JULY 8, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde -Dtstrtct 4
HARRY E DIEZ, EL, Kempswlle -Dtstrtct 2
MARGARET L EURE, Centervtlle - Dtstr~ct I
REBA S Mc( LANAN, Rose Hall - Dt~trtct 3
RICHARD A MADDOX, Beach - D~trtct 6
JIM REEVE, Princess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VIi, LANUEVA, At-Large
ROSEMARY WILSON, At-Large
JA]VIES L WOOD, Lynnhaven -Dt3trtct 5
JAMES K SPORE, CttyManager
LESLIE L L1LLEY, Ctty Attorney
RUTH HODGES SMITH, MM(, Ctty( lerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
( lit HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGI¥IA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
8 July 2003
I. CITY MANAGER'S BRIEFING
- Conference Room -
2:30 PM
to
RED WING and STUMPY LAKE GOLF COURSES
C/ndy Curt/s, D/rector - Department of Parks and Recreat/on
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
4:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
A INVOCATION:
Reverend David Howard
Pastor
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
July 1, 2003
G. AGENDA FORA FORMAL SESSION
H. MAYOR'S PRESENTATION
o
RESOLUTION IN MEMORY OF RODNEY F. POCCESCHI
Mrs. Rodney Poccesschl
Chief A. M. Jacocks
I. PUBLIC HEARINGS
1. ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN
2. EXCESS PROPERTY at 2201 East Berne Circle, District 4 - Bayslde
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the C~ty Code:
a. § 10-1 changing the Election Voting Prowdence Precinct to Edwin Precinct
bo
ADD §§ 2-23, 2-91 and 2-451.1 re post employment activities of former Council
Members, officers, employees and certain appointees
.
Ordinance to DECLARE EXCESS PROPERTY on a parcel of land from Lake Bradford to
Lake Joyce; and; AUTHORIZE the C~ty Manager to convey th~s property to Yelrah Emit
Enterprises, L.L.C.
(DISTRICT 4 - BAYSIDE)
.
Ordinances to AUTHORIZE temporary encroachments into portions of the City's right-of-
way
4850 and 4857 Haygood Road by DAVID and DONNA GATLING to construct and
maintain a conduit re communication wires for Allsafe Self Storage.
(DISTRICT 4- BAYSIDE)
bo
W~ndsor Oaks Boulevard and Independence Boulevard by RAYMOND GOTTLIEB,
Manager for SANDLER DEVELOPMENT AT TOWNE SQUARE L.C. to
construct and mmntmn irrigation ~n a new development for s~ngle family homes; and
AUTHORIZE the C~ty Manager to execute all necessary documents.
(DISTRICT 3 - ROSE HALL)
Atlantic Avenue, 30th Street and the Greenbelt by THIRTY FIRST STREET, L.C. to
construct and mmntaln roof overhangs, balconies, domestic water main, fire main,
awning and pavers at the Hilton Resort and Conference Center.
(DISTRICT 6 - BEACH)
Resolution to AUTHORIZE the FY2003-04 Performance Contract between Virgima Beach
Commumty Serwces Board (CSB) and V~rg~ma Mental Health/Mental Retardation/Substance
Abuse Serwces (MH/MR/SA) re funding for servmes
C.
PLANNING
Application of GLENDA PALMER for a Con&ttonal Use Permtt re a tattoo parlor
(permanent make-up salon) at 3617 V~rgmm Beach Boulevard.
( DISTRICT 3 - ROSE HALL)
Recommendation: APPROVAL
M APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANN1NG DISTRICT COMMISSION (HRPDC)
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
SHORE DRIVE ADVISORY COMMITTEE
TOWING ADVISORY BOARD
YOUTH SERVICES COUNCIL
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call. TDD only 427-4305
(TDD- Telephonic Devine for the Deaf)
Agenda 07/03/gw
wwwvbgov com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 July 2003
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re RED WING AND
STUMPYLAKE COURSES tn the Ctty Counctl Conference Room, Ctty Hall Butldtng on Tuesday, July 8,
2003, at 2 30 P M
Council Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood
Counctl Members Absent
Ron A Ytllanueva [Entered 3 20 P MI
-2-
CITY MANAGER'S BRIEFING
RED WING AND STUMPY LAKE COURSES
2:30 P.M.
ITEM # 51400
Ctndy A Curtis, Director -Parks and Recreatton, advised the Pohcy Report relattve the Red Wing Lake and
Stumpy Lake Golf Courses was dtstrtbuted to Ctty Councd and ts hereby made a part of the record The
Vtrgmta Beach Department of Parks and Recreatton has operated the 288-acre Red Wing Lake Golf Course
smce tt first opened tn 1971 on land leased from the Commonwealth of Vtrgtma After many years of
dtscusston and negottatton, the Ctty recorded the Deeds of Sale and Property Settlement for Red Wing
Lake in July 2002. Additional land was acquired for a total of 420 acres.
The City acquired the 300-acre Stumpy Lake Golf Course in June 200I from the City of Norfolk, as apart
of the 1500-acre Stumpy Lake tract In 1953, the City of Norfolk opened the Robert Trent Jones, Sr,
destgned 18-hole golf course When the Ctty acqutred the Golf Course, the Lease Agreement for Stumpy Lake
was also transferred A revtsed lease, wtth Stumpy Lake Golf Course, Inc , (Merv Troyer, PrestdenO has been
wrttten and ts tn place The Lease Agreement can be cancelled by ettherparty wtth a 90-day nottce and wdl
expire no later than September 30, 2006 The corporatton pays the Ctty a ttered percentage of the gross
revenue In FY2001-02, over 45,000 rounds were played at the Course The Ctty recetved over $130,000
in lease payments.
Ms Curtis advtsed past studies addressing golf tssues tn Vtrgtma Beach
The Golf Destination Study, PKF Consulting, January 1996,
tndtcated Vtrgtnta Beach had the potenttal to become a golf
desttnatton
The Report of the Virginia Beach Golf Committee, September 1996,
included recommendattons to develop two (2) Tter 1 courses
(Tournament Players Club (TPC) on the Lake Rtdge property, elevate
Red Wing to a championship Tter 2 course and develop a Tier 2 course
at the West Neck property (Heron Rtdge)
The Financial Feasibility Study regardtng the renovatton and
expanston of Red Wmg Golf Course, PKF Consultmg, May 1998,
provtded projected costs and revenue mdtcattng the bustness mtght not
be able to support the investment assoctated wtth the upgrades and a
9-hole expanston
The Analysis of City of Virginia Beach Municipal Golf Courses,
National Golf Foundation, March 1991, "revealed an oversupply of
pubhc golf opportuntttes for restdents of the Ctty" &nce that report,
pubhc courses at Heron Rtdge, TPC and &gnature at West Neck have
opened tn our Ctty In addttton, Bay Creek, Cahoon Plantatton,
Rtverfront and Nansemond Rtver Golf Courses have opened tn the
regton Btde-A- Wee and Ocean Vtew muntctpal recreatton golf courses
also re-opened with extensive renovattons There are multiple "high-
end" dady fee golfing options avadable to the regtonal's Golfers
July 8, 2003
-3-
CITY M/INAGER'S BRIEFING
~D WING/IND STUMPY LAKE COURSES
ITEM # 51400 (Continued)
"Members of the pubhc brtng new perspectives tnto a process,
mteractton among parttctpants wtth dtfferent perspecttves ts hkely to
generate tdeas and tnstghts that would not otherwtse be obtatned"
(excerpt from a 1992 trade arttcle on Quahty Envtronmental
Management, authors Btngham and Church)
The trends in rounds of golf played in the City since 1997 are tmpacted by
The number of golf courses has increased from 6 to 10 since 1997
These new courses are high-end quahty with more expensive greens
fees
The population has increased 2% since 1997, yet golf rounds have
rtsen 39% durtng that same ttme frame
Golfers expect better quality playing conditions for reasonable rates
New courses have modern constructed greens and use vartettes of turf
that green-up earher and provtde better playtng surfaces The newer
courses have also addressed surface and putttng green dratnage
Weather conditions provided extended playing seasons in late Fall of
2001 and unacceptable playing conditions during the Summer and
late Fall of 2002
Most golfers frequent facilities that are less punitive in play and are
fairly priced.
