARLES R. AND CHRISTINE D. ELLLIN
LOT 124, SANDBRIDGE SHORES, SECTION lB, SOUTH AREA
PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA
(M.D. 103 PG. 25) DATE. NOVEMBER 1, 2001
Charles R. and Christine D. Ellin
Looking West at Site
Looking SouthEast across Canal
Item V-J. 5. b.
ORDINANCES
ITEM # 49256
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ,4DOPTED:
Ordtnance to ,4 UTHORIZE temporary encroachment:
JOHN,4. SMITH and KA THLEEN SMITH- a portton of the Ctty's canal
at 2408 Entrada Drtve, Lago Mar, re constructton and matntenance of a
bulkhead, rtp rap and platform
The followtng condtttons shall be reqmred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach, and tn accordance wtth
the City's spec~ficattons and approval as to size, ahgnment and
location
The temporary encroachment heretn authortzed termtnates upon
nottce by the Ctty to the apphcant, and that wtthtn thtrty (30)
days after the nottce ts gtven, the temporary encroachment must
be removed from the encroachment area by the apphcant, and
that the apphcant wdl bear all costs and expenses of such
rem o va [
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and agatnst all clatms, damages,
losses and expenses mcludtng reasonable attorney's fees tn case
st shall be necessary to file or defend an action artstng out of the
locatton or existence of the temporary encroachment
Nothing herein contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
construction of any encroachment other than that spectfied
heretn and to the hmtted extent specified heretn, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant must obtatn a permtt from the Waterfront
Operattons/Planmng Department prtor to commenctng any
constructton wtthtn the encroachment area
The apphcant must 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
Ctty as additional named tnsured or loss payee, as apphcable
The apphcant also agrees to carry comprehenstve general
habthty insurance tn an amount not less than Ftve Hundred
Thousand ($500,00000), combtned single hmtts of such
insurance pohcy or pohctes The apphcant must provtde
endorsements provtdtng at least thtrty (30) days wrttten nottce to
the Ctty prtor to the cancellatton or termtnatton of, or matertal
change to, any of the tnsurance pohctes The apphcant assumes
all responstbthaes and habdtttes, vested or conttngent, wtth
relatton to the temporary encroachment
The apphcant shall submtt for revtew and approval, a survey of
the encroachment area, certtfied by a registered professtonal
engtneer or a hcensed land surveyor, and/or "as budt" plans of
the temporary encroachment sealed by a regtstered professtonal
engtneer, tf requtred by etther the Ctty Engtneer's Office or the
Engtneertng Dtvtston of the Pubhc Utthttes Department
-31 -
Item V-d. 5. b.
ORDINANCES
ITEM # 49256 (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 the temporary
encroachment, and pendtng such removal, the Ctty may charge
the apphcant for the use of the encroachment area, the
equivalent of what would be the real property tax upon the land
so occupted tf st were owned by the apphcant, and tf such
removal shall not be made wtthtn the time ordered heretn above
by thts Agreement, the Ctty may impose a penalty tn the sum of
One Hundred Dollars ($100 00) per day for each and every day
that the temporary encroachment ss allowed to conttnue
thereafter, and may collect such compensatton and penalttes tn
any manner provtded by law for the collectton of local or state
taxes
Vottng 11-0 (By Consent)
Counctl Members I/ottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham ~ Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, 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
February 5, 2002
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO A
PORTION OF CITY PROPERTY BY JOHN A.
SMITH AND KATHLEEN SMITH, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, John A. Smith and Kathleen Smith, desire to construct and
maintain a bulkhead, rip rap and platform into the City's canal in the Lago Mar subdivision
located at 2408 Entrada Drive.
11
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, Code ofVirg~nia, 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.
14
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
16
That pursuant to the authority and to the extent thereof contmned in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended John A. Smith and Kathleen Smith,
their assigns and successors in title is authorized to construct and maintain a temporary
encroachment for a bulkhead, np rap and platform into the City's property as shown on the
2 o map entitled: "PROPOSED BULKHEAD AND RIP RAP IN A CANAL OF LAGO MAR
VIRGINIA BEACH, VA. · APPLICANT: JOHN A. SMITH" a copy of which is on file
22 the Department of Public Works and to which reference is made for a more particular
2 3 description; and
24
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 John A. Smith and Kathleen Smith, (the "Agreement") which
2 7 is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his authorized
2 9 designee is hereby authorized to execute the Agreement.
30
BE IT FURTHER ORDAINED that this Ordinance shall not be in effect
until such time as John S. Smith and Kathleen Smith and the C~ty Manager or his authorized
32 designee execute the Agreement.
33
Adopted by the Council of the City of Virgima Beach, Virginia, on the 5
34 day of February
,2002.
3 5 CA-#
3 6 PREPARED December 31,2001
APPROVED AS TO CONTENTS
(.~ SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND,~ORM
CITY ATTORNEY
,.,, ~ /t\.
