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JULY 13, 1993 MINUTES"WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM, Blackwater Borough LINWcX)D 0 BRANCH III Vtrgmza Beach Borough JAMES W BRAZIER, JR, I ynnhaven Borough ROBERT W CLYBURN, Kempswlle Borough ROBERT K DEAN, Pnncess Anne Borough LOUIS R JONES Bay~de Borough PAUL [ LANTEIGNE, Pungo Borough JOHN D hdOSS At Large NA2qC¥ K PARKER, At-Large ]AMES K SPORE, Cztv Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH, CMC "AAE C~ty Clerk CITY COUNCIL AGENDA JULY 13, 1993 281 ( IT't ttALL BUILDING MUN/( IP4L CEN'/ER IR(dNIA BI 4( H ¥ IR(,INI4 234~6 900~ 1804~ 427 430~ I. CITY MANAGER'S BRIEFINGS - Council Chamber - 12:30 PM A, Bo AMPHITHEATRE FEASIBILITY STUDY Mark Wawner, Economic Development Project Manager STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS Patricia A. Phillips, Director of Finance II. INFORMAL SESSION - Council Chamber - 1:45 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Raymond B. Good Bayside Christian United Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - July 6, 1993 G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. . Resolution endorsing to the Commonwealth Transportation Board proposed Transportation Enhancement projects; and, the City of Virginia Beach agrees to pay 20 percent of the total cost for planning, design and construction, including but not limited to acquisition of easements and rights-of-way and if the City of Virginia Beach subsequently elects to cancel any of these projects, they will reimburse the Virginia Department of Transportation (VDOT) for costs they expended through the date VDOT is notified of such cancellation. . Resolution endorsing the establishment of the Chesapeake Bay Alcohol Safety Action Program (formerly known as Tidewater ASAP). . Resolution directing the Director of Finance to authorize Crestar Bank make payment of $1,250.00 to the Chase Manhattan Bank, N.A. for lost bond coupons re Coupons #30 due October 1, 1992 at $125.00 each and detached from City of Virginia Beach, Virginia General Obligation Public Improvement Bonds, Series of 1977, Numbered 2836, 2873 through 2879 inclusive, 2986 and 2987. . Ordinance to authorize acquisition of temporary and perpetual utility easements either by agreement or condemnation: a. Lakeville Estates Water Project (KEMPSVILLE BOROUGH). b. North Seaboard Road Sewer Project (PRINCESS ANNE BOROUGH). . Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the State Department of Environmental Quality, Waste Division re purchase of Emergency Information System Software (ElS/C) and providing support to the Local Area Planning Committee (LEPC). . Ordinance to APPROPRIATE $15,000 in Federal Emergency Management Agency (FEMA) funds re training requirements for the Fire Department's Urban Search and Rescue (USAR) Task Force. 1 Ordinance to APPROPRIATE $3,700 to the Department of Agriculture re abatement of environmental damage to, or restoration of Wetlands in the City of Virginia Beach. Se Ordinance to ACCEPT and APPROPRIATE a $21,924 Grant from the Virginia Chesapeake Bay Local Assistance Department; and, TRANSFER $12,544 from the FY 1993-1994 Reserve for Contingencies to the Department of Planning for a required cash match. . Ordinance to ACCEPT and APPROPRIATE a $35,578 Grant from the State Department of Criminal Justice Services; and, TRANSFER $11,859 from the General Fund Reserve for Contingencies to the Virginia Beach Police Department re enhancing street level narcotics enforcement through acquisition of specialized surveillance and communications equipment. 10. Ordinance re Closed Circuit Television System operated by the Virginia Beach Police Department at the Oceanfront: a. ACCEPT and APPROPRIATE a $10,000 donation from the Resort Leadership Council; b. TRANSFER $60,000 from the DEA Seized Property Special Revenue Fund Reserve for Contingencies; C. TRANSFER $80,000 from the General Fund-Public Safety Technology Reserve. 11. Ordinance to TRANSFER $30,000 from the FY 1993-1994 Operating Budget General Fund Reserve for Contingencies re repair of concrete driveways at the Kempsville Fire Station. 12. Ordinances authorizing temporary encroachments: a. Into a portion of the City's right-of-way of Shore Drive to the United States of America, Department of the Navy re maintaining a brick and cedar privacy fence (BAYSIDE BOROUGH). b. Into City's property known as Lynnhaven Municipal Marina to Warner Athey re maintaining a timber walkway (LYNNHAVEN BOROUGH). H. RESOLUTION/ORDINANCES . Resolution authorizing City Manager to enter into an agreement with the City of Chesapeake regarding usage of the Tidewater Detention Home, consistent with the FY 1993-1994 Operating Budget; $100,000 July 1, 1993, $400,000 September, 1993 and $438,965 July, 1994. Deferred: June 22, 1993 . Ordinance to APPROPRIATE $10,293,500 to the FY 1993-1994 Operating Budget of the Department of Public Utilities re increased cost for the purchase of water from the City of Norfolk; and, be offset by a corresponding increase in estimated revenues from sale of water in the Water and Sewer Fund. . Ordinance to TRANSFER $43,300 from Storm Water Reserves to the FY 1993-1994 Operating Budget re In-House/Out-Sourcing Study for Storm Water Management. I. PUBUC HEARING . PLANNING BY CONSENT a. Application of LAND & COATES, INC. for a Conditional use Permit for motor vehicle rentals (Ryder Truck) at the Southwest corner of Bonney Road and Chestnut Avenue (3775 Bonney Road), containing 30,718 square feet more or less (LYNNHAVEN BOROUGH). Deferred Indefinitely: July 6, 1993 Recommendation: APPROVAL b. Application of JAN KOTTKE for a Conditional Use Permit for a child care center at the Northeast corner of North Great Neck Road and Old Donation Parkway (1000 North Great Neck Road), containing 20.102 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL C. Application of ROBERT W. MC'lYRE for a Conditional Use Permit for two (2) additional single-family dwellings in the Agricultural District on the West side of Fitztown Road, 1161 feet more or less South of Morris Neck Road (5465 Fitztown Road), containing 10.89 acres (PUNGO BOROUGH). Recommendation: APPROVAL d. Application of CAROL YOUNG and ROBERT G. YOUNG, JR., for a Conditional Use Permit for two (2) additional single-family dwellings in the AG-2 Agricultural District on the West side of Princess Anne Road, 1056 feet North of West Neck Road (1495 Princess Anne Road), containing 26.042 acres (PUNGO BOROUGH). Recommendation: APPROVAL e. Application of CARR THOMPSON for a Conditional Use Permit for motor vehicle rentals on the East side of North Witchduck Road, North of Virginia Beach Boulevard (362 North Witchduck Road, Suite #101), containing 4.27 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Petition of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of a portion of 19th Street beginning at the Eastern boundary of Arctic Avenue and running in an Easterly direction a distance of 500 feet, being 80 feet in width and containing 40,000 square feet (VIRGINIA BEACH BOROUGH). Recommendation: Staff Recommendation: APPROVAL DEFER INDEFINITELY , PLANNING a. (1) Ordinance for the discontinuance, closure and abandonment of a portion of a 15 foot alley on the North side of Croatan Road, 100 feet East of Atlantic Avenue and lying adjacent to Lots 1,2, 3, 13, 14 & 15, Block 23, Croatan Beach, containing 2250 square feet in the petition of WHITT G. SESSOMS, III (LYNNHAVEN BOROUGH). Recommendation: FINAL APPROVAL (2) Ordinance to APPROPRIATE $18,000 from sale of street closure to ClP Project fl2-052 Public Beach Improvements re acquiring additional public beach access to Croatan Beach. b. Application of RODA ASSOCIATES for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on the South side of Dolton Drive, 940 feet more or less West of Alicia Drive (4847 Dolton Drive), containing 36,024 square feet (KEMPSVILLE BOROUGH). Referred back to Planning Commission April 27, 1993 Recommendation: APPROVAL Co Application of NEW HOPE BAPTIST CHURCH for a Cor}ditional use Permit for a church (expansion) on the Southwest side of Old Great Neck Road at the intersection with Reagan Avenue (395 Old Great Neck Road), containing 2.043 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Resolution referring to the Planning Commission proposed amendments to Sections 502(A) and 502(E) of the City Zoning Ordinance and amendment to the Appendix of the Comprehensive Plan re dimensional requirements. J. APPOINTMENT CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY COUNCIL RECESS JULY 14 - 31, 1993 If you are physically disabled, hearing or visually impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 7/6/93bp AG ENDA\7-13- 93.PLN -6- CITY MANAGER'S BRIEFINGS STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS ITEM # 37020 This item was RESCHEDULED to the FORMAL SESSION prior to the Ordinance to TRANSFER $43,300 from Storm Water Reserves to the FY 1993-1994 Operating Budget re In-House~Out-Sourcing Study for Storm Water Management. July 13, 1993 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, V~rg~n~a Mayor Meyera E. Oberndorf called to order the CITY MANAGER's BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993, at 12:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Nancy IC Parker and Mayor Meyera E. Oberndorf and l/ice Mayor Wilham D. Sessoms Council Members Absent: Paul J. Lanteigne [ENTERED: 12.42 P.M.] -2- CITY MANAGER'S BRIEFINGS AMPHITHEAT~ FEASIBILITY STUDY 12:30 P3/I. ITEM # 37019 Mark Wawner, Economic Development Project Manager, advised in February 1993, City Council ADOPTED an Ordinance establishing the Tourism and Growth Investment Fund (TGIF) to support certain identified capital projects. Among these projects is the construction of an amphitheatre, within the City, which would accommodate summer concerts and other public events. The ordinance also provided appropriations to fund professional services to begin to examine the projects. To assist City Council tn ascertaining the potential benefits of an amphitheatre facility, City staff prepared a request for proposals (RFP) for a study of the market and economic feasibility of such a facility in the City. After evaluating the proposals received in response to the RFP, the firm of Price Waterhouse was selected to conduct the study. Mr. David C. Petersen, Director - Sports and Convention Facility Advisory Group, Price Waterhouse, presented the final report for the proposed Virginia Beach amphitheatre. Specifically, Price Waterhouse has been directed to provide a market and financial assessment of the proposed project. Based on the analysis performed, it appears an amphitheatre in Virginia Beach can be feasible under certain conditions. The DRAFT report contains major assumptions and findings and is presented in the following sections. Market Area Overview Competitive Facilities Comparable Amphitheatre Facilities User Surveys Recommended Building Program Estimated Utilization Financial Operations Analysis Development Cost Analysis Economic and Fiscal Impact Analysis Alternative Funding and Development Scenarios Site Analysis In the case of Virginia Beach, the proposed facility's market area rv likely to conform to the industry standard of 50 miles or a one hour drive time. Virgima Beach is the twenty-seventh largest metro area with a relatively affluent income. The age and growth characteristics are favorable. Within this geographic area, there are two primary spectator entertainment facilities: Norfolk Scope and the Hampton Coliseum. While these are indoor facilities and typically do not host the kinds of events of amphitheatres, they do compete for the resident's dollar in terms of alternative entertainment events. Mr. Petersen displayed Charts reflecting Annual Concert Activity (Cellar Door Events) and Total Concert Attendance (Cellar Door Events) at Norfolk Scope and Hampton Coliseum. Because of greater date availability and more aggressive management, the Hampton Coliseum presently hosts the majority of the area's larger indoor concerts. The observation of the Virgtnia Beach market area indicates that, while the Norfolk Scope and Hampton Coliseum currently compete for concerts, neither is likely to compete directly with the proposed V~rginia Beach amphitheatre. Thts ts because most touring summer concerts are better suited for outdoor music-specific venues than for indoor multipurpose arenas. Therefore, given the absence of an existing music-specific venue within the market area, it is Price Waterhouse's assessment that the proposed amphitheatre will operate in a relatively non-competitive marketplace. It is also Price Waterhouse's assessment that this facility will appeal to a much broader segment of the touring concert market, resulting ~n higher overall summer concert activity for the Virginia Beach/Hampton Roads region. In all likelihood there will be an amphitheatre developed within the metro area before the end of the decade. July 13, 1993 -3- CITY MANAGER'S BRIEFINGS AMPHITH~T~ FEASIBILITY STUDY ITEM # 37019 (Continued) In selecting comparable facilities, Price Waterhouse identified only those facilities which were developed within the last three years and had seating capacities in excess of 15,000. The facih'ties considered in this analysis included: Blockbuster Pavilion Desert Sky Pavilion Starlake Amphitheatre Hardee's Walnut Creek Starplex Amphitheatre Coca-Cola Lakewood Amphitheatre Charlotte, North Carolina Phoenix, Arizona Pittsburgh, Pennsylvania Raleigh, North Carolina Dallas, Texas Atlanta, Georgia Charts depicting the Virginia Beach Amphitheatre Market Area Demographic Profile and Income Profile were displayed. Relative to the six comparable markets, Virginia Beach has the smallest market area in terms of total population and households. The expected growth rate of the Virginia Beach market area is consistent with the average growth rate for the six comparable markets. Virginia Beach market area residents have a higher median household income than residents of Charlotte, Pittsburgh and Raleigh. In terms of income stratification, 40.4 percent of Virginia Beach area households have income levels below $24,999. Half of the comparable markets have a lower percentage of total households with incomes below this threshold The percent of market area attendees within the prime concert age bracket (15-44) for Virginia Beach is consistent with the identified comparable markets. However, in terms of prime target market size, Virginia Beach ranks last when compared with the six comparable markets. Total seating capacity of the six comparable facilities is consistent, ranging from 18,500 - 20,000 total seats. In terms of fixed seats to total seats, the average ratio for the six comparable facilities is .37. To further access potential support for the utilization of the proposed Virginia Beach amphitheatre, it is important to consider viewpoints of area concert promoters and potenttal facility users. In this task, detailed interviews were conducted with area promoters and regional amphitheatre managers familiar with the Virginia Beach market area. Additionally, Price Waterhouse spoke with potential users identified by Virginia Beach officials. Each person interviewed provtded candid observattons. Area promoters stated that Virginia Beach and Richmond are two distinct and separate market areas. There ts a very limited concert activity because of the absence of an outdoor facility. Area promoters stated that the strength of Virginia Beach's concert market rested primarily with tts resident population base To successfully attract larger concert acts/groups, concert promoters intervtewed recommended a seating capacity (fixed and lawn) of approximately 15,000 - 20,000 seats for the proposed amphitheatre. Concerning the Building Program, Price Waterhouse recommended a total seating capacity of 16,000 - 18,000 seats. Of these, 7,500 seats should be .fixed and covered, while the balance should be lawn seating. This will provide the facility a relatively high ratio of fixed seats to total seats, a feature considered desirable by concert promoters. Additionally, based on observations of several recently developed facilities, Price Waterhouse recommends that the facility have approximately 30 - 35 luxury suites tncorporated into its original budding program, with 4 or 6 seats per suite. Several amphitheatre operators stated that, as a rule of thumb, the facility should have one parking space for every three attendees. Therefore, assuming 16,000 - 18,000 seats, a total parking capacity of 5,333 - 6,000 spaces will be needed. Concerning Utilization, Price Waterhouse estimated 35-40 events per year, drawing between 300,000 and 350,000 attendees. Mr. Petersen displayed a chart estimating attendance over a five-year period. July 13, 1993 -4- CITY MANAGER'S BRIEFINGS AMPHITHEA TRE FEASIBILITY STUDY ITEM # 37019 (Continued) Concerning Financial Operations Analysis, estimates of operating revenues and expenses are based on an analysis of financing characteristics of comparable facilities, historical performance data from Virginia Beach area concert venues and input from concert promoters and industry officials Estimated Operating Revenues and Expenses were depicted by Mr. Petersen Year 1 Year 2 Year 3 Year 4 Year 5 Operating Revenues Gross ticket sales $4,796,000 $5,487,000 $6,054,000 $6,321,000 $6,598,000 Less: Event costs 4,508,000 5,158,000 5,691,000 5,942,000 6,202,000 (1) Building event share 288, 000 329, 000 363, 000 379, 000 396, 000 Concessions 584, 000 669, 000 738, 000 770, 000 804, 000 Novelty 209, 000 239, 000 263, 000 2 75, 000 28 7, 000 · Parking 2 78, 000 305, 000 322, 000 322, 000 322, 000 Advertising 425,000 451, 000 477, 000 503,000 529, 000 promotion Preferred seating 69, 000 69, 000 69, 000 69. 000 69, 000 Total Operating 1,853,000 2,062,000 2,232,000 2,318.000 2,407.000 Revenues Operating Expenses Salaries, wages, 465, 000 485, 000 507, 000 529, 000 552, 000 benefits Utilities 145, 000 151, 000 158, 000 165, 000 172, 000 Insurance 49, 000 55, 000 60, 000 63, 000 66, 000 Ma in ten an ce, ] 40, 000 146, 000 153, 000 159, 000 166, 000 supplies Marketing 145, 000 151, 000 158, 000 165, 000 172, 000 Other 105,000 110, 000 114,000 119,000 125,000 Total Operating 1.049,000 1,098,000 1.150.000 1,200,000 1,253,000 Expenses Estimated $ 804,000 $ 964'000 $1,082,000 $1,118,000 $1,154,000 Operating Revenues Over Operating Expenses before Building Rentals Percentage of 13% 13% 14% 14% 13% Gross Revenues -5- CITY MANAGER'S BRIEFINGS AMPHITHEATRE FEASIBILITY STUDY ITEM # 37019 (Continued) Mr. Petersen cited the Comparable Facility Development Costs and the Economic and Fiscal Impact Analysis. The analysis of comparable projects included a survey of various public-private joint venture agreements which have been used in developing several recently-constructed amphitheatres. The facilities profiled included: Hardee's Walnut Creek Amphitheatre Glen Helen Park Amphitheatre Blockbuster Desert Sky Amphitheatre Starplex Amphitheatre Raleigh, North Carolina San Bernardino, California Phoenix, Arizona Dallas, Texas According to the Amphitheatre Locational Study prepared by the Department of Economic Development, there are six sites presently under consideration by City officials. The four candidate sites (excluding the Mount Trashmore H site which is no longer being considered) which received the highest rankings by the Department of Economic Development and which were considered in this analysis included. Princess Anne Commons Buffington Corporate Landing Landstown Based on information provided, the Buffington site has the highest overall marketability rating. This concurs with the findings contained in the ,4mphitheatre Locational Study. However, it is essential that road improvements or traffic management plans be made which will shorten the dispersal time for this site. Failure to do so may significantly limit this site's marketability and overall project feasibility. July 13, 1993 -7- ITEM # 37021 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993, at 1:55 P.M. Council Members Present: John A. Baum, Linwood O. Branc& III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None -8- ITEM # 37022 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). To-Wit: Community Services Board To-Wit: Appointments - Boards and Commissions: City of Virginia Beach Towing Advisory Board LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provtsions of legal advice by counsel pursuant to Section 2 1-344(A)(7). To-Wit: Subdivision of Property - Muller Lane - Lynnhaven Borough Upon motion by Vice Mayor Sessorns, seconded by Councilman Brazier, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 -9- FORMAL SESION VIRGINIA BEACH CITY COUNCIL July 13, 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 13, 1993 at 2:00 P.M Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lantetgne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and V~ce Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Raymond B. Good Bayside Christian United Church of Chrtst PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37023 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, &scussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and V~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 37022 Page No. 8, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. l(uth Hodges Smith, CMC/AAE City Clerk July 13, 1993 - 11 - Item III- F. ]. MINUTES ITEM # 37O24 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 6, 1993. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 12 - Item III-G. CONSENT AGENDA ITEM # 37025 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10 (AS CORRECTED), and 12 a/b of the CONSENT AGENDA. Items 1 and 11 were voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert I~ Dean, Louis R. Jones, Paul J Lantetgne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 13 - Item III-G. 1. CONSENT AGENDA ITEM # 37O26 Upon motion by Councilman Brazier, seconded by Council Lady Parker, City Council ADOPTED, AS AMENDED: Resolution endorsing the Commonwealth Transportation Board's proposed Transportation Enhancement projects; authorizing the City of Virginia Beach to pay twenty percent (20%) of the total cost for planning, design and constructton, including but not limited to acquisition of easements and rights-of-way; and, should the City of Virginia Beach cancel any of these projects, Virginia Department of Transportation (VDOT) will be reimbursed for costs they expended prior to the date of cancellation. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None This was voted upon after the Planning Agenda and the Storm Water Management Delivery Options Analysis. RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORTATION BOARD FOR THE ATTACHED LIST OF TRANSPORTATION ENHANCEMENT PROJECTS LOCATED IN THE CITY OF VIRGINIA BEACH WHEREAS, the Virginia Department of Transportation, along with the Vlrg~ma 6 Department of Rail and Public Transportation and the Federal Highway Administration, has 7 announced the availability of Transportation Enhancement Funds for qualified projects; and WHEREAS, up to 14 million dollars may be available to Virginia localities for 9 transportation enhancement projects during the 1993-94 fiscal year; and 10 WHEREAS, the City Council has been advised that projects funded by this program 11 require a local match, either in-kind or cash, of twenty percent; and 12 WHEREAS, the City Council has been further advised and acknowledges that in the 13 event the City elects to cancel a project funded by this program prior to its completion, the C~ty 14 shall be required to reimburse the Virginia Department of Transportation for funds expended for 15 such project; and 16 WHEREAS, the Metropolitan Planning Organization has endorsed the City's proposed 17 transportation enhancement projects; and 18 WHEREAS, in accordance with Commonwealth Transportation Board construction 19 allocation procedures, a resolution of endorsement must be received from the City Council 20 before the Virginia Department of Transportation will program an enhancement project in the 21 applicant' s locality; and 22 WHEREAS, the City Council recognizes the importance of transportation enhancement 23 projects as a way of integrating transportation into our community and natural environment. 