The Ctty has entered tnto two (2)publtc-prtvatepartnershtpsfor htgh-end golf courses Heron Ridge and
Tournament Players Club (TPC) Stnce these two (2) courses are not yet at opttmum profitabthty, butldtng
another htgh-end course could be seen as tmpedtng future profitabthty of these courses In each of these
pubhc-prtvate partnershtps, the Ctty contrtbuted tnfrastructure asststance or allowed adjacent land to be
rezoned for restdenttal development Both agreements for the TPC and Heron Rtdge golJ courses requtre
yearly lease payments to the Ctty However, taxes generated at these facthttes can offset their yearly lease
payments The Heron Rzdge agreement also guarantees a netpercentage bepatd to the City begtnnmg wtth
the thtrd year of operatton Durtng the past calendar year, the Ctty recetved over $340,000 tn lease
payments and/or taxes pard collecttvely from the two agreements The Executtve Dtrector of the Vtrgtnta
Beach Golf Assoctatton and staff from Conventton and Vtsttor Development agree tt would be more
beneficial to take Red Wing Lake "offltne "for several months to improve the product for both our cmzens
and vtsttors There ts suffictent capactty tn other courses to absorb Red Wtng's potenttal rounds durtng the
renovatton
July 8, 2003
-4-
CITY MANAGER'S BRIEFING
RED WING AND STUMPY LAKE COURSES
ITEM # 51400 (Continued)
Relattvepubhc tnformatton, the Parks and Recreatton Commission held twopubhc meetings tn October 2000
to obtatn optntons on posstble renovattons to Red Wing Lake Golf Course Both meetmgs resulted tn mnety
(90%) percent support for Parks and Recreatton to renovate the Red Wing Lake Golf Course rather than
contract for another orgamzatton to renovate and operate the facthty The Golf Course Admtmstrator has
met and wtll conttnue to share tnformatton wtth representattves from the tndependent golfassoctatzons ustng
Red WtngLake At an Open House conducted tn October 2001, a "Ctttzens Chotce Board"process tndtcted
etghty-stx (86%) of respondents favored the Ctty conttnutng to own and lease the Stumpy Lake Golf Course
on a long-term basts with the leaseholder making necessary course improvements
Alternative Courses of Action
Refurbish by the City Plans to upgrade, moderntze and matntatn Red
Wtng and Stumpy Lake Golf Courses have been prepared These
tmprovements would tnvolve extendtng water and sewer to the stte, new
trrtgatton systems, new greens complexes, addresstng course dratnage,
cart path renovattons and improvements to the matntenance
complexes Each renovatton plan ts esttmated to cost $5-MILLIONper
course wtth the assoctated debt financed through a moderate tncrease
tn green fees Replacement of the clubhouse and cart storage are not
tncluded tn this tnzttal renovatton financtng plan but would be phased
tn after the course ts back tn operatton
Refurbish by the City including structures This alternattve would
provtde fundtngfor the constructton of a clubhouse, cart storage, new
on-course restrooms (portable totlets are currently used), repavtng of
parktng lots, addresstng the entrance and landscaptng around the
clubhouse A feastbtltty study completed tn 1997 tndtcated that tt would
be more effictent to replace the extsttng structures (accommodattng the
eventual needs of a 27-hole golf facthty) than to expand and brtng
them tnto acceptable standards The esttmated cost to provtde the
structures and improvements ts an addmonal $3-MILLION above the
$5-MILLION tn fundtng tdenttfied tn Alternattve #1 The extsttng
clubhouse and cart storage butldtngs are not ADA comphant
Public-Private Partnership Thts alternattve would tnvolve entertng
tnto a land lease wtth aprtvate developer who would finance, construct
and operate tmprovements to the golf course, whtch could tnclude a
teachmg academy and other amenities There ts no residential
component permttted at etther golf course stte to attract stgntficant
prtvate sector tnvestment There ts no avatlable land adjacent to the
courses for restdenttal development In many cases, restdenttal sales
normally offset golf course development or renovatton expendttures
July 8, 2003
-5-
CITY MANAGER'S BRIEFING
RED WING AND STUMPY LAKE COURSES
ITEM # 51400 (Continued)
Sale of Property: The properttes could be sold with an additional deed
restrtctton reqmrtng new ownership to develop and operate a pubhc
golf course The City worked over twelve (12) years to obtam
ownershtp of the Red Wtng Lake property The representattves tn our
legtslature may not favor the tdea of a qutck release of thts land The
commumty expressed strong reststance to the sale of the Stumpy Lake
property by Norfolk to a developer wtth tnterest tn butldtng homes
surroundtng the course
Status Quo There have been hmtted matntenance enhancements to the
two golf courses (wtth the exceptton of the recently resodded greens at
Stumpy Lake) Improvements and renovattons have been prudently
placed on bom Extsttng condtttons are playable, but not destrable
Weather and mfrastructure fatlures have resulted tn closure of the
courses on numerous days when other courses are open Many
restdents and tourtsts have elected not to return or chose to play other
courses due to the fact that tmprovements have been delayed and other
courses provtde better greens, tees and fairways
RECOMMENDATIONS
Alternative #1, creating a $5-MILLION Capital Improvement Project for Parks
and Recreation SI-MILLION, tn the first year, wtll be provtded for the mtttal
destgn, permttttng, stuches, tnstallatton of electrtcal servtce and constructton of a
new trrtgatton pump house at Red Wmg Lake Golf Course In the followtng year,
$4-MILLION wtll be contrtbuted to complete the project
The proposed fundmg source for the first year wtll be SI-MILLION from the Parks
and Recreatton Spectal Revenue Fund's balance Theproposed fundtng sources for
the second year wtll be $250, O00 from the Parks and Recreatton Spectal Revenue
Fund's balance, $1,250, O00 from the General Fund and an tssuance of $2 5-
MILLION tn general debt, wtth the understandtng that the general debt funds wtll
be repatd, wtth tnterest, by Parks and Recreatton through use of thetr Golf Course
Operattons revenue stream
Postpone the decision to contract the renovatton and management of Stumpy Lake
Golf Course until FY 2004-05 This would provtde additional time for the golf
market to stabthze and to determtne the best way for needed renovattons to be
undertaken The delay wtll enable the local golf market to mature, allow the
current leaseholder to recover the recent tnvestment tn soddtng the greens and
provtde an opportumty for the economy to stabthze
Rtchard T Nutter, Golf Course Admtntstrator, advtsed relattve the study, a Tier 1 was recommended (TPC)
and two (2) Tter II (West Neck and Redwtng (elevated to Tter II) &nce that ttme stgnature golf courses have
come on hne The Tter IV would be etther prtvate or mthtary golf courses
2003
-6-
CITY MANAGER'S BRIEFING
RED WING AND STUMPY L.4KE COURSES
ITEM # 51400 (Continued)
Ms Curtts advtsed to matntatn the tmprovements, a modest fee tncrease ts proposed $3-$5 per round for
residents and $10per round for non-residents (not in effect until 2005) The Summer rates of the ten (1 O)
golf courses were dtstrtbuted to Ctty Counctl and are hereby made a part of the record Fees for the Ctty's
four (4) courses Stumpy Lake, Red Wing Lake, Bow Creek and Kempsville Greens, are the least expenstve
Counctl Members Eure, Reeve and Dtezel suggested tncreastng the fees earher (t e a modest advance of
$! 00) to start butldtng a reserve, thus reductng the debt Counctl Members Eure and Dtezel are the Counctl
Ltatsons for Golf Courses Information relative this price increase shall be provided
Ms Curtts introduced the two (2) tnterns of Parks and Recreatton tn attendance Both young men are
graduates of James Ma&son Untverstty Craig Bryant and Jtm Nebgen
July8,2003
-7-
AGENDA RE VIEW SESSION
3:00 P.M.
ITEM # 51401
K I Or&nances to AMEND the City Code
ADD 3%~ 2-23, 2-91 and 2-451 1 re post employment activities of
former Counctl Members, officers, employees and certain
appotntees
The Ctty Attorney advtsed thts Ordtnance prohtbtts former Counctl Members, Ctty officers and employees
from betngpatd to asstst any party tn connectton wtth any proceedtng, apphcatton, case, contract, or other
matter tnvolvtng the City or a City agency, for a period of one year from the date their term of office expired
The tntent ts to prevent someone who has served as an officer or employee of the City from actually being
a halson or one of the negottators on a project and then leavtng and gotng tnto employment wtth a prtvate
firm representtng that firm trytng to do bustness wtth or for the Ctty
ITEM # 51402
K 3 Ordinance to AUTHORIZE temporary encroachments
tnto porttons of the Ctty's rtght-of-way
a 4850 and 4857 Haygood Road by DA VID and DONNA
GA TLING to construct and matntatn a conduff re
communication wires for Allsafe Self Storage. (DISTRICT
4 - BA YSIDE)
b Windsor Oaks Boulevard and Independence Boulevard by
RAYMOND GOTTLIEB, Manager for SANDLER
DE VEL OPMENT A T TO WNE S Q UARE L. C. to construct
and matntatn irrigation tn a new development for smgle
faintly homes, and AUTHORIZE the Ctty Manager to
execute all necessary documents (DISTRICT 3 - ROSE
H~L£)
Jtm Lawson, Pubhc Works - Real Estate, advtsed there ts a $150 O0 apphcatton fee for all encroachments
July 8, 2003
-8-
AGENDA RE VIEW SESSION
ITEM # 51403
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
K 10rdtnances to AMEND the Ctty Code
a ~ 10-I changtng the Provtdence Electron Vottng Prectnct to
Edwin Precinct
b ADD ~3~ 2-23, 2-91 and 2-451 1 repost employment activities of
former Counctl Members, officers, employees and certain
appomtees
K 20r&nance to DECLARE EXCESS PROPER TYon aparcel
of land from Lake Bradford to Lake Joyce, and,
AUTHORIZE the Ctty Manager to convey thts property to
Yelrah Emit Enterprises, L.L.C. (DISTRICT 4 - BA YSIDE
K 30r&nance to AUTHORIZE temporary encroachments tnto
portions of the Ctty's right-of-way
a 4850 and 4857 Haygood Road by DA VID and DONNA
GA TLING to construct and matntatn a conduit re
communication wires for Allsafe Self Storage. (DISTRICT
4 - BA YSIDE)
b Wtndsor Oaks Boulevard and Independence Boulevard by
RAYMOND GOTTLIEB, Manager for SANDLER
DEVELOPMENTA T TO WNE SQUARE L. C. to construct
and matntatn irrigation tn a new development for stngle
faintly homes, and AUTHORIZE the Ctty Manager to
execute all necessary documents (DISTRICT 3 - ROSE
HALL)
Atlanttc Avenue, 30'h Street and the Greenbelt by THIRTY
FIRST STREET, L.C. to construct and matntatn roof
overhangs, balconies, domestic water main, fire main,
awning and pavers at the Hdton Resort and Conference
Center (DISTRICT 6 - BEACH)
K 4 Resolution to AUTHORIZE the FY2003-04 Performance
Contract between Vtrgtnta Beach Communtty Servtces
Board (CSB) and Vtrgtnta Mental Health/Mental
Retardatton/Substance Abuse Servtces (MH/MR/SA) re
fundtng for servtces
July 8, 2003
-9-
AGENDA RE VIEW SESSION
ITEM # 51403 (Continued)
PLANNING
L I Apphcatton of GLENDA PALMER for a Condtttonal Use
Permtt re a tattoo parlor (permanent make-up salon) at
3617 Vtrgtnta Beach Boulevard
(DISTRICT 3 - ROSE HALL)
Counctl Lady Wdson wdl ABSTAIN on Item K 3 c
Vtce Mayor Jones wtll ABSTAIN on Item L 1
Juzy
-10-
CITY COUNCIL LIAISON REPORTS
3:30 P.M.
