JUNE 10, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MA YOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZ, EL, Kempsvdle -Dtstrtct 2
MARGARET L EURE, Centervdle -Dtstrtct 1
REBA S McCLANAN, Rose Hall -Dtstrtct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Prmcess Anne -Dtstrtct 7
PETER W SCHM1DT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
JAMES K SPORE, Ctty Manager
LESLIE L L1LLEE Ctty Attorney
RUTH HODGES SMITH, MMC, Ct~y Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
10 June 2003
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
I. CITY MANAGER'S BRIEFINGS
-Conference Room - 3:00 PM
A,
Bo
EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES for City of Virginia Beach
Departments and Agencies
Steven T. Thompson, Chief Financial Officer
HOMECOMING and WELCOMING CELEBRATION
Robert R. Matthlas, Assistant to the City Manager
II. REVIEW OF AGENDA ITEMS
Ill. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
-Conference Room - 4:30 PM
to
Bo
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - Council Chamber- 6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Frances Cooper
Pastor
Courthouse United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
June 3, 2003
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
lo
HERO'S WALK- MEMORIAL DAY 2003 Bobby Melattl, Director, Beach Events
Salem High School advanced Placement U.S. History Students
I. PUBLIC HEARING
1. REAL AND PERSONAL TAX EXEMPT Requests:
ao
Heart Havens, Inc.
Cerebral Palsy of Virginia, Inc.
J. CONSENT AGENDA
K. ORDINANCES
o
,
.
o
,
EMERGENCY MEDICAL SERVICES (EMS) annual permit renewal:
ao
Children's Hospital of the King's Daughters
Eastern Shore Ambulance
Lifeline Ambulance Service, Inc.
Medical Transport
Network Medical Systems, Inc.
Nightingale Regional Air Ambulance
Ordinance to AMEND FY 2003-2004 SCHOOLS' operating budget to revise categorical
appropriations; and, APPROPRIATE $2,792,632 in State funds and $158,000 fund balance
for s~te acquisition.
Ordinance to ACCEPT and APPROPRIATE $137,540 in Federal funds from the State
Department of Social Services to the FY 2003-2004 operating budget of Virginia Beach
Social Services re the food stamp employment and training program.
Ordinances to AUTHORIZE TAX EXEMPTIONS on local real and personal property for
charitable purposes:
a.
HEART HAVENS, INC.
CEREBRAL PALSY of VIRGINIA, INC.
Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way
at Atlantic Ocean and 34th Street by OCEAN BEACH CLUB, LLC re waterfall, landscaping,
covered walkways and porte cochere.
Lo
PLANNING
Application of DAYSPRING OUTREACH MINISTRY for a Conditional Use Permit to
expand an existing church in a shopping center at 3460, 3462 and 3464 Holland Road,
containing 4,000 square feet.
( DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
°
Application of REED ENTERPRISES, INC. for a Conditional Use Permit to ADD an
automatic carwash to an automobile service station in conjunction with a convenience store
at 985 Chimney Hill Shopping Center, contmnlng 21,755 square feet.
(DISTRICT 3 - ROSE HALL)
Recommendation: APPROVAL
o
Application of JOHN SWEENEY for a Conditional Use Permit re firewood processing and
storage of wood at 2332 London Bridge Road.
(DISTRICT 7- PRINCESS ANNE)
Recommendation:
DENIAL
.
Applications re property on the east side of Little Neck Road, north of Poplar Bend (864 Little
Neck Road), containing 5.319 acres.
(DISTRICT 5 - LYNNHAVEN)
ao
VOICESTREAM GSM II, L.L.C. for MODIFICATION to ehm~nate Proffers Nos.
1, 2 and 4: and, REVISE Proffer No. 3 re communication tower as a use on the Change
of Zoning in the application of Hubert L. and Mona H. Dail from R-3 Restdenttal
District to 0-! Office District (approved by City Council on February 9, 1981)
bo
VOICE STREAM WIRELESS for a Conditional Use Permit re wtreless
communtcatton facthty and communtcatton tower
Deferred:
Recommendation:
APRIL 22, 2003
APPROVAL
°
Apphcation of GENERAL EDISON, L.L.C. on the north side of Edison Road, east of
General Booth Boulevard, containing 10.6 acres:
(DISTRICT 7- PRINCESS ANNE)
a,
Change of Zoning D~stnct Classfficat~on from AG-1 and AG-2 Agrtcultural Dtstrtcts to
Condtttonal B-2 Commumty-Bustness Dtstrtct
b. Con&tional Use Permit for a mini-warehouse facility
Recommendation:
APPROVAL
,
Application of the City of Virgima Beach to AMEND the City Zomng Ordinance (CZO) re
building height regulations ~n the Agricultural and certmn Residential zomng D~stricts.
Recommendation: APPROVAL
M. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
OPEN SPACE COMMITTEE
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
YOUTH SERVICES COUNCIL
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
City Council, in trying to be more responsive to the needs of citizens
who attend the meetings, has adopted the following time limits for future Formal
Sessions
~.pplicant or Applicant's Representative 10 Minute
kttorney or Representative for Opposition 10 Minutes
Other Speakers - each 3 Minutes
Applicant's Rebuttal 3 Minutes
THESE TIMES WILL BE STRICTLY ADHERED TO.
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Dewce for the Deaf)
06/05/03 slb-gw
wwwvbgov com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 June 2003
Vice Mayor Louts R Jones called to order the CITY MANAGER'S BRIEFING re EXCLUSIVE
CONTRA CT FOR VENDING OR BEVERAGES tn the Ctty Councd Conference Room, Ctty Hall Buddmg,
on Tuesday, June 10, 2003, at 3 O0 P M
Councd Members Present
Harry E Dtezel, Vtce Mayor Louts R Jones, Reba S McClanan, Jtm
Reeve, Peter W Schmtdt, Ron A Villanueva and James L. Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
Margaret L Eure
Rtchard A Maddox
[ATTENDING U S CONFERENCE OF
MAYORS 71sr ANNUAL MEETING,
Denver, Colorado]
[Entered 3 17 P M]
[Entered 3 I O P M ]
Rosemary Wdson [Entered 3 05 P M]
-2-
CITY MANAGER'S BRIEFING
EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES
FOR CITY OF VIRGINIA BEACH DEPARTMENTS AND AGENCIES
3:00 P.M.
ITEM # 51268
Steven T Thompson, Chtef Ftnanctal Officer, advtsed cittes across the country have explored the private
sponsorship issue tn a vartety of ways Sponsorshtp does not mean the Ctty's name or reputatton are for
sale, but tnstead recogmzes prtvate contributions for ctty servtces and facthttes Sponsorshtp assumes many
forms and can entatl "namtng rtghts" as well as recogmtton for contrtbuttons to City servtces and could also
tnclude centrahzed ven&ng contracts and markettng A City Wide Sponsorship Team, Co-Charred by Ron
Kuhlman, Tourtsm Markettng and Sales - Convention and Vtsttor Development, and Pete Hangen,
Markettng and Informatton Systems - Parks and Recreatton, has been revtewtng thts tssue In addttton to
revtewtng addtttonal revenue for Ctty servtces, the Commtttee was also concerned aboutprotecttng revenues
now generated by the vendtng machtnes for programs wtthin the departments and to offset expenses to
employees wtthtn Ctty servtces
Mr Kuhlman advtsed the City Wide Sponsorship Team was created to estabhsh gmdehnes Membershtp
conststs of representatives from the Ctty Attorney's office, COMIT (Communtcattons and Informatton
Technology), Conventton and Vtsttor Development, Parks and Recreatton, £tbrartes, Management Servtces
and Purchastng The purpose ts to revtew and consohdate the over thtrty-stx (36) beverage contracts tnto
one contract to leverage the market value
Current Reality
Multtple vendtng contracts managed independently
Untapped markettng assets
Under-leveraged sales opportuntttes
Thirty-six (36) dtfferent contracts manage more than 189 vending machines on ninety (90) City facilities
Approxtmately $8 7, 000 tn commtsstons ts collected annually tn commtsstons The venchng machtnes produce
an tncome of approxtmately $3 71,000 annually
The Process
Researched other cities and orgamzattons
San Dtego
Ocean City
Old Domtmon Untverstty
Inventorted current Ctty of Vtrgtnta Beach venchng operattons
Developed a Request for Proposal (RFP) to consohdate beverage
ven&ng and to leverage markettng potenttal
June 10, 2003
-3-
C I T Y MA N A G E R 'S BRIEFING
EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES
FOR CITY OF VIRGINIA BEACH DEPARTMENTS AND AGENCIES
ITEM # 51268 (Continued)
Old Domtnton Untverstty (ODU) recently signed a second five-year ven&ng agreement wtth Coca-Cola
Coca -Cola has exclustve rtghts to OM Domtnton facihttes From a revenue and markettng standpotnt, thts
contract provided a 78% tncrease over thetr prtor five-year prtor contract
The Request For Proposal (RFP) components constst of Consohdatton Servtces Agreement and Markettng
Partnership Opportuntttes
Desired Outcomes
Consohdated contract that provtdes better accountabthty from the
vendor and better fiscal overstght for the organtzatton
Increase revenue on commtssions
Create a new revenue stream by leveragtng markettng assets
Central potnt for deahng wtth tssues related to maxtmtztng revenue
Allocation of Concession Revenues
Program costs and expenses
Revenue streams for departments using funds for the enhancement
of programs wtll be left tntact
'Half of the balance would go to an employee morale and recognttton
fund, wtth the Ctty Manager estabhshtng a member commtttee to
evaluate and create a process for the dtstrtbutton of revenues through
morale and recognttton program
Incremental net to be used as &rected and approprtated by Ctty Counctl
Allocation of Marketing Revenues
10% of the gross would go to the Employee Morale Fund
The rematmng funds would be allocated through the budget
process as follows
40% Dtstrtbuted proporttonally to all departments
30% Dtvtded among departments based on value
tmpact tnchcated tn the property analysts
30% Placed into the General Fund to be approprtated
by the Ctty Council
June 10, 2003
-4-
C I T Y MA N A G E R 'S BRIEFING
EXCLUSIVE CONTRACT FOR VENDING OF BEVERAGES
FOR CITY OF VIRGINIA BEA CH DEPARTMENTS AND AGENCIES
ITEM # 51268 (Continued)
Mr Hangen ctted the example of Parks and Recreatton, whtch creates a spectal event orprogram, and adds
cash value to the contract The revenues would be utthzed towards supporttng the new tntttattve
Next Steps
Pohcy betng developed for plactng Ven&ng Machtnes
on Ctty property
The Request for Proposal (RFP) wtll be tssued
Negottate wtth respondents
Stgn contract
Mr Hangen advtsed an Annual Report wtll be provided to City Counctl Relattve the Employee Moral
Recognition Fund, these entatl acttvtttes that benefit employees t e Relay for Ltfe, chartttes
Mr Hangen chstrtbuted a hst of the small bustness vendors that do bustness wtth the Ctty The top three
bustnesses who have the majortty of Ctty contracts would be Atlanttc Domtnton, Mtd-Atlanttc Coca-Cola
and Pepst Cola Mr Kuhlman referenced tnformatton relative the revenue dertved from these machtnes by
the vendors was very difficult to obtatn and over 'half of the small bustnesses would not respond Concern
was expressed re the loss of revenue to small bustnesses. Mr Kuhlman shall provtde a copy of the letter from
Management Servtces to the vendors Mr Thompson advtsed there were chscusstons as to whether tt ts
better to support the small bustness owner by havtng multtple contracts or substantially tncrease the revenue
wtth one vendor and pass this benefit to the Ctty as a whole
Mr Kuhlman ctted when San Diego consohdated thetr soft drtnk contract, they esttmated over a 12-year
pertod of ttme they would ratse between $6 6-MILLION and $23 ~ -MILLION depenchng on sales San
Dtego accumulated more than $5-MILLION tn 3 ~ years from lucrattve deals encompasstng contracts wtth
Vertzon Wtreless, Chevrolet for Beach Patrol Cars and Pepst as the exclustve vendor for four hundred
seventy-five (4 75) soda machtnes The program only cost $145,000 a year to provtde thts revenue stream
Portland, Oregon had ntnety-two (92) basketball courts resurfaced by NIKE In exchange, the company was
allowed to place tts famous logo on the courts Phtladelphta ts revtewtng a $3-MILLION a year soft drtnk
contract These examples were ctted tn USA Today Mr Hangen referenced the servtce agreement would
probably be a five-year contract
The Ctty Manager advised, at the present ttme, tnchvtdual vendors are maktng contracts wtth tndtvtdual
employee groups tn pubhc facthttes t e .fire stattons, Ctty Hall butldtng, ones which the City has no control
and ts not aware of the revenues recetved or the best deal ts consummated
BY CONSENSUS, thts ttem shall be scheduled for a Pubhc Heartngprtor to approval, and more tnformatton
shall be provtded re revenue projecttons and the number of venchng machtnes wtthtn the city
June 10, 2003
-5-
C I T Y MA N A G E R 'S BRIEFING
HOMECOMING AND WELCOMING CELEBRATION
3:55 P.M.
ITEM # 51269
Robert Matthtas, Asststant to the Ctty Manager, advtsed, wtth Ctty Counctl's leadershtp tn 1991, the Ctty
had a Homecomtngfor the armed servtces returmngfrom Desert Storm Thts year, an even btgger event ts
planned Mr Matthtas &splayed a 30-second vtdeo "Welcome Home ", produced tn concert wtth Channel
3
Virginia Beach Highlights of Activities
Ctty supports mtlttary parttctpatton tn ongotng events Fort Story
Sohder of the Year, Outstanding Vtrgtnta Beach Satlor of the Year,
Mthtary Recepttons, State of the Ctty and Beach Bash
WTAR News Channel 3 produced a welcome message that began
atrtng last week 5 days a week- Monday thru Frtday, Etght 30-second
spots per day (5 AM to 8 PM, 40 spots per week for four (4) weeks
equahng a total of 160 televtston spots
Households Reached 57 %/frequency' 8 6
Ctty's tnvestment' $10,000
Article tn Ctty page cotnctchng wtth WTKR
&mdar message fully produced by VBTV will run on Mumctpal cable
Vtrgtnta Martne Sctence Museum offered "buy one, get one free "ttcket
to vtstt the museum
Vtrgtnta Marine Science Museum offered a year-round &scount of
10% off admtsston to all mthtary
Vtrgtnta Martne Sctence Museum plans to offer addtttonal dtscount
coupons tn mihtary publications
Parks and Recreatton offer restdent- rates for recreatton cards
The Ctty ts coordtnattng wtth the Hampton Roads Chamber of Commerce on a Regtonal Task Force Ira M
Agrtcola, Sentor Vtce Prestdent- Hampton Roads Camber of Commerce, detaded the purpose of the Task
Force
To promote a highly visible heroes welcome for those returning from
Operation Iraqi Freedom to Hampton Roads
June 10, 2003
-6-
C I T Y MA N A G E R 'S BRIEFING
HOMECOMING AND WELCOMING CELEBRATION
ITEM # 51269 (Continued)
IRAQI FREEDOM TASK FORCE (IFTF)
Honorary Chair
Senator John Warner
Honorary Vice Chairs
The Honorable Meyera Oberndorf
Mayor - Virginia Beach
The Honorable James Holley
Mayor - Portsmouth
The Honorable Paul Fraim
Mayor - Norfolk
The Honorable William Ward
Mayor- Chesapeake
The Honorable Dana Dickens
Mayor - Suffolk
TASK FORCE SPONSORS
Virginian Pilot
Cox Communications
Hampton Roads Chamber of Commerce
U.S.O. of Hampton Roads
U.S. Navy League - Hampton Roads Council
Virginia Beach
Norfolk
Portsmouth
Suffolk
Chesapeake
U.S. Navy Public Affairs
Alfred Dale Bowen, III, Markettng/Development Director - Vtrgtntan-Ptlot, and Tom Prevette, Vtce
Prestdent Government and Regulatory Affairs - Cox Communtcattons, were tn attendance
June 10, 2003
-7-
C I T Y MA N A G E R 'S BRIEFING
HOMECOMING AND WELCOMING CELEBRATION
ITEM ii 51269 (Continued)
IRAQI FREEDOM TASK FORCE (IFTF)
Highlights of Activities
Commemorattve logo destgned and made avatlable for mass
dtstrtbutton
"Welcome Home "posters for the two battle groups destgned and
dtstrtbuted
Coordinated and sponsored Fly-In Hangar parttes for returntng F-18
and F- 14 squadrons
Provtded food, welcome banners, concert ttckets, beverages, goodte
bags, champagne and games
Requested bustnesses and schools wtth signs to post a "welcome
home" message
Placed a full page ad tn each Monday's paper entttled "Mthtary
Bullettn Board"
"Welcome Home" concert on Memortal Day featuring Merle Haggard
Productng commemorattve Vtrgtntan Ptlot supplement documenttng
enttre lraqt Freedom confitct
Atrtng" Welcome Home" commerctals
Prtnted and electrontc ads promottng the Merle Haggard concert
and Rally for Amertca
Captatn Thomas Keeley, Commanding Officer, NAS Oceana, stated he had not seen anything hke thts
outpourtng tn all hts years tn the Navy Admtral Archttzel wtshes to personally present the concert ttckets
to the Mihtary
Counctl Members Maddox and Reeve referenced the meettng on Monday, June 9, 2003, attended by Robert
Matthtas, Clear Channel, representattve of Admtral Archttzel, Ira Agrtcola and a representattve from the
Vtrgtntan Pilot The Concert wtll be an all day event at the Amphttheatre wtth a ptg roast, a ptcntc, a
vartety of local bands durtng the day, the headhner band tn the eventng and fireworks at the culmtnatton of
the event Thts couldpotenttally be the first of an annual event All members tn attendance were challenged
June 10, 2003
-8-
C I T Y MA N A G E R 'S BRIEFING
HOMECOMING AND WELCOMING CELEBRATION
ITEM # 51269 (Continued)
The Homecoming event to honor the Military wtll be scheduled tn early August A "top name" entertatner
wtll be htghhghttng the concert The amphttheater seats 20, 000 of whtch 15, 000 ttckets wouM be avatlable
free-of-charge to the Mthtary 5,000 tickets wouM be soM at a nomtnal fee, approxtmately $40 00, whtch
wouM generate $200,000 and essenttallyfund the event Counctl Members Maddox and Reeve are requesttng
$50,000 "seed money"from the Ctty, and the majortty of funds would be retmbursed Counctl Members
Maddox and Reeve have commttted to travel to Norfolk and the other cities to approach them for that same
level of fundmg Thus, thts event would be regtonal
Counctlman Reeve advtsed the requested fundtng wouM be good fatth to the Amphttheater, showtng the Ctty
ts sertous about productng an event of this magnttude
Thts ttem wtll be chscussed and chrectton provided durtng the Ctty Counctl Sesston of June 24, 2003 Further
tnformatton shall be furntshed to Ctty Counctl
June 10, 2003
K2
-9-
AGENDA RE VIE W SESSION
4:07 P.M.