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth 26 Transportation Board the attached list of proposed transportation enhancement projects subject 27 to the following conditions: (1) prior to its approval and acceptance by the City of Virgima 28 Beach, the Virginia Department of Transportation shall submit a complete and accurate 29 accounting of costs associated with any programmed or selected project ~ncludlng, but not 30 limited to, costs of acquisition of easements and right-of-ways, and (2) any project programmed 31 or selected by the Virginia Department of Transportation shall be subject to a pubhc hearing 32 before the City Council prior to its approval and acceptance by the City of Virginia Beach. 33 BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby agrees to pay 20 34 percent of the total cost for planning, design and construction, ~ncluding but not hmited to 35 acquisition of easements and rights of way for programmed or selected these projects that have 36 been approved and accepted by the City of Virginia Beach. 37 BE IT FURTHER RESOLVED, in the event i-f the City of Virgima Beach subsequently 38 elects to cancel any,.,."c ...,...o.. ...... ~,..,j,.,..o:^"'~ previously approved and accepted proJect, it hereby agrees 39 to reimburse the Virginia Department of Transportation for the amount of the costs expended 40 by the Department through the date the Department is notified of such cancellation based on the 41 accounting of costs submitted to the City of Virginia Beach by the Virg~ma Department of 42 Transportation. 43 ADOPTED by the Council of the City of Virgima Beach, V~rg~ma, this 13 day of ,July , 1993. 44 APPROVED AS TO CONTENTS SiG/NAiURE RTMENT APPROVED AS TO LEGAL SU, F :C~F.I'~CY ,~,NJD.~ORM CITY ATTORNEY. - 14 - Item III-G. 2. CONSENT AGENDA ITEM # 37027 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Resolution endorsing the establishment of the Chesapeake Bay Alcohol Safety Action Program (formerly known as Tidewater ASAP) Voting: 11-0 Council Members Voting Aye: John/1. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None RESOLUTION ENDORSING THE ESTABLISHMENT OF CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM TO REPLACE THE TIDEWATER ASAP. WHEREAS, the Commonwealth of Virginia in the interest of highway safety has provided by law for programs for probation, education, and rehabilitation or persons charged with driving motor vehicles under the influence of alcohol beverages and other self administered drugs, such programs being collectively known as Virginia Alcohol Safety Action Program or VASAP; WHEREAS, the Chesapeake Bay Alcohol Safety Action Program (formerly known as Tidewater ASAP) was established on December 3, 1975, for the purpose of providing probation, education and rehabilitation of persons charged with or in violation of Sec. 18.2-266 of the Code of Virginia, or of a similar ordinance of any county, city or town; WHEREAS, Sec. 18.2-271.1 and Sec. 18.2-272.2 of the Code of Virginia requires the establishment of a VASAP Commission and that commission establish procedures for operation of local programs; and WHEREAS, the VASAP Commission in its meeting on April 3, 1987, issued a directive that all local VASAP programs would immediately establish and implement independent policy boards representative of all localities served by the program, to operate the program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the Council endorses the establishment of an independent policy board of the Chesapeake Bay ASAP; and that (1) (2) (3) (4) The board shall consist of 18 members, one person appointed from the governing body of each participating jurisdiction for a term of at least two (2) years; The balance of the board shall be selected by majority vote of appointed members to serve terms of one year each and shall include persons representing education, police, courts, and citizens; The program shall be operated by the policy board in compliance with Commission policies and procedures and local mandates; The Executive Director shall prepare and submit for approval to the policy board for each fiscal year a budget to include client fees and any other available funds as deemed appropriate by the board, but will include no costs to the participating jurisdictions. The Commission on VASAP shall be responsible for funding any deficit occurring in the operation of Chesapeake Bay ASAP program. (5) (6) Participating cities or counties may withdraw at any time by official action of its governing body and appropriate notice to the policy board. If a locality withdraws, its representative shall no longer serve on the policy board. Title of property acquired by the board shall be vested with the board so long as two or more jurisdictions continue to participate in its operation. In the event that all local units of government withdraw and the Commission on VASAP withdraws its endorsement; the property owned by the board shall be sold at public auction and the proceeds of such sale shall be divided between the program area cities, Norfolk and Virginia Beach and the counties of Northampton and Accommack; each city's or county's share to be equal to that city's or county's population as it relates to the total population of the two cities and two counties combined population. Adopted by the Council of the City of Virginia Beach on 13 day July 1993. .' of APPROVED LEGAL GU': - . ~ ' (.Y · TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM 'Seromg the C~t~es of Norfolk and Vzrgmza Beach June 23, 1993 The Honorable Meyera E. Oberndorf Office Of The Mayor City Of Va. Beach Municipal Center Va. Beach Va. 23456 Virginia Beach Office 5163 Cleveland Street Virginia Beach, Virginia 23462-6588 (804) 552-1800 FAX 552-1879 Dear Mayor Oberndorf, As of July 1, 1993, Tidewater ASAP will be known as Chesapeake Bay ASAP to reflect a merger with the Eastern Shore ASAP program. No services will change and the main office will continue to be located at 5163 Cleveland St. in Va. Beach. I would also like to take the opportunity to thank you and the council for the appointments of Robert Dean and Linwood Branch to the Tidewater ASAP Policy Board. I am certain that they will provide the type of support needed by Chesapeake Bay ASAP. Enclosed you will find a copy of a resolution that needs adoption by the Virginia Beach City Council. The resolution requires no financial support from the City only an agreement to utilize the program and provide a representative from the council. If you have any questions regarding this matter, please feel free to contact me at 552-1800. If you will notify me of the date that this resolution will be presented, I will plan to be in attendance to answer any questions that the council may have. I hope to talk with you in the near future. Sinq~rely, ~ Val Livingston, MSW Executive Director - 15 - Item III-G. 3. CONSENT AGENDA ITEM # 37028 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to authorize Crestar Bank make payment of $1,250.00 to the Chase Manhattan Bank, N~A. for lost bond coupon (Coupon #30 due October 1, 1992) at $125.00 each and detached from City of Virginia Beach, Virginia, General Obligation Public Improvement Bonds, Series of 1977, Numbered 2836, 2873 through 2879 inclusive, 2986 and 2987. Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay. None Council Members Absent. None A RESOLUTION TO AUTHORIZE REPLACEMENT OF A LOST BOND COUPON WHEREAS, The Chase Manhattan Bank, N.A. of 4 Chase Metrotech Center, Brooklyn, NY 11245 has affirmed that it is the sole legal and beneficial owner of coupons #30 due October 1, 1992 @$125.00 each, totaling $1,250.00, and detached from City of 6 Virginia Beach, Virginia General Obligation Public Improvement Bonds, Series of 1977, numbered 2836, 2873 through 2879, inclusive, 2986, and 2987. Each of these bonds has a denomination of $5,000, bears interest at 5% per annum, is dated December 1, 1977, and 9 matures October 1, 1996; 10 WHEREAS, The Chase Manhattan Bank, N.A. has also affirmed that the said 11 bond coupons have been lost; and 12 WHEREAS, The Chase Manhattan Bank, N.A. has complied with all legal 13 provisions to effect replacement of said bond coupons by providing appropriate affidavit and 14 indemnity 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is directed to 17 authorize Crestar Bank, the Paying Agent on said bond issue, to make payment to The 18 Chase Manhattan Bank, N.A. of 4 Chase Metrotech Center, Brooklyn, NY 11245 for the 19 aforementioned lost bond coupons in the amount of One Thousand Two-Hundred Fifty 20 Dollars ($1,250.00) 21 Adopted by the Council of the City of Virginia Beach, Virginia on the 13 22 day of July , 1993. APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY A~ORNEY Crestar Bank PO Box 26665 R~chmond, Virg~ma 23261-6665 (804) 782-5000 June 15, 1993 ,- Patricia Phillips Finance Director Municipal Center Virginia Beach, VA 23456 Re: Lost Bonds/ Coupons Dear Ms. Phillips: We have enclosed one copy of the Bond of Indemnity executed by Chubb Group Of Insurance Companies, with supporting papers, for the purpose of replacing the security or paying in lieu of presentation for the following issue: City of Virginia Beach Public Improvement Bond series 1977 Dated 12/1/77 Due 10/1/96 Rate 5.% Cusip ~927736VM7 Bonds 2836, 2873-79, 2986-87 Missing coupon #30 due 10/1/92 totaling $#1,250.00 We would greatly appreciate receiving approval to effect this replacement and/or paying in lzeu of presentation. Thank you for your cooperation in this matter, zf you have any questions, please do not hesitate to contact our office at (804) 782-5321. Sincerely, Betty L. K~r Corporate rust Operations APPROVED BY DATE cc: The Chase Manhattan Bank Attn: Devron Gambrell 4 Chase MetroTech Center Brooklyn, NY 11245 Enclosure CHUBB GROUP OF INSURANCE COMPANIES FEDERAL INSURANCE COMPANY BOND NO. P66074 95000-623 BOND OF INDEMNITY (FIXED PENALTY) KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY a corporation duly organized and existing under and by virtue of the laws of the State of Indiana and duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William Street, New York, N.Y. 10038, as Obligor (hereinafter called the "Obligor" is held and firmly bound unto CITY OF VIRGINIA BEACH PUBLIC IMPROVEMENT BOND CRESTAR BANK individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents), their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, *lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. * $1,250.00 SEALED with its seal and executed in THREE counterparts the 13th day of May, 1993. WHEREAS, the Obligor represents that THE CHASE MANHATTAN BANK N.A. is/are the unqualified owner(s) of 10 COUPONS NO. 30 @ $125.00 EACH (TOTAL $1,250.00) DUE 10/1/92 DETACHED FROM CITY OF VIRGINIA BEACH, PUBLIC IMPROVEMENT BOND SERIES 1977 DTD 12/1/77 DUE 10/1/96 5% BOND NOS. 2836, 2873-79 & 2986-87 IN BEARER FORM (such security or securities being hereinafter called "original" or "originals"), and that the same has/have been mislaid, lost, destroyed, or wrongfully taken and cannot be found or produced, by vi£tue of which the Obligor has requested Obligees to issue and deliver to THE CHASE MANHATTAN BANK N.A. or his/her/its order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates"), or to pay to THE CHASE MANHATTAN BANK N.A. or credit to his/her/its account the amount due on said original or originals without surrender or presentation thereof for cancellation or stamping or for any other purpose; and Form 30-02 0003 (Rev 4 90) WHERSAS, on the faith of the foregoing representations and in consideration of this bond of ~ndemnity, Obligees have complied or have agreed to comply with said requests. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal representatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all t~mes defend, indemnify and save harmless 0 bligees from and against any and all claims, actions and su~ts, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or ~n lieu of any ~nstrument or ~nstruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified as the sa~d mislaid, lost stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange, or delivery in respect of the original or originals without surrender thereof and/or in respect of the duplicate or duplicates, whether or not caused by based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by, based upon, or arising out of ~nadvertence, accident, oversight or neglect on the part of Obl~gees, or any of them, or their respective officers, agents, clerks or employees and/or omission or failure to ~nqu~re into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue or delivery ~n respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instruments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; otherwise shall remain in full force and effect. Obligor further agrees that ~f the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation w~thout reissue, the Obligor will forthwith on demand obtain and deliver to the Obllgees either such original or originals or such duplicate or duplicates or will pay to the 0bligees a sum of money sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, ~n case of any default under the conditions of th~s bond, the Obligor waives and releases any and all right or claim against Obl~gees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforcement of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY /t .~r...~/ Fact . ...... torney-in- / POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain V~ew Road, Warren, New Jersey, an ~d~ana Corporation has constduted and appointed and does hereby constdute and appoint Mark A Cook, Christopher J Frankhn, Dorothy Kern, 'lorn DeSanhs, Patnc~a F~chera, Joanne Squdlace, Angela Babbs, Carol Fleming and Wdham Br~ck of New Providence, New Jersey each ~ts true and lawful Attorney m-Fact to execute under such designation ~n ~ts name and to affix ds corporate seal to and dehver for and on ds behalf any and all Lost Instrument Bonds whereto the sa~d FEDERAL INSURANCE COMPANY ~s named as Obhgor In Witness Whereof, the sa~d FEDERAL INSURANCE COMPANY has pursuant to ds By Laws caused these presenls Io be s~gned by ~ls V~ce President and Assmtant Secretary and ds corporale seal to be hc, reto affixed th~s l.t day of May 1991 Rmhard D O Connor Assistant Secretary STATE OF NEW JERSEY '~, ~, CoHnly of Sr)nlnr~,l FEDERAI..~SURANCE COMPANY V~ce President On th~s 1si day of May 1991 before me personally came Richard O O Connor to me known and by me known to be Asslslant Secretary of the FEDERAL INSURANCE COMPANY the Corporahon de%abed m and wbmh executed the foregoing Power of Attorney and the said Richard D O Connor being by me duly sworn did depose and say lhat he m Assistant Secrelary of the FEDERAL INSURANCE COMPANY and knows the corporate seal Ihereof thal the '~pal affixed to lhe foregoing Power of Atlorney ~s such colporate ~eal and ,vas the~elo affixed by authorffy of the By Laws of smd Company and lhat he s~qned sa~d Power of Attorney a'~ As~r<;tanl Secretary of ~md Company by hke authordy that he m '~quamled wdh Janm,; D Dp<on and know~ him lo be V~r e Presrdr'nl of smd Company ;~nd that th,:' signature of said lames D D~xon m~b~cr~hed to qmd Power of AItorney m m the grmume handwriting of smd James D D~:.'on and was Ilmrelo slJbscrlbed by aulhorlly of sa{d By Laws and rn depormnl s pre, sene. Acknowledqed and Sworn to before me on the date above Wrllten Notary Pubhc Slale of Nc, w Jorsr, t No 2091352 (omm~ss~on Expires July 29 1996 Financial Statement of Federal Insurance Company as of December 31, 1991 ASSETS Umted States Treasury Bonds Umted States Government and Federal Agency Guaranteed Bonds State and Mumc~pal Bonds Other Bonds Common Stocks Preferred Stocks Other Invested Assets Short Term Investments Real Estate Mortgage Loans TOTAL INVESTMENTS IN THOUSANDS OF DOLLARS STATUTORY BASIS $ 282,262 276,399 2,504,531 327,922 431,494 17,982 135,293 36,848 23,884 8,360 4,044,975 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses Unearned Premiums Accrued Expenses Non-Admitted Reinsurance Dw~dends Payable to Pohcyholders Loss Portfolio Transfer Other Llabd~hes $3,175,049 897,659 87,700 37,713 24,287 (150,420) 170,898 TOTAL LIABILITIES 4,242,886 Investments m Afhhates Wgdant Insurance Company Great Northern Insurance Company Pacdlc Indemmty Company Bellemead Development Corporahon CC Canada Holdings Ltd Other Afhhates Cash Net Premiums Receivable Reinsurance Recoverable on Prod Losses Other Assets TOTAL ADMITTED ASSETS 237,865 Capital Stock 82,604 Pa~d-ln Surplus 389,790 401,476 Unassigned Funds 97,413 Unreahzed Apprec~ahon of Investments 64,450 24,501 SURPLUS TO POLICYHOLDERS 412,121 20,042 137,779 TOTAL LIABILITIES AND SURPLUS $5,913,016 TO POLICYHOLDERS Investments are valued ~n accordance w~th requirements of the Nahonal Association of Insurance Commissioners Investments valued at $15,657 are deposited wdh government author~hes as required by law 13,987 472,986 767,742 415,415 1,670,130 $5,913,016 NOTARIAL ACKNOWLEDGEMENT CITY OF WARREN, STATE OF NEW JERSEY, ss On this. 13th day of May 19 93 , before me personally came Dorothy Kern to me known, who, being by me duly sworn, d~d depose and say that he ~s an Attorney-~n-Fact of the FEDERAl INSURANCE COMPANY, the Corporation descnbed m and whtch executed the annexed ~nstrument, that he knows the corporate seal, that ~t was so afhxed by order and authonty of the 8oard of D~rectors of sa~d corporahon, and that he s~gned h~s name thereto by hke order and authority Nolanal Seal Acknowledged and Sworn to before me on the date above wr,tten Notary Pubhc STATE OF NEW JERSEY County of Somerset ss CERTIFICATION I the undersigned As,~stant Secrelary of the FEDERAL INSURANCE COMPANY, do hereby cerhfy Ihal the following m a Irue excerpt from Ihe By Laws of lhP said Company as adopted by ~ts Board of D~reclors on March 2, 1990 and that th~s By Law ~s m full force and effect ARTICLE XVIII Sechon 2 All bonds, undertakings, contracts and other Instruments other than as above for and on behalf ot the Company whmh ~t ~s authorized by law Or ~t'~ charter to execute may and shall be executed m the name and on behalf of the Company e~ther by the Chairman or lhe Vine Chairman or the President or a V~ce President, iomlly w~th Ihe Secretary or an Assistant Secretary under their respective des~gnat,ons except that any one or more ofhcers or attorneys-m-fact designated ~n any resoluhon of the Board of D~rectors or the Executive Committee, or m any power of allorney executed as prowded for m Section 3 below, may execute any such bond, undertaking or other obhgahon as prowded m such resoluhon or power of attorney Sechon ~ All powers of attorney for and on behalf of the Company may and shall be executed ~n the name and on behalf of the Company e~ther by the Chairman or the V~ce Chairman or the President or a V~ce President or an Assistant V~ce President iomlly w~th the Secretary or an Asmstanl Secretary under their respechve des~gnahons The s~gnature of such ofhcers may be engraved printed or hthograph ed The s~gnature of each of the following ofhcers Chairman V~ce Chairman, President any Vice President any Assistant V~ce President any Secretary any Assistant Secretary and the seat of the Company may be afhxed by facs~mde to any power of attorney or to any certlhcate relahng thereto appointing Assmtant Secretanes or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other wntmgs obhgalory ~n lhe nature thereof and any such power of allorney or cerhhcale bearing such facslmde s~gnalure or facs~mde seal shall be valid and binding upon the Company and any such power so executed and cert. d~ed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached I further cerhfy that smd FEDERAL INSURANCE COMPANY is duly hcensed to transact hdehty and surety business in each of the States of the United States of Amenca D~sfnct of Columbia, Puerto Rico, and each of the Prownces of Canada w~lh the exception of Pnnce Edward Island and ~s also duly hcensed to become sole surety on bonds, undertakings etc, permdled or required by law I the unders,gned Assistant Secrelary of FEDERAL INSURANCE COMPANY, do hereby cerbfy that the Iorego~ng Power ol Atlorney ~s ~n full force and effect G~ven under my hand and the seal of smd Company at Warren, N J, this 13th May 93 day of 19__ R~chard D O Connor Assistant Secretary Form 15 10 0144 (Rev 7-92) N Y REG MAIL AFFIDAVIT FOR LOST SECURITIES · · ' - New 'fork ~'"ATE OF" '} ADDITIONAL AFFIDAVITS BY PERSONS HAVING KNOWLED~I . COUNTY OF Kings' ~ S.S. OF THE LOSS, THEFT OR DESTRUCTION MAY BE SUBMITTE l, ~lomas A. White being duly sworn:de_po~ .an~,s_ay that I reside a ~he Chase Manhattan Bank~ N.A., 4 Chase Metrotech Center, Brooklyn, NY 1. That on or about 12/30 (G,vE CO,~P~ET. 19 ~Z. , the following described instrument(s) was (were) lost, stolen o destroyed, namely. Issuer City of Virginia Beach Descrlpuonof[nstrument(s) Public Improvement Bond Series 1977~ dated 12/1/77, due date 10/1/96, Rate 5% cusip #927736VM7 coupon #30 only @ $125.00 total $1,250.OO No.(s): 2836,2873-79, 2986-87 Coupons only from above due 10/1/92 Registered m the name of Bearel with coupons attached maturing on or after That the cu'cumstances In connection with such loss, theft or destruction are as follows (NOTE: HERE INSERT OR ATTACH DETAILED STATEMENT OF' CIRCUMgTANCE.q INCLUDING DETAIL.q OF WHERE AND HOW SAID INgTRUMENT(S) WAg (WERE) KEPT ) ~he aforementioned coupons were fo~-warded to Republic Bank, Richmond, T~.xas. Ihey retu_~ned the coupons via Registered Mail. ~he coupons are presumed to be lost, stolen, destroyed or misplaced on our premises. tv.! :hat 1 l~ve no %°hz': k, .~wledge or mformanor as to the present whereabouts of such ms,rument(s}. That the siDle owner of smd lost, stolen or destroyed instrument(s) Is (A) Myself, individually. ts) The Chase Manhattan Bank, N.A. (c) laws of the State of New York 4 Chase Metrotech Center, Brooklyn, N.Y. officer, to wit, the Vice President (D) name and having Its pnnclpal business address at that I am one of the general partners of said firm. Other , a corporation duly organized under ti,, having sis principal office and business ad&ess .~ and that I am an execut. ~ of said corporation; · a co-partnership doing business under th,~ 4. TFsat sa~d instrument(s) was (were) tSTR~E OUT WHICHF. Vs'R OF THE FOLi. OWlHG ARE INAPPI. ICA~ILIr) (A) In bearer form and not registered e~ther as to principal or Interest; (B) Not Indorsed or assigned by the reg~tered owner, (C} Indorsed or assigned by the registered owner m blank, or as follows: I nat t,ie o~ ncr m,:ntIoned In para~aph 3 hereof acqu~ed said ms~ument(s) on or .bout 12/24 19 ~2 from ~k ~. ~l~a~ee N.A. by p~cha~, and pi{d ther. for th. fall mark.