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404
Counctlman Maddox, Vtrgtnta Beach Commtsstoner - Hampton Roads Transportation District
Commission (HRT), advtsed several months ago Ctty Counctl expressed a destre to acquire the Norfolk
Southern Railroad right-of-way as a vital east/west corridor within our City Norfolk ts vtgorouslypursumg
the light rail project extendmg from Eastern Vtrgtnta Me&cai School (EVMS) to Newtown Road
(Sentara/Letgh HospttaO As a result of the Ctty's mterest, Councdman Maddox was approached by the Ctty
of Norfolk as to the posslbthty of extendtng thetr hne to Towne Center, therefore, connecting the two (2)
financial districts of the two cities Thts would be the essence of regtonahsm wtth the cooperattve jotnt
project of hnkmg both Norfolk and Vtrgtnta Beach symbohcally and economtcally Thts concept even has
the future potenttal of hnktng an eventual htgh speed ratl hne The presentatton wtll be dtvtded tnto three
(3) parts
Norfolk Southern Railroad Right-Of-Way Corridor acquisition
Norfolk Light Rail project
Virginia Beach Potential
dayne B Whttney, Chtef Development Officer - Hampton Roads Transtt, advtsed tn 1996 a Letter of lntent
wtth Norfolk Southern detatled the servtce tssues whtch tnvolved runntng passenger servtce wtth fretght
servtce In February 2002, ajotnt appratsal was performed wtth Norfolk Southern re the enttre rtght-of-way
between Norfolk and Vtrgtnta Beach Ms Whttney &splayed a map deptcttng the rtght-of-way
Norfolk Southern Railroad Corridor
Preservatton of rtght-of-way
Norfolk Southern Radroad ts filmgfor abandonment of the hne
Fretght servtce has been dtsconttnued wtth only one customer
conttnutng to be served pen&ng other arrangements
Lmear rtght-of-way ts very scarce
Preserve opttons for future transportatton and development uses
Stakeholders must work together to preserve Norfolk Southern
rtght-of-way
Stnce the dtsconttnuatton of servtce, and other new factors, HRT has updated the Letter of Intent to Norfolk
Southern Thts tncludes recogmtton of some of the project ttems, whtch no longer need to be referenced
There are a number of stakeholders HRT wishes to preserve the right-of-way for future transportatton
purposes tn partnershtp wtth the City and make sure a Memorandum of Understan&ng (MEO) protects
Vtrgtnta Beach's tnterests as the project moves forward Norfolk Southern reqests one party be the "lead
negottator"
July 8, 2003
-11-
CITY COUNCIL LIAISON REPORTS
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404 (Continued)
Norfolk Southern Railroad Corridor
A votd the "New Orleans Experience"
Linkage available from DownWwn to Airport
Followed abandoned Kansas City Southern Railroad
Only 85% of Railroad is still intact
Norfolk Southern Railroad negotiations with HRT and other
interested parties that include:
Norfolk
Virginia Beach
Norfolk State University
Goal is to complete negotiation by end of 2003
Relattve the Memorandum of Understanding (MOU), Hampton Roads Transff (HRT) would be the lead
negottator A new appratsal ts betng conducted, esttmated to be accomphshed tn July A paragraph tn the
MOU ts the pursutt ora lease purchase rather than outrtght purchase A title search and encroachment
survey of the rtght-of-way ts currently betng conducted for the Ctty of Norfolk and wtll ensue for the Ctty
of Vtrgmta Beach durmgfurther discussions of the MOU. One of the advantages of preservmg the rtght-of-
way and posstbly utthztng a portion of this right-of-way for mass transtt purposes, ts to be able to request
the Federal Transtt Admtntstratton to provtde any fundmg the Ctty would put forth tn purchasing the
ratlroad rtght-of-way HRT wall follow negottattons of Norfolk Southern wtth the Surface Transportatton
Board, whtch should be completed by the end of the year Hopefully tn the Fall, there wtll be a conveyance
of property from the rtght-of-way
Michael Townes, President and Chtef Executive Officer - Hampton Roads Transit, advised once the
acqutsttton of the rtght-of-way occurs, there would not be an ongoing cost In the course of developing the
Memorandum of Understanding, thefinanctal responstbthttes of all theparttes would be detatled The mam
responstbdtty of the Ctty of Vtrgtnta Beach would be to pay the cost of acqutrmg the hne Jhere mtght be
some restdual legal fees HRT at the present ttme ts only requesttng Vtrgtnta Beach to parttctpate tn the
negotiations for the purchase of a rtght-of-way
Mr Ray Amoruso, Prtnctpal- Norfolk Ltght Ratl project - URS Corporatton, provtded a brtef update relattve
Norfolk Light Rail Transit
Currently in Preliminary Engineering
8 miles double-track, I I proposed stations
$207-MILLION tn Year 2006 (about $28-MILLION per mtle)
Cost effecttve project when compared to other Untted States
Ltght Ratl projects
Uses tnnovattve destgn and constructton techntques
Anttctpated opentng tn 2008
Serves Norfolk employment centers
July $, 2oo
- 12-
CITY COUNCIL LIAISON REPORTS
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404 (Continued)
Virginia Beach Potential Virginia Beach Town Center
Spans 17 ctty blocks (about 70 acres)
Town Center ts the heart of a new mtxed-use "Matn Street" style
development wtthtn the Ctty's emergtng Central Bustness Dtstrtct
Equtdtstant from 85% of the regton's populatton
Has more than 330, O00 people hvtng tn a 5-mile radmm
Wtll have 832, 500 square feet of retatl space
334 restdenttal untts
Eleven mtles to Norfolk's downtown
Downtown Norfolk and Vtrgtnta Beach Town Center
Ltnktng major financtal centers
Light Rail Transit
LRT is a catalyst which
Connects major developments tn a regton
Promotes stgntficant redevelopment projects wtthtn a ctty
Provtdes an alternattve mode of access and ctrculatton tn a downtown
Rail Transit Results in an Economic Return on the Public's Investment
Dallas
$150-MILLION hotel
Telecom corrtdorjotnt development
24 7% increase tn commerctal/office land value near LRT
stattons
San Diego
Typtcal home value tncreased $2 72for every 1 O0 meters closer
to statton
Portland
Investments exceed the cost of the project five-fold
Restdenttal property values tncrease$ 75 for every 100feet
closer to station
St. Louis
15% of downtown retatl traffic ts from Metrohnk
Santa Clara County
Commerctal property values increase 23% ($4 per square fooO
1/4-mtle from statton
duly & 2003
- 13-
CITY COUNCIL LIAISON REPORTS
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404 (Continued)
Twenty-six (26) of the thirty (30) largest transtt systems tn the Untted States are buthhng or currently
operattng fixed gutdeway systems
Denver's Central Corridor
Five Points LRT Development
$50-MILLION tn new homes, stores and offices planned
$12 5-MILLION development (The PonO underway, 6, 000
square feet of groungfloor retatl, office, condo, 35 apartments,
33 condomtntums
Denver's Southwest Corridor
Englewood City Center
55 acres, $15 5-MILLION tnvestment
500 restdences, 126, 000 square feet of retatl, 50, 000 square feet
of offices, new Ctty Hall
Outdoor plaza wtth dtrect pedestrtan access to LRTstatton
Aspen Grove Lifestyle Center
At current termtnus of Southwest Corrtdor LRT
280, 000 square feet of retad open (54 stores and restaurants)
Addtttona1300, 000 square feet of office and/or multtfamtly
houstng planned
Portland Downtown Plan
60% ground floor retail
Htghest denstty on Mail
Mtx of uses
Development at a pedestrtan scale
Blank walls dlegal
Restdenttal
Parking Strategy
Ltmtts on parktng
Maxtmum parktng rattos
1 space for every four (4) office workers
Retatl parktng program
July 8, 2003
- 14-
CITY COUNCIL LIAISON REPORTS
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404 (Continued)
Downtown Portland ts boomtng Portland's employment has increased from 56, 000 to 109, O00jobs One
thtrd of the work trtps are by transtt (hght ratl specifically)Ltnktng transportatton and land use has made
a dtfference as Portland's share of regional housing has grown nearly 3-fold (7 65% tn 1986 to 18 2% tn
1998) Portland has grown up, not out From 1979 to 1997, Portland grew by 30% m populatton and 16%
tn land area From 1990 to 1995, Atlanta sprawled 40 trines faster than Portland tn 20years
The Federal Transtt Admtntstratton has land use pohctes that encourage thts type of development Under
the New Starts Program, there are fundtng tncenttves for Transit Oriented Development (TOD):
Contatnment of sprawl
Focus grown on corrtdor
Transtt friendly zoning
Mtx of uses
Pedestrtan scale
Increased denstty
Parktng hmtts
Mr Amoruso dtsplayedphotographtc examples of a TOD netghborhood development Kentlands, Maryland
and San Dtego, Cahfornta
Mr Amoruso advtsed the technologtes of the Old Domtmon Umverstty Mag Lev and Ltght Ratl are dtfferent
Mag Lev, tn the eyes of the Federal Transtt Admtntstratton, ts sttll tn the research and development phase
and FTA prefers fundtng be provtded to proven technology
Mr Townes advised tn conversation with the Board Members and OId Domtmon Umverstty, Amertcan Mag
Lev and Domtnton Vtrgtnta Power, they have been assured tf thts technology reaches the potnt where
fundable, rehable and safe, HR T would be proud to be the first transtt agency to demonstrate the low speed
urban Mag Lev
Councdman Maddox advised the Governor relayed his support of this tmttattve Vtrgtnta Beach has only
to fund the tncremental 3 ~ mtles to tte these two ctttes together
The Ctty Manager advtsed the Light Rail Transit Referendum was November 2, 1999
Should the City Council adopt an ordinance approving the
development and financing of the proposed Virginia Beach-Norfolk-
Naval Base Light Rail Transit Project?