LOCATION MAP SCALE :1" -- 1,600'
L
f / /
] · ·
IF'E~
LOCATION
MAP SHOWING
ENCROACHMENT AT
2408 ENTRADA DRIVE,
PROPERTY OF JOHN A. SMITH
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 0,5-DEC-20CR
PREPARED BY VIRGINIA BEACH
CITY ATrORNE~I'S OFFICE
THIS AGREEMENT, made this ~rt] day of ~?0~ n~ J~,~/", 2 o o ! , by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and JOHN A SMITH AND KATffLEEN SMITH, 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 pared of
land designated and described as "Section 2, Lot 300, Subdivision of Lago Mar" and being further
designated and described as 2408 Entrada Drive, Virginia Beach, Virginia 23456, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a
bulkhead, tip rap and platform, "Temporary Encroachment", in the City of Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City property known as 50-foot
wide canal, Virginia Beach waterway, "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 th~ 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
GPIN 2424-02-9439
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 BULKHEAD AND RIP
RAP IN A CANAL OF LAGO MAR VIRGINIA BEACH, VA
APPLICANT JOHN A SMITH," 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 clatms, 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 Waterfront Operations/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 Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes, may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee, and if such removal shall not be made within the time ordered herein above 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 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, John A. and Kathleen Smith, 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
(SEAL)
ATTEST
By
City Manager/Authorized
Designee of the City Manager
City Clerk
Smith // X..J '~'
Kathleen Smith
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
day of
,2 ,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
,2
, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH
Notary Public
My Commission Expires
STATE OF Vrc,-
CITY/COUNTY OF ~/~c~K. '~,._~_x,,,
0
, to-wit-
The foregoing instrument was acknowledged before me this
'~.~,~x_~ ,- ,2 oo~ .., by John A Smith and Kathleen Smith
__ day of
My Commission Expires
otary Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
REAL ESTATE AGENT
2-STORY STUCCO
-----
' 'E 125.00'
PLOT PLAd
.J
ENTRAOA 0RIVE 6Q'R~
GPXN 2q2q-02-9~39
ii
PURPOSE: SANK STAB|L.Z?ATZON
DATUI'I: Iql. W" 0.00
APPt. ICANT:
Zq08 ENTRaDA ORIVE
YZ~GI#IA BEaCH,YA.ZJq$6
aGENT:
&EN TH(X~ISON
3705 mOSUN o~|vE
10/25/01
i i im
PROPOSED BULKHEAD AND RIP R~
|N A CANAl.. OF t. AGO FIAR
VIRGINIA SEACH~ VA,
APPt. ICANT: JOHN A. SNITH
su~[t 1 OF Z
Encroachment Request
2408 Entrada Drive
Subject Property - Facing Northeast
Subject Property - Facing Northwest
Item V-K.
- 32-
PLANNING
ITEM # 49258
1 WESTNECK PROPERTIES
VARIANCE
CHANGE OF ZONING
CONDITIONAL USE PERMIT
February 5, 2002
- 33 -
Item V-J. 1.
PLANNING
ITEM # 49259
Attorney Edward Bourdon, Pembroke One 5th Floor, Phone 499-8971, represented the apphcant, Robert
D Ztrpoh -Prestdent - West Neck Properttes The owner of the property, Mrs Legare Snyder, was also
tn attendance and represented by Attorney Morris Ftne Thts ts basically an 8 7-1/2 acre parcel of property
66 upscale restdenttal homes, to be known as "Eagles Nest ", are proposed Attorney Bourdon advtsed
Mrs Snyder cannot accept a thtrty day (30) deferral
Attorney Morrts Ftne, 2010 Parks Avenue, Phone 422-1678, represented Mrs Legare Snyder, and waived
the right to speak
A MOTION was made by Councd Lady Henley, seconded by Counctl Lady Parker to DEFER to the City
Council Session of March 5, 2002, FOR DEFINITION OF THE TRANSITION AREA COMP PLAN
GUIDELINES, apphcattons of WEST NECK PROPERTIES, INC. for a Variance to 3' 4 4(b) of the
Subdtvtston Ordtnance re the thtrty (30)-foot mtmmum pavement wtdth for mtemor streets, and Ordmances
for a Condtttonal Change of Zontng and Condtttonal Use Permit
A SUBSTITUTE MOTION was made by Vtce Mayor Sessoms, seconded by Counctl Lady Wtlson, to
ADOPT apphcattons of WEST NECK PROPERTIES, INC. for a Vartance to ~ 4 4(b) of the Subdtvtston
Or&nance re the thtrty (30)-foot mmtmum pavement wtdth for mtertor streets, and Ordtnances for a
Condtttonal Change of Zomng and Condtttonal Use Permit THIS MOTION WAS WITHDRAWN
Upon motton by Counctl Lady Henley, seconded by Counctl Lady Parker, Ctty Counctl DEFERRED to the
the City Council Session of March 5, 2002, FOR DEFINITION OF THE TRANSITION AREA COMP
PLAN GUIDELINES, apphcattons of WEST NECK PROPERTIES, INC. fora Vartance to ~ 4 4(b) of the
Subdtvtston Ordtnance re the thtrty (30)-foot mtntmum pavement wtdth for mtertor streets, and Ordtnances
for a Condtttonal Change of Zontng and Condtttonal Use Permtt
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordinance, Subdtvtston for West Neck
Properttes. Inc, a Vtrgtnta corporatton Parcel ts located at 3132 West
Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 -
PRINCESS ANNE
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 Ordinance upon Apphcatton of West Neck Properties, Inc , a Vtrgtnta
corporatton, fora Change ofZonmg Dtstrtct Classtficatton from AG-1 and
A G-2 Agrtcultural Dtstrtcts to Condtttonal R- 15 Restdenttal Dtstrtct at the
northwest corner of West Neck Road and In&an River Road (GPIN #2403-
21-1935, #2403-21-0241) The proposed zomng classtficatton to
Condtttonal R-15 ts for stngle famtly restdenttal land use on lots no less
than 15,000 square feet Thts stte ts located tn the Transttton Area as
defined tn the Comprehenstve Plan The Comprehenstve Plan recommends
use of thts parcel for approprtate growth opportuntttes, conststent wtth the
economtc vttahtypohctes of Vtrgtnta Beach Satdparcel ts located at 3132
West Neck Road and contatns 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 SPA CE PROMOTION
Ordtnance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtnta
corporatton, for a Condtttonal 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
February 5, 2002
Item V-J. 1.