~ wl~ (or, ~F _. ~lwa~ed. Wi. otne~ acqu~e~ here state ~eta~ed c~cumstan~s of acqmsmon): 6. That I have made or caused to be made a ddigent search for smd instrument(s) and have been unable to £md or recover same; that except above specifically statednelthersaldmstrument(s)nor any Interest thereto has been sold· assr, ned, indorsed, transferred, deposited under agrccment, hypothecated, pawned, pledged for any bank or brokerage loan or otherwise, or disposed of m any manner by or on behaff of said owner, that neither said owner nor anyone on his or Its behalf has signed any power of attorney, aiW stock power· or other assq~nment or authorlzatlo, respecting the same which cs now outstanding and m force; and that no person, firm or corporation has any rq~ht, title, claim, equity, or interest in, or respecting said instrument(s), excepting the sole owner above mentioned. 7. That th~s Affidavit ss made and the accompa, nymg bond of indemnity Is g~veq for the purpose of reducing the issuance of new or duphcat~ e- ms'rumen~ls/ ..~ he~ of and hi sub·cirunon or in excaange for sa:g lo.r, stele.-', or dis toyed msr.-.me.:t(s) without requ,.r.ag the surrender of the original(s), or the payment· delivery, exchange, or credit in respect of such original(s) without such surrender. 8. If such new or duplicate instrument(s) Is (are) so Issued, countersigned and registered, or such payment, delivery, exchange or credit Is mag In respect of such original(s), then it Is understood and I do hereby agree onbehalf of the above mentioned owner that if said lost instrument(s) come(s into the hands, custody or power of said owner, he or it will deliver or cause the same to be delivered to The Chase Manhattan Bank· N.A., in order to be cancelled. su~s~am~r, ~.o swo...o ~O.E ~ ..,s~?' MY ~O~MI.~$1ON r-XPIR,=S 'v//°~/~%7~ / -,:' ~ SEA t OF NOTA~ ' ,--UBt C LEGAL 51 REV 7-71 OTC,3-77 ,/ , 19 .., ~ // ,, .... Ur.V~T I~l~liMBPl~ir~ R ~/pu a L lC ~ry Pub/l~, Ste~e of New York _ No, ~228 _ Q~allfled In Kings Coun~ ~lsslon Expires Sept. 28, 1~4 Thomas A. White Vice President - 16 - Item III- G. 4. CONSENT AGENDA ITEM # 37029 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to authorize acquisition of temporary and perpetual uttlity easements, either by agreement or condemnation: a. Lakeville Estates Water Project (KEMPSVILLE BOROUGH) North Seaboard Road Sewer Project (PRINCESS ANNE BOROUGH) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazter, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lantetgne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND PERPETUAL UTILITY EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION FOR LAKEVILLE ESTATES WATER PROJECT WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the acquisition of temporary and perpetual utility easements for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1- 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code of Virginia of 1950, as amended, temporary and perpetual utility easements, as shown on the plan entitled "PROPOSED CONDEMNATION" "Lakeville Estates C.I.P. 5-080 4/23/93 1'=700'," the plan being on file in the Department of Public Utilities, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the city of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said easements. Adopted by the Council of the City of Virginia 13 day of 3uly , 1993. Beach, Virginia, on the CA-5136 NONCODE\5135.ORD R-! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AUTHORIZE ACQUISITION OF TEMPORARY AND PERPETUAL UTILITY EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION FOR NORTH SEABOARD ROAD SEWER PROJECT WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the acquisition of temporary and perpetual utility easements for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.1- 236, et seq., 15.1-898, 15.1-899, and Title 25-46.1 et seq., Code of Virginia of 1950, as amended, temporary and perpetual utility easements, as shown on the plan entitled "PROPOSED CONDEMNATION" "NORTH SEABOARD RD. C.I.P. 5-306 4/23/93 1'=250'," the plan being on file in the Department of Public Utilities, Virginia Beach, Virginia. Section 2. That the city Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said easements. Adopted by the Council of the City of Virginia Beach, Virginia, on the CA-5136 NONCODE\5136.ORD R-1 13 day of 3uly , 1993. APPROV;ED AS TO CONTENTS jT- /' SIGNATURE APPROVED AS T,~ LEGAL -17- Item III-G.5. CONSENT AGENDA ITEM # 37030 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the State Department of Environmental Quality, Waste Division re purchase of Emergency Information System Software (EIS/C) and providing support to the Local Area Planning Committee (LEPC). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $10,000 GRANT FROM THE STATE DEPARTmeNT OF ENVIRON~AL QUALITY, WASTE DIVISION TO PROVIDE FUNDING FOR EMERGENCY INFORMATION SYSTEM SOFTWARE AND ASSOCIATED COSTS WHEREAS, the State Department of Environmental Quality, Waste Division has provided the Local Area Planning Committee a $10,000 grant to be utilized in enhancing the regions ability to react in an emergency situation; WHEREAS, this grant will be utilized to purchase Emergency Information System Software as well as to provide logistic support to the committee in terms of printing and staff time (on an overtime basis ); WHEREAS, there is no required local match. 10 11 12 13 14 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the $10,000 grant from the Commonwealth of Virginia Environmental Quality, Waste Division be accepted and appropriated for the purpose of purchasing software and providing support to the Local Area Planning Committee. 15 16 17 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be increased to reflect the receipt of the $10,000 grant from the Department of Environmental Quality, Waste Division. 18 19 the 13 Adopted by the City Council of the City of Virginia Beach on day of July , 1993. Approved as to Content alter-C. Krae~, Jr. Deputy Director Management and Budget CRW-C \OB94\FDGRANT1 ORD RICHARD N BURTON DIRECTOR COMMONWEALTH of V2 RCsiNiA DEPARTMENT OF ENVIRONMENTAL QUALITY SENT BY FEDERAL EXPRESS (8O4) 225-2667 TDD (804) 371-8737 MEMORANDUM TO' Lt. Bob Mattice Norfolk LEPC Mr. Mark Marchbank Virginia Beach LEPC FROM: Mr. Don Brown Portsmouth LEPC Cathy L. Harris,~Ph.D., Environmental Program Manager SARA Title III DATE-. May 19, 1993 SUBJECT: U.S. EPA Grant/Scope-of-Work Contract Enclosed is a highlighted draft of the proposed Scope-of-Work and Contract with your respective local government/LEPC. Please review this document and let me know of any necessary changes as soon as possible. If you have no changes, please also call, so that the final copy can be forwarded to you for your City Manager to sign, and return to the Department. Thank you for your cooperation. talking to you, again soon. I will look forward to Enclosure James Monroe Building, Eleventh Floor · 101 North Fourteenth Street · R~chmond, V~rg~ma 23219 COMMONWEALTH OF VIRGINIA STANDARD CONTRACT Contract Number: This contract entered into this day of 19 by the City of Virginia Beach/Virginia Beach Local Emergency Planning Committee hereinafter called the "Contractor" and the Virginia Department of Environmental Quality, Waste Division, called the "Purchasing Agency". WITNESSETH that the Contractor and the Purchasing Agency, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: SCOPE OF CONTRACT: The Contractor shall provide the goods/services to the Purchasing Agency as set forth in the Contract Documents. PERIOD OF PERFORMANCE: 30, 1993. From June 1, 1993 through September The contract documents shall consist of: (1) This signed form; (2) Scope of work entitled, "Innovative Title III Technical Projects Grant, a U.S. Environmental Protection Agency funded project, agreement between the Virginia Department of Environmental Quality, Waste Division, and three Virginia Local Emergency Planning Committees: the City of Norfolk, Virginia; the City of Virginia Beach, Virginia; and, the City of Portsmouth, Virginia". IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed intending to be bound thereby. CONTRACTOR: PURCHASING AGENCY: By: By: James K. Spore William L. Woodfin, Jr. Title: City Manager Deputy Director of Operations The City of Virginia Beach, Virginia Department of Virginia Environmental Quality Date: Date: DRAFT $~ope of Work Innovative Title III Technical Projects Grant a U.S. Environmental Protection ~qenoy funded project aqreement between the Virginia D~partment of Environmental Oualit¥, WaSte Division an~ three Virqinia Local Emergency Planninq Committees: The City of Norfolk, Virginia The City of Virginia Beach, Virginia The City of Portsmouth,.Virginia Contract/Letter of Aqreement Name, Address, a~d Telephone Number of the Person Authorized to Sign the Contract/Letter of Agreement for each City/Local Emergency Planni~ Committee, each ,,co~tractor,,. and the Grant A~ministrator: The City of Norfolk/Norfolk Local Emergency Planning Committee Mr. James B. Oliver, Jr. City Manager The City of Norfolk Norfolk City Hall 810 Union Street Norfolk, VA 23510 Grant Administrator-. Mr. Sterling B. Cheatham Director of Finance Norfolk City Hall, Room 1003 810 Union Street Norfolk, VA 23510 (804) 441-5145 FAX: 441-1218 (804) 441-5206 FAX 441-5403 The City of Virginia Beach/Virginia Beach Local Emergency Planning Committee Mr. James K. Spore City Manager The City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Grant Administrator: Ms. Patricia Phillips Director of Finance Municipal Center Virginia Beach, VA 23456 (804) 427-4242 FAX: 426-5665 (804) 427-4681 FAX 426-4135 The City of Portsmouth/Portsmouth Local Emergency Planning Committee Mr. V. Wayne Orton City Manager The City of Portsmouth P.O. Box 820 801 Crawford Street Portsmouth, VA 23705 Grant Administrator: Mr. J. Peter Teig Director of Finance P.O. Box 820 801 Crawford Street Portsmouth, VA 23705 (804) 393-8641 FAX: 393-5241 (804) 393-8831 FAX: 393-5230 DRAFT Name Address and Telephone Number of the person Authorized to Sign the Contract/Letter of Agreement for the Virqinia Department of EnvironmeDtal Quality. Waste Division, the "Purchasinq Agency", and the Grant Administrator: Mr. William L. Woodfin, Jr. Deputy Director of Operations Virginia Department of Environmental Quality llth Floor, Monroe Building 101 North 14th Street Richmond, VA 23219 (804) 225-2999 FAX: 371-2667 Grant Activities Administrator: Dr. Cathy L. Harris Environmental Program Manager SARA Title III Virginia Department of Environmental Quality 14th Floor, Monroe Building 101 N. 14th Street Richmond, VA 23219 Grant Finances Administrator: Ms. Yvonne Hicks Senior Grants Accountant Administration/Main St. Station Virginia Department of Environmental Quality llth Floor, Monroe Building 101 N. 14th Street Richmond, VA 23219 (804) 225-2631 FAX: 371-0193 (804) 786-5345 FAX: 786-5333 Principal Investigators for Grant/Agreement: · The City of Norfolk/Norfolk LEPC Lt. Robert G. Mattice, LEPC Coordinator 714 Pembroke Avenue Norfolk, VA 23507 (804) 441-2536 FAX: 683-9595 Mr. Mattice has been employed by the City of Norfolk, Department of Fire and Paramedical Services for eighteen years and holds the rank of Fire Lieutenant; he is assigned to the Department's Technical Response Team. Currently serving as Assistant Hazardous Materials Coordinator, he was recently appointed to coordinate activities for the Norfolk LEPC. Mr. Mattice is responsible for organizing various elements of the community in the continuous and ongoing emergency planning process, and provides direct liaison between the LEPC and hazardous materials responders. Mr. Mattice supervises the maintenance of the Department's hazardous materials database, and also is responsible for fulfilling Community Right-to-Know" requests when they are DRAFT received. Mr. Mattice coordinates development of incident response plans to be followed in the event of chemical releases in the City of Norfolk. Staffing and Resources Provided by the City of Norfolk/Norfolk LEPC for the Grant/Agreement Staffing Mr. Mattice will be assisted in his scope of work activities for the grant by Mr. Alan J. Elder and Mr. Brian E. Ivorson, both Hazardous Materials Specialists with the rank of Firefighter, with over five years of service with the Norfolk Department of Fire and Paramedical Services. Both individuals provide: (1) technical support for the Department's: hazardous materials database; (2) documentation support for Community "Right-to-Know" information requests; and, (3) planning support for the incident response plans to chemical release emergencies in Norfolk. Additional technical support also will be provided by Deputy Assistant Fire Chief James Fentress, Hazardous Materials Coordinator for the City of Norfolk. Chief Fentress has been in service with the Norfolk Department of Fire and Paramedical Services for over 21 years, with an extensive background in hazardous materials response, training, and planning. Furthermore, the Administrative Office staff in the Department of Fire and Paramedical Services will provide any required clerical support, with additional computer support available through the City of Norfolk's own Information Services group. Resources The City of Norfolk/Norfolk LEPC will also have the resources of the following available to contribute towards their Contractor grant/agreement activities: Video support through the City's studio-quality video section, to be used for taped presentations; Automated data storage/access for SARA Title III, Section 312, Tier I and II forms filed by the local regulated community; Automated filing of facility chemical storage information to both meet the demands for Community "Right-to-Know" information, and, to advance the chemical incident planning process; and, Computer generated graphics to augment any database presentations. DRAFT The City of Virginia Beach/Virginia Beach LEPC Mr. Mark Marchbank Deputy Coordinator of Emergency Services Virginia Beach Fire Department Municipal Center Virginia Beach, VA 23456 (804) 427-4228 FAX 426-5665 Mr. Marchbank has been employed by the Virginia Beach Fire Department for seventeen years, with the last three spent as the Deputy Emergency Services Coordinator and local contact for the Virginia Beach LEPC. He holds a Master of Public Administration, and, a Master of Urban Studies--- both of which have provided him with the academic background to augment his extensive experience in emergency planning, preparedness, and response, through his local government service, and regional cooperative efforts to promote SARA Title III, Emergency Planning and Community "Right-to-Know" in the Tidewater area. His research and planning skills, computer literacy, and writing ability will be invaluable towards the successful completion of the Contractor's assigned projects. Staffing and Resources Provided by the City of Virginia Beach/ Virginia Beach LEPC Staffing Mr. Marchbank will be assisted by staff'in the Virginia Beach Fire Department. Specifically, Battalion Chief Chase Sargent, a Hazardous Materials Officer, will be supporting the Contractor's grant activities as a co-principal. Chief Sargent--- who has extensive experience as a firefighter, with responsibility for supervising both the Department's Hazardous Materials Response Team, and, the Heavy Search-and-Rescue Team--- will provide technical and planning assistance, as well as liaison with the Virginia Beach Fire Department's Hazardous Materials Team. Besides his years of on- the-line firefighting experience, and training in the handling of hazardous materials incidents, Chief Sargent is a frequent presenter at the Virginia Beach LEPC meetings, and he holds a Master of Public Administration degree. Moreover, the Contractor will also provide the following, additional staffing support: Clerical support will be provided by the Emergency Management Secretary; Planning support will be provided by the Virginia Beach Fire Department's Hazardous Materials Team, including the supervision of Captain Steven May, and designated Haz-Mat DRAFT Firefighters, and Ms. Theresa Lazar, Emergency Planner, will provide additional emergency planning and preparedness technical assistance; Computer support will be provided by the Department's Information Systems group; and, Audio-visual services will be made available for taping of any presentation required, through the Department. Resources The City of Virginia Beach/Virginia Beach LEPC, the Contractor, through the Virginia Beach Fire Department, has two important resources to provide, in fulfillment of the Scope-of- Work: (1) Graphics and Audio-Visual services (equipment, software and operators), including the ability to generate sophisticated audio-visual training materials, such as slides, overheads for a projection screen, and videotapes; and, (2) a Virginia Beach Fire Training Center, with meeting space capacity for 120 people--- classrooms and reception areas, suitable for meetings, workshops, conferences, and training sessions involving the Tidewater grant participants, and/or others involved with this project. The City of Virginia Beach Fire Department has a long-term, important relationship with the Virginia Department of Emergency Services, the Commonwealth agency which sponsors an annual Hazardous Materials Conference in the city of Virginia Beach, Virginia. This annual conference is the expected venue for providing outreach to Virginia's Local. Emergency Planning Committees, and, to Virginia emergency planners and responders, of the results of the grant activity. The City of Portsmouth/Portsmouth LEPC Donald E. Brown, Coordinator Department of Emergency Services and Safety City of Portsmouth P.O. Box 820 601 Crawford Street Portsmouth, VA 23705 (804) 393-8551 FAX: 393-5305 Mr. Donald E. Brown is the Coordinator for the Portsmouth Department of Emergency Services, with extensive experience in emergency planning and preparedness, and a special interest in SARA Title III Emergency Planning and Community Right-to-Know , and in the management of hazardous materials, and planning for chemical release emergencies. He provides staff support to the Portsmouth LEPC, and is the liaison for the City of Portsmouth with the U.S. Coast Guard in Hampton Roads, as well as the point-of-contact for the public concerning chemical release emergency planning, DRAFT preparedness, and response. Staffing and Resources Provided By the City of Portsmouth/ Portsmouth LEPC Staffing Mr. Brown will be supported by his co-principal, Donald Newberry, Chief of the Portsmouth Fire Department. Chief Newberry also is closely involved with the Hazardous Materials Regional Response Team for planning, preparedness and response to chemical release emergencies, and is using SARA Title III, Section 302, 304, 311, 312, and 313 data in the local and regional planning currently being undertaken. Additional support will be provided by the City of Portsmouth/ Portsmouth LEPC through staffing provided by both the Portsmouth Fire Department, and, the Department of Emergency Services and Safety. These support staff include: o Portsmouth Fire Department Charles E. White, Sr., Battalion Chief Chief White has over 29 years of experience as a firefighter, and is Chief Fire Marshall for the City of Portsmouth. He is not only a Hazardous Materials Specialist, but also the Southside Tidewater Regional Hazardous Materials Response Team Leader, and, a member of the Portsmouth Local Emergency Planning Committee. Lee G. Hollomon, Battalion Chief Chief Hollomon has over 19 years of experience as a firefighter, and is the Training Officer and Administrative Coordinator for the Department. He also serves on the Planning Subcommittee for the Portsmouth LEPC. Charles W. Porter, Battalion Chief Chief Porter has 22 years of experience as a firefighter, and is both an Emergency Medical Technician (EMT) Instructor, as well as a Hazardous Materials Response (Haz-Mat) Instructor, and is the Emergency Medical Services Coordinator for the City of Portsmouth. Besides serving on the local and regional councils for EMT/EMS, he also is a member of the Portsmouth LEPC. Janice E. Evans, Executive Secretary DRAFT Ms. Evans has 18 years of secretarial experience, and her professional expertise includes using a wide variety of word processing equipment and software. She currently provides clerical support to Portsmouth LEPC's Planning Subcommittee. Portsmouth D~partment of ~mergency services and Safety Foy M. Lassiter, Day Shift Supervisor Mr. Lassiter is an Emergency Medical Dispatch Instructor and the Portsmouth 911 Supervisor and Acting Training Coordinator for Emergency Services. He has over 19 years of experience and is Co-Chairman for Portsmouth LEPC's Planning Subcommittee. Ms. Doris N. Bailey, Secretary Ms. Bailey is a Secretary in the Department of Emergency Services and Safety with over 15 years of progressively greater responsibility in a wide variety of business settings. She has extensive experience with word processing equipment, and software. She is bilingual, and fluent in both English and Spanish. Resources The City of Portsmouth/Portsmouth LEPC will provide three important resources in support of the grant/agreement: (1) excellent computer hardware and software and a staff familiar with database management; (2) support from the Portsmouth Regional Response Team in analysis of chemical release data for the area; and, (3) in cooperation with both the Norfolk Naval Shipyard and the Tidewater Community College, a Fire Training Academy with audio-visual equipment and technical support capability. Staffing and Resources Provided by the Virginia Department of Environmental Quality, Waste Division SARA Title III Program Staffing Cathy L. Harris, Ph.D., is the Environmental Program Manager for the SARA Title III Program, and she will provide administrative support for the activities of the grant project. Ms. Harris has served the Commonwealth for nearly 16 years, and, during that time, has administered eleven, different state/federal and private foundation grants, totalling one million dollars in funding. Her areas of environmental regulatory expertise include: the Resource Conservation and Recovery DRAFT Act/RCRA, the Virginia Hazardous Waste Management Regulations; and, the SuperfundAmendments and Reauthorization Act (SARA), Title III, the Emergency Planning and Community "Right-to-Know" Act. She is a public speaker for the Virginia Department of Environmental Quality on such subjects as: Small Quantity Generators under RCRA; Household Hazardous Waste Management; and SARA Title III/EPCRA. Mr. C. Roland Owens and Mr. Timothy G. Petrie will provide any additional, technical assistance in Virginia SARA Title III database management to the participating Tidewater TiRPCs in this grant: the Contractors for the City of Norfolk, the City of Virginia Beach, and, the City of Portsmouth. Mr. C. Roland Owens is the Environmental Program Analyst for Section 313/TRI, the Toxics Release Inventory, reported on the Form R; this is the annual July 1st report by nearly 500 Virginia companies who release toxic chemicals to the land, air, and water, or make off-site transfers of such materials. Section 313/TRI data is not required to be reported to LEPCs. Mr. Owens, who is completing his degree in Recreation and Parks Management (with an emphasis on Environmental Studies) at Virginia Commonwealth University (VCU), has outstanding computer skills, and is particularly adept with d-Base IV, the database management software being used in the SARA Title III Program, and with which he has produced the Virginia 1991 Toxic release Inventory Summary Report, for the Virginia Emergency Response Council. He will assist the Contractors in using TRI data in their planning activities. Mr. Timothy G. Petrie is the Environmental Program Analyst for Sections 302, 304, 311, and 312, in particular, the Emergency