ITEM # 512 70
Or&nance to AMEND FY 2003-2004 SCHOOLS'
operattng budget to revise categorical approprtattons,
and, APPROPRIATE $2,792,632 tn State funds and
$158, O00 fund balance for site acquisition.
Councdman Reeve referenced correspondence of Chatrman Dan Edwards -Vtrgtnta Beach School Board
concermng transferring $1.2-MILLION from instruction to operations and maintenance.
Vtctorta Lewts, Chtef Ftnanctal Officer -Vtrgtnta Beach Schools, advtsed the School Board took the Ctty's
approprtatton from the AMENDED FY 2003-2004 Operating Budget ADOPTED on May 13, 2003, and
all the ad&ttonal funds for the State Sales Tax and the revenue shartngfunds were placed tn the Instructton
Category To provtde the ratse and other acttvtttes the School Board destred requtred a transfer of some
funds to the other categortes This would be a ratse for all School employees, not just the teachers The
tnstructtonal category tncludes not only classroom accounts, but support postttons as well as the prtnctpals,
audtologtsts (all those positrons that provtde &rect support to students) The State tells Schools "what has
to go where" All the transfers are for salary dtfferences Thts request ts for only funds to be moved wtthtn
the categortes
Counctlman Maddox referenced hts tnterest tn revtewtng Categorical Funding for the Vtrgtnta Beach
Schools Vtce Mayor Jones advtsed approxtmately ten years ago, lump sum fundtng was provtded to Schools
and a catastrophtc sttuatton resulted At the end of the year, Vtrgtnta Beach Schools expertenced a $12-
MILLION defictt whtch was assumed by the Ctty 's fundtng Vtce Mayor Jones would not support lump sum
funding because of thts prevtous defictt
The tssue of lump sum fundtng shall be scheduled durtng the Ctty Councd Retreat
ITEM # 512 71
K5
Ordtnance to AUTHORIZE a temporary encroachment
tnto a portton of the rtght-of-way at Atlanttc Ocean and
34tn Street by OCEAN BEA CH CLUB, LLC re waterfall
landscaptng, covered walkways and porte cochere
Councd Lady McClanan expressed concern and beheved an unoffictal pohcy extst~ of not allowing
encroachments into the rtght-of-ways The Ctty has expended excesstve funds to matntatn vtstas, access
for the pubhc on 34th Street, et cetera
The Ctty Manager advtsed a detaded presentatton shall be provtded by the apphcant durtng the Formal
Sesston
June 10, 2003
-10-
AGENDA RE VIE W SESSION
ITEM # 512 72
B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA:
K1
K2
K3
EMERGENCY MEDICAL SERVICES (EMS) annual
permtt renewal
a Children's Hospital of the King's Daughters
b Eastern Shore Ambulance
c Lifeline Ambulance Service, Inc
d Medical Transport
e Network Medical Systems, Inc.
f Nightingale Regional Air Ambulance
Or&nance to AMEND FY 2003-2004 SCHOOLS'
operattng budget to revise categorical approprtattons,
and, APPROPRIATE $2,792,632 tn State funds and
$158, O00 fund balance for site acquisition
Ordtnance to A CCEPTandAPPROPRIA TE $13 7, 540 tn
Federal funds from the State Department of Soctal
Services to the FY2003-2004 operattng budget of Vtrgtnta
Beach Social Services re the food stamp employment and
training program
June 10, 2003
-11-
AGENDA RE VIE W SESSION
ITEM # 512 73
L1
Apphcatton of DA YSPRING OUTREACH MINISTRY
for a Condtttonal Use Permtt to expand an extsttng
church tn a shopptng center at 3460, 3462 and 3464
Holland Road, contatntng 4, 000 square feet
(DISTRICT 3 - ROSE HALL)
Councd Lady McClanan referenced thts whole shopptng center wdl probably be one very large church Tax
revenue ts pard by the property owner (not the church), who leases the factltty to the church
ITEM # 512 74
L3
Apphcatton of JOHN SWEENEY for a Conchttonal Use
Permtt re firewood processing and storage of wood at
2332 London Bridge Road
(DISTRICT 7- PRINCESS ANNE)
Councdman Reeve expressed concern He has not heard from the apphcant The verbattm of the Planmng
Commtsston Meettng tndtcates deed restrtcttons concerntng the proposed use not betng approprtate on thts
stze agrtcultural lot
Thts ttem shall be chscussed durtng the Formal Sesston
ITEM # 512 75
L6
Apphcation of the Ctty of Vtrgtnta Beach to AMEND the
Ctty Zomng Ordinance (CZO) re building height
regulations tn the Agrtcultural and certatn Restdenttal
zontng Dtstrtcts
Counctl Lady McClanan cltd not have a problem extendtng the hetght regulattons tn the
Agrtcultural/Transttton area, however, had concern wtth the restdenttal portton The Ctty Attorney has
advtsed one portton of thts Ordtnance could be approved and the other portton deferred
There are speakers regtstered Thts item wtll be chscussed durtng Formal Sesston
Councd Lady Wtlson expressed concern and advtsed she has been tnvolved tn thts process stnce last
January The Ctvtc League Prestdent of Bay Colony was tnformed of every stngle meettng and dtd not chose
to come, however, a representattve of thts area did attend and never offered comments
Robert Scott, Dtrector of Planning, advtsed thts amendment was brought forwarded by the Development
industry In certatn areas of the Ctty, such as the Transttton Area, restdents are encouraged to butld
$400,000 or htgher value homes whtch requtre a larger footprtnt Thus, steeperpttched roofs are necessary
and would be approprtate tn certatn areas of the Ctty. Thts type of houstng would fit tn a new subdtvtston
on large lots (approxtmately 15, 000 square feet or more) Certatn constderattons are warranted along the
waterfront areas tn the northern portton of the Ctty wtth large lots and slopes leadtng to the water Thts type
of house could be butlt on lots zoned R-30 and R-40 tf they could comply wtth a greater side yard setback
June 10, 2003
- 12-
,4 GENDA RE VIE W SESSION
ITEM # 512 76
BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA:
L1
Apphcatton of DA YSPRING OUTREACH MINISTRY
for a Conchttonal Use Permtt to expand an extsttng
church tn a shopptng center at 3460, 3462 and 3464
Holland Road, contaming 4, 000 square feet
(DISTRICT 3 - ROSE HALL)
L2
Apphcatton of REED ENTERPRISES, INC. for a
Conchttonal Use Permtt to ADD an automatic carwash to
an automobtle servtce statton tn conjunctton wtth a
conventence store at 985 Chtmney Hill Shopping Center,
contatntng 21,755 square feet
(DISTRICT 3 - ROSE HALL)
L5
Apphcatton of GENERAL EDISON, L.L.C. on the north
stde of E&son Road, east of General Booth Boulevard,
contatntng 10 6 acres
(DISTRICT 7- PRINCESS ANNE)
Change of Zoning Distrtct Classtficatton from AG-1 and
AG-2 Agrtcultural Dtstrtcts to Conchttonal B-2
Communtty-Bustness Dtstrtct
b Conchttonal Use Permttfor a mini-warehousefacthty
June 10, 2003
- 13-
COUNCIL COMMENTS
4:30 P.M.
ITEM # 512 77
Counctlman Reeve referenced the fatality on Sandbridge Road, June 9, 2003, 7:30 P.M. Counctlman Reeve
expressed hts condolences to the famtly of the deceased young boy The boy was fishtng wtth hts famtly,
caught a fish, was exctted, ran across the road to show hts famtly members and was struck by an oncomtng
car The vehtcle was drtven by a 20-year oM male, a Beach restdent Netther speed, alcohol nor drugs was
a factor No charges werepressed Thts area on Hells Point Creek has beenfishedfor decades Counctlman
Reeve was concerned relative the transportatton network When the unfortunate acctdent occurred,
Counctlman Reeve was coming home from the Heron's Rtdge Ctvtc League meettng He heard the
ambulances and the Nightingale Helicopter The traffic was at a standsttll for approxtmately 1-1/2 hours
There was no traffic entertng or leavtng Sandbrtdge or the enttre Corrtdor
Deputy Poltce Chtef James Cevera, advtsed the traffic was stopped, to move the young boy to the
campground for the Ntghttngale to land and for the Poltce to perform an tnvesttgatton re the acctdent
Counctlman Reeve concurred wtth thts scenarto Ctttzens contacted Councilman Reeve concerntng the
gates of Dam Neck not being open The Navy was contacted and advtsed the sttuatton dtd not warrant
opentng the gates Counctlman Reeve understands the gates were open more as a courtesy or good gesture,
not a standtng operattngprocedure The Ctty Manager has contacted the Navy relattve a Memorandum of
Understandmg to allow usage Counctlman Reeve dtd not belteve a Ctty of our stze and wealth should have
to depend on a military tnstallatton as an emergency secondary access route
Councdman Dtezel advtsed he shared concerns and suggested the Pohce and Ftre Chtefs brtef Ctty Counctl
relattve the traffic control and the type of tmprovements which can be made tn thts parttcular area
ITEM # 512 78
Counctl Lady Eure advtsed as the Referendum faded re the Transportatton tssues, she has heard the
Metropolitan Planning Organization wtll dectde re the projects prtortttzed for the transportatton system
She has heard the Third Tunnel wtll not be butlt for more than 10 or 15 years, whtch could be to the
detrtment of otherprojects as Southeastern Parkway, the Twtn Tunnel, Route 460 Counctl Lady Eure wtshed
the Ctty Counctl to revtew the opttons
Robert Matthtas, Assistant to the Ctty Manager, advtsed the Metropolttan Planntng Organtzatton, whtch ts
responstble for productng a long range transportatton plan wtll be vottng next Wednesday, June 18, 2003,
on the 2026 Plan, whtch ts an update to the 2023 Plan, and tncluded the six (6) projects tn the Referendum
Vtce Mayor Jones ts Chatrman of the Metropolttan Planning Organtzatton and of the Executtve Commtttee
of the Hampton Roads Planntng Dtstrtct Commtsston The Mayor wtll not be vottng as Vice Mayor Jones
ts the destgnated member The MPO ts bastcally comprised of the Executtve Commtttee of the Hampton
Roads Planntng Dtstrtct Commtsston The MPO has a deadltne to make a dectston by July Ftrst
The MPO must adopt a fiscally constratned air quality conforming plan The MPO must advise a list of
projects whtch wtll be doable over the next twenty-three years and those projects must meet the atr qualtty
conformance plan There were four (4) funchng scenartos whtch have been reduced to two (2) The base
funding scenarto assumes $3-BILLION wtll be recetved over the next twenty-three (23) years for urban
projects and there wtll be $2-BILLIONof new fundtng (prtmartlyfederal funds, national highway system and
tnterstate funds)
June 10, 2003
- 14-
COUNCIL COMMENTS
ITEM # 51278 (Continued)
Under the base fundtng scenario, the MPO ts revtewtng a combtnatton of tolls and the new federal
resources, butldtng the Southeastern Parkway/Route 460 and tmprovements to 1-64 tn Chesapeake, posstbly
Domtnton Boulevard and tmprovements to Route 60, 1-64 on the Pemnsula and the new Mtdtown Tunnel
The Southeastern Parkway would be 'half supported by tolls (possibly $2 O0 or $3 00) and the other 'half
supported by these new funds
The other scenarto would entatl all the projects Thtrd Crosstng, Southeastern Parkway, Route 460, 1-64
improvements on the Pemnsula and southstde, Route 460 tmprovements and Mtdtown Tunnel (combtnatton
of $2-BILLION tn new money, tolls on Thtrd Crosstng, Southeastern Parkway and Route 460 and a regional
gas tax - approved by the General ,4ssembly, (between 8¢ and 11¢) One of the problems ts the Federal
Highway Admtntstratton, unttl very recently, has said a plan cannot be gtven that ts fiscally constratned tf
tt tncludes regtonal gas tax or tolls planned for extsttng Interstate facthttes
The Federal Htghway Admtmstratton (FHWA) ts backtng away The Vtrgtnta Department of Transportatton
(VDOT) has stated tf the FHWA wtll not approve the plan because of the regtonal gas tax, then they wtll not
conduct the air quahty conformtty analysts There ts a deadhne of January 2004, by whtch the plan has to
be fully adopted by FHWA and the atr quahty conformtty must be conducted James K Spore, Ctty Manager,
ts Chatrman of the Chtef Admtntstrattve Officers group and they are meettng agatn Wednesday, June 18,
2003, to revtew and fine tune theplan that wtll bepresented to the MPO meettng commenctng at 10 30,4 M
Newport News, Portsmouth and Norfolk wtsh to revtstt the Thtrd Crossing issue Hampton does not There
was a certatn amount of support from the Pentnsulajurtsdtcttons Chesapeake was more tnterested tn 1-64,
Route 460 and Domtnton Boulevard tmprovements It would entatl approxtmately $4 4-MILLION to build
a new Third Crosstng The Ctty ts also tnterested tn maktng sure tmprovements to 1-264 tn Vtrgtnta Beach
are made and the 1-264/64 tnterchanges, tncudtng the ramp gotng westbound tnto Vtrgtnta Beach
Vtce Mayor Jones advised under etther scenarto, none of the projects wtll be destgned and butlt wtthtn a 3-
year pertod Therefore, the tssue wtll have to be revtstted again
ITEM # 512 79
Counctl Lady Eure wtshed Mount Trashmore H be renamed i.e. City View Overlook or City View Vista,
or a stmtlar name The term Mount Trashmore Il should be eliminated as the name ts not a good economtc
tool
June 10, 2003
- 15-
CITY COUNCIL LIAISON REPORTS
ITEM # 51280
Counctl Lady Eure and Councdman Maddox, Ltatsons to the Convention Center, attended a meettng
concermng the latest status There are ttems whtch require a dectston on the avatlabthty of funds Council
Lady Eure and Counctlman Maddox wtshed these tssues be tncluded on the Agenda for the City Council
Retreat
ITEM # 51281
Counctl Members McClanan and Wdson, Ltatsons to the Boards and Commissions Review Committee, met
on June 6, 2003, to revtew the Boards and Commtsstons' apphcatton form and appointments to the
Development Authortty Coptes of the apphcatton form wtll be forwarded to Members of Ctty Counctl
Dtscusston wtll be scheduled for the Ctty Counctl Sesston of June 24, 2003
June 10, 2003
-16-
ITEM ii 51282
Vtce Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, June 10, 2003, at 4 48
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron
A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
-17-
ITEM it 51283
Vtce Mayor Jones entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscussion, constderatton or tntervtews of prospecttve
can&dates for employment, asstgnment, appotntment, promotton, performance,
demotton, salartes, dtsctphntng, or restgnatton of spectfic pubhc officers,
appotntees, or employees pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Arts and Humantttes Commtsston
Beaches and Waterways Commtsston
Hampton Roads Economtc Development Alhance
Hampton Roads Planmng Dtstrtct Commtsston
Open Space Commtttee
Parks and Recreation Commtsston
Pubhc Ltbrary Board
Shore Drtve Advtsory Commtttee
Towtng Advisory Board
Youth Servtces Coordtnattng Councd
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqmsttton
of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real
property, where chscusston tn an open meetmg would adversely affect the
bargatmng posttton or negotiating strategy of the pubhc body pursuant to Section
2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property - Baystde Dtstrict
- Lynnhaven Dtstrtct
-Prtncess Anne Dtstrtct
Upon motton by Councdman Wood, seconded by Councdman Schmtdt Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson
and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
(5:05 P.M. - 6:00 P.M.)