The Referendum LOST:
YES
NO
3&11o
41,499
July & 2003
- 15-
CITY COUNCIL LIAISON REPORTS
LIGHT RAIL AND ECONOMIC DEVELOPMENT
ITEM # 51404 (Continued)
Relattve comparison of costs of highway and light rail per mile, Mr Amarusso advtsed
Light Rail $28-MILLION (double track)
Highway $ 75-MILLION (two lanes)
Mr Townes requested the Resolutton* (ADOPTED November 9, 1999), be revtsed or correspondence
furmshed tn order for Mr Townes to provtde further tnformatton
*Resolution to declare, as a result of the Vtrgtnta Beach voters'
expresston (November2, 1999, Advtsory Referendum) that the Ctty wtll
not parttctpate further tn the Ltght Ratl Transtt ProJect
Mr Townes referenced none of the mumctpahttes have expended funds tn the study of Light Rail
B Y CONSENSUS, Ctty Counctl chrected staffrefinahzmg the Memorandum of Understanding (MOU)
for acqutrtng the Norfolk Southern Railroad Corridor to preserve the rtght-of-way Ctty Counctl will be
kept appratsed relattve all negottattons However, no commitments are made relattve Light Rail.
Information relative the Referendum, Resolutton ADOPTED by City Council on November 9, 1999, and
prevtous studtes relattve Ltght Ratl wtll be provtded Bastc stattsttcs shall also be furmshed relative the
number of tndtvtduals who populate Town Center and the new Conventton Center The Conventton Center
and Town Center were not a reahty when the prevtous Light Rail Referendum fatled Revtsed constructton
costs concerntng Light Rail shall be provtded Thts toptc shall be dtscussed durtng the City Council Retreat,
after asstmtlatton of ~nformatton
Mr Dale Castellow, Transportatton Plamng Coor&nator, advtsed bullet potnts shah be asstmdated from
the old study
July 8, 2oos
-16-
CITY COUNCIL LIAISON REPORTS
ITEM # 51405
Counctl Members Wood and Schmtdt, Counctl Ltatsons- Performing Arts Theatre, advtsed meettng wtth
School Board Ltatsons Ned Rose and Jtm DeBelhs, last Thursday, July 3, 2003, to chscuss the Performing
Arts Theatre/Academy.
Counctlman Schmtdt referenced correspondence tn Ctty Councils 'packages There ts prehmtnary tnterest
Counctl Members Wood and Schmtdt, wtth the Ctty Manager and staff, requested permtsston to make a
presentatton to the School Board on July 15, 2003, relattve the Performing Arts Theatre A report wtll be
provtded to Ctty Counctl durtng thetr Retreat
July 8, 200s
-17-
COUNCIL COMMENTS
5:00 P.M.
ITEM # 51406
Councdman Vdlanueva referenced the events durtng the Fourth of July Weekend The Filipino Friendship
Day Picnic was a great success and the fireworks were beauttful Councdman Vdlanueva referenced the
unfortunate tnctdent, the death of Anthony Buco David II, Saturday mormng, July 5, 2003 Davtd's cause
of death was blunt force trauma to the head and neck, resulting from an attack by a group
Counctl Members Wood, Reeve, Maddox, the City Attorney, members of the Pohce Force, and
representattves of the resort tndustry, were walktng the Resort area thts past weekend Thts was defimtely
not a 'family friendly" ctty at 11 30 that evemng The four had walked the Beach last Fourth of July
weekend Thts weekend behavtor had detertorated Councdman Maddox referenced concerns of businesses
tn the resort area There ts much to be accomphshed to allevtate these problems
Councdman Wood advtsed there are stgns tnstalled by resort owners, whtch vtolate the Zomng Ordmance
Hotel owners squtrt ketchup and mustard on the fronts of thetr hotels to prevent loitering Parktng lots,
whtch did not comply wtth the parktng lot ordtnance, are open and completely occupted There are booths
on the stdewalks erected to sell merchandtse
Councdman Reeve expressed concern relative loitering and promottngfamdy entertainment after a certatn
ttme Last year the Beach Street mustctans were very promtnent and surrounded byfamdtes The frequency
and ttme frame of these events has been reduced Famthes were not congregattng on Atlanttc Avenue The
Highway to the Resort was closed down at 1 O0 A M
Councdman Vdlanueva beheved most of the bar estabhshments were complytng wtth the ABC regulattons,
however, the matn problem were the groups lottertng on the stdewalks, blocktng estabhshments t e tce cream
shops, restaurants
The Ctty Attorney advtsed thts ts a complex soctal phenomena, assoctated wtth the resort area There ts an
ongotng soctal expertment to find the rtght balance Constttuttonal rtghts are tnvolved Extraordtnary costs
are assoctated wtth large groups lottertng after all estabhshments have closed Thts concentratton requtres
a pohceforce and manpower to mamtatn order
The Ctty Manager advtsed relative behavtoral problems, a group meets every other week A resort area
group meets wtth all representatives to dtscuss these tssues and make changes A tlanttc Avenue can be closed
for traffic purposes due to grtdlock
Mayor Oberndorf advtsed the Youth Intervention Team has been an asset, armed only wtth thetr smde and
tntellect Colonel Fuller worktng wtth the Friendship Patrol, although not tn as great a number as prevtous
years, creates a perceptton of famdy ortented entertainment The church groups have not been provtdmg
as many volunteers for thts Frtendshtp Patrol
Councdman Maddox referenced Beach Street started tn 1997, wtth twenty-four (24) acts (three (3) acts per
block for etght (8) blocks) Mustc dramatically changed the envtronment Saturday mght, July 5, 2003, there
were only stx (6) acts The pohce are dramattcally outnumbered A PA system wtth suttable mustc ts
essenttal after culmtnatton of the acts An Adult Ntght Club Dtstrtct needs to be created off of Atlantic
Avenue
July 8, 2003
- 18-
COUNCIL COMMENTS
ITEM tt 51406 (Continued)
Mayor Oberndorf referenced the Amertcan Mustc Festtval as betng a postttve famtly experzence
Entertatnment was made avatlable free
The Ctty Attorney wtll review whether the Ctty can regulate parktng fees
Mayor Oberndorf expressed deep sorrow for the loss of a young hfe and concern relattve the regulatton of
bars
Relattve enforcement by the Vtrgtnta State Alcohol Beverage Control Board (ABC), Chtef dacocks, Pohce
Department, shall provtde tnformatton
July 8, 2003
- 19-
ITEM # 5140 7
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall ButMmg, on Tuesday, July 8, 2003, at 5 35
PM
Councd Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Mayor Meyera E Oberndorf dsm Reeve, Peter W
Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Absent
Rtchard A Maddox
July 8, 200.
- 20-
ITEM # 51408
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews
of prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appomtees, or employees
pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt Appotntments Boards and Commtsstons
Arts and Humantttes Commtsston
Beaches and Waterways Commtsston
Development Authortty
Hampton Roads Economtc Development Alhance
Hampton Roads Planmng Dtstrtct Cotnmtsston
Mmortty Bustness Counctl
Parks and Recreatton Commtsston
Performtng Arts Theatre Advtsory Commtttee
Pubhc Ltbrary Board
Shore Drtve Advtsory Commtttee
Towtng Advtsory Board
Youth Servtces Coordtnattng Counctl
Upon motton by Vtce Mayor Jones, seconded by Councilman Wood,, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Counctl Members
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Mayor Meyera E Oberndorf, dtm Reeve, Peter W
Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Vottng Nay
None
Counctl Members Absent
Rtchard A Maddox
(Personal Recess 5:3 7 P.M. - 5:40 P.M.)