- 34-
PLANNING
ITEM # 49259 (Continued)
Vottng 9-2
Council Members Voting Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, .Ir, 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
Counctl Members Vottng Nay
Margaret L Eure and Reba S McClanan
Counctl Members Absent
None
Counctl Lady McClanan DISCLOSED her husband owns a parcel of property located wtthtn three-quarters
of a mtle of the apphcatton The Ctty Attorney has advtsed she has a personal interest tn the transactton,
however the Confltct of Interests Act permtts her to vote on thts transactton tf thts tnterest ss dtsclosed
Counctl Lady McClanan's letter of February 5, 2002, ss hereby made a part of the record
February 5, 2002
Item VI-L. 1.
- 35 -
APPOINTMENTS
ITEM # 49260
B Y CONSENSUS, City Councd RESCHEDULED the following APPOINTMENT
DE VEL OPMENT AUTHORITY
February 5, 2002
Item VI-L. 2.
- 36-
INTR OD UCTION
ITEM # 49261
Mayor Oberndorf recogntzed the followtng Boy Scouts tn attendance to earn their mertt badge
BO Y SCOUT TROOP # 445
Sponsored by Christian Church United
David Edmondson
Scout Master
February 5, 2002
Item V-M
-37-
ITEM it 49262
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Section 2 2-3711(A), Code of Vtrgtnta, as amended, for the followtng purpose
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton of
pubhcly-held real property, where dtscusston tn an open meettng would
adversely affect the bargatntng posttton or negottattng strategy of the
pubhc body pursuant to Sectton 2 2-3711(A)(3)
31st Street ProJect
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, or other spectfic legal matters requesttng the provtston of legal
advtce by counsel pursuant to 2 2-3 711(A)(7)
Mst Street ProJect
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, }Vtlham Vg Harrtson, Jr.
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and Vice
Mayor l/Vtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Council Members Abstatntng
Rosemary Wtlson
Counctl Members Absent
None
Counctl Lady Wtlson was absent durtng the dtscusston of Mst Street Councd Lady Wtlson DISCLOSED
andABSTAINED as her husband ss 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 servtces related to the proposal before Ctty Counctl The Ctty Attorney has advtsed that she ss requtred
to dtsclose any personal tnterest as st meets the crtterta of a personal tnterest tn the transactton under the
Confltct of Interests Act and ss dtsquahfied from parttctpattng tn thts transaction Counctl Lady Wtlson's
letter of Aprtl 24. 2001, ss hereby made a part of the record
(Time of Closed Session: 7:11 P.M. 7:45 P.M.)
February 5, 2002
Item V-N.
- 38-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49263
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meetmg
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motton
conventng the Closed Session were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
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
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce
Mayor Wtlham D Sessoms, dr
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wilson
February 5, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rgima Beach C~ty Councd convened into CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 49262, page 37, and m accordance w~th the
prows~ons of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2 2-3711(A) of the Code of V~rg~ma reqmres a certification by the
govermng body that such Closed Session was conducted ~n conformity w~th V~rg~ma law.
NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby
certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully
exempted from Open Meeting reqmrements by Vlrglma law were discussed ~n Closed Session to
which th~s certfficatlon resolution apphes, and, (b) only such pubhc bus~ness matters as were
~dentffied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by
V~rg~ma Beach C~ty Councd.
R-u~a Hodges S~ith, MMC
C~ty Clerk
February 5, 2002
Item V-O.
- 39-
AD JO URNMENT
ITEM # 49264
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 7:48 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy City Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
February 5, 2002