June 10, 2003
- 18-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
June 10, 2003
6:00 P.M.
Vtce Mayor Louts R Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, Ctty Hall Bud&ng, on Tuesday, June 10, 2003, at 6 O0 P M
Councd Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, R~chardA Maddox, Jtm Reeve, Peter W SchmMt, Ron
A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Absent
Mayor Meyera E Oberndorf
[ATTENDING U S CONFERENCE OF
MA YORS 71sr ANNUAL MEETING, Denver,
Colorado]
INVOCATION Reverend Frances Cooper
Pastor
Courthouse Umted Metho&st Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 10, 2003
Item V-E.
- 19-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51284
Upon motton by Counctlman Maddox, seconded by Counctlman Schmtdt, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by'
Vtrgtnta Beach City Counctl
Vottng 10-0
Counctl Members Vottng Aye
Harry E Diezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
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 # 51283, page 16, and in accordance with the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2 2-3 711 (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 Clty Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by V~rglnia law were discussed in Closed Session to which this certification resolution
applies, and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, d~scussed or considered by V~rg~ma Beach City Council.
1;~th Hodges S~mlth, MMC
City Clerk
June 10, 2003
- 20 -
Item V-F. 1.
MINUTES
ITEM # 51285
Upon motton by Counctl Lady Wdson, seconded by Councdman Reeve, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL and FORMAL SESSIONS of June 3, 2003.
Vottng 10-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
- 21 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51286
BY CONSENSUS, Cay Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
.June 10, 2003
Item V-H. 1.
- 22 -
MA YOR 's PRESENTATION
ITEM ii 5128 7
Bobby Melattt, Dtrector- Beach Events, advtsed Beach Events ts charged wtth provtchngfirst class famtly
entertatnment tn the Resort Area The ttmes we hve tn requtre Beach Events to fulfill not only the
entertatnment needs of our vtsttors, but the search for a meantngful message The Memortal Day Weekend
event was changed from "Remember the Music" to "Remember the Heroes".
Wtth tens of thousands young men and women returmngfrom deployment tn the Mtddle East, Greg Moore
representtng Barker, Campbell, Farley and Mansfield, the adverttstng agency for the Ctty, suggested a great
concept to honor veterans of all wars A Hero's Walk was created along the Boardwalk The Prtnctpal of
Salem Htgh School and the Soctal Studies Department Chatr- Salem High School, were pettttoned to enhst
the support of the teachers and students at Salem Htgh School The Advanced Placement U S Htstory
students, under the gmdance of their teacher, wrote the enttre script for the sixteen (I 6) 4 x 8 banners The
students selected the toptcs for each begtnntng wtth the Ctvtl War and enchng the sertes wtth Operation Iraqi
Freedom The banners arrived on Frtday, by courter servtce and were mstalled tn ttme for the Memortal
Day weekend
The students and staff of Salem Htgh School stood to be recogmzed by the Ctty Councd
Vtce Mayor Jones extended apprectatton to the unselfish dechcatton of the Salem Htgh School students
June 10, 2003
- 24 -
Item V-I.l.b.
PUBLIC HEARING
ITEM # 51289
Vtce Mayor Jones DECLARED A PUBLIC HE~4RING:
RE~IL AND PERSONAL TAX EXEMPT request:
Cerebral Palsy of Virginia, Inc.
The followtng regtstered to speak.
Kathy Pendergast, Executtve Dtrector- Cerebral Palsy of Vtrgtnta
There being no further speakers, Vtce Mayor Jones CLOSED THE PUBLIC HEARING
June 10, 2003
PERMIT APPLICATION
REVIEW SUMMARY
copies copies
OrganlzaUon
Comments
Children's Hospital of the King's Daughters (Roger Vaughan,
Manager)
601 Children's Lane
Norfolk, VA 23507
Recommend Approval
Recommend Denial
Orgamzanon
Comments
Eastern Shore Ambulance (Dennis Taylor, President)
8426 Sugarhdl Lane
Sanford, VA 23426
Recommend Approval
Recommend Denial
Orgamzanon
Comments
Lifeline Ambulance Service, Inc. (James C. Jones, Jr., President)
310 Bell Road
Chnsnansburg, VA 24073
Recommend Approval
Recommend Denial
Organization
Comments
Medical Transport (Donald Jellig, President)
5792 Arrowhead Drive, Suite 200
Virginia Beach, VA 23462
Recommend Approval
Recommend Demal
Organ~zanon
Network Medical Systems, Inc. (Norman Pool, President)
1533 Technology Drive
Chesapeake, VA 23320
Recommend Approval
Recommend Denial
Comments
PERMIT APPLICATION
REVIEW SUMMARY
Organizanon
Comments
Nightingale Regional Air Ambulance (David Bernd, President)
600 Gresham Drive
Norfolk, VA 23507
Recommend Approval
Recommend Denial
EMS Regulation &:,Enforcement
Division Chief
~E3IS '~: '
Medical D,rector
Cl~ef'of EMS -- -
Comments
Approval
Denial
FINAL DISPOSITION
City Clerk
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Children's Hospital of the K~ng's Daughters
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Ground Transport
(Inter-facility Emergency and
Non-emergency)
ADDRESS: 601 Chddren's Lane
Norfolk, VA 23507
PHONE: 668-7453
MANAGER: Roger Vaughan
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
~ES [] NO
Namc~itle
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Eastern Shore Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER:
EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ADDRESS:
P O Box 6
8426 Sugarhdl Lane
Sanford, VA 23426
PHONE: 787-824-5858
PRESIDENT:
Dennis Taylor
VICE PRESIDENT:
Margaret A Taylor
ALS Ground Transport
(Non-Emergency-Unrestricted
and Emergency-Restricted)
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
~A~ES [] NO
'
Name/Title
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Lifehne Ambulance Service, Inc.
VIRGINIA OFFICE OF EMS AGENCY NUMBER:
EXPIRES:
VIRGINIA BEACIt AGENCY CLASSIFICATION:
ALS Ground Transport
(Non-Emergency-Unrestricted
and Emergency-Restricted)
ADDRESS:
PHONE:
310 Bell Road
Christiansburg, VA 24073
540-382-1044
PRESIDENT: James C. Jones, Jr.
VICE PRESIDENT: C~.p ~)e¢?._C r~
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
~ES [] NO
Name/Title
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Medical Transport
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308
EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ADDRESS: 5792 Arrowhead Drive, State 200
V~rg~ma Beach, VA 23462
PHONE: 671-9302
ALS Ground Transport
(Non-emergency-Unrestricted)
and Emergency-Restricted)
PRESIDENT:
MANAGER:
Donald Jelhg
Russell Blow
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Co~onwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
YES [] NO
Name/Title
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
PRIVATE AMBULANCE AGENCY
PERMIT APPLICATION
In accordance with he provision of the Code of the City of Virginia Beach Chapter 10, Section
10 5-2, application is hereby made to operate an emergency medical agency or vehicle in the City
of Virginia Beach
REOUEST:
--
New Applicatton
Renewal
Other (Revision of agency, location, change of officer, etc )
TYPE OF AGENCY:
Sole Proprietor
~ Corporation
Partnership
Other- Specify
[~1 Mumc~pal
MINIMUM REQUIREMENTS:
Does your agency comply w~th mimmum requirements as set forth in the Rules and Regulations of
the Board of Health Commonwealth of Virg.~ma Govermng Emergency Medical Services 1990 as
amended?
Yes
[~ No
OFFICERS OF ORGANIZATION: (List all owners Use back if necessary)
Address /
City , ~ State d ~ Zip ~ -fl ~Phone
SSN
President
Address
City State Zip
SSN DOB ~{/J/)~)
Phone
Vice-President
Address /D2 o
SSN
State O/riO Z~p
DOB
? 3J&)Phone 75 ? 5 q 709'0 ~
Secretary
Address
City
State Zip
SSN DOB
Phone
Phone
SSN DOB
CLASSIFICATION OF SERVICES CURRENTLY AUTHORIZED BY CITY COUNCIL:
Emergency First Responder
(Class A)
El Basic Life Support
(Class B)
Advanced Life Support
(Class C)
Neonatal Transport (Class D)
El Medical Wheelchair Transport
(Class E)
Rotary Wing (Class E)
Other (New Application)
(Class F)
CLASSIFICATION OF SERVICES PROVIDED:
Emergency First Responder
13 Basic Life Support
IZl Neonatal Transport
(ALS)
El Medical Wheelchair Transport
Advanced Life Support
Other- Specify
El Rotary W~ng
(ALS)
CLASSIFICATION OF PERSONNEL:
Number of currently certified personnel employed
First Responder
Emergency Medical Technician - Ambulance
Emergency Medical Techmcian - Shock Trauma ~,,
[21 Emergency Me&cai Technician - Cardiac
[21 Emergency Medical Techmcian - Paramedic
[21 Other - Specify ~ ~ ~
/%-.
AGENCY'S STATISTIC SHEET:
Number of calls previous 12 months Date --"
TIDEWATER REGION (TEMS & PEMS)
19 '"- to
VIRGINIA BEACH
Basic Life Support
Basic L~fe Support
Advanced Life Support
Advanced Life Support
Total Number of Calls
Originating from Sentara Bayside Hospital
Total Number of Calls
Originating from Virginia Beach General Hospital
Originating from outside the City of Virginia Beach
Total Number of Calls
I hereby swear or affirm under penalty of perrmt revocation, that all of the above
statements are true to the best of my knowledge, reformation and beliefs It ~s
understood that my agency, upon approval of this permit, shall upon request, present
and/or relinquish records, files, calls sheet(s) and/or dispatchmg data Furthermore,
I agree to adhere to all policies promulgated by the city of Virginia Beach Department
of Emergency Medmal Services
Signed by
Subscribed and sworn to before me this
My Commission Expires f)~::~ ~-~// Ztg~'V
Title
day of/7]~, t,9 2 c~O~5''
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: N~ght~ngale Regional A~r Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
A~r Ambulance
(Emergenc y- Res tncted)
ADDRESS: 600 Gresham Drive
Norfolk, VA 23507
PHONE: 668-2500
PRESIDENT:
David Bernd
MANAGER:
Kathy Colantuono
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Rules and
Regulations of the Board of Health Commonwealth of Virginia Governing Emergency
Medical Services 1990 as amended?
YES [] NO
Name/Title ! O.~-~t~a't~ar~e~ Date t/ '
Item I?-K. 2.
-27-
ORDINANCES/RES OL UTIONS
ITEM # 51292
Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED:
Ordtnance to AMEND FY2003-2004 SCHOOLS' operattng budget to revise
categorical approprtattons, and, APPROPRIATE $2, 792, 632 tn State funds
and $158, O00 fund balance for stte acqutsttton
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
AN ORDINANCE AMENDING THE CITY'S FY
2003-04 OPERATING BUDGET TO REVISE
CATEGORICAL APPROPRIATIONS FOR THE
SCHOOL OPERATING FUND AND TO
APPROPRIATE $2,792,632 IN STATE
FUNDS AND $158,000 FROM FUND BALANCE
OF THE SCHOOL SITE ACQUISITION FUND
FOR EXPENDITURE BY THE SCHOOL BOARD
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
WHEREAS, the School Board has requested that the City's
Operating Budget, approved on May 13, 2003 by City Council, be
amended to revise appropriations in the categories established in
the School Operating Fund, and it has further requested the
appropriation of $2,792,632 in state funds and $158,000 of fund
balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That appropriations to the School Operating Fund in
the following categories are hereby revised in the FY 2003-04
Operating Budget as follows:
(a) appropriations to the Instruction category are
decreased by $1,271,449;
(b) appropriations to the Administration, Attendance and
Health category are increased by $266,405;
(c) appropriations to the Pupil Transportation category
are decreased by $137,585; and
(d) appropriations to the Operations and Maintenance
category are increased by $1,142,629.
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
49
5O
51
2. $2,792,632 in additional revenue is hereby
appropriated to the School Grants Fund in the FY 2003-04 Operating
Budget.
3. $158,000 of fund balance from the School Site
Acquisition Special Revenue Fund is hereby appropriated to the
School Site Acquisition Special Revenue Fund in the FY 2003-04
Operating Budget.
4. That, in the FY 2003-04 Operating budget, estimated
revenue from the state government is hereby increased by $2,792,632
and estimated revenue from the fund balance of the School Site
Acquisition Special Revenue Fund is hereby increased by $158,000.
Requires an affirmative vote by a majority of the members
of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 10th day of Jun~
CA-8898
Ordin/Noncode/Schools FY 2004.ord.wpd
R3
June 3, 2003
Approved as to Content:
~a~t~e~v~
2003.
Approved as to Legal
Sufficiency:
City Attor~'s d~ice
IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Dental D Edwards
Olslnct 1 - Centervllle
1513 Beachwew Drive
VA Beach, VA 23464
495-3551 (h) · 717-0259 (cell)
Nell L Rose
V~ce Charman
At-large
1337 Ha'ns Road
VA Beach, VA 23452
463-3823 (h) · 497-6633 (w)
Jane $. Brookl
D~tr~t 6- Beach
721 Hdll~p Road
VA Beach, VA 23454
425-1597 (h)
Emma L 'Em" Devil
D~sl~t 5 - Lynnhavee
1125 M~c, hastwood Dnve
VA Beach, VA 23452
340-8911 (h)
A. James "Jim" DeBellls
13~tr~ct 2 - Kempsv,tle
4545 ~ Jones D~ve
VA Beech, VA 23462
467-2457 (h)
Dan R. Lowe
D~slnc! 4 - 8ays,:le
4617 ~ Coat ~
VA Beach, VA 23455
490-3681 (h}
Sandra Snuth-Jonu
At-Large
705 I~ck Creek Court
VA Beach, VA 23462
490 8167 (h)
M~ch#l W Stewart
D~st.cl 3 - Rose Hail
105 Brenlv~3d Court
VA Beach, VA 23452
498-4303 (h) · 445.4637 (w)
Arthur T. Tab
At-Large
1709 Ladysn~lh Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D Weeme
At-La'ge
1420 Claudm 0~ve
VA Reach, VA ~
464-6674 (~
I. ols $ ~aam/. Ph D
D~$tnc! 7 - Pnncess Anne
2532 Las Conale$ Court
VA Beach, VA, 23456
~33-0~1 (w)
SUPERINTENDENT
Timmhy R. ~nney, Ph D
2512 George Mas~ Drwe
VA Beach, VA 23455
4274326
BUDGET RESOLUTION
WHEREAS, the mission of the Vtrgtnia Beach City Pubhc Schools, in parmership with
our entire community, is to ensure that each student ts empowered with the knowledge
and skills necessary to meet the challenges of the furore; and
WHEREAS, the School Board has adopted a comprehensive strategic plan and school
improvement priorities to guide budgetary decisions; and
WHEREAS, mandates of federal and state governments have created addtt~onal
demands; and
WHEREAS, the School Board has studied the recommended School Operating Budget
in view of state and federal reqmrements, additional demands for space and operatmns,
the strategic plan, priontms, expectations, competittve compensatmn for employees and
the best educational interests of zts students, and
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet
the Revenue Sharing Formula as adopted by City Council on May 13, 2003.