(5:40 P.M. - 6:00 P.M. )
July 8, 2003
-21 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Jul. v & 2oos
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, July 8, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm
Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
INVOCATION Reverend Davtd Howard
Pastor
Brook Bapttst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
July 8, 2003
Item V-E.
- 22 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51409
Upon motton by Councilman Wood, seconded by Counctlman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meetmg
requtrements by Vtrgtnta law were &scussed tn Closed Sesston to whtch
this certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 200s
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~ma Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM # 51408, page 20, and ~n accordance w~th the
provm~ons of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711 (A) of the Code ofV~rglma reqmres a certification by the govermng
body that such Closed Session was conducted m conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Council hereby certifies
that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open
Meeting reqmrements by V~rg~ma law were &scussed ~n Closed Sessmn to which th~s cert~fi cat~on resolution
apphes, and, (b) only such pubhc business matters as were ~dent~fied ~n the motion convemng th~s Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
i~t~h Hodge~Sm~, MMC
C~ty Clerk
July 8, 2003
- 23 -
Item V-F. 1.
MINUTES
ITEM # 51410
Upon motton by Vtce Mayor Jones, seconded by Councdman Schmtdt, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL and FORMAL SESSIONS of July 1, 2003.
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L
Wood
Council Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
- 24 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51411
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
~uly ~, 2oo_~
Item V-H. 1.
- 25 -
MA YOR 'S PRESENTATION
ITEM # 51412
Mayor Meyera E Oberndorf presented
RESOLUTION IN MEMORY OF RODNEY F. POCCESCHI
to
Mrs. Rodney Pocceschi
Mrs Rodney (Marta) Poccescht accompamed by Chtef Jacocks, ACCEPTED the Resolutton
Rodney F Poccescht, grew up tn the Wilkes-Barre, Pennsylvama, area and received a degree tn Crlmtnal
Justtce from Bloomsburg Umverstty where he played football, wrestled and began his career tn law
enforcement with the Untverstty Pohce Department tn 1992 Rodney F Poccescht was appomted to serve
as a Vtrgtnta Beach Pohce Officer on August 8, 1999, where he proudly served and was the rectptent of a
Spectal Commendation Award for hts work tn the estabhshment and tmplementatton of a successful
Commumty Pohctng initiative destgned to reduce netghborhood crime,
Officer Poccescht worked diligently to tmprove the quahty ofhfe for all our ctttzens, espectally those of the
Fourth Pohce Prectnct where he served prtor to jotmng the Spectal Enforcement Team on June 1, 2003
Officer Rodney F Poccescht, who served honorably, gave his hfe on June 23, 2003, while executmg hts
duttes as a Law Enforcement Officer, thus demonstrating excepttonal strength, courage and valor tn the
htghest tradttton of the professton and the Vtrgtnta Beach Pohce Department The Counctl of the Ctty of
Vtrgtnta Beach wtshes to express tts great sorrow and regret at the tragtc death of thts exemplary Pohce
Officer
Officer Poccescht ss survived by his wife, Maria and his son, Carson, nine months
July 8, 2003
WHEREAS, 1~odney F Pocceschz, grew up tn the Wdkes-Barre, Pennsylvania area
and received a degree tn Crtmtnal Justice from Bloomsburg University where he played football, wrestled
and began his career tn law enforcement wtth the Umverstty Police Department tn 1992,
WHEREAS, Rodney F Poccesch~ was a devoted husband to Marta and proud father
to 9 month oM Carson, the joy ofhts hfe,
WHEREAS, Rodney F Poccescht was appotnted to serve ~' a Vtrgznta Beach Pohce
Officer on August 8, 1999, where he proudly served and was the rectptent of a Spectal Commendatton
Award for his work tn the estabhshment and tmplementatton of a successful Communtty Poltctng
zntttattve destgned to reduce neighborhood crime,
WHEREAS, Officer Poccescht worked chhgently to improve the quahty of hfe for all
our citizens, espectally those of the Fourth Pohce Prectnct where he served prtor to jotnmg the Special
Enforcement Team on June I, 2003,
WHEREAS, Officer Rodney F Poccescht, who served honorably, gave his life on
June 23, 2003, whtle executtng hts duties as a Law Enforcement Officer, thus demonstrattng exceptional
strength, courage, and valor tn the highest trachtton of the professton and the Vtrgtma Beach Pohce
Department,
WHEREAS, The Councd of the C~ty of Vtrgtnta Beach wtshes to express tls great
sorrow and regret at the tragtc death of this exemplary Pohce Officer,
NOW, THEREFORE, BE IT RESOLVED, that the Ctty Clerk of the City of
Vtrgmta Beach ts hereby dtrected to prepare a copy of thts resolutton for presentatton to the faintly of
Pohce Officer Rodney F. Poccescht as an expresston of the high regard tn whtch he was hem and the
affection with whzch he wtll be remembered by the Members of the Czty Council, hts colleagues and the
citizens he served
Reba S McClanan, Counctl Member James ~ood, ~'Counctl Member
I ]~eyera E Oberff~orf Mayor
- 26-
Item VJ. 1.
PUBLIC HEARING
ITEM # $1413
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ELECTION VOTING PRECINCT name change from PROVIDENCE to EDWIN
There betng no speakers regtstered, Mayor Oberndorf CLOSED THE PUBLIC HEARING
July 8, 2003
-27-
Item V-I. 2
PUBLIC HEARING
ITEM # 51414
Mayor Oberndorf DECLARED ,4 PUBLIC HE,4RING:
EXCESS PROPERTY at 2201 East Berrte Ctrcle, Dtstrtct 4 - Baystde
Dane Lambert, Manager and Member of Yelrah Emtt Enterprtses, L L C proposes to acqutre a portton of
25-foot strtp of Ctty owned property runntng between Lake Bradford and Lake doyce
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HE,4RING
July 8, 2003
- 28-
Item V-K.
ORDINANCES/RESOL UTION
ITEM # $1d15
Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, City Councd APPROVED IN ONE
MOTION Ordtnances/Resolutton la~b, 2, 3al'o, and 4 of the and Planmng 1 of the CONSENTAGENDA.
Votmg 11-0 (By ConsenO
Councd Members I,'ottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter
IV Schmtdt, Ron A l/tllanueva, Rosemary IVtlson and James L IVood
Council Members Vottng Nay
None
Councd Members Absent
None
Councdman Jones ABSTAINED on Item L 1 (GLENDA PALMER), as hts funeral home property ts
adjacent to the subject property (3600 l&rgmta Beach Boulevard)
July 8, 2003
Item V-K.l. afo.
ORDINANCES/RES OL UTION
- 29-
ITEM # 51416
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnances to AMEND the Ctty Code
A 3~ 10-1 changtng the Providence Electron Vottng Prectnct to
Edwin Precinct
B ADD 3%~ 2-23, 2-91 and 2-451 I repost employment activities of
former Counctl Members, officers, employees and certain
appotntees
Votmg 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2oos
AN ORDINANCE TO AMEND THE CITY CODE BY
CHANGING THE NAME OF THE PROVIDENCE PRECINCT
TO EDWIN PRECINCT
SECTION AMENDED' § 10-1
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 10-1 of the City Code is hereby amended and
reordained to read as follows-
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following
precincts and their respective polling places, as set forth below-
Precinct
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Brookwood
Buckner
Cape Henry
Polling Place
Alanton Elementary School
Kemps Landing Magnet School
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Brookwood Elementary School
Holy Spirit Catholic Church
Research and Enlightenment Building (Edgar
Cayce Library)
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
49
5O
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Colony
Courthouse
Creeds
Culver
Dahlia
Davis Corner
Eastern Shore
Edinburgh
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Back Bay Christian Assembly
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Green Run High School
Berrie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Episcopal Church
Fairfield Elementary School
Princess Anne Middle School
Glenwood Elementary School
All Saints Episcopal Church
Green Run Elementary School
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
Kingston Elementary School
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
Lake Smith
Landstown
Larkspur
Linkhorn
London Bridge
Lynnhaven
Magic Hollow
Malibu
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence Edwin
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Windsor Woods Elementary School
First Baptist Church of Virginia Beach
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsville Recreation Center
Seatack Elementary School
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad Building
Salem United Methodist Church
Seatack Community Recreation Center
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
Shannon
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thalia
Thoroughgood
Timberlake
Trantwood
Village
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Precinct
Church of the Ascension
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of Virginia
Providence Elementary School
Strawbridge Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Thalia Lynn Baptist Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Avalon Church of Christ
Agriculture/Voter Registrar Building
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 8TM day of July, 2003.
CA-8921
DATA/ORDIN / PROPOSED/10- lord. wpd
RI
June 19, 2003
Requested by Councilmember Reba S. McClanan
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO AMEND THE CITY CODE BY ADDING
SECTIONS PERTAINING TO POST-EMPLOYMENT
ACTIVITIES OF FORMER COUNCILMEMBERS, OFFICERS,
EMPLOYEES AND CERTAIN APPOINTEES
SECTIONS ADDED' ~ 2-23, 2-91, and 2-451.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-23, 2-91 and 2-451.1 of the City Code are
hereby added to read as follows:
Sec. 2-23. Restrictions on post-employment activities of former
members of council.