and Hazardous Chemical Inventory, reported on the Tier II form; this is the annual March 1st report by nearly 6,000 Virginia companies who have inventories of 10,000 pounds or more of a hazardous substance and/or 500 pounds (or less, if specified) of an Extremely Hazardous Substance (EHS). Ail of the Sections managed by Mr. Petrie are required to be reported to LEPCs, and are data typically used by them in their Chemical Emergency Response Plans. Mr. Petrie, who has an undergraduate degree in Political Science and a Master of Urban and Regional Planning degree from VCU, not only has outstanding computer skills in database management, but is familiar with the needs of Virginia local planners, and is advancing a new outreach program for the Commonwealth's 114 Local Emergency Planning Committees. He will assist the Contractors in using Tier II and related databases in their planning activities, and will suggest possibilities for pollution prevention which may assist local business and industry in reducing their toxic chemical emissions to the land, air, and water, as well as reduce their on-site inventories of hazardous Be Interjurisdictional Cooperation DRAFT Noting the geographical characteristics of the Hampton roads area, the LEPC shall actively pursue a close working relationship with those Local Emergency Planning Committees (LEPCs) of jurisdictions surrounding the City of Norfolk in an effort to: i. Share Resources Identify those resources which may be shared between communities in the event of a large-scale chemical release. ii. Coordinate Response Promote more jurisdictions. coordinated response efforts between C. Increase Involvement with the Military Community In view of the role which the military--- particularly the Navy, Coast Guard, and Marine Corps--- serves toward the economic well-being of the area, involvement of the military shall be ardently sought to assist the Norfolk LEPC with hazard identification on military installations, transportation routes, and response plans in which military personnel and resources may be included to assist the locality. D. Direct Benefits to the Local Government and LEPC i. Resources Identified Emergency response resources will be identified through participant involvement. ii. Risk Analysis/Response Planning Risk analysis and response planning projects will be enhanced with the availability of computer-stored hazard data. iii. Regulated Community/Military Facility Input Information input from industry and military sources will be streamlined and become more readily accessible to meet the needs of the community and LEPC members, alike. iv. Pre-incident Planning The Norfolk LEPC will provide the community with comprehensive, pre-incident planning of possible hazardous chemical emergencies at fixed-facilities and on transportation routes. E® Advancement of SARA Title III D AFT The focus of the grant will be to promote community awareness of the content of SARA Title III. By collecting and analyzing data from the local and regional LEPC organizations, the Emergency Planning and Community "Right-to-Know" information can be used to inform and educate Norfolk emergency response personnel as well as the public. F. Planning Difficulties Planning has been difficult in the past because personnel were not available for this effort to be able to acquire and use pertinent data; this grant will be an opportunity for the Department to do so on behalf of the Norfolk LEPC. G. Priority Issue~ i. Identify/Plan for High-Hazards in Transportation The Norfolk LEPC will identify and fnitiate pre-incident planning processes for a chemical release along those high- hazard road, rail, and marine transportation routes which exist within the City of Norfolk. ii. Identify/Plan for High-Hazard Fixed-Facilities The Norfolk LEPC will identify and initiate pre-incident planning processes for a chemical release from high-hazard, fixed-facilities which exist in the City of Norfolk. iii. Involve Military The Norfolk LEPC will request the involvement of military facilities, resources, and personnel, in this hazards identification activity and pre-incident planning process within the City of Norfolk. iv. Regional Planning The Norfolk LEPC will participate in regional Tidewater planning sessions in order to: share hazard data; perform risk area identification; to identify resources for and response to community emergencies involving chemical releases. Scope of Work by the City of Virginia Beach/Virginia Beach LEPC A. Response Planning The Virginia Beach LEPC proposes to acquire copies of the EIS/C software as a planning tool to support Emergency Planning and Community "Right-to-Know" activities, and, to DRAFT assist the City of Virginia Beach Fire Department's Hazardous Materials Team in evaluating: i. Releases of Hazardous Chemicals in Transportation Planning activities would center upon the various transportation corridors to be considered in a chemical release emergency, with special interest being placed upon waterway-based areas. ii. Hazardous Chemical Releases at Fixed-Facilities Because the City of Virginia Beach is largely a residential community in which the most important industry is commercial tourism, the most important fixed-facility sites have already been located, and designated, on the approved Virginia Beach LEPC's SARA Title III, Chemical Emergency Response Plan. However, there will be the opportunity to update the Plan, incorporating any new fixed-facility information into it, and concentrating on greater coordination for emergency planning and preparedness with the local military facilities, such as the Oceana Naval Air Station, the USN/Marine Corps facilities at Little Creek Amphibious Base, and the U.S. Army's Fort Story complex. B. Intergovernmental Coordination Virginia Beach LEPC planning will be oriented towards strengthening existing local/state alTiances, locally and regionally, as well as including federal/military facilities in ongoing Emergency Planning and Community "Right-to-Know" activities. C. Working Relationships with Military Facilities The Virginia Beach LEPC will coordinate with the personnel and resources of the locality's previously identified military facilities, and, will work cooperatively with the U.S. Coast Guard's efforts at oil spill contingency planning throughout Hampton Roads, the Chesapeake Bay, and Mid-Atlantic, through the Coastal Area Committee. D. Direct Benefits to the Local Government and LEPC The grant will directly benefit the City of Virginia Beach/ Virginia Beach LEPC by providing: i. Planning Materials in Support of Hazards Analysis ii. Identification of Key Intergovernmental/Military Emergency Response Participants iii. Vitalization of Local and Regional LEPC activity DRAFT iv. Regional LEPC Contacts VI Increased Coordination with Resources Federal/Military vi. Microcomputer Programs in Support of Chemical Emergency Response Planning vii. Wider Distribution of the Virginia Beach LEPC's Chemical Emergency Response Plan E. Advancement of SARA Title III By focusing on the chemical emergency response planning needs of the City of Virginia Beach/Virginia Beach LEPC, the grant will foster a better understanding of the hazards facing the community: both for emergency planners and responders, and, for the public they serve. In particular, this planning emphasis on waterway-based transportation issues, and the role of military facilities, accurately reflects the challenges before the Tidewater area in addressing the impact of an emergency involving a chemical release. Most especially, the grant provides the opportunity to "vitalize" the efforts of the LEPC, by providing the opportunity for regional meetings and intergovernmental communication. F. Planning Problems As has been the case with other local governments, the City of Virginia Beach/Virginia Beach LEPC has'not had the necessary resources--- staff time, and funding--- available to manage SARA Title III data, and utilize this data for chemical release emergency planning and preparedness. The grant will provide for both of these resources. G. Priority Issues Priority will be given to planning for a chemical release emergency in the following, high-risk areas: (1) transportation corridors; (2) identified fixed facilities; and, (3) military installations. Soope of Work by the City of Portsmouth/Portsmouth LEPC A. Response Planning The City of Portsmouth/Portsmouth LEPC will update the existing, approved SARA Title III, Chemical Emergency Response Plan (hazardous materials annex plans), including development of pamphlet to be distributed to civic associations, libraries, and available at the City's various events, explaining SARA Title III, Emergency Planning and Community II ' II Right-to-Know . This planning will include both fixed facilities as well as transportation corridors, and, will DRAFT emphasize cooperation with federal/military installations, especially the City of Portsmouth's ongoing relationship with the U.S. Coast Guard. B. Interjurisdictional Cooperation The Portsmouth LEPC's planning efforts will promote local, regional, and federal/military governmental cooperation: i. Local Government Besides updating any mutual aid agreements necessary with local governments, the Portsmouth LEPC will share their grant products--- such as the proposed pamphlet--- with interested Tidewater local governments and LEPCs. ii. Regional Government The Portsmouth LEPC will continue to work closely with the Regional Response Team to effectively deal with the problems of planning for chemical release emergencies, especially for high-risk areas along the transportation routes through the City of Portsmouth, as well as Portsmouth's rivers, harbors, and waterfront. The Portsmouth LEPC will upgrade the emergency planning software for the Regional response Team to help them, and the City of Portsmouth to respond more effectively during actual incidents. iii. Federal Government/Military Installations The Portsmouth LEPC will continue to plan for chemical release emergencies at fixed facilities, especially the City of Portsmouth's federal/military installations. iv. State Government The Portsmouth LEPC will cooperate with the Commonwealth of Virginia agencies, especially the Virginia Department of Emergency Response, in planning for a chemical release emergency by: (1) working with City of Portsmouth fixed facilities to update their facility chemical emergency response plans; (2) ensure that these fixed facility plans are fully integrated with the City's Hazardous Materials Annex, and the City's Basic Emergency Operations Plan. C. Increase Military Community Involvement The Portsmouth LEPC will strengthen planning and coordination with the U.S. military installations, thus providing the City of Portsmouth with greater responsiveness in the event of a chemical release emergency, particularly for events occurring on federal/military installations, and, for events occurring on navigable waters. DRAFT D. Direct Benefits to the Local Government and LEPC The City of Portsmouth/Portsmouth LEPC will obtain a number of immediate benefits from participation in the grant, including: Exercising an improved, updated Chemical Emergency Response Plan. ii. Strengthened local, regional, state, and federal/ military relationships for chemical emergency response and preparedness. iii. Support for the Regional Response Team (Haz-Mat). iv. Improved citizen understanding of Emergency Planning and Community "Right-to-Know". E. Advancement of SARA Title III One of the most important aspects of the scope of work for this grant will be that the Portsmouth LEPC enhances public education about SARA Title III, Emergency Planning and Community "Right-to-Know". This will be accomplished by: (1) updating the City of Portsmouth's Chemical Emergency Response Plan; (2) exercising that Plan; and (3) developing a pamphlet for SARA Title III, Emergency Planning and Community "Right- to-Know". The latter in particular will increase the level of understanding by Portsmouth citizens, and encourage their interest and participation in SARA Title III activities, locally. F. Planning Difficulties As with the other LEPCs participating in the grant, the Portsmouth LEPC has needed additional staffing and funding in their chemical emergency planning efforts. Participation in this grant will enable the City of Portsmouth/Portsmouth LEPC to not only build upon existing structures for intergovernmental cooperation by updating Mutual Aid Agreements, but also, where needed, develop such agreements where none now exist--- particularly with federal and military installations. Moreover, the Portsmouth LEPC will have the opportunity to regionalize their local chemical emergency response planning by developing and improving: communications; evacuation capabilities and coordination; and, identification of sheltering capabilities. All of these efforts would have to be coordinated through Tidewater local governments (e.g., Norfolk, Portsmouth, Virginia Beach, Chesapeake), through a variety of Commonwealth agencies (e.g., the Virginia Department of Transportation/VDOT, State Police, Department of Emergency Services, and Virginia Department of Environmental Quality). DRAFT With time, SARA Title III data for Sections 302, 304, 311, and 312 can then be used for such activities as pre-planning. G. Priority Issues Priority issues for the Portsmouth LEPC include: i. Updating the Plan ii. Exercising the Updated Plan iii. Increasing Public Awareness and Involvement Budget Grant Budget from U.S. EPA to Virginia Department of Environmental Ouality Personnel $ 5,626 Fringe Benefits $ 1,575 Travel $ 256 Equipment $ 0 Supplies $ 133 Contractual $30,000 Construction $ 0 Other $ 97 TOTAL DIRECT CHARGES $37,687 TOTAL INDIRECT COSTS (Rate: 41.11% Base: of Salaries & Wages) $ 2,313 TOTAL GRANT $40,000 The SARA Title III Program for the Virginia Department of Environmental Quality will receive no funding from the U.S. Environmental Protection Agency; rather, VDEQ is the Commonwealth agency providing $10,000 in matching funds for the $30,000 in Contractual agreements to the three, participating Tidewater T,~PCs of Norfolk, Virginia Beach, and Portsmouth, each of which will receive $10,000. The SARA Title III Program will provide both administrative and technical assistance to the grant participants, including forwarding required reports to U.S. EPA. The City of Norfolk/Norfolk LEPC Budget Personnel $ 4,800 Fringe Benefits $ 0 Travel $ Z00 Equipment $ 0 Supplies $ 4,000 Other $ 300 7O0 Emergency Information System Software (EIS/C) Printing Meeting Support TOTAL DIRECT CHARGES TOTAL FROM GRANT $10,000 DRAFT The City of Virginia Beach/Virginia Beach LEPC Budget Personnel $ 5,000 Fringe Benefits Travel $ 0 Equipment $ 0 Supplies $ 4,000 Other $ 500 5OO TOTAL DIRECT CHARGES TOTAL FROM GRANT $10,000 Emergency Information System Software (EIS/C) Printing Meeting Support The City of Portsmouth/Portsmouth LEPC Budget Personnel $ 2,656 Fringe Benefits $ 805 Travel $ 200 Equipment $ 0 Supplies $ 4,000 Other $ 2,039 300 TOTAL DIRECT CHARGES 31% of Salary & Wages Emergency Information System Software (EIS/C) Printing' of Pamphlet Postage for Distribution of Pamphlet TOTAL FROM GRANT $10,000 All grant expeDditures will be reimbursed to the participatinq LEPC, fro~.the Virqinia Department of Environmental Ouality, as billed bY the local government, for th~ pre-approved activities~ salaries/benefits of identified Personnel, and/oF travel and supplies and other required, documented purchases, as specified in the Scope of Work and in the Letter of Agreement/Contract between the DeDartment as the PurchasiDg Agency and each of the ~ontractors for the Tidewater LEPCs of Norfolk, Virginia Beach, and Portsmouth, Expenditures cannot be billed in advance of services received. Timelines The city of Norfolk/Norfolk LEPC Timeline for Grant Activities May, 1993 Organizational Meetings with the Virginia Beach and Portsmouth LEPCs, in preparation to begin Grant Activities, including the review of Final Draft of Letter of Agreement and Scope-of-Work with VDEQ. DRAFT June, 1993 Comparison of the Chemical Emergency Response Plans in Norfolk, Virginia Beach and Portsmouth. Identification of Needs, Resources, and Opportunities for Inter- Governmental Cooperation with local, regional, state, and federal (military) groups. Contact Virginia Department of Emergency Services regarding having a presentation at the Annual Hazardous Materials Response Conference in Virginia Beach. July, 1993 Analysis of Data/Planning Purchase and Use of EIS/C. Efforts. August, 1993 Review/Documentation of Updated Chemical Emergency Planning. September, 1993 Joint LEPC Meetings, Final Report and Presentation at the Annual Hazardous Materials Response Conference in Virginia Beach. The City of Virginia Beach/virginia Beach LEPC Timeline for Grant Activities May, 1993 Organizational Meetings with the Norfolk and Portsmouth LEPCs, in preparation to begin Grant Activities, including the review of the Final Draft of Letter of Agreement and Scope-of-Work with VDEQ. June, 1993 Comparison of the Chemical Emergency Response Plans in Norfolk, Virginia Beach and Portsmouth. Identification of Needs, Resources, and Opportunities for Inter- Governmental Cooperation with local, regional, state, and federal (military) groups. Contact Virginia Department of Emergency Services regarding having a presentation at the Annual Hazardous Materials Response Conference at Virginia Beach. July, 1993 Analysis of Data/Planning Purchase and Use of EIS/C. Efforts. August, 1993 Review/Documentation of Updated Chemical Emergency Planning. September, 1993 Joint LEPC Meetings, Final Report and Presentation at the Annual Hazardous Materials Response Conference in Virginia Beach. DRAFT The City of Portsmouth/Portsmouth LEPC Timeline for Grant Activities May, 1993 Organizational Meetings with the Norfolk and Virginia Beach LEPCs, in preparation to begin Grant Activities, including the review of the Final Draft of the Letter of Agreement and Scope-of-Work with VDEQ. June, 1993 Comparison if the Chemical Emergency Response Plans in Norfolk, Virginia Beach and Portsmouth. Identification of Needs, Resources, and Opportunities for Inter- Governmental cooperation with local, regional, state, and federal (military) groups. Contact Virginia Department of Emergency Services regarding having a presentation at the Annual Hazardous Materials Response Conference in Virginia Beach. July, 1993 Analysis of Data/Planning Efforts. Purchase and Use of EIS/C. August, 1993 Review/Documentation of Updated Chemical Emergency Planning. Printing of the SARA Title III, Emergency Planning and Community "Right-to-Know" Pamphlet. September, 1993 Joint LEPC Meetings, Final Report and Presentation at the Annual Hazardous Materials Response Conference in Virginia Beach. Deliverables for the Grant Each of the Contractors, the three Tidewater LEPCs, will have certain deliverables which must be completed by September 30, 1993: City of Norfolk/Norfolk LEPC Grant Deliverables 1.) An updated SARA Title III Chemical Emergency Response Plan for the Norfolk LEPC; 2.) Demonstrable improvement to planning and preparedness for a chemical release emergency in the City of Norfolk, including a briefing for Norfolk LEPC members; 3.) A regional contribution towards chemical emergency planning and preparedness--- specifically, sponsoring a joint LEPC Meeting for the Tidewater area; 4.) A written report of publishable quality to describe the grant activities by Norfolk and their applicability elsewhere; DRAFT 5.) An oral presentation of the grant activities by Norfolk to an appropriate audience--- such as the Annual Hazardous Materials Response Conference, in Virginia Beach, September, 1993; and, 6.) A videotape of the Norfolk presentation with eleven copies made for grant-specified distribution. City of Virginia Beach/Virginia Beach LEPC Grant Deliverables 1.) An updated SARA Title III Chemical Emergency Response Plan for the Virginia Beach LEPC; 2. ) Demonstrable improvement to planning and preparedness for a chemical release emergency in the City of Virginia Beach, including a briefing for Virginia Beach LEPC members; 3.) A regional contribution towards chemical emergency planning and preparedness--- specifically, use of an extensive audio-visual capability and a training facility at the Virginia Beach Fire Training Center. 4.) A written report of publishable quality to describe the grant activities by Virginia Beach and their applicability elsewhere; 5.) An oral presentation of the grant activities by Virginia Beach to an appropriate audience-=- such as the Annual Hazardous Materials Response Conference in Virginia Beach, in September, 1993; and, 6.) A videotape of the Virginia Beach presentation, with eleven copies made for grant-specified distribution. City of Portsmouth/Portsmouth LEPC 1.) An updated SARA Title III Chemical Emergency Response Plan for the Portsmouth LEPC; 2.) Demonstrable improvement to planning and preparedness for a chemical release emergency in the City of Portsmouth, including a briefing for Portsmouth LEPC members; 3.) A regional contribution towards chemical emergency planning and preparedness--- specifically, preparation of a pamphlet on SARA Title III, Emergency Planning and Community "Right-to-Know" for public distribution; 4.) A written report of publishable quality to describe the grant activities by Portsmouth and their applicability elsewhere; DRAFT 5.) An oral presentation of the grant activities by Virginia Beach to an appropriate audience--- such as the Annual Hazardous Materials Response Conference in virginia Beach, in September, 1993; and, 6.) A videotape of the Virginia Beach presentation, with eleven copies made for grant-specified distribution. - 18 - Item III-G. 6. CONSENT AGENDA ITEM # 37031 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $15,000 in Federal Emergency Management Agency (FEMA) funds re training requirements for the Fire Department's Urban Search and Rescue (USAR) Task Force. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert K~ Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 AN ORDINANCE TO APPROPRIATE $15,000 IN FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FUNDS TO SUPPORT TRAINING REQUIREMENTS FOR THE URBAN SEARCH AND RESCUE (USAR) TASK FORCE WHEREAS, the Virginia Beach Fire Department has been selected as one of twenty-five Urban Search and Rescue task forces in the Country; WHEREAS, this designation requires that task force personnel receive annual training in order to maintain skill levels; WHEREAS, the Federal Emergency Management Agency (FEMA) reimburses the City for all costs associated with such training. 10 11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $15,000 be appropriated for the purpose of providing training to the Fire Department's Urban Search and Rescue Task Force. 12 13 14 BE IT FURTHER ORDAINED, that estimated revenues from the Federal Government be increased to reflect the receipt of the $15,000 from the Federal Emergency Management Agency. 