Now, therefore, be it
RESOLVED: That the Virginia Beach C~ty School Board, on the 20th day of May
2003, requests a categorical appropriation of$ 534,343,721 from the Cay Council of
Virginia Beach for the 2003-2004 School Operating Budget, as outlined by category:
Instruction
Admimstration, Attendance and Health
Pupil Transportation
Operations and Mmntenance
and be it further
$422,554,544
$19,165,766
$23,385,371
$69,238,O40
RESOLVED: That the Virginia Beach City School Board requests an appropriatton of
$88,364,525 for special grants, and other special revenue funds, for the 2003-2004 fiscal
year; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board ts directed to deliver a copy of this resolution to the
Mayor, each member of City Council, the City Manager, and the City
Adopted by the School Board this 20th day of May 213
SEAL
Attest:
Dianne P. Alexander, Clerk of the Board
Daniel D. Edwards, Chairlnant
School Adrmmstrat~on Budding · 2512 George Mason Drive · E O. Box 6038 · Virg, n,a Beach, VA 23456-0038
FY 2003/04 School Board Operating Budget
Expenditure Summary
May 20, 2003
Percent
Umt FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 of
Code DESCRIPTION Actual Actual Actual ,Budget Budget Total
50100 Elementary Classroom $102,828,925 $101,8'91,04~' ' ' $100,122,856 $104,553,378 $106,81M,789 20 01~
50200 Semor Hsgh Classroom 58,041,657 58,014,53 2 60,639,795 61,341,392 67,780,952 12 68%
50300 Techmcai and CareerEd Classroom 14,131,257 14,385,734 14,715,896 15,651,938 16,939,941 3 17~,
50400 Gdted Education & Magnet Schools 8,830,150 8,974,829 8,678,404 9,627,828 9,931,484 i 86~,
150500 Special Education 47,763,865 49,728,452 51,566,323 53,995,612 57,671,097 10 80%
~50600 Summer School 1,415,669 2,362,586 2,597,780 3,524,676 3,293,099 0 62Y
50700 General Adult Eclucataon 1,512,063 1,550,408 1,612,385 1,917,770 1,848,585 0 35~
~50800 Open Campus 646,388 896,708 1,109,787 1,686,064 !,779,647 0 33%
50900 Student Acuwt~es 2,513,686 2,772,96z8 3,329,159 4,797,603 5, i 70,298 0 97%
51000 Principal - Elementary School 13,944,057 15,598,26z8 15,918,243 16,212,970 17,011,516 3 18'/,
51100 Principal - Sensor I-hgh School 6,921,480 7,646,619 7,944,750 8,208,231 8,614,879 I 61%
!51200 Principal - Techmcai & Career Educatton 523,147 518,029 402,294 400,099 427,513 0 08*/,
51300 Gmdance Servmes 12,071,194 12,477,823 12,532,728 13,059,880 13,726,609 2 57%
51400 Social Work Services 1,546, I 15 1,606,072 ! ,733,937 1,801,577 !,905,920 0 36%
5 ! 500 Med~a & Commumcat~ons 949,613 979,870 999,036 l,104,954 1,288,765 0 24%
51600 Instructional Technology 5,777,744 6,284,367 7,045,080 7,467,346 7,763,377 I 45%
51700 Instmctmnal Support 6,537,270 7,606,028 7,982,393 10,405,485 10,597,071 ! 98~
51710 Instructional Orgam?aUenal Development 0 472,790 554,702 2,078,7 ! 7 1,853,008 0 35%
51800 Special Education Support 1,237,049 1,296,233 !,328,260 1,386,484 1,444,212 0 27%
11900 G~fled Educalaon & Magnet Schools Support 535,436 670,058 911,354 1,273,196 1,410,341 0 26%
52000 Medm Serwce Support 10,573,581 10,191,093 10,001,109 10,420,011 10,972,713 2 05%
52100 Accountability 1,098,557 1,083,804 1,336,427 !,708,948 2,001,840 0 37~
52200 Msddle School Classroom 47,41 !,082 47,066,084 48,704,806 48,712,540 52,215,988 9 77%
52300 Remedial Educahon 1,743,079 !,688,899 2,975,091 3,802,910 3,986,351 0 75%
52400 Principal - lvl~ddle School 6,848,064 7,326,392 7,084,729 7,058,404 7,517,686 I 4 ! %
52500 Homebound Set,rices 601,984 613,356 633,716 867,287 858,332 0 16%
52600 Techmcal and Career Education Support 662,884 677,828 667,864 718,261 737,117 0 14%
52700 Student Leadership 632,940 672,919 693,781 702,595 729,521 0 14%
52800 Psychoiolocal Services 2,102,672 2,252,719 2,543,886 2,475,197 2,633,991' 0 49%
52900 Aucholog~cal Services 181,827 194,153 206,753 210,373 224,125! 0 04%
53100 School Adrmmstra~on 782,894 914,040 958,144 1,045,026 1,096,854' 0 21%
53200 Alternative Education 1~970~329 2~216~883. . lt940~289 2~200,954 2,236,923! 0 42%
INSTRUCTION 362,336,654 370,631~584 ~79~471,758 400~417,706 422,554,5441 79.09%
54100 Board, Legal and Governmental Scr~nces 577,561 784,053 663,244 1,101,330 1,065,661i 0 20%
54200 Supcrmtendent 398,703 464,1 IO 522,485 634,446 720,097i 0 13%
54300 Budget and Finance 1,813,047 2,125,971 2,130,251 2,524,391 2,717,588 0 51%
54400 Human Resources 2,431,268 2,314,155 2,698,697 3,284,846 3,457,0Y~ 0 65%
54500 Internal Aucht 229,144 243,841 256,585 263,360 274,857i 0 05%
54600 Purchasmg Services 620,586 698,769 691,048 725,995 774,798 0 14%
54700 Orgarazatlonal Development 934,155 1,436,918 1,485,659 2,060,667 2,293,257 0 43%
54900 Technology 3,654,695 1,027,782 922,602 1,282,997 i,! 48,19~ 0 21%
55000 Benefits 1,260,193 i,325,029 1,639,904 1,628,921 1,826,080! 0 34%
55200 Health Services 3~492,388 4,029,376 4~257~878 4~505~464 4,888~192! 0 91%
ADMINISTRATION, ATTEND & HEALTH 18,411,740 .14,450~004 15~268,354 18,012.~417 19,165~7.661 3 57%
56100 Management 904,312 1,051,703 1,155,619 1,448,131 1,524,5581 0 29%
56200 Veincle Operataon 15,145,136 14,897,335 15,820,077 17,213,790 17,538,02(] 3 28%
56300 Velucle Maintenance !,867,461 !,938,835 2,021,945 2,074,540 2,153,16(~ 0 40%
56400 Momtormg Services !,743,638 1 ~928,579 ! ~854,682 2t043~027 2~ 169~633 0 41%
PUPIL TRANSPORTATION 19,660,547 19,816,452 20,852,324 22,779,488 23.,385~371, 4 38%
57100 Factlmes Planning and Conslructmn 588,078 527,844 537,906 547,797 597,149! 0 11%
57200 School Plant 26,124,407 27,755,081 29,122,412 30,917,730 32 201 351~ 6 04%
57300 Supply Servaces 778,207 879,226 868,022 1,020,737 1,076,547' 0 20%
57400 Grounds Serwces 2,445,941 3,035,636 3,063,532 2,971,625 2,971,625~ 0 56%
57500 Custodaal Scrwccs 16,088,372 16,700,035 18,030,013 18,872,564 19,474,407: 3 64%
57600 Env~roumental Services 291,634 287,60 ! 373,886 - 0 00%
58100 Security Services 1,378,491 2,836,063 3,619,022 3,569,995 4,087,396 0 76%
58200 Veincle Services 1,389,678 876,306 440,903 835,431 581,371 0 11%
58300 Telecommumcatlons 669,314 l,152,234 !,071,948 1,614,784 1,353,768 0 25%
58400 Technology Maintenance [ 0 3,707,437 4,871,779 6,043,135 6,894,426 I 29%
OPERATIONS AND MAINTENANCEI . 49,754,1.22 57,757~463 61,999,423 66,393,798 69,238,040 12 96%
._
TOTAL EXPENDITURES $447,163,063 $462,655,~03 $477,591,858 $507,603,,409 $534,343,721 100 00%
FY 2003/04 School Board Operating Budget
Revenue Summary
May 20, 2003
Percent
FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 of
REVENUE ACCOUNTS Actual Actual Actual Budget Budget Total
Adult Bas~c Education $201,306 $252,331 308,298 $134,408 $134,408 0 03%
Public Law 874 (Operation) 10,728,187 9,746,799 12,789,700 12,461,723 12,461,723 2 33%
Department of Defense (P L. 486) 2,325,430 - !,859,245 1,500,000 1,500,000 0 28%
Rebates and Refunds (NJROTC) I 19,708 129,663 143,679 100,000 100,000 0 02%
Other Federal Funds 326,419 330,454 315,870 175,000 175,000 0 03%
FEDERAL REVENUE 13,701,050 10,459,247 15,416,792 14,371,131 14,371,131 2.69%
Basic School Aid 134,778,814 144,954,006 143,582,574 158,046,389 163,267,032 30 55%
State Sales Tax 49,490,165 51,889,329 52,074,158 54,039,394 53,697,320 10 05%.
:~alary :~upplement 8,353,259 2,393,903 3,979,916 - 1,975,960 0 00
Foster Home Children 242,709 ! 44,530 207,738 145,345 145,345 0 03%,
General Adult Education 59,211 62,447 62,249 122,846 122,846 0 02%~
Gifted and Talented (SOQ) 1,690,541 1,758,786 1,747,280 1,750,555 1,763,857 0 33%I
Special Education (SOQ) 10,383,840 12,563,162 ! 2,521,730 13,583,249 13,726,728 2 57%~
Special Education (Homebound) 168,860 133,840 123,452 139,790 148,770 0 03%I
Special Education (Regional Tint,on 3,785,016 4,283,942 4,868,286 4,430,167 4,782,741 0 90%1
Remedial Summer School 940,844 962,109 1,206,981 1,228,823 1,244,177 0 23~
Remedial Education (SOQ) 2,006,539 2,336,168 2,201,085 2,549,923 2,567,589 0 4
Vocational Education (SOQ) 1,504,904 1,724,356 1,711,955 1,814,369 1,826,938 0 34~
Vocational Education-Categorical 236,952 303,866 144,026 335,757 190,988 0 04%
Social Security 7,954,787 8,502,703 8,449,011 8,206,135 8,281,014 I 55°A
Vlrglma Retirement System 9,387,618 8,396,405 4,169,611 4,684,789 4,802,007 0 90%
State Employee Insurance - 355,161 275,339 - - -
Other State Funds 2,388,164 2,926,613 2,971,886 1,047,247 113,082 0 02%
English as a Second Language 203,439 199,396 - 233,414 249,947 0 05%
At-Risk Initiative 1,265,248 1,393,656 1,377,599 1,087,468 1,299,234 0 24%
Class S~ze Initiative 3,925,426 3, i 15,873 2,932,845 2,783,558 2,809,061 0 53%
Maintenance Reserves 745,827 732,828 728,033 - -
SOL Teaching Materials 994,436 488,552 485,356 - - -
STATE REVENUE 240,506,599 249,621,631 245,821,110 256,229,218 263,014,636 49.23%
Local Contributions 191,157,513 208,189,338 206,096,679 234,769,396 254,754,290 47 68%
Rental of Fac~ht~es 593,645 458,189 476,631 480,000 450,000 0 08%
Summer School Tuition 551,573 624,034 596,994 637,689 637,689 0 12%
General Adult Ed Tuition 201,577 155,140 204,542 142,839 142,839 0 03%
Vocational Adult Ed Tmtion 125,877 267,947 134,085 169,750 169,750 0 03%
Non-Resident Tuition 88,681 64,237 72,152 100,000 100,000 0 02%
Driver Education Tuition 245,966 230,750 173,750 240,000 240,000 0 04%
LPN Tuition 27,617 24,990 17,320 25,575 25,575 0 00%
Open Campus Tmtlon 21,860 17,694 23,866 20,811 20,811 0 00%
Sale of School Vehicles 51,222 35,665 12,647 5,000 5,000 0 00%
Sale of Salvage Eqmpment 13,051 ! 2,570 8,181 2,000 2,000 0 00%
Insurance Adjustments 63,118 37,787 104,476 -
Other Funds 112,838 11,459 l I 1,070 95,000 95,000 0 02%
Flexible Benefits Forfeitures 36,671 - - 15,000 15,000 0 00%1
Indirect Costs of Grants 220,274 329,665 411,934 300,000 300,000 0 06%1
LOCAL REVENUE 193,511,483 210,459,465 208,444,327 237,003,060 256,957,954 48.08%'
TOTAL REVENUE $447,719,132 $470,540,343 469,682,229 $507,603,409 $534,343,721 100.00%
~ ..
Item V-K.3.
- 28-
ORDINANCES/RES OL UTIONS
ITEM # 51293
Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $13 7, 540 tn Federal funds from
the State Department of Soctal Servtces to the FY2003-2004 operattng budget
of Vtrgtnta Beach Social Services re the food stamp employment and training
program
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $137,540 IN FEDERAL
FUNDS FROM THE STATE DEPARTMENT OF
SOCIAL SERVICES TO THE FY 2003-04
OPERATING BUDGET OF THE DEPARTMENT
OF SOCIAL SERVICES FOR THE
OPERATION OF THE FOOD STAMP
EMPLOYMENT AND TRAINING PROGRAM.
11
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, Virginia-
13
1. That $137,540 of federal funds is hereby accepted and
14
appropriated from the State Department of Social
15
Services to the FY 2003-04 Operating Budget of the
16
Department of Social Services to administer the Food
17
Stamp Employment and Training Program, with federal
18
revenue increased accordingly.
19
2. That three full-time equivalent positions are hereby
2O
established in the FY 2003-04 Operating Budget of the
21
Department of Social Services.
22
Adopted by the Council of the City of Virginia Beach,
23 Virginia on the 10th day of June , 2003.
24
25 CA-8888
26 Word/Noncode/Food Stamp.ord
27 RI
28 May 29, 2003
29
30 Approved as to Content
31
32
33
34
35
36
Approved as to Legal
Sufficiency
Law Department
5--2_3--03, 3
·
DATE. May 1, 2003
TO Directors ofFSET Agencies
, 757 437
¢ 2/ 3
lql¥ 3 0?003
cifi ~rrOR~g:f
FROM Duke Storen, Director, Division of Benefit Programs
SUBJECT: FSET Program
The Department has made a decision on which agencies will continue to operate FSET.
We based our decision on feedback provided at and subsequent to the FSET meeting on
April 24 and discussion with USDA.
Seventeen (17) local agencies opted to not operate FSET for fiscal year 2004. Twenty-
four (24) agenmes wanted to continue. The Department will be able to fund these 24
agencies at the allocation they received for fiscal year 2003. These agencies represent a
m~xture of s~ze and geographic coverage and include the nine largest agencies In the
State. The agencies that wall continue to operate FSET effective June 1, 2003 are as
follows'
Alexandria
Arlington
Bristol
Brunswick
Chesapeake
Danville
Fairfax
Hampton
Henry/Martinswlle
Kang and Queen
Newport News
Norfolk
Pittsylvania
Portsmouth
Prince Wdham
Richmond City
Roanoke City
Roanoke County
Rockbridge Area
Smyth
Surry
Tazewell
Virginia Beach
Wythe
The agencies that will no longer operate FSET are'
Accomack Pulask~
Campbell Radford
Charlottesville Russ ell
Chesterfield Scott
Halifax S taunton/Augusta
Hennco Suffolk
Lynchburg Washington
Montgomery Waynesboro
Petersburg
For the agencies who will continue to operate FSET, there w~ll be no changes to current
FSET policy However, the FSET Statistical Report wall be revised to delete the section
5-23--03, 3 25PI'4,VB SOCIAL SF_FRVIrSF_S
, 7b / 4 37 :~466 ~ 3/ 3
regarding offered and filled slots for Able Bodied Adults Without Dependents
(ABAWDs) and to add some clarifying information to the ~nstmctlons for completion of
the report.
For the local agencies who opted out of FSET, "close-out" procedures will be sent to you
on Monday or Tuesday. Generally, these agencies will only be responsible for
determining the work registration and work requirement statuses of individuals applying
for Food Stamps and accurately entenng this ~nformatlon ~nto ADAPT However, we
strongly encourage local agenmes to continue to work with their ABAWDs, primarily
those in non-waived agenmes, by providing information on how these ~nd~viduals can
meet their work requirement through employment and volunteering.
We appreciate all the feedback we received from local agencies in a relatively short
period of time We believe we will be able to operate a viable FSET Program
If you have any questions, please contact me at (804) 692-1702 or
sds900@emaill .dss state.va.us or Pat Keamey at (804) 692-1712 or
pdd2~emml l.dss state va us
Regional Directors
Regional Food Stamp Program Consultants
Pat Keamey
Joyce Davis
Sandy Smith
- 29-
Item V-K. 4. a/b
ORDINANCES/RES OL UTIONS
ITEM # 51294
Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED:
Ordinances to AUTHORIZE TAXEXEMPTIONS on local real and personal
property for charitable purposes
a HEART HA VENS, INC
b CEREBRAL PALSY of VIRGINIA, INC
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
AN ORDINANCE TO DESIGNATE HEART
HAVENS, INC., AS BEING EXEMPT FROM
LOCAL REAL AND PERSONAL PROPERTY
TAXATION
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, in accordance with ~ 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and conducted a public hearing on the issue of granting an
exemption from local property taxes to Heart Havens, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach,
Virginia, hereby designates Heart Havens, Inc., as a charitable
organization within the context of ~ 6(a) (6) of Article X of the
Constitution of Virginia.