For one (1) year after their terms of office have ended,
members of council may not provide personal and substantial
assistance for remuneration of any kind to any party, in connection
with any proceedinq, application, case, contract, or other
particular matter involvinq the City or an agency thereof, if that
matter is one in which the former member of council participated
personally and substantially as a member of council throuqh
decision, approval, or recommendation.
Sec. 2-91. Restrictions on post-employment activities of former
officers and employees.
For one (1) year after their terms of office have ended or
employment has ceased, City officers and employees may not provide
personal and substantial assistance for remuneration of any kind to
26 any party, in connection with any proceedinq, application, case,
27
28
29
30
contract, or other particular matter involving the City or an
agency thereof, if that matter is one in which the former officer
or employee participated personally and substantially as a City
officer or employee through decision, approval or recommendation.
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Sec. 2-451.1. Restrictions on post-employment activities of
certain appointees.
For one (1) year after their terms of office have ended,
appointees of council who received monetary compensation for
service on any agency, board, commission, authority, committee, or
task force may not provide personal and substantial assistance for
remuneration of any kind to any party, in connection with any
proceeding, application,.case, contract, or other particular matter
involving the City or an agency thereof, if that matter is one in
which the former appointee participated personally and
substantially as a council appointee through decision, approval or
recommendation.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 8TM day of July, 2003.
CA-8909
DATA/ORDIN / PROPOSED/02-23 & 9 lord. wpd
R3
June 21, 2003
VIRGINIA ACTS OF ASSEMBLY-- 2003 SESSION
CHAPTER 945
An Act to amend and reenact ~ 15 2-1408 of the Code of Vtrgmta, relating to act~vtttes of former
local officers and employees
Approved March 24, 2003
IH 17881
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1408 of the Code of Virginia is amended and reenacted as follows:
§ 15 2-1408 Restrictions on actlmt~es of former officers and employees by certain counties and
cities
The provisions of this section apply to any county having a population between 48,000 and
50,000, or between 60,000 and 62,000, or to any ctty havmg a populatton of more than 425,000 In
any such county or ctty, the board of :',:pe:'v:gers governmg body, by ordinance, may prohibit former
officers and employees, for one year after their terms of office have ended or employment ceased,
from providing personal and substantial assistance for remuneration of any land to any party, In
connection with any procee&ng, apphcat~on, case, contract, or other particular matter ~nvolvlng the
county or ctty or an agency thereof, ff that matter is one in which the former officer or employee
partlc~pated personally and substantially as a county or ctty officer or employee through dec~slon,
approval, or recommendation
The term "officer or employee," as used in this section, includes members of tho beard of
superv:sers local governing bo&es, county or ctty officers and employees, and individuals who
recmve monetary compensation for service on or employment by agenmes, boards, authorities, sanitary
&strlcts, commlss~ons, committees, and task forces appmnted by the beard of supep.':sers local
governmg body
Item V-K. 2.
- 30-
ORDINANCES/RESOL UTION
ITEM # 51417
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED:
Or&nance to DECLARE EXCESS PROPERTY on a parcel of land
from Lake Bradford to Lake Joyce, and, AUTHORIZE the City
Manager to convey thts property to Yelrah Emit Enterprises, L.L.C.
(DISTRICT 4 - BA YSIDE
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Councd Members Vottng Nay
None
Counctl Members Absent
None
July a, 2003
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
CITY MANAGER TO CONVEY SAME TO
YELRAH EMIT ENTERPRISES, L L C
WHEREAS, the City of V~rginla Beach (the "City") acquired btle from the C~ty
of Norfolk in and to a parcel of real property which included a strip of land 25 feet wide
7 extending eastwardly from Lake Bradford to Lake Joyce (the "Property") by deed recorded
8 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
9 Book 1018, at Page 15, as shown on Location Map, attached hereto.
10
WHEREAS, the City Council is of the opinion that a portion of the
11 PROPERTY referenced as "APPROX. 3,002 S F / 0.069AC "as shown on Location Map
12 is in excess of the needs of the City of Virginia Beach and should be sold to Yelrah Emit
13 Enterprises, L.L.C, and
WHEREAS, an appraisal of market value has been prepared by a qualified
1.5 appraiser and has been delivered to and approved by staff of the City.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA
18
1 That the portion of the Property containing approximately 3,002
19
square feet in area is hereby declared to be ~n excess of the needs
2o
of the City and that the C~ty Manager ~s hereby authorized to convey
21 said port~on of the Property to Yelrah Emit Enterprises, L L.C.
1 2. That the appraised value of NINE THOUSAND DOLLARS ($9,000)
~s to be the sale price of the porbon of the property
3. That the approximately 3,002 square foot site (the "Site") shall be
conveyed subject to the resubd~wsion of Lots 22 and 23 to ehm~nate
interior lot I~nes for each lot
This ordinance shall be effective from the date of ~ts adopbon
Adopted by the Council of the City of Virginia Beach, V~rginia, on the 8th day of
8 July ,2003.
9
10
CA-8845
PREPARED June 5, 2003
APPROVED AS TO CONTENT
/',~~wo;r'~k~ C,~
APPROVED AS TO LEGAL
SUFFICIENCY
De~w
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 2201 EAST BERRIE CIRCLE
AND
LOT 23 WEST BERRIE CIRCLE
SELLER:
City of Virginia Beach
PURCHASER:
Yelrah Emit Emerprises, L.L.C.
PROPERTY:
Approximately 3,002± SF (0.069~ Acre)
SALE PRICE:
$9,000 as per appraisal
CONDITIONS OF SALE
The Property shall be resubdivided to eliminate interior lot lines for GPIN #1479-58-
2531 and GPIN #1479-58-1561.
The Buyer shall submit a site plan for review and approval by the Planning
Department prior to any construction.
N GREENWELL RiD.
I\
I II
3,002 S.F./0.069 AC
1111 II II
ii II
LOCATION MAP
SHOWING
EXCESS CITY OWNED PROPERTY
ADJACENT TO
2201 EAST BERRIE CIRCLE (LOT 22)
&
LOT 23 WEST BERRIE CIRCLE
SCALE. 1" : 200'
/
/ I
I /
I I
I I
I I
I I
I~..I
PIN(F)
P~PC(F)
32 39'
LOT 23
N 05"05'00' E
LOT 22
PLA T OF- B~-t~RIE GARDEN
(M~ 25, PC ~)
LOT 2~
26.33'
25' S TEIP HERFB Y
VACA TED AREA = ~,002 SF
CR O. 069 ACRES
GPIN' 1479- 58- 2551
AREA = 16,852 SF
or 0.,386 ACRES
LOT 26
PIN(F,)
LOT 25
-.- 36.07'
PIN(F,) N 05 '05 E 125.74.
£A S T eEt~t~IE CIRCI £ ('50'
PLAT SHOWING
A PORTION OF A 25' STRIP OF PROPERTY
TO BE VACATED
ON
- , .
[F,~_-."_~~___.c~.'~,~-~_.~,r~ PLAT OF BERRIE GARDEN
~ , ~_~0~ / VIRGINIA BEACH, VIRGINIA
SEPTEMBER 24, 2002
MS,,A, P.C.
Landscape Architecture - Plan~g ' Surveying!
,1[..
Eng/neering · Environmental Sciences
ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) 490-9264 FAX (757) 490-1RJ34
DWN BY: JBN
FB: 300, PG 152
JOB# 02159
SCALE: 1"= 25'
Item V-K. 3. a.
- 31 -
ORDINANCES/RES OL UTION
ITEM # 51418
Upon motton by Vice Mayor Jones, seconded by Council Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE a temporary encroachment tnto porttons
of the Ctty's rtght-of-way
4850 and 4857 Haygood Road by DAVID and DONNA
GA TLING to construct and matntatn a conduit re
communication wires for Allsafe Self Storage. (DISTRICT 4 -
BA YSIDE)
The followtng condtttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth
the Ctty's spec~ficattons and approval as to stze, ahgnment and
locatton
The temporary encroachment shall termtnate upon nottce by the
City to the apphcant and, wtthm thtrty (30) days after such
nottce ts gtven, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
3 The apphcant shall tndemmfy and hold harmless the City, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
location or extstence of the temporary encroachment
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
6 The apphcant agrees that no open cut ofthepubhc roadway wtll
be allowed except under extreme ctrcumstances Requests for
excepttons must be submttted to the Htghway Operattons
Dtvtston of the Department of Pubhc Works for final approval
July 8, 2003
Item V-K. 3. a.
- 32-
ORDINANCES/RESOLUTION ITEM # 51418 (Continued)
7 The apphcant must obtatn a rtght-of-way permtt from the
Development Servtces Center of the Planntng Department prtor
to commenctng any constructton wtthtn the encroachment area
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combined stngle hmtts of such msurance
pohcy or pohctes The apphcant must provtde endorsements
provtchng at least thirty (30) days'wrttten notice to the Ctty prtor
to the cancellatton or termtnatton of, or material change to, any
of the msurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or contingent, wtth relatton
to the temporary encroachment
The apphcant shall submit, for revtew and approval, a survey of
the area betng encroached upon, certtfied by a regtstered
professtonal engtneer or a hcensed land surveyor and/or "as
budt" plans of the temporary encroachment, sealed by a
regtstered Professional Engmeer, tf required by the Ctty
Engtneer's Office or the Engtneertng Dtvtston of the Department
of Pubhc Utthttes
10 The Ctty, upon revocatton of such authority and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may require the apphcant to remove such temporary
encroachment, and, pendtng such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-way
encroached upon the eqmvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
ordered heremabove by thts Agreement, the Ctty shall tmpose a
penalty tn the sum of One Hundred Dollars ($1 O0 00) per day for
each and every day that such temporary encroachment ts allowed
to conttnue thereafter, and, shall collect such compensatton and
penalttes tn any manner provtded by law for the collectton of
local or state taxes
.luly & 2003
- 33 -
Item V-K. 3. a.