15 16 Adopted by the City Council of the City of Virginia Beach on 13 July the day of , 1993. I II APFROVED AS TO L "~' ' ...... '. '~: ~' " CRW-C \OB94\FDGRANT20RD Approved as to Content Deputy Director Management and Budget - 19 - Item III-G. Z CONSENT A GEND,4 ITEM # 37032 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to APPROPRIATE $3,700 to the Department of Agriculture re abatement of environmental damage to, or restoration of, Wetlands in the City of Virginia Beach Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K, Dean, Louis R. Jones, Paul J Lantetgne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ORDINANCE TO APPROPRIATE $3,700 TO THE DEPARTMENT OF AGRICULTURE FOR THE ABATEMENT OF ENVIRONMENTAL DAMAGE TO, OR RESTORATION OF WETLANDS IN THE CITY OF VIRGINIA BEACH. WHEREAS, the Wetlands Board of the City of Virginia Beach has ordered the imposition of civil charges in connection with violations of the Wetlands Zoning Ordinance of the City of Virginia Beach and has collected the cumulative sum of $3,700 in civil charges and deposited said monies with the City Treasurer; and WHEREAS, Section 28.2-1320 of the Code of Virginia 1950, as amended, and as incorporated by reference in Section 1418 of the City Zoning Ordinance, provides that civil charges imposed for the violation of any provision of the Wetlands Act (Sections 28.2- 1300 - 28.2-1320) or violations of any Commission or wetlands board notice, order, rule, regulation or permit condition may be directed to be paid into the treasury of the county, city, or town in which the violation took place for the purpose of abating environmental damage to, or the restoration of wetlands therein; and WHEREAS, there are available revenues deposited with the City Treasurer, the sum of $3,700 for the abatement of environmental damage to, or the restoration of wetlands; and WHEREAS, the Department of Agriculture is tasked with the administration of funds collected in accordance with Section 28.2- 1320. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: That the sum of $3,700 is hereby appropriated to the Department of Agriculture for the abatement of environmental damage to, or the restoration of wetlands in the City of Virginia Beach as directed by the Director of Agriculture. 34 35 36 37 38 39 40 41 42 43 44 this Adopted by the Council of the City of Virginia Beach, Virginia 13 day of July , 1993. A MAJORITY VOTE OF ALL THE MEMBERS OF COUNCIL IS REQUIRED. CA-5213 Ordin\Noncode\Wetlands. Ord 07/06/93 ~i~P .,~VEI)' ~ TC~ CONTENTS SIGNATURE" DEPARTMENT APPROVED AS TO LEGAL J::ITY ~i,T~TORN F.~ - 20 - Item IH-G.8. CONSENT ,4 GEND,4 ITEM # 37033 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ,4CCEPT and `4PPROPRIATE a $21,924 Grant from the Virginia Chesapeake Bay Local Assistance Department; and, TRANSFER $12,544 from the FY 1993-1994 Reserve for Contingencies to the Department of Planning for a required cash match for a full-time Environmental Planner I positton. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $21,924 FROM THE VIRGINIA CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT AND TO TRANSFER $12,544 AS A GRANT MATCH FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local 7 Assistance Department has provided a grant in the amount of $21,924 to support the 8 continuation of a temporary position for one year's duration to carry out day to day oversight 9 and educational work of the City of Virginia Beach Chesapeake Bay Preservation Area 10 Program; 11 WHEREAS, this grant requires a cash match of $12,544 which is available in 12 the FY 1993-1994 General Fund Reserve for Contingencies in resources approved by the 13 Council for the match; 14 WHEREAS, the work to be provided through these resources are considered 15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $21,924 grant be accepted from the 18 Commonwealth of Virginia, and be appropriated to the Department of Planning for 19 Chesapeake bay Preservation work, and that estimated Revenue from the Commonwealth be 20 increased by $21,924. 21 BE IT FURTHER ORDAINED that $12,544 be transferred from the FY 1993- 22 1994 Reserve for Contingencies to the Department of Planning for a required cash match 23 for the grant. 24 BE IT FURTHER ORDAINED that a full time temporary position be 25 continued within the Department of Planning to carry out the work of this grant. 26 27 28 This ordinance shall be effective from the date of its adoption. Adopted the~13 day of July , 1993, by the Council of the City of Virginia Beach, Virginia. APPROVED AS TO CONTENT Dept of Managernont and Budget - 21 - Item III-G. 9. CONSENT AGENDA ITEM # 37034 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $35,578 Grant from the State Department of Criminal Justice Services; and, TRANSFER $11,859 from the General Fund Reserve for Contingencies to the Virginia Beach Police Department re enhancing street level narcotics enforcement through acquisition of specialized surveillance and communications equipment Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: None July 13, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $35,578 GRANT FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO TRANSFER $11,859 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF ADDRESSING STREET LEVEL NARCOTICS ENFORCEMENT WHEREAS, the Virginia Beach Police Department's program to address street level narcotics enforcement has resulted in increased drug related arrests in target neighborhoods and other areas of the City and because of this the Department of Criminal Justice Services is providing a fourth year grant to continue this enforcement effort; WHEREAS, these funds will be used to purchase specialized surveillance and communications equipment; WHEREAS, there are sufficient funds available in the General Fund reserve for contingencies to provide for the required cash match. 10 11 12 13 14 15 16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $35,578 grant from the Department of Criminal Justice be accepted and appropriated and that the required cash match of $11,859 be transferred from the General Fund Reserve for Contingencies for the purpose of enhancing street level narcotics enforcement through the acquisition of specialized surveillance and communications equipment. 17 18 19 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be increased to reflect the receipt of the $35,578 grant from the Department of Criminal Justice Services. 20 21 the 13 Adopted by the City Council of the City of Virginia Beach on July day of , 1993. Approved as to Content APPROVED,'." Deputy Director i ~' ~ ,,, Management and Budget ~{~~ CRW-C \OB94\PDGRANT1 ORD - 22 - Item III-G. I O. CONSENT AGENDA ITEM # 37035 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED, AS CORRECTED: Ordinance re Closed Circuit Television System operated by the Virginia Beach Police Department at the Oceanfront' a. ACCEPT and ,~PROPRIATE a $10,000 donation from C-ortner, Virginia Beach Hotel/Motel Association; b. TRANSFER $60,000 from the DEA Seized Property Special Revenue Fund Reserve for Contingencies; c. TRANSFER $80,000 from the General Fund-Public Safety Technology Reserve. Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE A $10,000 DONATION FROM THE VIRGINIA BEACH HOTEL AND MOTEL ASSOCIATION; TO TRANSFER $60,000 FROM THE DEA SHARED ASSETS FUND AND $80,000 FROM THE GENERAL FUND FOR A CLOSED CIRCUIT TELEVISION SYSTEM AT THE OCEANFRONT WHEREAS, the Police Department has been evaluating closed circuit television systems for use at the oceanfront as a method of increasing patrol capabilities during major holidays and events, WHEREAS, such a system would allow the department to monitor various areas of the oceanfront from a central location and would allow police to respond as needed with additional crowd and traffic control personnel as well as provide a video taped record, WHEREAS, this system will provide a sense of increased security for merchants, hotel owners, citizens, and tourists, 10 11 12 13 14 15 WHEREAS, recognizing these benefits, the Virginia Beach Hotel and Motel Association has provided a $10,000 donation to help defray the costs of such a system with the remaining funding to come from the following sources: $60,000 from DEA Seized Property Special Revenue Fund and $80,000 General Fund-Public Safety Technology Reserve. 16 17 18 19 20 21 22 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City accept and appropriate the $10,000 donation from the Virginia Beach Hotel and Motel Association; that $60,000 be transferred from the DEA Seized Property Special Revenue Fund-Reserve for Contingencies; and $80,000 be transferred from the General Fund-Public Safety Technology Reserve for acquiring a closed circuit television system for the oceanfront. 23 24 BE IT FURTHER ORDAINED, that FY 1993-94 estimated revenues be increased by $10,000. 25 26 Adopted by the City Council of the City of Virginia Beach, Virginia on 13 day of 3uly , 1993. CRW-C \ob94\PDSURVEL ORD - 23 - Item III-G. 11. CONSENT AGENDA ITEM # 37036 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED: Ordinance to TRANSFER $30,000 from the FY 1993-1994 Operating Budget General Fund Reserve for Contingencies re repair of concrete driveways at the Kempsville Fire Station. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. None July 13, 1993 AN ORDINANCE TO TRANSFER $30,000 FROM THE FY 1993-94 OPERATING BUDGET GENERAL FURD RESERVE FOR CONTINGENCIES TO REPAIR THE CONCRETE DRIVEWAY AT THE KEMPSVILLE FIRE STATION WHEREAS, the Kempsville Fire Station provides fire and rescue coverage for the Kempsville area, WHEREAS, there has been significant damage of the concrete driveways both in front and behind the station, resulting in limited entrance and egress to the station for the fire and Emergency Medical Service vehicles, WHEREAS, it is estimated to cost $50,000 to make the necessary repairs, $20,000 is currently available within the FY 1993- 94 Operating Budget for the Fire Department. 10 11 12 13 14 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $30,000 be transferred from the General Fund Reserve for Contingencies to provide the remaining funds needed to repair the concrete driveways at the Kempsville Fire Station. 15 16 Adopted by the City Council of the City of Virginia Beach, Virginia on 13 July day of , 1993. A~P~-~OVED AS TO LEGAL SUFFICIEHCY Approved as to Content Deputy Director Management and Budget - 24 - Item III-G. 12. CONSENT AGENDA ITEM # 37037 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Ordinances authorizing temporary encroachments: a, Into a portion of the City's right-of-way of Shore Drive to the United States of America, Department of the Navy re maintaining a brick and cedar prtvacy fence at Wellings Court to Joslin Street with an encroachment into the right-of-way on Shore Drive (BAYSIDE BOROUGH). Into City's property known as Lynnhaven Municipal Marina to Warner Athey re maintaining a timber walkway at Vista Circle at Long Creek (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the city. 2. The owner agrees, in so far as Federal law allows, to keep and hoM the City of Virginia Beach free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SHORE DRIVE TO UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, United States of America, acting by and through the Department of the Navy, its heirs, assigns and successors in title is authorized to maintain a temporary encroachment into the right-of-way of Shore Drive. That the temporary encroachment herein authorized is for the purpose of maintaining a brick and cedar privacy fence and that said encroachment shall be maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Shore Drive, on the certain plats entitled: "DEPARTMENT OF THE NAVY NAVAL FACILITIES ENGINEERING COMMAND NAVAL AMPHIBIOUS BASE LITTLE CREEK, NORFOLK, VIRGINIA NEW BRICK AND CEDAR FENCE - PHASE TWO HOUSING AREA," copies of which are on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of United States of America, Department of the Navy, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Shore Drive and that United States of America, Department of the Navy, its heirs, 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that the liability, if any, of the United States of America, Department of the Navy, for damage to property or death or injury to any person arising out of the location or existence of such temporary encroachment shall be determined in accordance with the Federal Tort Claims Act (28 USC Sec 2671, et seq.). AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that United States of America, Department of the Navy executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of 3uly , 19 93 . 60 61 62 06/23/93 PHA/tga navy-enc, ord ,z,~RO'vzD AS IO CONTENT D_ ?Ao, ,,,, klxlT APPROVED AS TO LEGAL .el ;r..m,-,,,~. All correspondence pertaining to this document should include reference to N62470-93-RP-00221 THIS AGREEMENT, made this day of , 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter called the GRANTOR, and UNITED STATES OF AMERICA, Acting by and through the Department of the Navy, ItS successors and assigns, hereinafter called the GRANTEE. WITNESSETH. That, WHEREAS, it is proposed by the GRANTEE to construct and maintain a privacy fence in the City of Virginia Beach, and WHEREAS, in construction and maintaining such brick and cedar wood privacy fence, It is necessary that the said GRANTEE encroach into a portion of an existing City right-of-way known as Shore Drive, and said GRANTEE has requested that the GRANTOR grant a temporary encroachment to facilitate such privacy fence within a portion of the City's right-of-way known as Shore Drive NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the GRANTEE and for the further consideration of One Dollar ($1 00), ~n hand paid, to the smd GRANTOR, receipt of which ~s hereby acknowledged, the GRANTOR doth grant to the GRANTEE a temporary encroachment to use a port~on of the City's right-of-way known as Shore Drive for the purpose of constructing and ma~ntmmng such privacy fence. It is expressly understood and agreed that such temporary encroachment will be constructed and malntmned in accordance with the laws of the Commonwealth of Vlrg~ma and the City of Virginia Beach, and in accordance with the C~ty of V~rg~ma Beach Public Works Department's specifications and approval as to size, ahgnment and location and is more particularly described as follows, to wit An area of encroachment into a portion of the City's right-of-way known as Shore Drive as shown on those certain plats entitled "DEPARTMENT OF THE NAVY NAVAL FACILITIES ENGINEERING COMMAND NAVAL AMPHIBIOUS BASE L1TI'LE CREEK, NORFOLK, VIRGINIA NEW BRICK AND CEDAR FENCE - PHASE TWO - HOUSING AREA," copies of which are attached hereto as Exhibits "A", "B", "C", and "D", and to which reference is made for a more particular description It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the GRANTEE, and that w~thm thmy (30) days after such not~ce Is given, such temporary encroachment shall be removed from the City's right-of-way known as Shore Drive by the GRANTEE, and that the GRANTEE shall bear all costs and expenses of such removal It ~s further expressly understood and agreed that the l~ablllty, if any, of the GRANTEE for damage to property or death or injury to any person arising out of the location or existence of such temporary encroachment shall be determined ~n accordance with the Federal Tort Clmms Act,(28 USC Sec 2671, et seq ) It Is further expressly understood and agreed that nothing here~n contained shall be construed to enlarge such perm~ssion and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the hm~ted extent specified here~n, nor to permit the mmntenance and construction of any encroachment by anyone other than the GRANTEE. It ~s further expressly understood and agreed that the GRANTEE agrees to mmntain smd encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the GRANTEE must obtain a permit from the Development Serwces Center prior to commencing any construction within the C~ty's right-of-way. Page 2 of 5 It ~s further expressly understood and agreed that any above ground encroachments shall conform to the mimmum setbacks requirements, as established by the City Traffic Engineer's Office It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes, may require the party of the second part to remove such temporary encroachment, and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied If it were owned by the party of the second part, and if such removal shall not be made within the time ordered here~nabove by th~s Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such encroachment Is allowed to continue thereafter, and shall collect such compensation and penalties ~n any manner prowded by law for the collection of local or state taxes IN WITNESS WHEREOF, the said United States of America, has caused this Agreement to be executed m ~ts name and on its behalf Further, that the City of Virginia Beach has caused th~s Agreement to be executed m ~ts name and on its behalf by ~ts C~ty Manager and ~ts seal be hereunto affixed and attested by ~ts City Clerk CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the C~ty Manager City Clerk _~~.~ROVED AS TO CONTt:N[ .. SIGNATURE -- APPROVED ~¢~ TO I_EC, ,~ '"" Page 3 of 5 UNITED STATES OF AMERICA B YReal~~ract~l~g~~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t I, , a Notary Pubhc in and for the C~ty and State aforesmd, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is s~gned to the foregoing Agreement bearing date on the ~ day on , 19__, has acknowledged the same before me ~n my C~ty and State aforesaid GIVEN under my hand th~s day of, 19~ Notary Pubhc My Commission Expires STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit' I, , a Notary Pubhc In and for the City and State aforesmd, do hereby certify that RUTH HODGES SMITH, C~ty Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the ~ day of , 19 , has acknowledged the same before me in my City and state aforesaid. GIVEN under my hand th~s ~ day of 19 . My Commission Expires: Notary Public Page 4 of 5 STATE OF VIRGINIA CITY OF NORFOLK, to-wit I, /~r~-ej~ /tl~c,et. ,l//~,~ x ~,o 5 ,aNotaryPubhc~nandfortheCltyandState aforesmd, do hereby certify that /~))s~/~ z. ?,c lt'~ /t} 2-,c ,'/0~ ,o , REAL ESTATE CONTRACTING OFFICER, whose name as such ~s signed to the foregoing writing, bearing date the ~ day of ., 19 , has acknowledged the same before me In my City and State aforesmd Given under my hand this /~/t~ day of My Commission Expires. ~ LC ~'c/' Notary Public Page 5 of 5 :JNI1 HD£YR / i i / / O0*t Y.L~' ~% 3NI'I HOJ. Y~I t J. g3H$ 33S O0+gt VIS OD+Or :iN I'1 H~)1¥ Yi II "II/ I od 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LYNNHAVEN MUNICIPAL MARINA TO WARNER ATHEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, WARNER ATHEY, his heirs, assigns and successors in title is authorized to maintain a temporary encroachment into the City property known as Lynnhaven Municipal Marina. That the temporary encroachment herein authorized is for the purpose of maintaining a timber walkway and that said encroachment shall be maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's property known as Lynnhaven Municipal Marina , on the certain plat entitled: "ACCESS RAMP IN LONG CREEK AT 2133 VISTA CR. CITY OF VA. BEACH STATE OF VA. APPLICATION BY: WARNER ATHEY BEST MANAGEMENT PRACTICES, INC.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Warner Athey, his heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property known as Lynnhaven Municipal Marina and that Warner Athey, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Warner Athey, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, 45 46 47 48 49 50 51 52 53 54 55 56 57 its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that Warner Athey agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Warner Athey executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of 3uly , 19 93 · 58 59 06/17/93 TK/tga D[PARTMEIqT THIS AGREEMENT, made this'~/~~ day of ,~;~/ , 19 ~ % , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and WARNER ATHEY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a timber walkway in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such walkway, it is necessary that the said party of the second part encroach into a portion of existing City property known as Lynnhaven Municipal Marina; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such walkway within a portion of the City's property known as Lynnhaven Municipal Marina. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as Lynnhaven Municipal Marina for the purpose of constructing and maintaining such walkway. GPIN 1489-98-0053 It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as Lynnhaven Municipal Marina as shown on that certain plat entitled: "ACCESS RAMP IN LONG CREEK AT 2133 VISTA CIR., CITY OF VA. BEACH STATE OF VA. APPLICATION BY: WARNER ATHEY BEST MANAGEMENT PRACTICES, INC.," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Lynnhaven Municipal Marina by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Department of Planning prior to commencing any construction within the City's property known as Lynnhaven Municipal Marina. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Warner Athey, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. ( SEAL ) ATTEST: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager City Clerk Warner Athey STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~~ ~ ~ ~1~ ~ .~ ~ , a Notary Public ~n and for the City and State aforesaid, do hereby certify that WARNER ATHEY, whose name is signed to the foregoing writing, LOCATION MAP IIW 8 MLW AT EXISTING BULKHEAD PIER I-STORY FRAME IN_DG EXISTING 12" BULKIIEAD PIER 85o_22'-02" 4443' PILES (l~P.) EXISIING 8" BULKHEAD EXISTING WALKWAY TO BE R£M¢)VEP 8 I~ISPOSED OF IN A LAWFUL MANNER EXISTING NEW WALKWAY ( ~ ' X .3 ! ' ) SPECIAL CONDITION A PEP, I}ttNIAL V[GETAIIVE COVER SHALL BE ESIABLISItED OVER ALL DENUDED AREAS k\ BEFORE: A FINAL RELEASE WILL BE '~o-,., GP, ANIED BY [tie CI1¥ ENGINEER'S OFFICE RECEiveD 96831 AU6 2 ~ 1992 Development Services Center SCALE. I"= 30' VISTA CIRCLE REV. 8/17192 PURPOSE' ACCESS TO PIER DATUM' MLW 0.0 ADJACENT PROPERTY OWNERS' t. FIVE 2 PIERS 2. DU NN BEST MANAGEMENT PRACTICES,INC. PHONE, (804) 422-3898 SITE PLAN . ,, ACCESS RAMP IN LONG CREEK AT 2133 VISTA CR. CITY OF VA. BEACH STATE OF VA. APPLICATION BY: WARNER ATHEY SHEET1 OF 2 DATE 6/23/92 Sp r:- ," '~. ,.. , ,.., ,.," CONDITION. , ....r,~r- · T~, ~ ;..,:r,...,,,,i,:~,l~L V:~r.I ~,,~ 1[ COVEP, IAL H;' :~-",[~LiSHED OVER ALL DEIIUDE Al ~:'JR~ A FliIAL RELEASE WiLL BE r,.',~: ~T~-D BY ]'HE CflY ENGINEER". OF MHW MLW EXISTING BOT'rOM AT 2133 VISTA CR. CITY OF VA. BEACH STATE OF VA. APPLICATION BY: WARNER ATHEY SHEET 2 OF 2 DATE 6/23/92 1. FiVE 2 Pi~,S 2. DUNN ADJACENT PROPERTY OWNERS' SECTIONS 8[ NOTES MANAGEMENT PRACTICES, INC. PHONE: (804) 422-3898 16'-20' PII. E58" 9'-105' ON CENTER MIN 5OYo PILE BURIED BELOW MUDLINE ~j~ .1/. ALL FRAMING 2"x 8" ALL DECKING 2"x6" ALL TIMBER 25 C C EXCEPT DECKING 04 C C~ ~,~ PURPOSE' ACCESS TO PIER gU ~~T IAOCESS RAMP DATUM- MLU 0.0 .... IN LONG C~EE~ lC[. - 25 - Item IlI-H. 1. RES OL UTION/ ORDINANCE S ITEM # 37038 Charles Gardner, 1309 Kdngsfisher Court, Phone: 425-6201, Chairman of the Virginia Beach Crime Task Force, spoke in SUPPORT of the Resolution. Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessorns, City Council ADOPTED, AS AMENDED: Resolution authorizing the City Manager to enter into an agreement with the City of Chesapeake re usage of the Tidewater Detention Home, consistent with the FY 1993-1994 Operating Budget: $I00,000 July 1, 1993, $400,000 September, 1993 and $438,965 July, 1994. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 Requested by Councilmember Paul J. Lanteigne A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF CHESAPEAKE REGARDING USAGE OF THE TIDEWATER DETENTION HOME 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Virginia Beach Juvenile Probation Department has the responsibility to provide juvenile detention services, as ordered by the courts, with the costs of such services paid by the City; WHEREAS, the city of Virginia Beach currently utilizes the secure detention services provided by the Tidewater Detention Home (TDH) operated by the City of Chesapeake, wherein fifty to sixty percent of the detainee population has historically been from Virginia Beach; WHEREAS, the Cities of Chesapeake and Virginia Beach have formulated an Agreement encompassing the period July 1, 1993, through June 30, 1998, wherein Virginia Beach will provide funding to Chesapeake toward expansion of the TDH facility, for which Virginia Beach will receive credit toward the costs for future detainees and guaranteed placement of juveniles; and WHEREAS, this Agreement is consistent with the City's 1993-1994 General Operating Budget; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council approves the Agreement with the City of Chesapeake for the use of Tidewater Detention Home, which is attached hereto and incorporated herein as if set out in full; BE IT FURTHER RESOLVED: That the City Manager is directed to execute said Agreement on behalf of the City. BE IT FURTHER RESOLVED: That the City Council, recognizing the future need for a juvenile detention center to be located in the City of Virginia Beach, directs the City Manager to develop funding alternatives and 34 35 construction options for such a facility, to be presented in the 1993-1994 Capital Improvement Projects Budget. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of July , 1993. 38 39 40 41 CA-5190 ORDIN\NONCODE\TDH2. RES R-1 PREPARED: July 13, 1993 AGREEMENT BETWEEN CITY OF CHESAPEAKE AND CITY OF VIRGINIA BEACH REGARDING TIDEWATER DETENTION HOME USAGE Th~s Agreement between the C~ty of Chesapeake and the C~ty of Virginia Beach 2 pertaining to usage of the Tidewater Detention Home ~n Chesapeake, V~rgin~a w~ll be ~n effect 3 for five years from July 1, 1993 until June 30, 1998 or four years from completion of the 4 48 bed expansion of Tidewater Detention Home, whichever ~s later. Thereafter, both C~t~es 5 may w~sh to revisit the issues ~n th~s agreement. In addition, e~ther party to th~s agreement 6 may cancel th~s agreement upon twelve months prior not~ce. In consideration that the City of Virginia Beach has appropriated and wdl pay to the 9 C~ty of Chesapeake $938,963 to assist in the construction of a permanent 48 bed 10 expansion of the ex~st~ng T~dewater Detention Home 52-bed facility estimated to be 11 completed July 1, 1994, it is agreed as follows: 12 13 The C~ty of V~rg~n~a Beach will provide to the C~ty of Chesapeake payments totalling 14 ~938,963 in three installments on the following schedule: 15 (1) $100,000 to be used for design or other costs related to construction of 16 the permanent 48-bed expansion anticipated on July 1, 1993, follow~ng 17 the receipt of written request from the C~ty of Chesapeake. 18 19 (2) $400,000 to be used for the permanent 48 bed expansion to be 20 provided within 30 days of award of the construction contract for said 21 facility anticipated ~n September, 1993, follow~ng the receIpt of written 22 notification from the C~ty of Chesapeake. 23 24 (3) $438,963 to be prowded upon completion of the permanent 48 bed 25 expansion, anticipated in July, 1994. If the City of Chesapeake requires 26 the remaining payment sooner, the City of V~rgin~a Beach w~ll consider 27 such request contingent on the availability of funds. 28 29 2 The C~ty of Chesapeake as the managing agent of the Tidewater Detention Home w~ll 30 prowde the City of Virginia Beach with the follow~ng on the following schedule: 31 32 (1) From July 1, 1993 to June 30, 1994: the C~ty of V~rg~n~a Beach 33 shall receIve credit of $100,000 toward the cost of juvenile 34 placement for either pre-disposit~onal or post-d~spos~tional 35 purposes based on a per d~em rate of $41.41 or the current per 36 d~em rate up to $50.00 per day. The rate of draw down w~ll be 37 I~m~ted to $8,333.33 per month with any remaining credit ~n 38 excess of $8,333.33 to be used in the last month of the fiscal 39 year. On a monthly bas~s, the C~t~es of Chesapeake and Virginia 40 Beach will reconcile the balance of the remaining credit. 41 42 (2) From July 1, 1994 to June 30, 1998 or four years from 43 completion of the 48 bed expansion, whichever is later: the C~ty 44 of V~rg~n~a Beach w~ll pay a per d~em rate of $41.41 or the then 45 current per diem rate, whichever results in the lesser charge for all 46 pre- or post dispos~tional placements of juveniles by the C~ty of 47 V~rg~nia Beach. 48 49 (3) From July 1 1994 to June 30, 1998 or four years from 50 completion of the 48 bed expansion, whichever is later: the C~ty 51 of Virginia Beach shall have assured access to a m~n~mum of 40 52 beds per day ~n the 100 bed expanded facility, and honoring of 53 Judges' placement orders from the Virginia Beach Juvenile and 54 Domestic Relations D~str~ct Court up to the maximum safe 55 capacity of the facility. 56 57 (4) From July 1, 1993 to June 30, 1998 or four years from 58 completion of the 48 bed expansion, whichever is later: the C~ty 59 of Chesapeake shall not~fy the City of Virginia Beach at least 45 60 days before restricting the total number of juvenile placements by 61 the City of V~rg~nia Beach. The C~ty of Chesapeake w~ll even- 62 handedly apply th~s not~ce to all localities using T~dewater 63 64 65 Detention Home. In concluding th~s agreement, the Citrus of Chesapeake and V~rg~nia Beach jointly 66 recognize that there may be a need for an additional regional juvenile secure detention facility 67 to be planned ~n a locality other than Chesapeake over the next three-to-hve years. 68 69 All correspondence concerning th~s agreement w~ll be addressed to the C~ty Managers 70 of the respective C~t~es. Th~s agreement shall be effective upon the date of ~ts acceptance 71 by the Cities of Chesapeake and V~rg~n~a Beach. 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 C~ty of Virginia Beach By C~ty Manager or H~s Designee ATTEST: City of Chesapeake By C~ty Manager or H~s Designee ATTEST: Dept ot Man~ger~nt axed Budget AF?ROVED AS TO LEGAL - ~ ~ ~1~ A~ORNEY c ~budge~fyg2-g3~dhltrag tee 8gh vol 27, draf~ 7 May 24, ~993 ~ ~ 30 a m STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-w~t: , a Notary Public ~n and for the C~ty and State aforesaid, do hereby certify that , C~ty Manager/Authorized Designee, whose name ~s s~gned to the foregoing writing, bearing date the ~ day of , 1993, has acknowledged the same before me ~n my C~ty and State aforesaid. Given under my hand th~s day of ,1993. Notary Pubhc My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, C~ty Clerk, whose name ~s signed to the foregoing writing, beanng date the ~ day of , 1993, has acknowledged the same before me in my C~ty and State aforesaid. G~ven under my hand this day of , 1993. Notary Public My commission expires: STATE OF VIRGINIA CITY OF CHESAPEAKE, to-wit: , a Notary Public in and for the C~ty and State aforesaid, do hereby certify that , City Manager/Authorized Designee, whose name ~s s~gned to the foregoing writing, bearing date the __ day of , 1993, has acknowledged the same before me in my C~ty and State aforesaid. Given under my hand this day of ,1993. Notary Public My commission expires: STATE OF VIRGINIA CITY OF CHESAPEAKE, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that , C~ty Clerk, whose name ~s s~gned to the foregoing writing, bearing date the __ 5 day of same before me in my City and State aforesaid. G~ven under my hand this day of Notary Public My commission expires: , 1993, has acknowledged the ,1993. - 26 - Item III-fl. 2. RESOLUTION~ORDINANCES ITEM # 37O39 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE $10,293,500 to the FY 1993-1994 Operating Budget of the Department of Public Utilities re increased cost for the purchase of water from the City of Norfolk and to be offset by a corresponding increase in estimated revenues from sale of water in the Water and Sewer Fund. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr. and Paul J. Lanteigne Council Members Absent: None July 13, 1993 AN ORDINANCE TO INCREASE APPROPRIATIONS BY $10,293,500 IN THE FY 93-94 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC UTILITIES TO BE OFFSET BY A CORRESPONDING INCREASE IN ADDITIONAL REVENUES FROM SALE OF WATER FOR THE PURPOSE OF FUNDING THE INCREASED COST TO PURCHASE WATER FROM THE CITY OF NORFOLK WHEREAS, the City of V~rginia Beach purchases surplus water from the City of Norfolk in order to ensure that sufficient water is available for the health and safety of our citizens; 10 11 12 13 14 15 WHEREAS, the current contract between the two c~ties expires June 30, 1993, and the negotiated new contracts results in a total annual cost to the City of Virginia Beach of $23,104,500 for FY 93-94 for the purchase of water from the City of Norfolk; WHEREAS, there is $12,811,000 in appropriations in the FY 93-94 Operating Budget currently programmed for the purchase of water from the City of Norfolk, resulting in a need for $10,293.500 in additional funds in order to satisfy the contract amount; 16 17 18 19 WHEREAS, the City Council of the City of Virginia Beach, Virginia, adopted Ordinance//93-2241 on June 22, 1993, revising City Code Section//37-47 increasing the water usage fee from $3.11 to $3.38 per 1,000 gallons effective July 1, 1993, and authorizing the City Manager to execute the water supply contracts w~th the C~ty of Norfolk contingent upon the approval of a budget amendment to the FY 93-94 Operating Budget; 2O 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $10,293,500 be appropriated to the FY 93-94 Operatxng Budget of the Department of Public Utihties for the purpose of prowding the increased cost for the purchase of water from the City of Norfolk; 24 25 26 BE IT FURTHER ORDAINED THAT these additional appropriations be offset by a corresponding increase m estimated revenues from sale of water in the Water and Sewer Fund, including the $0 27 increase per 1,000 gallons adopted by City Council on June 22, 1993, in Ordinance 893-2241 27 28 Ordained by the Couned of the City of Virginia Beach, Virginia, on the 13day of July , 1993 This ordinance shall be in effect from the date of its adoption. Dept of Management and Budget APPROVED AS TO 1 LEGAL SUFFiCJ~,~,mv ' swj/waterpur ord - 27 - CITY MANAGER'S BRIEFING STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS ITEM # 37040 Patricia Phillips, Director of Finance, advised preliminary research indicates that contract operations can, under certain conditions, result in improved efficiency, reduced liability and reduced or controlled costs. Each situation must be evaluated individually. Potential evaluation criteria include: Ability to specify the requirement for the service in advance of contract signing. Ability to easily switch contractors and availability of adequate competition. Achievement of tangible benefits, including cost reductions and efficiency/service gains. Accountability Characteristics of the activity. Legal Constraints Level and Quality of Service. Monitoring Costs Transition Costs Other duties. The Departments of Finance and Public Works jointly developed an RFP to htre a consultant to assist in the evaluation of additional appropriate storm water utility functions for outsourcing. The RFP was mailed on May 13, 1993, and responses were received on July Eleventh. A selection committee reviewed the eight responses. The prices to perform the study varied from $182,000 to $84,000, $59,000, $55,000 and on down, depending on the scope of work. Four were selected for additional interviews. The following criteria was used to rank the four selected: Experience Capabildy Responsiveness to Scope of Work EVALUATION STEPS/PRELIMINARY WORKPLAN 1. Determine total in-house costs, including annual direct costs, avoidable and unavoidable costs and indirect costs. July 13, 1993 - 28 - CITY MANAGER'S BRIEFING STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS ITEM # 37040 (Continued) . Determine cost of contract service delivery based on interviews with and experience of similar local government and by obtaining cost estimates from contractors, this step wouM also identify the reasons for specific cost differences. Specific experience with storm water management programs is essential to make these determinations. This would include conversion costs or revenue that will be associated with contracting out Storm Water Management functions; for example, annual and sick leave payoffs. Compare and evaluate the public or private service options using criteria such as listed above. 4. Conclusions and Recommendations. PRELIMINARY TIME LINE Hire Consultant Report due Report to City Council July 19 October I October 15 Mrs. Phillips advised basic approaches to evaluating service delivery options for Storm Water Management include: In house evaluation. This approach relies on the staffs of Finance, Public Works, Management and Budget and other departments to analyze and evaluate the program. Advantage 1. No additional cost for outside consultant. Disadvantages Lack of available staff who have experience in objectively analyzing inhouse versus outsourcing of storm water management. 2. More likely to take longer. Contract with Outside Consultant: This approach relies on outside assistance in analyzing the feasibility of outsourcing versus in-house storm water management. Advantage 1. Quicker analysis. 2. Benefit of experiences with other jurisdictions including outsourcing. Disadvantage 1. Cost July 13, 1993 - 29 - CITY MANAGER'S BRIEFING STORM WATER MANAGEMENT SERVICE DELIVERY OPTIONS ANALYSIS ITEM # 37040 (Continued) Mrs. Phillips recommended that City Council approve the hiring of Price Waterhouse, assisted by the engineering firm of Dewberry & Davis, at a cost of $43,300 to conduct an evaluation of appropriate service delivery options for storm water management for the City of Virginia Beach. Price Waterhouse received the highest rating by the Selection Committee. Ralph Smith, Director of Public Works, advised to meet the monitoring requirements, Virginia Beach and the other cities in the region have negotiated a contract with the Hampton Roads Sanitation District. By contract for a fee of $106,000 a year, which is less expensive than inhouse, the monitoring and testing for the City's system will be performed. Fifty-six percent (56%) of the operation related to Storm Water Management is being contracted out. - 30 - Item III-H. 3. RES OL U TIO N/ ORD INAN CE S ITEM # 37O41 A motion was made by Councilman Jones, seconded by Councilman Baum, to ADOPT: Ordinance to TRANSFER $43,300 from Storm Water Reserves to the FY 1993-1994 Operating Budget re In-House~Out-Sourcing Study for Storm Water Management. Voting: 2-9 (MOTION LOST TO A NEGATI~ VOTE) Council Members Voting Aye: John A. Baum and Louis R. Jones Council Members Voting Nay. Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr Council Members Absent: None This item was VOTED UPON AFTER the Planning Agenda. - 31 - Item III-L1. PUBLIC HEARING ITEM # 37042 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING B Y CONSENT (a) LAND & COATES, INC. CONDITIONAL USE PERMIT (b) JAN KOTTKE CONDITIONAL USE PERMIT (c) ROBERT W. MCTYRE CONDITIONAL USE PERMIT (d) CAROL YOUNG AND ROBERT G. YOUNG, JR. CONDITIONAL USE PERMIT (e) CARR THOMPSON CONDITIONAL USE PERMIT 09 CITY OF VIRGINIA BEACH PORTION OF 19TH STREET STREET CLOSURE PLANNING ,, (a) STREET CLOSURE WHITT G. SESSOMS, III ORDINANCE TO APPROPRIATE $18,000 FROM SALE OF STREET CLOSURE (b) RODA ASSOCIATES CHANGE OF ZONING DISTRICT CLASSIFICATION (c) NEW HOPE BAPTIST CHURCH CONDITIONAL USE PERMIT (d) CITY ZONING ORDINANCE RESOLUTION REFE RING TO THE PL4NN1NG COMMISSION PROPOSED AMENDMENTS SECTIONS 502(/1) and 502(E) - 32 - Item III-L l.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 37043 Charles L. Winstead, represented the applicant Upon motion by Council Lady Parker, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of LAND & COATES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LAND & COATES, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS (RYDER TRUCK) R07931834 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Land & Coates, Inc. for a Conditional Use Permit for motor vehicle rentals (Ryder Truck) at the southwest corner of Bonney Road and Chestnut Avenue. Said parcel is located at 3775 Bonney Road and contains 30,718 square feet more or less. L YNNHA VEN BOROUGH. The following conditions shall be required: . . , Trucks shall be parked along the Southern section, at the rear of the parking area. A maximum of four (4) rental trucks shall be parked on the site on a regular basis. Parking for all uses shall be kept on the site and out of the right-of-way. 4. This conditional use permit is for a two (2)-year period. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thtrteenth of July, Nineteen Hundred and Ninety-Three. - 33 - Item III-L 1.a. PUBLIC HEARING ITEM # 37043 (Continued) PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 34 - Item III-L 1.b. PUBLIC HEARING ITEM # 37044 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of JAN KOTTKE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAN KOTTKE FOR A CONDITIONAL USE PERMIT R07931835 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jan Kottke for a Conditional Use Permit for a child care center at the northeast corner of North Great Neck Road and Old Donation Parkway. Said parcel is located at 1000 North Great Neck Road and contains 20.102 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Ninete.en Hundred and Ninety-Three. Voting: 11-0 Council Members Voting Aye: John ./1. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 Item III-L 1.c. PUBLIC HEARING ITEM # 37045 PLANNING B Y CONSENT Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of ROBERT W. MCTYRE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT W. MCTYRE FOR A CONDITIONAL USE PERMIT FOR TWO ADDITIONAL SINGLE FAMILY D WELLINGS RO 7931836 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert W. McTyre for a Conditional Use Permit for two additional single family dwellings in the Agricultural District on the west side of Fitztown Road, 1161 feet more or less south of Morris Neck Road Said parcel is located at 5465 Fitztown Road and contains 10 89 acres. PUNGO BOROUGH. The following conditions shall be required: 1. This subdivision is approved for two (2) additional lots Erosion and sediment control measures must be noted and described for any land disturbance, excee&ng 2500 square feet, on the site development plan. A fifty (50)-foot vegetated buffer, as described in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation. The required buffers shall be planted prior to occupancy. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has revtewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virgima Beach, Virginia, on the Thirteenth of July, Nineteen Hundred and Nine~_ - Three. July 13, 1993 - 36 - Item III-L 1.c. PUBLIC HEARING ITEM # 37045 (Continued) PLANNING B Y CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent. None STATEMENT OF CONSENT APPLICANT: ROBERT W. MCTYRE APPLICATION: Conditional Use Permit Fitztown Road/Morris Neck Road (PUNGO BOROUGH) DESCRIPTION: Two (2) additional single-family dwellings CITY COUNCIL SESSION: July 13, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: I . . . This subdivision is approved for two (2) additional lots. Erosion and sediment control measures must be noted and described for any land disturbance, exceeding two thousand five hundred (2500) square feet, on the site development plan. A fifty-foot (50') vegetated buffer, as prescribed in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation. The required buffers shall be planted prior to occupancy. By: Attorney/Agent Date: - 37 - Item III-Ll.d. PUBLIC HEARING ITEM # 37046 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application CAROL YOUNG AND ROBERT G. YOUNG, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF CAROL YOUNG AND ROBERT G. YOUNG, JR., FOR A CONDITIONAL USE PERMIT FOR TWO (2) ADDITIONAL SINGLE FAMILY DWELLINGS IN THE AG-2 AGRICULTURAL DISTRICT R07931837 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carol Young and Robert G. Young, Jr., for a Conditional Use Permit for two (2) additional single family dwellings in the AG-2 Agricultural District on the west side of Princess Anne Road, 1056 feet north of West Neck Road. Said parcel is located at 1495 Princess Anne Road and contains 26042 acres. PUNGO BOROUGH. The following conditions shall be required: 1. This subdivision is approved for two (2) additional lots. . Erosion and sediment control measures must be noted and described for any land disturbance, exceeding 2500 square feet, on the site development plan. A fifty (50)-foot vegetated buffer, as described in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation. The required buffers shall be planted prior to occupancy. 4. The two additional lots must share a common entrance. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen Hundred and NineS_ -Three. July 13, 1993 - 38 - Item III-Ll.d. PUBLIC HEARING ITEM # 37046 (Continued) PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: CAROL YOUNG and ROBERT G. YOUNG, JR. Conditional Use Permit Princess Anne Road/West Neck Road (PUNGO BOROUGH) Two (2) additional single-family dwellings July 13, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: , . . . This subdivision is approved for two (2) additional lots. Erosion and sediment control measures must be noted and described for any land disturbance, exceeding two thousand five hundred (2500) square feet, on the site development plan. A fifty-foot (50') vegetated buffer, as described in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation. The required buffers shall be planted prior to occupancy. The two (2) additional lots must share a common entrance. By: Attorney/Agent Owner Date: - 39 - Item III-L 1.¢. PUBLIC HEARING ITEM # 37047 PLANNING BY CONSENT Carr Thompson, owner, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of CARR THOMPSON for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF CARR THOMPSON FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R07931838 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carr Thompson for a Conditional Use Permit for motor vehicle rentals on the east side of North Witchduck Road, north of Virginia Beach Boulevard. Said parcel is located at 362 North Witchduck Road, Suite #101 and contains 4.27 acres. BAYSIDE BOROUGH. The following conditions shall be required: A maximum of six (6) rental trucks shall be parked on the site on a regular basis. All trucks shall be parked in the designated paved area as shown on the site plan. 3. This use permit is for a two (2) year period. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen Hundred and NineS. - Three. Item III-L 1. e. PUBLIC HEARING ITEM # 37047 (Continued) PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: CARR THOMPSON Conditional Use Permit North Witchduck Road/Virginia Beach Boulevard (BAYSIDE BOROUGH) Motor vehicle rentals July 13, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: , . . A maximum of six (6) rental trucks shall be parked on the site on a regular basis. All trucks shall be parked in the designated paved area as shown on the site plan. This Use Permit is approved for a two (2)-year period. By: Attorney/Agent Owner - 41 - Item III-I. 1.f PUBLIC HEARING ITEM # 37048 PLANNING B Y CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY the petition of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of a portion of 19th Street. Petition of the City Council of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of 19th Street beginning at the eastern boundary of Arctic Avenue and running in an easterly direction a distance of 500 feet. Said parcel is 80 feet in width and contains 40,000 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: None July 13, 1993 Item III-L 2.a. (1) PUBLIC HEARING ITEM # 37O49 PLANNING Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of a 15 foot alley on the north side of Croatan Road in the petition of WHITT G. SESSOMS, III. Ordinance upon application of Whitt G. Sessoms, III, for the discontinuance, closure and abandonment of aportion ora 15-foot alley on the north side of Croatan Road, 100 feet east of Atlantic Avenue and lying adjacent to Lots 1, 2, 3, 13, 14 & 15, Block 23, Croatan Beach. Said parcel contains 2250 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as he is related to Whitt G. Sessoms. CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION NATIONSBANK OF VIRGINIA, N.A., and JEAN M. DAVIS, Co-Executors under the will of AMELIA G. MCLEAN, et al. HELEN LEIMBACH FOOS, et al. FNJ, INC., et al. ,,, AN ORDINANCE VACATING AND DISCONTINUING PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, WHITT G. SESSOMS, III, to be presented to the City Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, for the vacation of the portions of the hereinafter described alley in the City of Virginia Beach, Virginia, was on the 29th day of December, 1992, and on the 6th day of January, 1993, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of portions of the alley in Croatan Beach; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, appointed Robert 3. Scott , David M. Grochmal , and Ralph A. Smith , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the portions GPINS: 2426-39-7397; 2426-39-8303; 2426-39-8228 GROVER C WRIGHT, JR ATTORNEY AND COUNSELLOR AT ~W, P C ~Ulrg I01 BEACH rOWER BUIII) INO 1 { ~ {o PA{ IFIL AVE~t'E VIROINIA BEACH, VIRGINIA ~458 of the alley proposed to be vacated, it is the judgment of the City Council of the City of Vi£ginla Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portions of said alley, and that the portions of said alley should be vacated and discontinued; and NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, Virginia 1. That the following portions of an alley in Croatan Beach, in the Borough of Lynnhaven, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All those certain pieces or parcels of land, situate, lying and being in Lynnhaven Borough, in the City of Virginia Beach, State of Virginia, being those portions of a 15' alley designated "Portion of 15' Alley to be Closed (2,250.00) sq. ft.)" on that certain survey entitled "Street Closure Plat 15' Alley Adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia," dated September 29, 1992, which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of virginia Beach, Virginia, as grantor, and in the names of NationsBank of Virginia, N.A., and Jean M. Davis, Co-Executors under the will of Amelia G. McLean, deceased, as grantees, as to Lots 1, 13 and 14, they now being the record owners of said lots, and in the name of FNJ, Inc., as grantee, as to Lots 3 and 15, it now being the record owner of said lots, and in the name of Helen Leimbach Foos, as grantee, as to Lot 2, she now being the record owner of said lot, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicants. 3. This Ordinance shall be effective on the date of its passage. Certified to be a true and exact cody of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the 13 day of July 1993. ' AUTHORIZED: FINAL AP?R0VAL JULY 13, 1993 TESTE: RUTH HODGES SMITH, CITY CLERK By Lot 1, GPIN NO. 2426-39-7287 Lot 2, GPIN NO. 2426-39-7320 Lot 3, GPIN NO. 2426-39-7366 Lots 13 and 14, GPIN NO. 2426-39-8289 Lot 15, GPIN NO. 2426-39-8389 City Clerk APPROVED AS i'O SIGNATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ .g~g~g~'s oo g~ ' I-- ~ , ~_ , ,.g~, g~. g~', S N Z o ,oo g oo g t~ o~ Z~ < Item III-L 2. a. (2) PUBLIC HEARING ITEM # 37050 PLANNING Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to APPROPRIATE $18,000 from sale of street closure to CART Project #2-052 Pubhc Beach Improvements re acquiring additional public beach access to Croatan Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessorns ABSTAINED as he is related to Whitt G. Sessoms. July 13, 1993 AN ORDINANCE TO APPROPRIATE $18,000 AS PROCEEDS FROM SALE OF STREET CLOSURE TO CIP PROJECT #2-052 PUBLIC BEACH IMPROVEMENTS FOR THE PURPOSE OF ACQUIRING ADDITIONAL PUBLIC BEACH ACCESS TO CROATAN BEACH visitors; WHEREAS, it is desirable to provide additional pubhc access to beaches to Virginia Beach residents and 10 WHEREAS, a condition of Application g2423 for discontinuance, closure, and abandonment of a portion of a 15-foot alley adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, requires that all funds generated from thas sale shall be used to purchase additional access to the beach in the Croatan area, 11 12 WHEREAS, the amount of funds generated from this sale is $18,000 as determined by the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures"; 13 14 WHEREAS, additional points of access to public beaches are acquired through CIP Project g2-052 Public Beach Improvements; 15 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $18,000 generated from the sale of the aforementioned street closure be appropriated to CIP Project//2-052 Public Beach Improvements for the purpose of acqmring additional pubhc access to the Croatan beach; 19 2O BE IT FURTHER ORDAINED, that this appropdatton be offset with a corresponding increase tn estimated revenues 21 This ordinance shall be in effect from the date of its adoption. 22 Adopted the__13 day of ,July , 1993, by the Council of the C~ty of Virgima Beach, Virginia APP Dept of Management and Budget swj/croatan ord Ltem III-L 2. b. PUBLIC HEARING PLANNING ITEM # 37051 Attorney Harry R. Purkey, 303 34th Street, Phone: 427-5116, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of RODA ASSOCIATES for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF RODA ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO B-2 Z07931391 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RODA ASSOCIATES for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on the south side of Dolton Drive, 940 feet more or less east of Alicia Drive. The proposed zoning classification change to B-2 Community Business District is for general commercial land use. The Comprehenstve Plan recommends use of this parcel for urban medium low density residential at densities that are compatible with multi-family use in accordance with other plan policies. Satd parcel is located at 4847 Dolton Drive and contains 36,024 square feet. KEMPSVILLE BOROUGH. 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virgtnia Beach, Virginia, on the Thirteenth of July, Nineteen Hundred and Ninety- Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IL Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 BK32q2PG2112 AGREEMENT THIS AGREEMENT made this 18th day of February, 1993, by and between RODA ASSOCIATES, a Virginia general partnership, hereinafter called "Grantor" and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS The Grantor is the record fee simple owner of the property (the "Property") located in Kempsville Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement. 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 zoning classification of the property from R-5D Residential District to B-2 Business District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988 as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). The Grantees policy is to provide only for the orderly development of land for various purposes and including commercial purposes, through zoning and other land development legislation. The Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the property, in addition to the regulations generally applicable to land zoned B-2 as specified in the -1- BK32q2PG21'73 Zoning Ordinance, are required to address the project proposed in the Grantor's zoning application. Grantor has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the zoning map with respect to the property, the following reasonable conditions related to the physical development, operation and use of the property to be adopted as part of said amendment to the zoning map relative and applicable to the property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. The conditions outlined in this Agreement have been proferred by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the Zoning Ordinance. WITNESS, NOW THEREFORE, the Grantor, for itself, its successors, personal representatives assigns, grantees and other successors in title and interest, voluntarily without any requirement by or exaction from the Grantee or his -2- 8 32q2P( 217q governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit for subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. a. Lighting on the property shall be directed inward and not toward surrounding properties. b. The following uses shall not be permitted on the Property or any improvements constructed thereon: animal hospitals, veterinary establishments, commercial kennels, automobile sales or repairs, automobile service stations, boat sales, borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials, commercial parking lots or garages or auto storage, child care and child education centers, drug stores, beauty shops and barber shops, eating and drinking establishments with drive-through windows, funeral homes, grocery stores, liquor -3- B 32q2?G21 7S stores, mini-warehouses, taverns, dance halls. nightclubs, bars, c. The illustrative plan submitted to the Department of Planning with this Agreement (the "Plan") is incorporated herein by reference and forms a part of this Agreement. The front facade of the structure will be consistent with and substantially similar to the facade of the adjoining structure located at 4857 Dolton Drive, in terms of mansard design, color, and type of materials used. Notwithstanding the foregoing, the Grantor reserves the right to substitute exterior insulation finish system, commonly known as "Dryvit" in place of split rib block as shown on the illustrative plan. If the Grantor utilizes Dryvit in place of split rib block, as shown on the illustrative plan, the Dryvit will be consistent in color with the exterior facade of 4857 Dolton Drive. d. The Grantor, will to the best of his ability preserve the twenty-four inch willow oak tree (the "Tree") located in the center of the property as shown on the Plan. At the time of execution of the Agreement, circumstances appear to indicate that the Tree may be diseased. The Grantor shall -4- BK32 2PG2116 retain a professional arborist to determine the condition of the Tree. If the arborist determines that the tree is not diseased and can be preserved, the Grantor will to the best of his ability preserve the Tree. In the event that the arborist determines that the Tree is diseased or that it should be removed, then the Grantor shall remove the Tree and install in the same location a willow oak tree of a minimum diameter of four (4) inches. e. Landscaping of the property shall be in accordance with the landscaping depicted on the Plan and the dumpster pad for the property will be located in the southwest corner of the property as shown in the Plan and shall be shielded with a wood screen. f. Ail garage and storage doors will be located on the rear of the proposed building. g. Category IV landscaping shall be installed on the northeast side of the property as depicted on the Plan. h. There shall be one access point from the -5- BK32q2PG2) 77 property to Dolton Drive which shall be located at the northeast corner of the property as shown on the Plan. i. The site plan and construction plans for the proposed improvements on the property shall adhere to and be consistent with the Plan. j. The Grantor covenants and agrees that: 1. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order in writing that any non-compliance 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 proceedings. 2. 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 -6- B 32q2PG2178 Administrator made pursuant to these provisions, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. RODA Associates, a Virginia ge~ partnership David S Brown, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~_ ¢u?uuc~.~ , a Notary Public in and for the City a~d State aforesai~d, do hereby certify that David S. Brown, general partner of RODA Associates, a Virginia general partnership, whose name is such signed to the foregoing instrument bearing date of the 18th day of February, 1993, has acknowledged the same before me in my said City and State. GIVEN under my hand this ~~ day of ~~ , Notary Public My Commission Expires: Jl-agr -7- Exhibit "A" ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, (formerly Princess Anne County), Virginia in the Kempsville Borough (formerly Kempsville Magisterial District) and being the northeast corner of Lot Six (6) as shown on the map of A. W. Cornick's Kempsville Subdivision, dated January, 1900, which map is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 9, and is more particularly bounded and described as follows: BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on the line between Tracts Four (4) and Six (6) and running thence in a southerly direction along said dividing line between the two said tracts one hundred seventy six (176) feet; thence in a westerly direction two hundred nineteen (219) feet; thence in a northerly direction and parallel to the dividing line between Tracts Four (4) and Six (6) two hundred eighteen (218) feet to the Eastern Shore Road to Kempsville, thence easterly along the Eastern Shore Road to Kempsville One hundred sixty (160) feet to the point of beginning. The above described property is subject to a utility easement in favor of the City of Virginia Beach, as described in that certain Deed of RODA Associates, a Virginia general partnership, recorded in the Clerk's Office aforesaid in Deed Book 2812, at page 673 and corrected in Deed Book 2896, at page 376. -8- Item III-L 2. c. PUBLIC HEARING ITEM # 37052 PLANNING Reverend Ray Cox, Post Office Box 2467, Phone: 486-4541, represented the NEW HOPE BAPTIST CHURCH Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of NEW HOPE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW HOPE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R07931839 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Hope Baptist Church ,for a Conditional Use Permit for a church (expansion) on the southwest stde of Old Great Neck Road at the intersection with Reagan Avenue. Said parcel is located at 395 Old Great Neck Road and contains 2.043 acres. LYNNHA VEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of July, Nineteen Hundred and Ninety-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 Item III-L 2. d. PUBLIC HEARING ITEM # 37053 PLANNING Upon motion by Councilman Branch, seconded by Councilman Clyburn, City Council ADOPTED: Resolution referring to the Planning Commission proposed amendments to Sections 502(A) and 502(E) of the City Zoning Ordinance and amendment to the Appendix of the Comprehensive Plan re dimensional requirements. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None July 13, 1993 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTIONS 502 (A) AND 502(E) OF THE CITY ZONING ORDINANCE AND AMENDMENT TO THE APPENDIX OF THE COMPREHENSIVE PLAN BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Sections 502(a) and 502(e) of the City Zoning Ordinance pertaining to setbacks and development on nonconforming lots in the R-5S Residential Single Family District and a proposed amendment to the appendix of the Comprehensive Plan pertaining to infill development guidelines for the Shadowlawn neighborhood. A true copy of the proposed amendments is hereto attached. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 13 day of 3uly , 1993. APP.ROVE~~T,O CONTENTS, ',D"~GNATURE APPI:~DYED AS TO LEGAL // .-',"o,,."."- ' AN ORDINANCE TO AMEND AND REORDAIN SECTION 502 OF THE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DIMENSIONAL REQUIREMENTS. 10 BE IT ORDAINED BY THE BEACH, VIRGINIA: That Section 5.2 of Virginia Beach, Virginia, as follows: CITY COUNCIL OF THE CITY OF VIRGINIA the Zoning Ordinance of the City of is hereby amended and reordained to read 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 502. Dimensional requirements. The following chart lists the requirements through R-5S Residential Districts for minimum yard spacing and maximum lot coverage for (a) For single-family dwellings: (1) (2) (3) (4) (5) (6) (7) (8) (9) (lO) (11) Muumum lot area m square feet: Mtmmum lot area outs]de of water, marsh, or wetlands: Mm~mum lot width m feet: within the R-40 lot area, width, single-family dwellings. Residential Dtstncts R-40 R-30 R-20 R-15 R-lO R-Z5 R-5D 40,000 30,000 20,000 15,000 10,000 7,500 5,000 24,000 24,000 20,000 15,000 10,000 7,500 125 100 100 100 80 75 Mm]mum front yard setback In feet: 50 50 50 30 30 30 Mtmmum front yard setback when adjacent to a 40-foot right-of-way created m accordance with sect]on 4. l(m) of the subdivision ordinance m feet: Minimum side-yard setback except when adjacent to a street in feet: Minimum side yard setback adjacent to a street m feet: Muumum side yard setback when adjacent to a 40-foot right-of-way created In accordance with sect]on 4. l(m) of the subdivision ordinance m feet: M]mmum rear yard setback except for accessory structures m feet: R-5R R-5S 5,000 5,000 5,000 50 50 50 20 20 20 55 55 55 35 35 35 25 25 25 20 15 15 10 10 5&10 8 8 5&!O As an exception, the setback for any yard adjacent to the Atlantic Ocean for any structures shall be 30 feet m the R-5R D~stnct M,mmum rear yard setback for accessory structures only in feet: NA NA NA NA NA NA NA 30 NA 20 15 15 10 10 10 10 10 10 20 20 20 20 20 20 20 20 20 35 35 35 35 35 35 23 23 20 30 30 30 30 30 30 18 18 15 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 84 (12) (13) Maximum lot coverage m percent: Maximum building floor area expressed as a percentage of maximum allowable lot coverage: 25 25 25 30 30 35 40 35 40 NA NA NA NA NA NA NA (b) For duplex and semidetached dwellings in the R-5D and R- 5R Residential Districts: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Mtmmum lot area Minimum lot width Mtmmum front yard Mm~mum front yard setback when adjacent to a 40-foot right-of-way created in accordance w~th section 4. l(m) of the subdivision ordinance Mtmmum side yard except when adjacent to a street Mmimum side yard when adjacent to a street Mtmmum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4. l(m) of the subdivision ordinance Mtmmum rear yard As an exception, the setback for any yard adjacent to the Atlantic Ocean for any structures shall be 30 feet in the R-5R District Maximum lot coverage Maximum building floor area expressed as a Duplexes Semidetached 10,000 square feet 5,000 square feet 75 feet 35 feet 20 feet 20 feet 25 feet 25 feet 10 feet 10 feet 20 feet 20 feet 25 feet 25 feet 10 feet 10 feet 35 percent 35 percent percentageofmaximumallow~lelotcoverage 200 percent 200 percent The following chart lists the requirements within the R-2.5 Residential Districts for minimum lot area, average lot area, lot width, yard spacing, maximum lot coverage and maximum number or units that can be attached for attached dwellings (townhouses). (c) For attached dwellings (townhouses): (1) (2) (3) (4) (5) (6) (7) Muumum lot area Average rmmmum lot area Minimum lot width, interior lots Mmamum lot width, extertor lots Mlmmum front yard Minimum front yard where all required parking is provided in the rear Mlmmum side yard exterior lot when not adjacent to a street 200% Residential Districts R-2.5 1,400 squar~ feet 2,500 square feet 20 feet 30 feet 30 feet 15 feet 10 feet NA 8 5 (8) Mammum rear yard dwellings 20 feet 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 (9) Minimum rear yard accessory buddings less than 100 square feet 5 feet (10) Maximum lot coverage 40 percent (11) Maxamum number of attached dwelhngs that may be constructed an any one (1) group, without reqmred side yards 6 umts (12) Any side yards adjacent to a street shall be a mlmmum of 30 feet, except when adjacent to a 40-foot right-of-way created m accordance wath sectaon 4. l(m) of the subdlv~saon ordinance, then a 35-foot sade yard as required. The following chart lists the requirements within the R-40 through R-2.5 Residential Districts for minimum lot area, width, yard spacing and maximum lot coverage for uses and structures other than dwellings. (d) For uses other than dwellings: Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-SR R-5S R-2.5 (1) Mtmmum lot area m square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (2) Minimum lot area outsade of water, marsh, or wetlands 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000 (3) Mtmmum lot width m feet: (4) Muumum front yard setback m feet: 50 50 50 30 30 30 30 30 30 30 (5) Mlmmum front yard setback m feet when adjacent to a 40-foot right-of- way created m accordance w~th section 4. l(m) of the subdivision ordinance: 55 55 55 55 35 35 35 35 35 35 (6) Minimum sade yard setback except when adjacent to a street an feet: 25 25 25 25 20 15 15 15 15 15 (7) Mlmmum rear yard setback m feet: 25 25 25 25 20 15 15 15 15 15 (8) As an exception, the setback for any yard 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 adjacent to the Atlantic Ocean for any structure shall be 30 feet m the R-5R Dmtnct (9) Maximum lot coverage m percent: (10) Any s~de yard adjacent to a street shall be a rmmmum of 30 feet. NA NA NA NA NA NA NA 30 NA NA 25 25 25 30 30 40 40 40 40 40 (e) Nonconforming lots: (1) Where a lot has less than the minimum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and since the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District. (2) However, if the owner of a lot which does not meet with the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another substandard lot adjacent to it and located in the same R-5S Residential District, he is not entitled to the exception in (1) above. In this instance, the owner of the two (2) or more adjacent substandard lots must combine the two (2) or more lots to form one which will meet or more closely approximate the frontage and area requirements of the ordinance applicable within the R-5S Residential District. (3) The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the result that both the grantors and the grantee posses lots entitled to an exception from the minimum lot requirements. (4) Status as a single and separate owner may not be acquired after enactment of this ordinance by selling a parcel and reducing the remainder below the minimum 4 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 lot requirements nor may an owner of several contiguous nonconforming parcels combine them so as to leave a substandard lot, and assert the right to exception in (1) above. ¢5) As an exception to (e) ¢2). (e) (3) and Ce) ¢4) above, any lot in the R-5S Residential District which is substandard as to lot width and/or area as of the date of the passage of this ordinance, even though owned by the owner of an adjacent property, may be conveyed to a separate owner and may be developed for any purpose permitted within the R-5S Residential District, provided that the lot has a minimum width of 35 feet and area of 3,500 square feet. For the purposes of this section, lots are not regarded as adjacent where they form an "L", part of one being contiguous to the other. 194 195 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1993. 