2. That personal property owned by Heart Havens, Inc.,
located within the City of Virginia Beach, and its real property
located at 1609 MacLeigh Court, that is used exclusively for
charitable purposes on a nonprofit basis is hereby exempt from
local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Heart Havens,
Inc., for exclusively charitable purposes;
(b) that each July 1, Heart Havens, Inc., shall file
with the Commissioner of the Revenue a copy of its
most recent federal income tax return, or, if no
such return is required, it shall certify its
27
28
29
30
31
32
33
34
35
36
continuing tax exempt status to the Conumlssloner of
the Revenue; and
(c) that every three years, beginning on July 1, 2006,
Heart Havens, Inc., shall file with the
Commissioner of the Revenue an applzcat~on for
continuation of the exemptzon.
4. That the effectzve date of this exemption shall be
January 1, 2003.
Adopted by the Council of the City of Virginia Beach,
V~rginza, on the 10th day of June , 2003.
CA-8891
ORDINkNONCODE\Heart Havens.ord.wpd
R-2
June 2, 2003
APPROVED AS TO LEGAL
SUFFICIENCY'
AN ORDINANCE TO DESIGNATE CEREBRAL
PALSY OF VIRGINIA AS BEING EXEMPT
FROM LOCAL REAL AND PERSONAL
PROPERTY TAXATION
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, in accordance with ~ 58.1-3651 of the Code of
Virginia, the Council of the City of Virginia Beach has advertised
and conducted a public hearing on the issue of granting an
exemption from local property taxes to Cerebral Palsy of Virginia.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach,
Virginia, hereby designates Cerebral Palsy of Virginia as a
charitable organization within the context of ~ 6(a) (6) of Article
X of the Constitution of Virginia.
2. That personal property owned by Cerebral Palsy of
Virginia located within the City of Virginia Beach, and its real
property located at 5825 Arrowhead Drive, that is used exclusively
for charitable purposes on a nonprofit basis is hereby exempt from
local property taxation.
3. This exemption is contingent on the following:
(a) continued use of the property by Cerebral Palsy of
Virginia for exclusively charitable purposes;
(b) that each July 1, Cerebral Palsy of Virginia shall
file with the Commissioner of the Revenue a copy of
its most recent federal income tax return, or, if
no such return is required, it shall certify its
27
28
29
3O
31
32
33
34
35
36
contznulng tax exempt status to the Commissioner of
the Revenue; and
(c) that every three years, beginning on July 1, 2006,
Cerebral Palsy of Virginia shall file wzth the
Commissioner of the Revenue an application for
continuation of the exemption.
4. That the effectzve date of th~s exemptzon shall be
January 1, 2003.
Adopted by the Council of the C~ty of Virginia Beach,
Virginia, on the 10th day of June , 2003.
CA-8890
ORDIN\NONCODEkcerebralpalsytaxexord.wpd
R-5
June 2, 2003
APPROVED AS TO LEGAL
SUFFICIENCY-
epartme~ '~ '~L~ ~
- 30-
Item V-K.$.
ORDINANCES/RES OL UTIONS
ITEM # 51295
Attorney R J Nutter, 222 Central Park Avenue, Phone 687-7502, represented the apphcant, Ocean
Beach Club Thts apphcatton represents a stzeable tnvestment and commttment as the properttes
are planned to be renovated on whtch the porte cochere wtll be connected Thts entads a waterfall,
landscaptng and covered walkways Mr Nutter advtsed the landscaptng around the waterfall feature tn
the greenbelt area wdl comply wtth the Ctty's greenbelt landscaptng pohcy (now tn the process of
developmenO Mr Nutter concurred wtth the insurance coverage betng ratsed to $1 5-MILLION
Bruce Thompson, Prestdent BQTS, Inc , Managtng Member - Ocean Beach Club, 932 Lasktn Road
Phone 491-3000, advtsed coordtnattng wtth staff and worktng tndependently to acqutre a stgntficant
portton of property located at 33-~ Street all the way through 35th Street, as well as almost an enttre
ctty block across the street from these properttes to support the Ocean Beach Club project These properttes
have been acqutred over a pertod of five (5) years and destgned for a mtxed-use development, whtch wall
tnvolve approxtmately a MOO-MILLION tnvestment upon completton Development wdl be tn four (4)
phases Two more phases wdl be brought to Ctty Councd tn the future pedestrtan brtdge connecttng the
hotel to the Conference Center and rezomng of the west stde of Atlanttc Avenue for retad and conference
space
Upon motion by Councdman Maddox, seconded by Councdman Vdlanueva, Cay Councd ADOPTED:
Ordtnance to AUTHORIZE a temporary encroachment tnto a portton of the
rtght-of-way at Atlanttc Ocean and 34'h Street by OCEAN BEACH CLUB,
LLC re waterfall landscaptng, covered walkways and porte cochere
The followtng condtttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance with the laws of the Commonwealth of
Vtrgtnta and the City of Vtrgtma Beach and tn accordance with
the Ctty's spectficattons and approval
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn one hundred etghty (180) days
after such nottce ts gtven, the temporary encroachment must be
removed from the encroachment area by the apphcant and the
apphcant wdl bear all costs and expenses of such removal
Provtded however, nothtng heretn shall prohtbtt the Ctty from
tmmedtately removtng or ordertng the grantee to remove, all or
any part of the encroachment tn the event of an emergency or
pubhc necessity
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and against all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
.June 10, 2003
- 31 -
Item V-K.$.
ORDINANCES/RESOLUTIONS ITEM # 51295 (Continued)
The apphcant agrees to submtt and have approved a traffic
control plan before commenctng work tn the encroachment area
The apphcant must obtatn a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
Prtor to tssuance of a right-of-way permtt, the apphcant must
post surettes tn accordance with the project engtneer's cost
esttmate, to the Office of Development Servtces Center/Planntng
Department
The apphcant shah 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 polictes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehensive general habdtty
tnsurance tn an amount not less than One and One-half Mtlhon
Dollars ($1 5 MtHton), combtned stngle hmtts of such tnsurance
pohcy or pohctes. The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of, or matertal change to, any
of the msurance pohctes. The apphcant assumes all
responstbihttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
The Ctty, upon revocatton of such authority and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, pendtng such removal, the Ctty may charge
the apphcant for the use of suchportton of the City's rtght-of-way
encroached upon the eqmvalent of what would be the real
property tax upon the land so occupied t. f tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
spectfied by the City, the Ctty shall tmpose a penalty tn the sum
of One Hundred Dollars ($100 00) per day for each and every
day that such temporary encroachment is allowed to conttnue
thereafter, and, shall collect such compensatton and penalttes tn
any manner provided by law for the collectton of local or state
taxes
The apphcant verbally agreed to landscaptng as chscussed June
10, 2003
June 10, 2003
- 32 -
Item V-K. 5.
ORDINANCES/RESOLUTIONS ITEM # 51295 (Continued)
Vottng 9-1
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson
and James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
2
4
5
6
7
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Requested by Department of Publzc Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY AT ATLANTIC AVENUE AND
34TM STREET BY OCEAN BEACH CLUB, LLC,
ITS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Ocean Beach Club, L.L.C., desKres to maKnta~n a
waterfall, landscapzng, covered walkways, and porte cochere Knto the
City's rzght-of-way located at Atlantic Avenue and 34th Street.
WHEREAS, CKty CouncK1 Ks authormzed pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Vmrgmnia, 1950, as amended, to authormze
a temporary encroachments upon the Cmty's right-of-way subject to
such terms and condmtKons as CouncK1 may prescrKbe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authorKty and to the extent thereof
contained mn §§ 15.2-2009 and 15.2-2107, Code of VKrgmnma, 1950, as
amended Ocean Beach Club, L.L.C. its heKrs, assigns and successors Kn
title Ks authormzed to mamntaKn a temporary encroachment for a
waterfall, landscapmng, covered walkways and porte cochere in the
Cmty's right-of-way as shown on the map entmtled- "OCEAN BEACH CLUB
FOR GOLD KEY RESORTS", a copy of whzch zs attached hereto as Exhzbmt
"A" and a copy of whmch ms on fzle Kn the Department of Publmc Works
and to whmch reference ms made for a more partKcular descrKptKon; and
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly sub3ect to those terms, conditions and criteria
contained in the Agreement between the City of Vmrgmn~a Beach and
Ocean Beach Club, L.L.C., (the "Agreement") which ~s attached hereto
and ~ncorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or h~s
authormzed deszgnee zs hereby authorzzed to execute the Agreement.
BE IT FURTHER ORDAINED, that th~s Ordznance shall not be
· n effect untml such tzme as Bruce L. Thompson, Managmng Member of
Ocean Beach Club, L.L.C., Robert M. Howard, Assistant Secretary /
Vmce Presmdent of Beach Motel Corporation of Vmrgln~a Beach, and the
C~ty Manager or h~s authorized designee execute the Agreement.
Adopted by the Council of the C~ty of V~rg~n~a Beach,
Virginia, on the 10 day of June , 2003.
40
41
42
43
CA-#
gsalmons/ocean beach club/ord.
R-1
PREPARED: 06.03.03
AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEC4%L
PROPOSED
OCEAN BEACH
CLUB
PHASE I
33RD"
ATLANTIC
LOCATION MAP
_~-~- SHOWING ,~---
ENCROACHMENT REQUESTED
OCEAN BEACH CLUB, LLC
INTOCITY RIGHT-OF-WAY
34th STREET,
AVENUE, AND OCEAN
SCALE: 1" = 200'
BY
AVENUE
BEACH CLUB 34 DGN M JS PREPARED BY P/W ENG CADD DEPT MAY 9,2003
- 33 -
Item V-L.
PLANNING
ITEM # 51296
1. DA YSPRING 0 UTREA CH MINISTRY
CONDITIONAL USE PERMIT
2. REED ENTERPRISES, INC.
CONDITIONAL USE PERMIT
3. JOHN SWEENEY
CONDITIONAL USE PERMIT
4. VOICESTREAM GSM II, L.L.C.
VOICE STREAM WIRELESS
MODIFICATION OF PROFFERS
Nos. 1, 2, 4 and REVISE Proffer No. 3
Dail CZO
(Approve& 2/9/81)
CONDITIONAL USE PERMIT
5. GENERAL EDISON, L.L. C.
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
6. CITY OF VIRGINIA BEACH
AMEND CZO re building height
regulations in Agricultural and
certain Residential Zoning Districts
June 10, 2003
Item V-L.
- 34-
PLANNING
ITEM # 51297
Upon motton by Councdman Maddox, seconded by Counctlman Reeve, Ctty Counctl APPROVED IN ONE
MOTION Items I, 2 and 5 of the PLANNING BY CONSENT AGENDA.
Voting 10-0 (By Consent)
Counctl Members Votmg Aye
Harry E D~ezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $
McClanan, R~chard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Council Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
Item V-L. 1.
- 35-
PLANNING
ITEM ii 51298
Upon morton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of DA YSPRING OUTREACH MINISTRYfor a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF DAYSPRING OUTREACH
MINISTRY FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R06033I 102
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of daysprtng outreach mtmstry for a Condtttonal
Use Permtt for a church on property located at 3460, 3462 and 3464 Holland
Road (GPIN 1486737186) DISTRICT 3 - ROSE HALL
The following conchttons shall be requtred
1 The umt shall be used for Bible study and fellowshtp only durtng the
eventngs on Tuesday and Thursday nights from 7. OOp. m to 10 OOp m and
for Sunday mornmg servtces between 9 30 a m and 12 30p m
2 The apphcant shah obtatn all the necessary permtts, tnspecttons, and
approvals from the Ftre Department and the Permtts and Inspecttons
Dtvtston of the Planntng Department before occupancy of the butldtng A
Certtficate of Occupancy for the use shall be obtamed from the Permtts and
Inspections Division of the Planning Department
3 The use shall be admtntstrattvely revtewed on an annual basts
Thts Ordtnance shah be effecttve tn accordance wtth Sectton 107 (j) of the Zomng Ordtnance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Tenth of June, Two Thousand Three
Votmg 10-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E. Oberndorf
June 10, 2003
Item V-L.Z
- 36-
PLANNING
ITEM # 51299
Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of REED ENTERPRISES, INC for a Conchttonal Use Permtt
ORDINANCE UPON APPLICA TION OF REED ENTERPRISES, INC FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION
R060331103
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Reed Enterprises, Inc for a Conchttonal Use
Permtt for an automobtle servtce statton tn conjunctton wtth a car wash and
conventence store on property located at 985 Chtmney Htll Shopping Center
(GPIN 1486449760) DISTRICT 3 - ROSE HALL
The followtng conchttons shall be requtred
The extsttng two entrances on Holland Road must be removed
and replaced wtth a stngle entrance and a right turn lane The
entrance and turn lane configuration and dimenstons must
conform to Pubhc Works Spec~cattons and Standards
The stte shall be developed tn substanttal conformance wtth the
submitted site plan titled "Layout and Landscape Plan of Gas
Sales and Convemence Store Addttton ", dated February 26,
2003, andprepared by Land Destgn and Development Satdplan
has been exhtbtted to Ctty Council and ts on file tn the Ctty of
Vtrgtnta Beach Planntng Department
In order to construct the car wash tn the locatton shown, the
apphcant shall seek a vartance to setback requtrements If the
vartance ts not granted, thts Condtttonal Use Permtt shall be
amended to show the car wash butldtng tn a suttable locatton
that meets all required setbacks
The butldtngs shall be constructed tn substanttal conformance
wtth the elevatton tttled "Reed Enterprtses Conventence Store ~
Holland Road and Chtmney Htll Parkway (Sheets A-1 and A-2) "
and dated 3/13/03 Satd elevatton has been exhtbtted to Ctty
Counctl and ts on file tn the Ctty of Vtrgtnta Beach Planntng
Department
The new canopy shall be constructed tn substanttal conformance
wtth the elevation, titled "Reed Enterprtses Convenience Store
~ Holland Road and Chtmney Htll Parkway Gas Canopy (Sheet
A-3)" dated 3/13/03
June 10, 2003
Item V-L.2.
-37-
PLANNING
ITEM # 51299 (Continued)
Stgnage for the stte shall be hmtted to
a Traffic control signs,
b Strtptng on the canopy shall be hmtted to ten (lO)feet on each
stde of the canopy or one-quarter of the length of each stde
&gnage on the canopy shall not be tnternally or externally
tllumtnated
c No stgnage in excess of a total offour (4) square feet of the enttre
glass area of the extertor wall shall be permttted There shall be
no other stgns, neon stgns or neon accents installed on any wall
area of the extertor of the butldtng, wtndows and/or doors,
canopy, hght poles, or any other portton of the stte
No outdoor vending machtnes and/or &splay of merchandtse
shall be allowed
An on-sttepedestrtan walkway at least five (5)feet tn wtdth shall
be provtded from the stdewalk on Chtmney Htll Parkway to the
convemence store
Btcycle racks shall be provtded near the entrance of the store
Thts Or&nance shah be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Or&nance
Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Tenth of June, Two Thousand Three
Voting 10-0 (By Consen0
Council Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Richard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A
Villanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
Item V-L. 3.
- 38-
PLANNING
ITEM # 51300
Upon motton by Counctlman Reeve, seconded by Councdman Wood, Ctty Councd DENIED an Or&nance
upon apphcatton of JOHN SWEENEY for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF JOHN SWEENEY FOR A
CONDITIONAL USE PERMIT FOR FIREWOOD PREPARATION
Ordinance upon Apphcat~on of John Sweeneyfor a Con&t~onal Use Permit_for
firewood preparatwn on property located at 2332 London BrMge Road (GPIN
2405824128) DISTRICT 7 - PRINCESS ANNE
Vottng 10-0
Counctl Members Vottng Aye
Harry E. D~ezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vdlanueva, Rosemary Wdson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
Item V-£.4.