ORDINANCES/RESOLUTION ITEM # 51418 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
Requested by Department of Public Works
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO
AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A
PORTION OF THE CITY'S
RIGHT-OF-WAY OF HAYGOOD
ROAD BY DAVID GATLING AND
DONNA GATLING, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
11
WHEREAS, DAVID GATLING AND DONNA GATLING desire to construct
and maintain a 1½" condu~t for communication wires upon the C~ty's right-of-way known
as Haygood Road.
14
WHEREAS, C~ty Councd ~s authorized pursuant to §§ 15.2-2009 and 15 2-
2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon
the City's property subject to such terms and conditions as Council may prescribe.
17
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA'
19
That pursuant to the authority and to the extent thereof contained ~n §§ 15 2-
2009 and 15 2-2107, Code of Virgin~a, 1950, as amended, DAVID GATLING AND DONNA
GATLING, their heirs, assigns and successors in t~tle are authorized to construct and
22 maintain a 1½" conduit for communication wires upon the City's right-of-way known as
23 Haygood Road as shown on that certain plat entitled "ENCROACHMENT EXHIBIT FOR
ALLSAFE SELF STORAGE", a copy of which is on file in the Department of Public Works
and to which reference is made for a more particular description; and
26
BE IT FURTHER ORDAINED, that the temporary encroachment ~s expressly
2 7 subject to those terms, conditions and criteria contained in the Agreement between the City
of V~rginia Beach and DAVID GATLING AND DONNA GATLING (the "Agreement"), which
~.9 is attached hereto and incorporated by reference; and
3O
BE IT FURTHER ORDAINED, that the C~ty Manager or his authorized
3 ~ designee is hereby authorized to execute the Agreement; and
32
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect untd
such time as DAVID GATLING AND DONNA GATLING and the C~ty Manager or his
authorized designee execute the Agreement.
35
3 6 day of
Adopted by the Councd of the City of Virginia Beach, Virginia, on the 8th
Jul y ,2003.
37
38
39
40
41
/D~DPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
42
43
44
45
46
47
48
CA-
PREPARED June 11,2003
H \WP8\KENNEDY~ENCS\gathng ord wpd
APPROVED AS TO LEGAL
SUFFICIEN~%~TD FORM
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58.1-811 (¢)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~ Sh day of ~-~ ~4~-
20~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, the "City", and DAVID GATLING and
DONNA GATLING, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, the "Grantee", even though more than one.
W I T N E S S E T H:
THAT, WHEREAS, the Grantee is the owner of that certain
lot, tract or parcel of land designated and described as "Parcel
A-3, containing 72,081 sq. ft.", as shown on that certain plat
entitled: "Subdivision of the Remaining Portion of Parcel 'A',
Aragona Village, Section Six (M.B. 161, Pg. 36)", dated July 8,
1997, and prepared by Gallup Surveyors & Engineers, Ltd., and
recorded in the Virginia Beach Circuit Court Clerk's Office in
M.B. 262, at Page 66, and being further designated and described
as 4857 Haygood Road, Virginia Beach, VA 23455; and
WHEREAS, it is proposed by the Grantee to construct and
maintain a 1%" conduit for communication wires, a "Temporary
Encroachment" in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City right-of-way known as Haygood Road,
the "Encroachment Area"; and the Grantee has requested that the
~' GPIN: 1478-14-5868
City permit a Temporary Encroachment within the Encroachment
Area.
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee and for
the further consideration of One Dollar ($1.00), in hand paid to
the city, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"ENCROACHMENT EXHIBIT FOR ALLSAFE SELF
STORAGE", dated April 10, 2003, a copy of
which is attached hereto as Exhibit "A" to
which reference is made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized terminates upon notice
by the City to the Grantee, and that within thirty (30) days
after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the i
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee agrees that no open cut of the public roadway will be
allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division
of the Department of Public Works for final approval.
It is further expressly understood and agreed that the
Grantee must obtain a right-of-way permit from the Development
Services Center of the Planning Department prior to commencing
any construction within the Encroachment Area.
It is further expressly understood and agreed that the
Grantee agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of
such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
It is further expressly understood and agreed that the
City, upon revocation of such authority and permission so
granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and,
pending such removal, the City may charge the Grantee for the use
of the Encroachment Area the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, DAVID GATLING and DONNA GATLING, the
said Grantee has caused this Agreement to be executed by their
signatures and seals duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
David Gatl ing --~ ~/
v
Donna Gatling -~
this
The foregoing instrument was acknowledged before me
day of , 20 , by
, city Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
, City Clerk/Authorized
Designee of the City Clerk, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
Notary Public
My Commission Expires:
STATE OF ~
CITY/COUNTY ~~'~F ~ , to-wit:
The foregoin~trument was acknowledged before me
this ~/~- day of ~ , 20~ ,
DAVID GATLING and DONNA GATLING, husband and wife.
by
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
-;& ~2ITY REAL ESTATE AGENT
............... LOCATION MAP FOR
ENCROACHMENT FOR
DAVID AND DONNA GAIklNG
(ALLSAFE SELF STOOGE)
AT 4850 & 4857 HAYGOOD ROAD
ALLSAFE.DGN MJ.S.
PREPARED BY P/W ENG. CADD DEPT. APRIL 2g, 2003
Item V-K. 3. b.
- 34-
ORDINANCES/RES OL UTION
ITEM # 51419
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE a temporary encroachment tnto porttons
of the City's right-of-way
Wtndsor Oaks Boulevard and Independence Boulevard by
RAYMOND GOTTLIEB, Manager for SANDLER
DE VELOPMENTA T TO WNE SQUARE L.C. to construct and
matntatn irrigation tn a new development for stngle famtly
homes, and AUTHORIZE the Ctty Manager to execute all
necessary documents (DISTRICT 3 - ROSE HALL)
The followtng con&ttons shall be requtred
The temporary encroachment shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval as to stze, ahgnment and
locatton
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days after such
notice ss gtven, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
3 The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
st shall be necessary to file or defend an actton artstng out of the
locatton or existence of the temporary encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permit
the matntenance and construction of any encroachment by
anyone other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
6 The apphcant agrees to submtt and have approved a traffic
control plan before commenctng work tn the encroachment area
July 8, 2003
Item V-K. 3. b.
- 35-
ORDINANCES/RESOLUTION ITEM # 51419 (Continued)
7 The apphcant agrees that no open cut ofthepubhc roadway wtll
be allowed except under extreme ctrcumstances Requests for
excepttons must be submttted to the Highway Operattons
Dtvtston of the Department of Pubhc Works for final approval
The apphcant agrees to obtatn a permtt from the Development
Servtces Center of the Planntng Department prtor to
commencing any constructton wtthtn the encroachment area
Prtor to issuance of a right-of-way permtt, the apphcant must
post surettes tn accordance with the project engtneer's cost
estimate to the Office of Development Servtces Center/Planmng
Department
10
The apphcant shall obtain and keep tn force all risk property
insurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combtned stngle hmtts of such insurance
pohcy or pohctes The apphcant must provide endorsements
provtdtng at least thtrty (30) days' written nottce to the Ctty prtor
to the cancellatton or termtnatton of, or matertal change to, any
of the tnsurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
11
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, pending such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-way
encroached upon the equtvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and if such removal shall not be made wtthtn the ttme
ordered heretnabove by thts Agreement, the Ctty shall tmpose a
penalty tn the sum of One Hundred Dollars ($1 O0 00) per day for
each and every day that such temporary encroachment ts allowed
to conttnue thereafter, and, shall collect such compensatton and
penalttes tn any manner provtded by law for the collectton of
local or state taxes
July 8, 2003
- 36-
Item V-K.$.b.
ORDINANCES/RESOLUTION ITEM # 51419 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm
Reeve, Peter I,V Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Jury 8, 200
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
Requested by Department of Publmc Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY AT WINDSOR OAKS
BOULEVARD AND SOUTH INDEPENDENCE
BOULEVARD BY SANDLER DEVELOPMENT AT
TOWNE SQUARE, L.C., ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Sandler Development at Towne Square, L.C.,
desmres to construct and maintain irrzgatmon into the City's rmght-
of-way located at Wzndsor Oaks Boulevard and South Independence
Boulevard.
WHEREAS, City Council zs authorized pursuant to ~§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachments upon the Czty's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained mn §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended Sandler Development at Towne Square, L.C., asszgns and
successors in title are authorized to construct and malntamn a
temporary encroachment for zrrzgatzon zn the Czty's rmght-of-way as
shown on the map entitled: "EXHIBIT SHOWING IRRIGATION ENCROACHMENT
AT TOWNE SQUARE VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL 28,
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
2003", a copy of whzch is on file in the Department of Public Works
and to which reference is made for a more particular descrzptzon;
and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, condmtlons and criteria
contamned mn the Agreement between the C~ty of Vmrgmnia Beach and
Sandler Development at Towne Square, L.C., (the "Agreement") whmch
is attached hereto and ~ncorporated by reference; and
BE IT FURTHER ORDAINED that the Cmty Manager or h~s
authormzed desmgnee ms hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordmnance shall not be
mn effect until such t~me as Sandler Development at Towne Square,
L.C. and the City Manager or hms authormzed deszgnee execute the
Agreement.