196 197 198 199 CA-5111 \ORDIN\PROPOSED \ 45-0502. PRO R-2 JULY 7, 1993 Shadowlawn lnfill Development Guidelines Virginia Beach, Virginia Department of Planning March, 1993 lnfill Development Guidelines for the Shadowlawn Neighborhood, Virginia Beach, Virginia Background The Shadowlawn neighborhood of Virginia Beach, Virginia, is a residential enclave located in the southern half of the Resort Area of the city. Residential units consist primarily of single-family dwellings with small clusters of multi-family units. The neighborhood was platted in the first half of the 20th Century. As a result, the streets and lots are laid out in size and pattern typical of that period. Streets, with right- of-ways of 50 feet, are aligned on a grid pattern. The majority of the lots were established at 30 feet by 100 feet; however, some of the lots adjacent to Lake Rudee were established at 25 feet by 100 feet. The residential dwellings constructed in the neighborhood vary in style and size and are representative of single-family architecture from throughout the 20th Century. Most of the homes appear to have been constructed during the decades from 1950 to the present, and are Colonial Revival or Ranch in style. The number of stories is one or two, but one-story dwellings seem to predominate. Due to the fact that these styles of home cannot be constructed on single 30 foot lots, most of them are constructed on a combination of two or more of the 30 foot lots. In most cases, all of the lots in the combined parcel have been built on, but in some cases, one of the 30 foot lots in a combined parcel may have been unbuilt on. As a result, there are several 30 foot or 25 foot lots remaining between constructed homes. Occasionally, two or DRAFT more unbuilt lots (in the same or separate ownership) may be adjacent to each other, resulting in a potential of 60 or more feet width. In the last decade, as individuals have sought to reside or own residential property in the neighborhood, homes have been constructed on some of these 'infill' lots, which represent the last residential development opportunities in the neighborhood. In most cases, from a standpoint of land use and aesthetic compatibility with the existing neighborhood, the resulting dwelling units have not been a success. SHADO~ ~~e ,eaar~h ~ HEIGHTS , I Shadowlawn Location The reasons that most of these newer dwellings cannot be considered to be a major success is a direct result of the narrow lot width that the home is built on, the dimensional restrictions place on new construction by the City's Zoning Ordinance, and the style and architectural design characteristics of the adjacent dwellings. Usually, new construction on the infill lots has resulted in narrow, two-story structures, of almost a townhouse style, located between one-story ranch style structures. It is, however, possible to develop on the majority of these remaining infill lots and succeed in constructing a dwelling that is compatible to the surrounding neighborhood and that is aesthetically pleasing. These development guidelines provide direction to potential developers of these remaining infill lots as to how the proposed dwelling and associated site improvements should be designed. If used as intended, the guidelines can help to ensure land use compatibility of the dwelling to the neighborhood and an attractive dwelling for the future property owner. Street and Lot Layout in Shadowlawn Infill Development Omdehnca for Shadowtawn March 18, 1993 Page 2 Compatibility Guidelines By applying the following principles to the design of a dwelling proposed for an infill lot in Shadowlawn, the opportunity for compatibility of the dwelling with the surrounding neighborhood can be greatly increased. Height, Width, and Proportion New infill structures should be constructed at a height that is compatible to the adjacent structures. If at all possible, the new dwelling should have the same number of stories as the dwellings on either side or be within 15% of the height of those dwellings. As noted in the previous section, the majority of the dwellings in Shadowlawn are one-story and occasionally, two-story. Introduction of a narrow, two-story structure (which is the case most of the time in Shadowlawn) between two one-story structures creates an incompatibility that can, in effect, act as a detriment to the overall character of the neighborhood. Equally important to the height factor for a new infill structure is the width factor. As explained in the previous section, the majority of the remaining infill lots are only 25 to 30 feet in width, with resulting structures of only 20 or less feet in width. Structures on either side of the infill lot were usually constructed on lots of 60 to 90 feet in width, with a resulting dwelling width of 30 to 50 feet. The resulting effect has been that of the insertion of a single townhouse dwelling between two ranch style dwellings. Every attempt should be made to utilize every inch of the available width of an infill lot. Reduction of required side yard setbacks through methods described in the City's Zoning Ordinance should be sought in an attempt to accomplish this. · Infill Development Guidehnes for Shadowtawn DRAFT March 18, 1993 Pag~ 3 The relationship of the new structure's width to height establishes it's proportion. The proportion of the new structure should be as similar as possible and compatible with the proportion of existing adjacent structures. For example, if in adjacent dwellings, the proportion of the structure is such that for every one foot of height the width is one and one-half feet, the new infill structure should have a proportion as close to that as possible. Location on Site / Setbacks / Relationship to the Street Probably the key factor in ensuring that a new infill structure possesses land use and aesthetic compatibility to the neighborhood is in the relationship of the structure to the street and to the adjacent structures. In order to have that relationship in a manner similar to the adjacent structures, all of the factors discussed in this section must be successfully satisfied. If a good relationship is achieved two objectives will be met: first, the streetscape (the appearance of all of the buildings, landscaping, and other site improvements on a street seen as a whole) will be maintained, and second, the potential for negative land use impacts to adjacent properties will be reduced. The location of the structure on the site should be such that the new dwelling does not disrupt the existing rhythm of building width and spacing and does not have setbacks which vary significantly from the predominant setbacks in the neighborhood. Accomplishing this on the 25 or 30 foot lots will be difficult, if not impossible. First, an exact rhythm of width and spacing does not currently exist in the neighborhood; however, there is a consistent rhythm that a design for an infill lot can strive to reach. To achieve a design that fits the rhythm of the other structures on the street as closely as possible, it will be necessary to utilize the full width of the lot. Utilizing the full width of the lot, however, can only be accomplished by eliminating the side yard setbacks required by the Zoning Ordinance, or more preferably, by obtaining easements from the adjoining property owners that fulfill the side yard setbacks as required by the Infill Development Outdehnes for Shadowlawn March 18, 1993 Page 4 ordinance. The front yard setback should meet the requirements of the Zoning Ordinance, while at the same time, be consistent with the front yard setbacks of the adjacent structures. In some cases, it might be necessary to encroach into the required rear yard setback due to the need to have a dwelling that has adequate floor area but still maintains proper height and width proportions. Materials and Details Compatibility cannot be achieved if the building materials used on the facade (outside visible wall) of the structure and the details (windows, doors, decoration) differ substantially from those predominantly found on the other dwellings in the neighborhood. The common facade materials in Shadowlawn are brick and clapboard-style siding (wood and vinyl). The new infill structures, therefore, should utilize brick or clapboard-style siding on the exterior facade. Use of materials such as dryvit, stucco, or grooved plywood would reduce the possibility that the new structure would be compatible to the neighborhood. Similarly, compatibility can only be achieved if the decorative and functional details of the structure are as similar as possible to the surrounding dwellings. For example, if the surrounding dwellings commonly utilize multi-pane, double-hung windows, of a certain proportion, then the windows to be installed in the new structure should be as similar as possible to them in those respects. Installation of windows with large areas of glass and of irregular shapes probably would not be appropriate. Parking Another key factor that, if dealt with successfully, can ensure compatibility of the new dwelling to the surrounding dwellings is the manner in which the parking is arranged. The predominant method of parking in the neighborhood is either on the street or on a single-stack driveway. This method of parking arrangement permits the remainder of the front yard area to be left as open space and lawn. New structures should try to achieve the same effect by installing a single-stack driveway and leaving the remaining portion of Infill Development Guidelines for Shadowlawn March 18, 1993 Page 5 the front yard as open space or lawn. The paving of the entire front yard area is not desirable, because it will greatly reduce the potential compatibility of the dwelling w/th the surrounding dwellings. If it is absolutely necessary to utilize the entire front yard area for parking, the surface material should be of a type that permits a lawn groundcover to grow through, such as porous pavers. Conclusion Utilization of the design and land use compatibility factors presented above can help to ensure that new dwelling structures constructed on the infill lots in the Shadowlawn neighborhood are integrated into the character of the neighborhood and are less likely to negatively impact adjoining dwellings. Designing a dwelling to satisfy the factors will no doubt be more difficult than utilizing a design that simply fits the site and the accompanying zoning restrictions. The result, however, will be a dwelling that is compatible to the surrounding dwellings, in respect to design and land use, and that will give the impression to those who pass by that it has always been part of Shadowlawn. Infill Development Gmdehnes for Shadowlawn March 18, 1993 Page 6 - 47 - Item III-J. 1. APPOINTMENT ITEM # 37054 BY CONSENSUS, City Council RESCHEDUI~D the following APPOINTMENT: CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD July 13, 1993 Item III-J.2. APPOINTMENT ITEM # 37055 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: ARTS AND HUMANITIES COMMISSION Giles Dodd Unexpired term thru 6/30/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 49 - Item III-K. I. UNFINISHED BUSINESS ITEM it 37056 Councilman Baum suggested that all Public Hearings be scheduled for the City Council Chamber. Councilman Baurn referenced the Public Hearing at Creeds concerning the Comprehensive Plan revisions for the Southern portion of the City. Five Members of the City Council were in attendance As this meeting was not recorded, only those in attendance were aware of the proposed changes. As a result of this Hearing, the Planning Commission Members were discouraged. Democracy was not that well served. Councilman Baurn hoped after completion of the workshops, the next Public Hearing will be SCHEDULED for the City Council Chamber. The Chamber would be more adequate and a recording wouM be provided. July 13, 1993 - 50 - Item III-K. 2. UNFINISHED BUSINESS ITEM # 37057 ADD-ON Councilman Dean complimented the ara'cle entitled: "Council Members Applaud Norfolk's New Ward System" in the Virginian-Pt'lot Ledger Star, Monday, July 12, 1993. Councilman Dean distributed copies of this arttcle. Same is hereby made a part of the record July 13, 1993 - 51 - Item 111-15.3. UNFINISHED BUSINESS ITEM # 37O58 Mayor Oberndorf referenced letter of July 12, 1993, from Mary Puryear Butler commending the Mayor, Vice Mayor and City Council concerning Churchill Downs supporting a horse racing track in Virginia Beach. Said letter is hereby made a part of the record. July 13, 1993 - 52 - Item III-L. 1. NEW BUSINESS ITEM # 37O59 Councilman Lanteigne referenced the article concerning Andre Cason, "Back on the Fast Track". Andre Cason was a graduate of Green Run High School and now is one of the premier runners in the World, beating Dennis Mitchell and two-time Olympic gold medalist Carl Lewis in the 100. Instead of training in either California or Florida, as he did in the past, Andre Cason has moved to Atlanta and works out at Georgia Tech and Emory University. He would love to train in Virginia Beach, but there are no Tartan 400-meter tracks. Councilman Lanteigne requested the City Manager work with the School Board to determine the cost of a Tartan track, whether an existing track could be retrofitted, or investigate the new Ocean Lakes High School for the possibility of establishing a Tartan track. July 13, 1993 Item III-L. 2. NEW BUSINESS ITEM # 37060 Councilman Moss referenced the Memorandum from the City Manager concerning Centerville Turnpike/Indian River Road Interchange/Kempsville Road and the widening at a cost of $1.4-MILLION for the redesign. Urban allocations from the State are going to be significantly reduced. With regard to the Centerville Turnpike/Kempsville Road at this cost growth of $1.4-MILLION, does it still have the same priorities as it had at the smaller scope of project. The City Council must significantly reexamine the City's Road CIP's both from a point of view of City Charter Bonds and other types of,funds that will be available tn the light of pressing school needs. Ralph Smith, Director of Public Works, had advised there wouM still be time in the design process. July 13, 1993 ltem III-L. 3. NEW BUSINESS ITEM # 37O61 Councilman Jones referenced the July Seventh correspondence of the City Manager concerning quarterly financial analysis for certain capital projects. The City Manager advised Ocean Park Storm Drainage (2-819) Project exceeded appropriations in the amount of $380,260, and recommended advertisement should be placed on hold. Councilman Jones expressed concern as this project has been continually postponed. Assurances had been given that this project wouM be completed. The City Manager advised the cost was becoming higher than the estimate; however, funds are available, and if it is the intent of City Counctl to proceed with this project, the staff will do so Councilman Jones advised the City Manager to proceed with the Ocean Park Drainage (2-819) Project. Item III-L. 4 NEW BUSINESS ITEM # 37062 Mayor Oberndorf advised City Staff had been monitoring the drainage problems and constant flooding of streets and property at Pine Ridge. Mayor Oberndorf referenced numerous phone conversations with Don Sullivan, a resident, concerning this situation. The City Council had agreed these problems would be addressed. The design has been completed. The City Manager advised the Pine Ridge project will be brought forward with the current Capital Improvement Program. July 13, 1993 - 56 - Item I[I-L.$. NEW BUSINESS ITEM tt 37063 A~ Council Members Lanteigne and Moss will not be in attendance for the City Council RETREAT on August 13 - 14, 1993, the City Manager will poll the City Council for another date. July 13, 1993 - 57 - Item III-L. 6. NEW BUSINESS ITEM # 37064 ADD -ON Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AGREED TO ADD TO THE AGENDA: City Manager's proposed Beach Management Plan to install parla'ng in the median/construct public restroorns, establish a 10% special tax district (NORTH BEACH AREA in the MANAGEMENT PLAN). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 58 - Item III-L. 7. NEW BUSINESS ITEM # 37O65 ADD -ON Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council REJECTED: City Manager's proposed Beach Management Plan to install parla'ng in the median/construct public restrooms, establish a 10% special tax district (NORTH BEACH AREA in the MANAGEMENT PLAN). Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None July 13, 1993 - 59 - Item III-M. 1. ADJOURNMENT ITEM # 37066 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 5:00 P.M. Beverly D~ Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE. July 13, 1993 B R L T R P E PAGE I R A Y J E N A S B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S I BRIEFINGS A AMPHITHEATRE FEASIBILITY STUDY Mark Wawner Economic Dev Project Mgr B STORM WATER MANAGEMENT RESCHEDULED SERVICE DELIVERY OPTIONS to FORMAL ANALYSIS SESSION II/III/E CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES - July 6, 1993 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/1 Resolution endorsing the Commonwealth ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Transportation Board proposed Transportation Enhancement projects/ authorizing the C~ty to pay 20% of the total cost for planning/design/ construction/including but not hm~ted to acquisition of easements/r-o-w 2 Resolution endorsing establishment of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Chesapeake Bay Alcohol Safety Acbon Program (formerly Tidewater ASAP) 3 Resolution authorizing Crestar Bank make ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y payment of $1,250 00 to Chase Manhattan Bank, N A. for lost bond coupons at $125 00 each and detached from General Obligation Pubhc Improvement Bonds Numbered 2836/ 2873 thru 2879/2986 and 2987 4 Ordinance authorizing acquls~bon of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y temporary/perpetual utlhty easement by agreement or condemnabon a Lakewlle Estates Water Project (KEMPSVILLE BOROUGH) b North Seaboard Road Sewer Project (PRINCESS ANNE BOROUGH) 5 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y $10,000 Grant re purchase of Emergency Information System Software (EIS/C)/prow:hng support to the Local Area Planning Committee {LEPC) 6 Ordinance to APPROPRIATE $15,000 ~n ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y FEMA funds re training requirements for the Fire Department's Urban Search and Rescue (USAR) Task Force 7 Ordinance to APPROPRIATE $3,700 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Dpt Agriculture re abatement of environmental damage to/restorabon of Wetlands ~n the City 8 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y $21,924 Grant from Virginia Chesapeake Bay Local Assistance Dpt/TRANSFER $12,544 from Reserve for Contingencies to Dpt of Planmng for cash match for a full-time Enwronmental Planner I poslbon 9 Ordtnance to ACCEPT/APPROPRIATE a ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y $35,578 Grant from the State Criminal Jusbce Sennces/TRANSFER $11,859 from Reserve for Contingencies to Police Dept re enhancing street level narcobcs enforcement through acquls~bon of spec4al~zed surve~llance/commumcabons equipment i , CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE July 13, 1993 B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S 10 Ordinance re Closed Circuit Telews~on ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y System operated by Police Dpt at the Oceanfront a ACCEPT/APPROPRIATE a $10,000 donation from the VB Hotel/Motel Association b TRANSFER $60,000 from the DEA Setzed Property Special Revenue Fund Reserve for Contlngenmes TRANSFER $80,000 from the General c Fund-Pubhc Safety Technology Reserve 11 Ordinance to TRANSFER $30,000 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y repair of concrete drrveways at the Kempsv~lle Fire Stabon 12 Ordinances authortz~ng temporary ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments. a Into a porbon of the C~ty's r-o-w of Shore DrIve to Umted States Navy re ma~nta~mng a bnck/cedar privacy fence at Welhngs Court to Joshn Street w~th encroachment ~nto r-o-w on Shore Dr~ve (BAYSIDE BOROUGH) b Into City's property known as Lynnhaven MunK:~pal Marina to Warner Athey re ma~nta~mng a bmber walkway at Vista C~rcle at Long Creek (LYNNHAVEN BOROUGH) H/1 Resolution authom'.~ng an agreement w~th ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the Caty at Chesapeake re usage of the AS REVISED T~dewater Detenbon Home consistent w~th 1993-1994 Operabng Budget $100,000 July 1, 1993/$400,000 September 1993/$438,965 July 1994 (Deferred 6/22/93) 2 Ordinance to APPROPRIATE ADOPTED 9-2 Y Y N Y Y Y N Y Y Y Y $10,293,500 to Pubhc Ut~hbes re increased cost for purchase of water from Norfolk/to be offset by corresponding ~ncrease ~n esbmated revenues from sale of water ~n Water/Sewer Fund 3 Ordinance to TRANSFER $43,300 from MOTION TO 2-9 Y N N N N Y N N N N N Storm Water Reserves to FY 1993-1994 ADOPT LOST Operabng Budget re In-House/Out- TO NEGATIVE Sourmng Study for Storm Water VOTE Management I/1/a LAND & COATES INC CUP motor APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y vehicle rentals (Ryder Truck) at Bonney CONDITIONED Road/Chestnut Avenue (LYNNHAVEN BOROUGH) b JAN KOTTKE CUP: child care center at APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y North Great Neck Road/Old Donabon Parkway (LYNNHAVEN BOROUGH) c ROBERT W. McTYRE CUP. 2 s~ngle- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y family dwelhngs m Ag Chstnct on 5465 CONDITIONED F~tztown Road (PUNGO BOROUGH) d CAROL YOUNG/ROBERT G YOUNG JR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP' 2 single-family dwellings ~n AG-2 CONDITIONED at 1495 Pnncess Anne Road (PUNGO BOROUGH) e CARR THOMPSON CUP motor vehicle APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y rentals at 362 North Witchduck Road CONDITIONED SuRe 8101 (BAYSlDE BOROUGH) f PetR~)n of the CITY for closure of a DEFERRED 10-1 Y Y Y Y Y Y Y N Y Y Y porbon of 19th Stree{ at Arcbc Avenue INDEFINITELY (VIRGINIA BEACH BOROUGH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: July 13, 1993 B R L T R P E PAGE: 3 R A Y J E N A B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S I/2/a (1) Ordinance for closure of a AUTHORIZED 10-0 Y Y Y Y Y Y Y Y Y Y A portion of a 15-foot alley FINAL B on Croatan Road/Atlanbc APPROVAL S Avenue/Croatan Beach T ~n petlbon of WHI'I-I' G A SESSOMS III I (LYNNHAVEN BOROUGH) N E D (2) Ordinance to APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y A $18,000 from sale of street B closure to ClP Project (Pubhc S Beach ~mprovements) re T acquiring additional pubhc A beach access to Croatan Beach I N E D b RODA ASSOCIATES COZ from R-5D to APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y B-2 4847 Dolton Drive (KEMPSVILLE BOROUGH) c NEW HOPE BAPTIST CHURCH CUP APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y church (expansion) Old Gmat Neck Road at Reagan Avenue (LYNNHAVEN BOROUGH) d Resolution referring to the Planmng ADOPTED 7-4 Y Y Y Y N Y Y N N N Y Commission proposed amendments to Secbons 502(A) and 502(E) of the CZO/amendment to Appendix of the Comp Plan re d~mens~onal requirements J APPOINTMENT ARTS AND HUMANITIES APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION G~les S Dodd Unexpired term thru 6/30/95 VIRGINIA BEACH TOWING RESCHEDULED B Y C O N S E N S U S ADVISORY BOARD K/I_ NEW BUSINESS ADD- C~ty Manager's proposed Beach REJECTED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Management Plan to ~nstall CITY STAFF'S parking meters/construct pubhc PROPOSAL restrooms/etc M ADJOURNMENT 5 00 PM CITY COUNCIL RECESS JULY 14 - 31, 1993