- 39-
PLANNING
ITEM # 51301
Th followtng regtstered tn SUPPORT:
Attorney Steve Romtne, 3052 Lynndale Road, Phone 441-8921, represented the apphcant
accompanted by Ttm Ftnchan, Director of Engtneertng and Operattons T-Mobtle, and dtstrtbuted
a package oftnformatton contatntng stte plan, hst of the stgntficant commumty meettngs (over 25 tn
the last 18 months), and tnformatton relattve hghtmng strtktng the cellular towers)
Btll Gambrell, Planntng Consultant, 205 23rd Street, Phone 422-0732
Rebecca Wood, 3 778 Prtnce Andrew
Don Redmond, 331 Fer&nand Ctrcle, Phone 497-6705
John Ptscttelh, 3208 Htghborough Lane, Phone 463-2619
Tom Redmond, 908 Ktngslandtng Ctrcle, Phone 486-2184
Wtlham Barley, 4841 Rosecrofi, Phone 495-0637
Dr Rtck Klobuchar, 758 Suffolk Lane, Phone 463-4885
Marvtn Crtsp, 3643 Sea Breeze Ctrcle, Phone 463-4959
Davtd Throckmorton, 3120 Btshopsgate Court, Phone 340-0259
Dale Ftnoccht, 100 Westgate Parkway, (804) 936-4640, represented Sun Corn
Gtna Rose, 1337 Harrts Road, Phone 463-3823
Jeff Black 93 7 Upper Hasttngs Way, Phone 486-4460
Kevtn B Rack, 917 Beatley Heath Common, Phone 463-1302
Btll Stewart, 832 Btshopsgate Lane, Phone 486-1027
Peggy Wttte, 1264 Hebden Cover, Phone, 340-3404
Jan Alexander, 1269 Southfield Place
Dr Charles Alexander, 1269 Southfield Place
George Ftscher, 1261 Hebden Cover, Phone 340-3717
Lockett Garnett, 3505 Ktngs Lake Drtve, Phone 463-2408
Charles I Boggs, 742 Suffolk Lane, Phone 463-1211
Btll Gtll, 1008 Downshtre Chase, Phone 631-6185
Dave Cooper, 3209 Ntne Elms, Phone 581-3996
E Thompson Wttte, 1264 tlebden Cove, Phone 340-3404
W Kevtn Stewart, 725 Ktngston Drtve, Phone 340-8030
Scott DuBuke, 528 Woodglen Drtve, Phone. 410-1820
Nanette L Albano, 12 76 Southfield Place, Phone 463- 7498
Page Bishop, 3908 Regal Court, Phone 340-0493
John Andrews, 909 Prtnce Phtlhp Drtve, Phone 463-6278
Dan Mayo, 3701 Ftlmore Road, Phone 431-0877
Davtd Tsaloff, 1257 Tweedbroom Road, Phone 340-9791
Vtckkt Camp, 708 Dowmng Lane
Brtan J Mtller, 816 Prtnce Charles Court, Phone 463-4292
Dtane Osborne Yates, 3268 Stapleford Chase, Phone 486-0246
Cathertne Faulkner, 533 7 &r Barton Drtve, Phone 546-3685
June 10, 2003
Item V-L. 4.
- 40 -
PLANNING
ITEM # 51301 (Continued)
The followtng regtstered tn OPPOSITION:
Attorney Marttn Thomas, Decker, Cardon, Thomas, Wetntraub and Neskts, 813 Beldover Court,
Phone 340- 7111, represented the Btshopsgate Ctvtc League and chstrtbuted tnformatton (contatntng
photographs of hghtentng strtkmg a cell tower tn Chesapeake)
Marcte Schwegler, 1005 Stacywood Court, Phone 340-4580
Al Wallace, 46501 Chtppendale Court, Phone 306-3584
Ben Krause, 1436 Ftve HtH Trail, Phone 490-5614
Kerry Caramams, 3125 Beldover Lane, Phone 486-6782
Susan Handforth, 869 Btshopsgate Lane, Phone 431-8018
Stephen C Young, 788 Btshopsgate Lane, Phone 463-3763
Tom Mtnnts, 861 Btshopsgate Lane, Phone 498- 7717
Jack McNetll, 1018 Staceywood Court, Phone 463-5305
Dr Charles W Pruttt, 3113 Beldover Lane, Phone 363-3265, Emergency Spectahst and Phystctan -
Kings Daughter's Hospital
John S Walker, 4302 Sugarleaf Court, Phone 270-6911
Charles Krummell, 3100 Audley Way, Phone 486-5459
Blatr Dunlap, 3109 Celbrtdge Court, Phone 431-1937
Dwtght Handforth, 869 Btshopsgate Lane, Phone 431-8018
Steve Fuschettt, 873 Btshopsgate Lane, Phone 498-0705
Ruth Kral, 3104 Btshopsgate Court, Phone 463-7621
Glen Jones, 819 Btshopsgate Lane, Phone 486-3510
Nancy Naylor, 3121 Beldover Lane, Phone 463- 7302
Jtm Jackson, 3109 Beldover Lane, Phone 463-0025
Jtm Naylor, 3121 Beldover Lane, Phone 463-3702
Upon motton by Counctlman Maddox, seconded by Councdman Schmtdt, City Counctl, tn behalf of
VOICESTREAM GSM II, L.L.C., MODIFIED, Proffers Nos 1, 2, 4 and REVISED Proffer No 3 re a
Change of Zomng tn the apphcatton of Hubert L Dad and Mona H Datl from R-3 Restdenttal Dtstrtct to
0-1 Office Dtstrtct (approved by Ctty Counctl on February 9, 1981) and APPROVED VOICE STREAM
WIRELESS for a Condtttonal Use Permtt:
Ordtnance upon Apphcatton of VotceStream GSM II, L L C for modtficatton
of proffers attached to a rezomng for Hubert L Dad and Mona H Dad
approved by City Counctl on February 9, 198I Property ts located on the east
stde of Ltttle Neck Road, 130feet more or less north of Poplar Bend (GPIN #
1488-92-4743) Satd parcel ts located at 864 Little Neck Road and contatns
5 319 acres DISTRICT 5 - L YNNHA VEN
The followtng conchtton shah be requtred
Agreement encompasstng AMENDEDproffers shall be recorded
wtth the Ctrcutt Court and ts hereby made a part of the
proceedings
June 10, 2003
Item V-L. 4.
- 41 -
PLANNING
ITEM # 51301 (Continued)
AND,
ORDINANCE UPON APPLICATION OF VOICE STREAM WIRELESS FOR
A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION
FA CILITY/COMMUNICA TION TO WER R 060331104
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Votce Stream Wtreless for a Con&ttonal Use
Permtt for a wtreless communtcatton facthty/communtcatton tower on property
located on the east stde of Ltttle Neck Road, 130feet more or less north of
Poplar Bend (GPIN it 1488-92-4 743) Satdparcel ts located at 864 Ltttle Neck
Road and contatns 5 319 acres DISTRICT5 - LYNNHA VEN
The followtng condtttons shall be reqmred
The project shall be developed as tndtcated on the submttted stte
plan entttled "Votcestream Wtreless@ Ltttle Neck Racquet Club
VA 10363-A, "prepared by Lewts Whtte and Assoctates and dated
12/04/02 and Sheet 1 revtstons dated 5/27/03, along wtth the
assoctated plans and drawtngs submttted wtth the Condtttonal
Use Permtt apphcatton These plans have been exhtbtted to Ctty
Counctl and are on file tn the Planmng Department
The overall hetght of theproposed towers and antennae shall not
exceed one hundred twelve (112) feet
The second tower shall not be constructed unless and until there
are two carrters estabhshed on the first tower
The detatled stte plan submttted to the Development Servtces
Center for revtew and approval for the commumcatton tower(s)
shall be approved tmttally for only one tower and shall provtde
parktng at a ratto of 1 100for the pool and clubhouse plus two
(2) spaces per tennts court An amended stte plan for the second
tower shall be submttted only tf both antenna spaces on the
tntttal tower are betng used
The detatled stte plan submttted to the Development Servtces
Center for revtew and approval for the communtcatton tower(s)
shall contam a certtficatton by a hcensed professtonal land
surveyor that a fieM survey has been performed to vertfy that the
setback of the tower of 200 feet from all extsttng restdenttal
structures has been met
June 10, 2003
Item V-L. 4.
- 42 -
PLANNING
ITEM # 51301 (Continued)
10
The extsttng stand of trees located tn the southern portton of the
stte and noted on the stte plan as "extsttng trees to rematn" shall
not be dtsturbed and shall be preserved as long as one or both of
the towers rematn standtng
The proposed commumcatton antennae must be mounted "inside
hght pole" as deptcted on the submttted plans
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Commumcattons and Information Technology
(COMIT), a radto frequency emtsstons study (RF Study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgmta, showtng that the tntended user(s)
wtll not tnterfere wtth any City of Vtrgtnta Beach emergency
communtcattons facthttes, shall be provtded prtor to stte plan
approval for the tower and all subsequent users
In the event interference wtth any Ctty emergency
commumcattons facdtty arises from the users of this tower, the
user(s) shall take all measures reasonably necessary to correct
and ehmtnate the tnterference If the tnterference cannot be
ehmtnated wtthtn a reasonable ttme, the user shall tmmechately
cease operatton to the extent necessary to stop the tnterference
ShouM the antennae cease to be used for a pertod of more than
one (1) year, the apphcant shall remove the antennae, thetr
supporttng towers and related eqmpment
These Ordinances shall be effective tn accordance with Section 107 09 of the Zomng Orchnance
Adopted by the Counctl of the Ctty of Virgtnia Beach, Vtrgtnta, on the Tenth of June, Two Thousand Three
June 10, 2003
- 43 -
Item V-L. 4.
PLANNING
ITEM # 51301 (Continued)
Vottng 8-I
Counctl Members Vottng Aye
Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A
Maddox, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva and Rosemary Wtlson
Council Members Vottng Nay
Reba S McClanan
Counctl Members Abstatntng
James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
Councilman WoodABSTAINED as he ts currently an active member of Little Neck Swtm and Racquet Club,
Inc, and served as Vtce Prestdent from 2000 to 2002 and the Board of Dtrectors from ]999 to 2002
Counctlman Wood, tn hts capactty as a Board Member, negottated the lease between Votcestream and Ltttle
Neck Swtm and Racquet Club, Inc Councdman Wood's letter of June 1 O, 2003, ts hereby made a part of the
record
City of Virginia Beach
JAMES L WOOD
COUNCILMAN - DISTRICT 5 - LYNNHAVEN
PHONE (757) 340-8411
FAX (757) 340-2082
June 10, 2003
Mrs. Ruth Hodges Smith, MMC
City Clerk, City of Virginia Beach
2401 Courthouse Drive
Virginia Beach, Virginia 23456
RE' Abstention
Dear Mrs. Smith:
Allow me to make the following statement for the record related to items
L-4 (a & b), 864 Little Neck Road, on the Planning portion of the agenda:
1. I am a member of Little Neck Swim & Racquet Club, Inc.
2. From 1999 to 2002 I served on the Board of Directors of Little
Neck Swim & Racquet Club, Inc. and from 2000 to 2002 I served
as Vice President of Little Neck Swim & Racquet Club, Inc.
3. In my capacity as a board member, I negotiated the lease between
Voicestream and Little Neck Swim & Racquet Club, Inc.
In order to avoid the appearance of impropriety, I will abstain from voting
on this issue.
m/Wood
ej/nber, Virginia Beach City Council
rhnhaven District
3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452
NO. P S IEt
City of Virginia Reach
IAITER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5646
DATE: April 10, 2003
TO:
FROM:
Leslie L. Lilley
B. Kay Wilsofi~~
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application
Little Neck Swim and Racquet Club, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 22, 2003. I have reviewed the subject proffer agreement, dated
December 12, 2002, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
Prepared by.
Stephen R Romine, Esquire
LeClmr Ryan
999 Waterside Drive, Suite 515
Norfolk, VA 23510
AMENDMENT TO,, CONDITIONS
THIS AGREEMENT, made this 12th day of December, 2002, by and between LITTLE NECK
SWIM AND RACQUET CLUB, INC., a nondiscriminatory community membership
organization, Property Owner, GRANTOR; and CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, GRANTEE, party of the second part.
WITNESSETH:
WHEREAS, Property Owner is the owner of a certain parcel of property located in the
Lynnhaven Borough of the City of Virginia Beach, containing approximately 5.319 acres and
described in Exhibit "A" attached hereto and incorporated herein by this reference, such property
hereinafter referred to as the "Property"; and
WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the
Zoning Map of the City of Virginia Beach, by petition addressed to GRANTEE so as to modify
conditions to the Zoning Classification of the Property; and
WHEREAS, GRANTOR has requested GRANTEE to permit this modification of the
previously proffered Covenants and Conditions dated February 9, 1981, recorded in Deed Book
2090, at Page 728, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (the
"Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and
WHEREAS, GRANTEE's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
GPIN 1488-924743
WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the proposed modification of conditions to the zoning, certain reasonable
conditions governing the use of the Property for the protection of the community that are not
generally applicable to land similarly zoned are needed to resolve the situation to which the
application gives rise; and
WHEREAS, GRANTOR has voluntarily proffered, in writing, in advance of and prior to
the public hearing before GRANTEE, as part of the proposed modifications to the existing
zoning conditions with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted, which conditions have a
reasonable relation to the proposed modifications and the need for which is generated by the
proposed modifications.
NOW, THEREFORE, GRANTOR, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement by or
exaction from GRANTEE or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants nmning with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through GRANTOR, its successor,
personal representatives, assigns, grantees, and other successors in interest or title;
1. "PROFFER 1" is deleted.
2. "PROFFER 2" is deleted.
3. "PROFFER 3" is amended to read: The Property shall not be used for any use
allowed in the 0-2 Office District (formerly designated as 0-1 Office District prior to ordinance
change by Grantee) except that the Property may be used and developed for (i) use as a private
club for civic, social, cultural, recreational and like activities operated for the benefit of its
members and not open to the general public pursuant to that certain Conditional Use Permit
granted pursuant to application number 3833, but expressly subject to the conditions and
restrictions stated therein and herein, and (ii) the installation and utilization of poles with
telecommunications antennas, related equipment and devices and support structures and
facilities. The Private Club may include a gymnasium, structures and related facilities for tennis,
racquet ball, swimming, and similar recreational activities.
4. "PROFFER 4" is deleted.
5. All of the terms, covenants and conditions set forth in "Covenants and
Conditions" dated February 9, 1981, and recorded in the Clerk's Office in Deed Book 2090, at
Page 728, save and except, Proffer 1, Proffer 2, Proffer 3, and Proffer 4, as specifically amended
and modified herein, shall remain in force and effect, running with the Property and binding
upon the Property and upon all parties and persons claiming under, by or through GRANTOR,
his heirs, personal representatives, assigns, tenants, and other successors in interest or title.
GRANTOR further covenants and agrees that:
Any references hereinabove to the 0-2 Office District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Councd, which are by this reference incorporated herein.
The above conditions, having been proffered by GRANTOR and allowed and accepted
by GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation
of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
instrument is consented to by GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing
before GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Such ordinance or resolution shall be recorded along with
such instrument as conclusive evidence of such consent, and if not so recorded, such instrument
shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, GRANTOR shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office,
and indexed in the names of GRANTOR and GRANTEE.
WITNESS the following signatures and seals:
GRANTOR:
LITTLE NECK SWIM AND RACQUET CLUB, INC.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31 st day of December, 2002,
by William R. Stewart, as President of Little Neck Swim and Racquet Club, Inc., on behalf of the
Company. /~
Notary Public
My Commission Expires: March 31, 2006
EXI:IIBIT A
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as Lot A, as shown on that
certain plat entitled "SUBDIVISION OF PROPERTY OF HUBERT L. DAIL
AND MONA H. DAli.", which plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 149 at page 6.
Together with a perpetual 15' drainage easement and a perpetual 10' utility
easement across Lot B on said plat.
Item V-LS.
- 44 -
PLANNING
ITEM # 51302
Upon motion by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Council ADOPTED an
Ordtnances upon apphcatton of GENERAL EDISON, L.L.C. for a Condtttonal Change of Zontng and
Conchttonal Use Permtt
ORDINANCE UPON APPLICA TION OF GENERAL EDISON, L L C FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROMA G-1AND A G-2
AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z06032148
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of General Echson, L L C for a Change of Zomng
Dtstrtct Class{ficatton from AG-1 and AG-2 Agrtcultural Dtstrtct to
Condtttonal B-2 Community-Business District on the north side of E&son
Road, 285 91feet east of General Booth Boulevard The Comprehenstve Plan
recommends use of thts parcel for restdenttal use at or above 3 5 dwelhngs
units per acre or for commerctal use conststent wtth the pohcy
recommendattons of the plan (GPIN 2415439381, 2415439012) DISTRICT
7- PRINCESS ANNE
The followtng condttton shall be requtred
An Agreement encompasstng proffers shall be recorded wtth the
Clerk of Ctrcutt Court
ORDINANCE UPON APPLICATION OF GENERAL EDISON L L C FOR A
CONDITIONAL USE PERMIT FOR A MINI-WAREHOUSE TOWER
R060331105
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of General E&son L L C for a Condtttonal Use
Permtt for a mtnt-warehouse facthty on the north side of Edtson Road, 285 91
feet east of General Booth Boulevard (portton of GPIN 2415439381,
2415439012) DISTRICT 7- PRINCESS ANNE
The followtng conchttons shall be requtred
The stte shall be developed tn substanttal conformance wtth the
submttted stte plan entttled, "Conceptual &te Layout and
Landscape Plan of Commercial Use & Mtnt-Storage General
Booth Boulevard Virginia Beach, VA, "prepared by MSA, PC
and dated 3/2 7/03, whtch has been exhtbtted to the Ctty Counctl
and ts on file tn the Planntng Department
June 10, 2003
Item V-L$.
- 45 -
PLANNING
ITEM # 51302 (Continued)
The archttectural destgn elements and extertor butldtng
matertals for the northern and western facades of the mtm
storage facthty shall be substanttally tn conformance wtth the
submitted elevattons entttled, "Storage Facthty, "prepared by
Ansell Colhns Astrtn Architects, dated 12/20/02, whtch have been
exhtbtted to the Ctty Counctl and are on file tn the Planmng Department
No barbed wtre, razor wire or electrtfied fences shall be tnstalled
on the roof or walls of any of the butldtngs or on anyfenctng on
or surroundtng the property
The tnstallatton of chatn hnk fenctng shall not be permttted on
the stte
All outdoor hghttng shall be shielded to dtrect hght and glare
onto the premises, satd hghttng and glare shall be deflected,
shaded and focused way from all adjotntng property Any
outdoor hghttng fixtures shall not be erected any htgher than
fourteen (14) feet
There shall be no electrtc powered or dtesel powered generators
or generators fueled by any other source of energy located
outstde of any buildtng
The storage umts shall be used only for storage of non-hazardous
goods
The umts shall not be use for office purposes, band rehearsals,
restdenttal dwelhngs, or any other purpose not conststent wtth
the storage of goods
These Ordtnances shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordinance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Tenth of June, Two Thousand Three
June 10, 2003
- 46-
Item V-L$.
PLANNING
ITEM # 51302 (Continued)
Vottng 10-0 (By ConsenO
Counctl Members gottng Aye'
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jim Reeve, Peter W Schmtdt, Ron A
Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
FORM NO P $ lB
City o£ Virginia Reach
In Reply Refer To Our File No. DF-5663
DATE: May 28, 2003
TO: Leslie L. Lilley _ DEPT: City Attorney
FROM: B. Kay Wilso~TM DEPT: City Attorney
Conditiona~ Zoning Application
General Edison, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 10, 2003. I have reviewed the subject proffer agreement, dated April
23, 2003, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue
Suite 2000
Virginia Beach, Virginia 23462
Phone: (757) 687-7500
Facsimile: (757) 687-7510
AGREEMENT
TI-ll~q AGREEMENT (the "Agreement") is made thiso?/ord day of April, 2003 by and
between GENERAL EDISON~ L.L.C. a Virginia limited liability company (the "Grantor") and
the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
(hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor is the owner of certain property generally located in the Beach
Election District of the City of Virginia Beach, Virginia off the eastern side of General Booth
Boulevard to the north of Edison Road which contains approximately 10.602 acres, more or less,
which property is more particularly described on Exhibit A attached hereto (the "Property"); and
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
from AG-1 and AG-2 to B-2 Conditional on the Property; and
WHEREAS, the Grantee' s policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
GPIN NOS.:2415-43-9381-0000
2415-42-9012-0000
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Cwantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such insmnnent; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
2
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or rifle, namely:
1. The site layout shall be developed substantially as shown on that certain exhibit
entitled "Conceptual Site Layout and Landscape Plan of Commercial Use & Mini-Storage
General Booth Boulevard VA. Beach, VA." prepared by MSA, PC and dated 3/27/03 (the "Site
Plan"), which has been exhibited to City Council and is on file with the Planning De~xxment.
2. When developed, that portion of the Property depicted on the Site Plan as the
Mini-Storage Area (the "Mini-Storage Area") shall be developed for a mini-warehouse facility,
with accessory parking and other accessory site features.
3. When developed, that portion of the Property depicted on the Site Plan as the
Commercial Area (the "Commercial Area") shall be developed for uses permitted in the B-2
District along with accessory parking and other accessory site features.
4. The architectural design of the improvements in the Commercial Area shall be
substantially compatible with the architectural style and materials reflected in the rendering
entitled "Commercial Area" prepared by Ansell Collins Astrin Architects, which has been
exhibited to City Council and is on file with the Planning Department.
5. The architectural design of the improvements located in the northern and western
portions of the Mini-Storage Area shall be substantially compatible with the architecnnal style
and materials reflected in the rendering entitled, "Storage Facility" prepared by Ansell Collins
Astrin Architects and dated 12/20/02, which has been exhibited to City Council and is on file
with the Planning Department.
Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed Site Plan and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; O) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceeAings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank]
GRANTOR:
GENERAL EDISON, L.L.C.
Robert O. Copeland
COMMONWEALTH OF VIRG~
CITY OF VIRGINIA BEACH, to-wit:
The foregoing_ instrument ,w~ ,ac)knowl,e, dged before me this~ '-day of April, 2003, by
Robert O. CopelandQ~, ~ ~ ~ ? .'~ Yaof~neml Edison, L.L.C. He/she is personally known
to me.
Notary Public
EXHIBIT A
Parcel 1:
AI J. THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, lying, being and situate in the City of Virginia Beach,
Virginia, and being known, numbered and designated as PARCEL 2, 9.102
ACRE3, MORE OR I.F$S, as shown on that certain plat entitled "AMENDED
SUBDMSION PLAT OF G~ EDISON ASSOCIATES AND DAM
NECK PROPERTIES, DB 2490, PG 1877, PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by Langley and McDonald, dated July
30, 1985 and revised March 31, 1987, which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 2665, at page 1878, et seq, and said property being further bounded
and described as shown on the survey entitled "PHYSICAL SURVEY OF
PROPERTY OWNED BY GENERAL gl)ISON ASSOCIATES, A VIRGINIA
GENERAL PARTNERSHIP VIRGINIA BEACH, VIRG~" prepared by Site
Improvements Associates, Inc., and dated May 25, 1999, as follows:
BEGINNING at southwest comer of property of Johnnie Leon Hyman thence N
69° 13' 07" W 27.76'; thence N 24° 50' 36" E 454.51'; thence N 3° 58' 42" E
304.09'; thence N 11° 57' 27" E 37.76'; thence N 30° 25' 02" E 210.73'; thence S
63° 42' 22" E 621.67'; thence S 69° 05' 57" E 116.42'; thence S 28° 29' 40" W
938.07'; thence N 69° 13' 07" W 119.97'; thence N 21° 20' 32"E 899.60'; thence
N 69° 13' 07" W 145.21' thence S 21° 20' 32" W 449.60'; thence N 69° 13' 07" W
145.20'; thence S 21° 20' 32" W 225.00'; thence N 69° 13' 07" W 144.94'; thence
S 21 o 20' 32" W 225.00 to the point of beginning.
TOGETHER WITH that certain variable width cross reciprocal ingress/egress
easement shown on the plat entitled "AMENDED SUBDIVISION PLAT OF
GENERAL EDISON ASSOCIATES AND DAM NECK PROPERTIES, DB
2490, PG 1877, PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VIRG~", prepared by Langley & McDonald, dated July 30, 1985 and revised
March 31, 1987, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Deed Book 2665, at page 1878, et
seq.
It being a part of the same property conveyed to GENERAL EDISON
ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP from W. S.
Braithwaite and Elizabeth Allis Braithwaite, husband and wife, et als dated
2/16/84 and duly recorded 3/12/84 in the Clerk's Office of the Circuit Court of
Virginia Beach in Deed Book 2319 page 235 and Corrected in Deed Book 2335,
at page 1910 and by Deed from Jesse R. James, a/k/a Jesse James, a/k/a Jessie
James and Gladys James, husband and wife, dated 10/7/86 and recorded 10/22/86
in Deed Book 2556, page 1092 and by dee. A from Frances G. Willis and Walter G.
Willis, her husband, dated 6/27/84 and recorded 7/2/84 and recorded in Dexxl
Book 2344, at page 1426.
P...arcel 2:
AI.IJ THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach,
Virginia, and being more particularly bounded and described as follows:
BEGINNING at a station on a 20 foot road on the plat of Gresham Village in the
line of the property of John Hyman, and running thence North 21° 20' 32" E 450
feet along said Hyman's line; thence S 69° 13' 07" E 145.20' to the line of Sadie
Walker's; thence along Walker's line S 21° 20' 32" W 450' to said 20 foot road;
thence along said road N 69° 13' 07" W 145.20' to the point of beginning, and
containing 1.5 acres, more or less, as shown by a plat of Gresham Village, made
by W. B. Gallup, County Surveyor, September 20, 1941 and recorded in Map
Book 22, at page 70, and being a portion of the property conveyed to Hattie B.
Gresham by deed of P. W. Ackiss, Special Commissioner, dated June 9, 1941, and
recordexl in Deed Book 206, page 344, in the Clerk's Office of the Circuit Court of
the City of Virginia Beach (formerly Princess Anne County),Virginia.
It being the same property conveyed to GENERAL EDISON ASSOCIATES, L.P.
a Virginia Limited partnership, by deed from John P. Jackson dated 12/23/98 and
recorded 1/26/99 in Deed Book 4021, at page 562.
Item V-L6.
-47-
PLANNING
ITEM # 51303
John Napolotano, 1492 South Independence Boulevard, Prestdent of Ttdewater Budders Assoctatton and
Semor Vtce Prestdent of Napolotano Homes, spoke tn SUPPORT of the apphcatton
The followmg regtstered tn OPPOSITION
Nancy C. Johnson, 1148 Crystal Lake Drtve (Cavaher Park), Phone 422-2834, Chatr of the Stewardshtp
Commtttee of the Bay Colony Ctvtc League
Allan R Johnson, 1148 Crystal Lake Drtve (Cavaher Park), P)hone 422-2834
A MOTION was made by Council Lady Wtlson, seconded by Councilman Dtezel to ADOPT apphcatton of
the Ctty of Vtrgtnta Beach to AMEND the Ctty Zontng Ordtnance (CZO) re 3%~ 402 & 503 building height
regulations tn the Agrtcultural and certatn Restdenttal Zontng Dtstrtcts
Upon SUBSTITUTE MOTION BY Councdman Schmtdt, seconded by Counctl Lady McClanan, Ctty
Counctl ADOPTED and DELETED LINES 62 - 65 after word "subsectton" Ctty Manager to brtng thts
back for further consideration
Ordtnance to AMEND the Ctty Zomng Ordtnance (CZO) re ~3~ 402 & 503
building height regulations tn the Agmcultural and certatn Restdenttal zontng
Dtstrtcts
Vottng 9-1
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter W Schmtdt, Ron A
Vtllanueva and James L Wood
Counctl Members Vottng Nay
Rosemary Wdson
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
402 AND 503 OF THE CITY ZONING ORDINANCE
PERTAINING TO BUILDING HEIGHT IN AGRICULTURAL
AND RESIDENTIAL ZONING DISTRICTS
Sections Amended' City Zoning Ordinance
Sections 402 and 503
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 402 and 503 of the City Zoning Ordmnance are
hereby amended and reordained to read as follows:
Sec. 402. Dimensional requirements [Agricultural Zoning
Districts].
The following chart lists the requirements within the AG-1 and
AG-2 Agricultural Districts for minimum lot area, width, yard
spacing, and height regulations for single-family dwellings. Note,
however, that minimum lot area, as stated in section 402(a) (1),
shall not be used to calculate density allowance. Allowable
density shall be determined in accordance with section 402(b).
(a) For single-family dwellings-
(1) Minimum lot area-
(2) Minimum lot width-
(3) Minimum front yard
setback:
Agricultural D~stricts
AG-1 AG-2
1 acre 1 acre
150 feet 150 feet
50 feet 50 feet
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
(4) Minimum side yard
setback:
(5) Minimum rear yard
setback:
(6) Maximum height, ex-
cept as provided in
20 feet 20 feet
20 feet 20 feet
subsection (al): 35 feet 35 feet
(7) The setback for any yard that adjoins a major
street or right-of-way designated on the official
transportation plan shall be 50 feet.
(al) The maximum heiqht for single-family dwellinqs in
subdivisions of ten (10) or more lots created after the date of
adoption of this subsection, or for sinqle-family dwellinqs havinq
side and rear yard setbacks at least five (5) feet greater than
required, shall be forty-two (42) feet.
48
49
50
51
52
53
54
55
Sec. 503. Height regulations [Residential Zoning Districts].
The following shall constitute the maximum height requirements
for all structures within all Residential Districts.
(a) Except as provided in subsection (b), the Ma-x~mmaximum
height for all buildings and structures ~-~ shall be thirty-five
(35) feet.
(b) The maximum heiqht for sinqle-family dwellinqs within the
R-40, R-30, R-20 or R-15 Residential District in subdivisions of
56
57
ten (10) or more lots created after the date of adoption of this
subsection shall be forty-two (42) feet.
58
59
6O
~ (c) Notwithstanding the above, no building or other
structure shall exceed the height limit established by section
202(b) regarding air navigation.
61
62
Adopted by the Council of the City of Virginia Beach,
Virginia, on the l0th day of June, 2003.
CA-8633
wmm\ordin\heightordin, wpd
R-9
June 10, 2003
- 48 -
Item V-M. 1.
APPOINTMENTS
ITEM # 51304
B Y CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
BEACHES AND WA TER WA YS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RE CP~A TION COMMISSION
PUBLIC LIBRARY BOARD
SHORE DRIVE AD VISOR Y COMMITTEE
TO WING AD VISOR Y BOARD
YOUTH SER VICES CO UNCIL
.June 10, 2003
- 49 -
Item V-M.2.
APPOINTMENTS
ITEM # 51305
Upon NOMINATION by Councd Lady Eure, Ctty Counctl APPOINTED
John Nowland
Unexpired thru 5/31/04
representing Parks and Recreation Commission
OPEN SPACE COMMITTEE
Vottng 10-0
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Jtm Reeve, Peter IV Schmtdt, Ron A
Vdlanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
June 10, 2003
- 50-
Item VoP.
AD JO URNMENT
ITEM # 51306
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 10:27 P.M.
Beverly '0~ Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
City of Vtrgtnta Beach
Vtrgtnta
June 10, 2003
,. ~. ~. ~ ~:. ~ ~ ~ ~,.~ .-~
~," ~-' ~ '. ~' '~ '," ~hO~'l~'thii~'~l~lon 8o ~o~8 ~h~ Board of Dlr.ctor. of the
~ <"'~' ': '~ {~lub, Ine,-w~-~~ffixed their slsnature (s) b~l~ are ·g·lnst building or
, or ·ny other conceivable design, ~111 ruin the ·esthetic
and neighborhood,
B.~ l.~.t ~ls_o. k_no_un_ tknt it is our intention to VOT._~E N__O on ·ny prop,
referendum or amendment that would alloy you to sign, agree, fin~
any manner allow you to lease or mike any a~reement with · cousin
company to build a tower (s) on our property. It is also underst¢
~ill be notified of any vote that ~ill be taken on this issue so
have the opportunity to vote against leases or otheP matters reLf
of cell tower (e). Ny signature b~lov will act ·sa PROXY vote aL ........ --
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAHE (PIFtnt name iDlingS
~ ~derneath) '-----"
._ All /' ...... _......=....~
PHONE NO. DATE
Regarding
UO~IU~ICATION TOk~RS AT ~ hI~ N~ {~ 6 ~CqUET C~B, 86~ hittl~ Heck
~ad, Virgini~ Beach, Virginia 23452
~o{ Bo~rd of Dirm~tor~ of thm ~ittl~ ~t~k {vim 6 Racquet Ulub, Inc.
(And ultimat~l~ to th~ Uity Uouucil of the Uity of
· hould thi~ }~tition 8o b~yo~d th~ Board of Directorm of th~ Little
~eck S~m & ~cquet Club, Inc.)
B~ l~ here~y ~o~ and stated t~t the ~m~re of the Little Neck Swim & ~acquet
Club, Inc. ~ ~ve affixed their el~nahure (e) b~l~ are a~ainst bulldtn~ or
all~ to be built or erected on the site of the Little Neck S~lm & Racquet
Club property, our Club property, any c~ntcation t~ers. ~e strongly believe
that any to~er (e), ~hether disguised as light poles, flag poles or o~her stealth
object, or any other conceivable d~el~n, ~11 ruin the aesthetics of our Club
and neighborhood.
B~ l~ ~1~ kno~ t~t It Is our intention to VOTE NO on any proposal,
referend~ or ~en~n~ t~t ~ould all~ you to
any runner all~ you to lease or rake any a~ee~nt with a c~,ication
c~pany to build a t~er (a) on our property. It ia also understood that I
~ill be notified of any vote t~t ~11 be taken on this issue
'~ve the opportunity to vote a~ains~ leases or othe~ matters regarding erection
of cell t~r (s). Ny signature ~1~ ~11 act as a PROXY vote ageinst cell
to~r(o) in the event of my absence for the voting process.
SIGNA~
H~ (Friar name ~~ FHONE NO.
--- underneath)
Regarding
COH4UNICATION IDI~ER,q AT THE LITTLE NECK S~ & ~CQUET C~B, 864 Little Neck
~ad~ Virginia Bench~ Virginia 23452
Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Bench, Vs.
should this Petition go beyound the Board of Directors of the Little
Neck S~im & Racquet Club, lac,)
Be it hereby knom3 and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their siinature (e) below are aiainst building or
allowing to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. ~e strongly believe
that any tower (s), whether disguised as light poles, flag poles or other stealth
object, or any other conceivable design, ~ill ruin the aesthetics of our Club
end neighborhood.
B__e i__t alsq k_n?~n that it is our intention to VO!E N~O on any proposal,
referendum or amendment that would allow you to sign, agree, finalize or in
any manner allo~ you to lease or make any agreement with a communication
company to build a tower (s) on our property. It is also understood that I
sill be notified of any vote that ~lll be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cel~ tower (s). Ny signature below~tll act as a PROXY vote against cell
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAHE (Print name ADI~J~SS PHONE NO.
..... underneath)
DATE
Regarding
COI~4UNICATION IOWER8 AT ~ LilILE NECK S~i4 & RACQUET CLUB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
To: Board of Diraetors of the Little Naek Swim & Racquet Glub,
(And ultinately to the City Council of the Gity of Virginia Beach, Va.
should this Petition go hayound the Board of Directors of the Little
N~ck Sw~m &Racquet Club, Int.)
Be it hereby known and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (a) below are against building or
allow~Ag to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. ~e strongly believe
that any tower (s), whether dilguised as light poles, flag poles or other stealth
.object, or any other conceivable desisn, wall ruin the aesthetics of our Club
and neighborhood.
Be it also known that it is our intention to VOI.___~E NO on any proposal,
.;referendu~ or ~end~ent that would allow you to sign, agree, finalize or in
any manner allow you to lease or make any agreement with a communication
Company to build a tower (s) on our property. It la also understood that I
Will be notified of any vote that will be taken on this issue so that I may
have the opportunity to vote againsk teases or othe~ matters regarding erection
of cel~ tower (s). Ny signature b~low will att as a PROXY vote against cell
tower(s) in the event of my ahaenea for the voting process.
It _ANE- (Print name ~t} _1~_~_. PHONE NO._ DATE
' /- I fl
Zxt/-/ f ,o ,,
PETITION
Regarding
COI~IUNICATION TO~RS AT TH~ LITTI3g NECK S~rl~l & RACQUET CLUB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
To: Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Petition go beyound the Board of Directors of the Little
Neck S~rlm & l~acquet Club, Inc.)
B~ei~t~reby kno~m and stated that the members of the Little Neck Nm & Racquet
Club, Inc. who have affixed their signature (s) belo~ are against building or
allme[ag to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or o~her stealth
object, or any other conceivable design, 411 ruin the aesthetics of our Club
and neighborhood.
:~ i.~talso k__no=_vn that it is our intention to VOT__~EN~on any proposal,
referendum or a~end~ent that would allo~ you to sign, agree, finalize or in
any manner allo~ you to lease or make any asTeement with a communication
company to build a to, er (s) on our property. It is also understood that I
will be notified of any vote that ~r~ll be taken on this issue so that I may
have the opportunity to vote against leases or other matters regardin$ erection
of cel~ to-er (s). Ny signature belo~ will act as a PROXY vote against cell
to,er(s) in the event of my absence for the voting process.
NAHE ADDRESS PHONE NO. DATE
_
....~ ~~,,~ ......... r - $__ · .....
-- ....................
Regarding
COI~IUNICATION TO~IgRS AT THE LITTLE NEG~ SWIM & ~CqUET C~B, 864 Little Neck
~ad, Virginia Beach, Virginia 23452
,.
'To: Board of ~irectora of the Little Neck S~im ~ ~acqueC Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Peticion ~o beyound the Board of Directors of the Little
Neck S~m ~ Racquet Club, Inc.)
B.~e i~~known and stated that the members of the Little Neck Swim & Racquet
~Club, Inc. who have affixed their signature (s) below are against building or
allow~Ag to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or ocher stealth
.object, or any other conceivable design, ~11 ruin the aesthetics of our Club
land neighborhood.
!B_~e i~t a~so ~no. _~m.. that it is our intention to V~TE NO on any proposal,
referendu~ or a~end~ent that would allow you to sign, agree, finalize or in
any nmnner allow you to lease or ~ake any agreement with a connuunication
company to build a tower (s) on our property. It is also understood that I
~ill be notified of any vote that ~ill be taken on this issue so that I may
have the opportunity to vote against leases or other matters regarding erection
of cel~ tower (s). Hy signature below will act as a PROXY vote against cell
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAME (Print name ADIH~SS PHONE NO.DATE
.... . ¢ u" a "_ ".* '? j _. .......... i_ .... .
Regarding
COI~I~NICATION IDI~I~ AT TRg LI~fLg NI~CK S~IM & RACqUgT CLUB, 86/+ Little Neck
Road, Virginia Beach, Virginia 23452
To: Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Petition go beyound the Board of Directors of the Little
Neck Swim & Racquet Club, Inc.)
Be it hereby known and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (s) below are against building or
allov$~g to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any co~aunication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or other stealth
object, or any other conceivable design, will ruin the aesthetics of our Club
and neighborhood.
Be it also known that it is our intention to VOT.__~E N~on any proposal,
referendu~ or ~aend~ent that would allo~ you to elsa, agree, finalize or in
any~anner alloy you to lease or ~ake any agreement with a co~e~unication
company to build a tower (s) on our property. It is also understood that I
will be notified of any vote that ~lll be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cel$ to-er (s). My signature belo~will act as a PROXY vote against cell
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAME (Print name ADIIKESS PHONE NO. DATE
underneath) - ~- -
--T -~-~- - -'
Regarding
CO/ttUNICATION TOWERS AT THE LITII2. NECK S~rll/& RACQUET CLUB, 864 Little Neck
Road, Vlr$1nia Beach, Virginia 23452
To: Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Petition go beyound the Board of Directors of the Little
Neck Swim & Racquet Club, Inc.)
B~ei_~th~reb¥ k~_own and stated thac the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (s) below are against building or
allowLng to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or o~her stealth
.object, or any other conceivable design, will ruin the aesthetics of our Club
and neighborhood.
Be it also known that it is our intention to VOT~E N~on any proposal,
referendum or amenchaent that would allow you to sign, agree, finalize or in
any~mnner alloy you to lease or ~ake any agreement with a communication
company to build a tower (s) on our property. It is also understood that I
~111 be notified of any vote that will be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cell tower (s). H~ signature below will act as a PROXY vote against cell
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAME (Print name ADD~ESS PHONE NO. DATE
· ' underneath) ---- ---
_ -$~ '- - · ..... : ...... :/ '7 --
Regarding
CO144UlqlCATION TO~/EI~ AT THE LITTLE NECK SWIM& RACQUET CLUB, 864 Little Neck
Road, Vir$inta Beach, Vir$1nia 23452
To: Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Petition go beyound the Board of Directors of the Little
Neck Swim & Racquet Club, Into)
Be l_~therebY known and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (s) below are against building or
allowIAg to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any cmsmunicatton towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or o~her stealth
object, or any other conceivable design, will ruin the aesthetics of our Club
and neighborhood.
Be it also known that it is our intention to V~TE N~O on any proposal,
referendma or a~end~ent that would allow you to sign, agree, finalize or in
any ~anner allow you to lease or ~ake any a~ree~ent with a communication
company to build a tower (s) on our property. It is also understood that I
11 be notified of any vote that will be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cel~ tower (s). Hy signature below will act as a PROXY vote against cell
tower(s) in the event of my absence for the voting process.
SIGNATURE
NAME (Print name ADDitESS
'underneath)
PHONE NO; DATE
P_.E · I T I ON
Regarding
COI~IUNICATION TOI~ERg AT THE LITILR NECK S~ & ~CqUET C~B, 864 Little Neck
~ad~ Virginia Beach~ Virginia 23452
To: Board of Directors of the Ltttls N~ck S~is ~ Racquet Club, Inc.
(And ultimately to the City Council of the City of Virgini~ Beach~
should this Petition go b~yo~d tht Board of Directors of the Little
Neck S~ · ~cquet Club, Inc.)
B~ l~ hereby kno~ and stated t~t the mem~rs of the Little Neck S~lm ~ Racquet
Club, Inc. v~ ~ve affixed their signature (s) bel~ are against building or
· ll~$~g to be built or erected on the site of the Little Neck Svim h Racquet
Club property, our Club property~ ~ny c~nic~tion topers. ~e strongly believe
that ~ny rover (s), vheCher disguised ~s light poles~ flag poles or other stealth
object, or ~ny other conceiv~ble design~ ~11 ruin the aesthetics of our Club
and neighborhood.
Be It ~lso kno~ t~t It Is our lnt~ntion to VOT~ N~ on shy proposal,
r~ferend~ or ~en~ent t~t vould ~11~ you to sign, ~sree~ finalize or tn
· ny ~nner ~11o~ you ~o le,s~ or ~k~ ,ny ~sr~e~nt ~ith · c~unic~tion
c~p~ny to build , t~r (s) on our propsrty. It is ~lso understood tha~ I
=ill be notified of ~ny vot~ t~t ~11 b~ t~ken on this issue so that I may
~v~ the opportunity ~o vo~e ~s, lnst l~ses or othe~ ~tters regarding erection
of cel$ t~er (s). Hy sign~ure belov vii1 ,ct ~s · PROXY vote ~g,inst cell
toPer(s) In the tv~n~ of ~y ~bsence for the voting process.
N~ (Print name ~SS PHONE NO.
- underne~)
Regarding
COI44UNICATION TOWKItSATTRE LITTLII NECK 8W/H& RACQUET CLUB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimetely to the City Council of the City of Virginia Beach, Vs.
should thio Petition go bey,mad the Board of Directors of the Little
Neck Swim &Racquet Club, Inc.)
Be it hereby kn_ow~land stated that the members of the Little Neck Svim& Racquet
Club, Inc. who have affixed their signature (s) below are against building or
allow{Ag to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any co~unication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or other stealth
object, or any other conceivable design, will ruin the aesthetics of our Club
sad neighborhood.
Be it also known that it is our intention to VOTER N~O on any proposal.
ferendu~ or a~end~ent that would allow you to sign, agree, finalize or in
any ~anner allow you to lease or ~ake any a~ree~ent with a comaunicetton
company to build a tower (s) on our property. It is also understood that I
11 be notified of any vote that will be taken on this issue so that I may
have the opportunity to vote agains~ leases or othe~ matters regarding erection
of cell tower (s). Ny signature below will act as a PROXY vote ageinst cell
tower(s) in the event of my absence for the voting process,
SIGNATURE
NANE(Print name ADI~ESS PHONE NO. DATE
' - underneath)
~' ·
~ETITION
Regarding ,,
CO~IUNICATION TOI~ERSATTIAE LITTL~ NgCK $~IH& RACqUgT CLUB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
Board of Directors of the Llttla Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Vs.
should this Petition go beyound the Board of Directors of the Little
Neck Swim &R~cquet Club, Inc.)
.B_~e!~ hereby known and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (s) below are against building or
allovSAg to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any communication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or o~her stealth
object, or any other conceivable design, will ruin the aesthetics of our Club
nnd neighborhood.
B~ei~ &lS~ ~np_~!, that it is our intention to¥O~E NOon any proposal,
referendu~or aend~ent that would alloy you to sign, agree~ finalize or in
any mnn~r all~ you to l~anl or mk~ any n~n~nt with a c~unication
c~pany to build a t~,r (s) on our propsrty. It Is also undsrstood that I
=ill b, notifi,d of any votn t~t ~11 b~ tak, n on this isnun so that I may
~v, th~ opportunity to vot~ n~ains~ l~anns or oth~ mattsrs r~gnrding ~rection
'of eels t~er (s). Ny slgnatur~ ~1~11 act ns a PROXY vote against cell
tower(n) in th~ ~vent of ~y abs~nc~ for the votinl procnsn.
SIGNATURE
NAif(Print name ADII~ES$ PHONE NO. DATE
- ' underneath)
PETITION '
Regardin8
~ad, Virginia Beach, Virginia 23652
To~ Board of Directors of the Ll~le Heck Swim & ~acque~ Club, Inc.
(Aad ultimately to ~he City Council of ~he Cl~y of Virginia Besch, should ~hl0 Fe~l~ion So beyond ~he Board of Directors of ~he Ll~le
Neck S~m & hcque~ Club,
B~ i~ ~ ~o~ and o~a~ed ~h~ ~he Mm~ro of ~he Li~le Neck S~m ~ Racque~
Club, Inc. w~ hve affixed ~heir signature (s) bel~ are asalns~ building or
tll~InS ~o be buil~ or erected on ~he ol~e of ~he Li~le Neck Swim ~ Rscque~
Club proper~y, our Club pro~r~y, any c~nica~ion ~ero. ~e s~rongly believe
~ha~ any t~er (s), whether disguised as llgh~ poles~ flag poles or o~her s~eal~h
object, or any o~her conceivable design, ~ll ruin ~he aesthetics of our Club
and neighborhood.
B~ i~ lies kno~ ~h~ it is our intention ~o VO~ N~ on any proposal,
referenda or ~enbnt ~h~ would ~11~ you
any Mnner all~ you ~o leasa or rake any a~eeMn~ wi~h ~ c~nict~ion
c~pany ~o build a ~er (o) on our proper~y, I~ is also understood ~ha~ I
will be notified of any vo~e ~ht ~ll be ~aken on ~hio issue os ~ht~ I may
~ve ~he oppor~uni~y ~o VO~e asains~ ~eaoeo or o~he~ ~ers regarding erection
of ceil t~r (s). Hy signature ~1~ ~ll ac~ as · PROXY vo~e Iseins~ cell
~o~r(o) In the even~ of my absence for ~he vo~ins process.
SI~A~
H~ (~rin~ name ~~ rHONE NO.
- ~ underneath)
Regarding
COII~UNICATION TOWERS AT TIrE LIT1LR NECK S~IH& RACQUET CLUB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
To: Board of Directors of the Little Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of Virginia Beach, Va.
should this Petition go beyound the Board of Directors of the Little
Neck Swim & Racquet Club, Inc.)
Be it hereby kno~nl and stated that the members of the Little Neck Swim & Racquet
· Inc. who have affixed their signature (s) below are against buildin8 or
allowiag to be built or erected on the site of the Little Neck Swim & Racquet
Club property· our Club property· any con~unication towers. We strongly believe
that any tower (s), whether disguised as light poles, flag poles or other stealth
object, or any other conceivable design, ~v~ll ruin the aesthetics of our Club
and neighborhood.
Be it also known that it is our intention to VOTE NO on any proposal,
referendum or amendment that would allow you to sign, agree, finalize or in
any ~anner allow you to lease or ~ake any a~reement with a communication
company to build a to-er (s) on our property. It is also understood that I
11 be notified of any vote that~r~ll be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cell tower (s). Hy signature below will act as a PROXY vote agsinst cell
tower(s) in the event of my absence for the voting process.
S I GNATURE
NAI~ (Print name
underneath)
? - ,~. - ,
-, /
ADDRESS PHONE NO. DATE
/
PE. TITION
Regarding
COIttlNICATION TOI~RS PROPOSED TO BE INST~4I.!.RD AT THE LITTLE NECK S~FiH AND RACQUET
CLUB, 864 LITTLE NECK ROAD, VIRGINIA BEACH, VIRGINIA 23452
To: The City Council of the City of Virginia Beach, Virginia
BE IT HEREBY KNOI~q and stated that the residents of the Little Neck Peninsula and
surrounding sub-divisions, who have affixed their signatures below, are against
building or alloying to be built or erected nn the site of the Little Neck Swim
and Racquet Club property, any communication towers. We strongly believe that
any towers, whether disguised as light poles, flag poles or other stealth object,
or any other conceivable design, will ruin the aesthetics of our Peninsula and
neighborhood where our children s~rlm and play. We do not want to deny our children
the right to have a beautiful, uncluttered-by- cou~nercial-eyesore towers, place
to enjoy their sports.
SIGNAIIIRE PRINTED NAME ADDRESS PHONE NO.
I]ATE
Regarding
COIt~J~IC&TION I~)~I~1~ AT ~ LI~I.~. NE~ S~IH& RACQUET CI~JB, 864 Little Neck
Road, Virginia Beach, Virginia 23452
Tol Board of Directors of the Ltttla Neck Swim & Racquet Club, Inc.
(And ultimately to the City Council of the City of ¥ir$1nia Beach, Vs.
should this Petition go beyound the Board of Directors of the Little
Neck Swim & Rmcquet Club, Into)
B.~e i__~ ~~and stated that the members of the Little Neck Swim & Racquet
Club, Inc. who have affixed their signature (s) below are against building or
a11o~$~$ to be built or erected on the site of the Little Neck Swim & Racquet
Club property, our Club property, any cmmunication towers. Re strongly believe
that any tower (s), whether disguised as light poles, flag poles or other stealth
object, or any other conceivable design, vi11 ruin the aesthetics of our Club
and neighborhood.
B_~e i..~ alsys kno~thmt it is our intention to VO__T~ NO on any proposal,
referendum or --end~ent thmt would allo~you to sign, agree, finalize or in
sny~mnner allow you to lease or ~mke any agreement with a communication
~company to build a tower (s) on our property. It is also understood that I
Viii be notified of any vote that Pill be taken on this issue so that I may
have the opportunity to vote against leases or othe~ matters regarding erection
of cell toper (s). Hy signature below viii act as a PROXY vote against cell
~tower(s) in the event of my absence for the voting process.
SIGNATUP~
NAHE(Print name ADDRESS
- : ~ underneath) -" - '--
PXON~- NO._