Adopted by the Council of the Cmty of V~rginza Beach,
Virginia, on the 8th day of July
, 2003.
42
43
44
45
46
47
48
49
5O
51
52
CA-#
gsalmons / stownesquare/ord.
R-1
PREPARED: 06.12.03
~ROVED AS TO CONTENTS
S iG~NATU~E
DEP~~
APPROVED AS ~L~GAL
C I TI~ATTO~NE~
LOCATION MAP SHOWING
ENCROACHMENT REQUESTED BY
SANDIER DEVELOPMENT AT TOWNE
E~_ ~i~~-,~,~' SQUARE, L.C. ,~
o ,~llNTO CITY RIGHT-OF-WAY (~
i~ NDEPENDENCE BOULEVARD ~.
~ AND ~
.~WINDSOR OAKS BOULEVARD~
TOWN SQUARE DGN MJ S
PREPARED BY P/W ENG CADD DEPT
JAN 2, 2003
PREPARED BY VIRGINIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-811(a)(3)
AND 58 1-811(¢)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this t-¥3~ day of, ._~Wh~.
,2003, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
SANDLER DEVELOPMENT AT TOWNE SQUARE, L.C., ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WI TN E S SETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "PARCEL 'A', PARCEL 'B', PARCEL 'C', PARCEL 'D', PARCEL
'E', PARCEL 'F', PARCEL 'G' PARCEL 'H'", as shown on "SUBDIVISION OF A PORTION
OF THE MAST FARM AS SHOWN IN M.B. 251 - PG. 88 AND M.B. 259 - PG. 48 VIRGINIA
BEACH, VIRGINIA ", as recorded in M.B. 305, at page 5 in the Clerks Office of the Circuit Court
ofthe City of Virginia Beach, Virginia and being further designated and described as Windsor Oaks
Boulevard and South Independence Boulevard;
WHEREAS, it is proposed by the Grantee to construct and maintain irrigation,
"Temporary Encroachmem", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Windsor Oaks Boulevard, "The Temporary Encroachment Area"; and
GPIN: 1486-02-4677
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown onthat certain plat entitled: "EXHIBIT
SHOWING IRRIGATION ENCROACHMENT AT
TOWNE SQUARE VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 30' APRIL 28, 2003," a copy of which is
attached hereto as Exhibit "A" and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, fi.om and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open cut
ofthe public roadway will be allowed except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional nmned insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or comingent, with relation to the
Temporary Encroachmem.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereofto the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachmem Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreemem, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to cominue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Sandier Developmem at Towne Square, L.C. has
caused this agreemem to be executed by Raymond Gottlieb, Manager of Sandier Developmem at
Towne Square, L.C., a Virginia liability company, with due authority to bind said liability company.
Further, that the City of Virginia has caused this agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
SANDLER DEVELOPMENT AT
TOWNE SQUARE, L.C.
By
Raymond Gottlieb, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrumem was acknowledged before me this
,2003, by
day of
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2003, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
Notary Public
STATE OF ~/~AtA_6~ D ,
CITY/COUNTS/aOF ~/'~_gg, lt,~ ~) to-wit:
0
The foregoing instrument was acknowledged before me this
day of
2003, by Raymond Gottlieb, Manager on behalf of Sandler Developmem at
Towne Square, L.C.
My Commission Expires:
Notary Pubt/c
APPROVED AS TO
LEGAL SUFFIC~Y
CITY ATTORNEY
APPROVED AS TO CONTENT
!
(2(TY REAL ESTATE AGENT
Rev 07 24 02 6
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NOW OR FORMERLY
CITY OF VIRGINIA BEACH
D.B 2232. P 1775 -J
IL GPIN 1476-84--4100 I
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EXIST. 10" SS=----"~:'I~"'~----~"'~'-'~~"~-~
EXIST. 12" FM A
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S45'26' 15"W 157.20'
Exhibit "A"
2" IRRIGATION LINE
WITH DIRECTIONAL
SPRAY HEAD
2" IRRIGATION LINE
WITH FIXED SPRAY HEAD
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE 1"= 30'
APRIL 28, 2003
SHEET 1 OF 9
MATCH LINE - SEE SHEET 1
N~ o
- ~ 2" IRRIGATION LINE
WITH FIXED SPRAY HEAD
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE 1" = 30'
APRIL 28, 2003
SHEET 2 OF 9
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MATCH LINE - SEE SHEET 4
MATCH LINE- SEE SHEET 2
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N65'52'O3"W
122.50'
n,,'
D
2" IRRIGATION LINE
WITH FIXED SPRAY HEAD
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE 1" : 30'
APRIL 28, 2003
SHEET 5 OF 9
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M.B 505, P. 4-12
= -- EXIST
8~
2" IRRIGATION LINE
WITH FIXED SPRAY HEAD
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH. VIRGINIA
SCALE: 1" = ,:30'
APRIL 28, 200,:3
SHEET 5 OF 9
MATCH LINE - SEE SHEET 4
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WITH FIXED SPRAY HEAD
EXHIBIT SHOWING
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AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 30'
APRIL 28, 2003
SHEET 6 OF 9
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199.29'
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE: 1" = ,30'
APRIL 28, 200,3
SHEET 7 OF 9
40' UTILITY ESMT.
M.B. 305, P. 4-12
MATCH LINE
SEE SHEET 3
II
J PARCEL H-1
..': I ,ii INST. ,20021009304.6515
NOW OR FORMERLY
SANDLER DEVELOPMENT
D.B. 4675oP. 1
G~I~ ~ 48~-03-0004
MATCH LINE
SEE SHE~ 4
2' IRRIGATION LINE
WITH FIXED SPRAY HEAD
MATCH LINE
SEE SHEET 3
MATCH LINE
SEE SHEET 4
40' UTILITY ESMT I
M B. 305, P 4--12
I
PARCEL G
MB. 305, P. 4.-12
NOW OR FORMERLY
SANDLER DEVELOPMENT
AT TOWNE SQUARE, L L.C.
D.B. 4-675,P. 1069
GPIN 1486-12-3970
EXHIBIT SHOWING
IRRIGATION ENCROACHMENT
AT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE 1" = 30'
APRIL 28, 2003
SHEET 8 OF 9
15' UTILITY ESMT.
(M B 305, P. 4-12
PARCEL H- 1
IN ST.#200210093046515
NOW OR FORMERLY
SANDLER DEVELOPMENT
AT TOWNE SQUARE, EEC.
D B. 4675,P. 1069
GPIN 1486-03-9094
MATCH LINE- SEE SHEET 5
2" IRRIGATION LINE
WITH FIXED SPRAY HEAD
MATCH LINE - SEE SHEET 5
35' UTILITY ESMT
(M.B 305, P. ~-12
PARCEL G
M.B. 305, P. 4-12
NOW OR FORMERLY
SANDLER DEVELOPMENT
AT TOWNE SQUARE, L L.C.
D B 4675,P. 1069
GPIN 1486-12-3970
EXHIBIT SHOWING
IRRIGATION ENC,~OACHMENT
TOWNE SQUARE
VIRGINIA BEACH, VIRGINIA
SCALE. 1" = ,30'
APRIL 28, 200,3
SHEET 9 OF' 9
Item V-K. 3. c.
-37-
ORDINANCES/RES OL UTION
ITEM # 51420
Attorney Eric Hauser, 222 Central Park Drtve, Phone 473-5310, represented Thtrty Ftrst Street, LC,
spoke tn SUPPORT.
Barbara Messner, Post Office Box 514, Phone 422-1902, represented Frtends of 31st Street Park, and
spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Councdman Schmtdt, Ctty Counct1.4DOPTED:
Ordtnance to .4 UTHORIZE temporary encroachments tnto porttons of
the City's rtght-of-way
Atlantic Avenue, 30'h Street and the Greenbelt by THIRTY FIRST
STREET, L.C. to construct and matntam roof overhangs, balconies,
domestic water main, fire main, awning and pavers at the Htlton
Resort and Conference Center (DISTRICT 6 - BEACH)
The temporary encroachments shall be constructed and
matntatned tn accordance wtth the laws of the Commonwealth of
Vtrgmta and the Ctty of Vtrgtnta Beach and tn accordance wtth
the Ctty's spectficattons and approval as to size, ahgnment and
locatton
2 The temporary encroachments shall termtnate upon notice by the
Ctty to the Contract Lessee and, wtthtn one hundred etghty (180)
days ~er such nonce ts gtven, the temporary encroachments
must be removed from the encroachment area by the Contract
Lessee and the Contract Lessee wtll bear all costs and expenses
of such removal The City shall promptly tssue all necessary
permtts for satd removal to ensure that the Contract Lessee may
complete the removal wtthtn the nme pertod set forth heretn
Nothtng heretn shall prohtbtt the Ctty from tmmechately
removtng, or ordertng the Contract Lessee to remove, all or any
part of the encroachments tn the event of an emergency orpubhc
necesstty
The Contract Lessee shall tndemntfy and hold harmless the Ctty,
its agents and employees, from and agatnst all clatms, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachments
July & 2003
- 38-
Item V-K. 3. c.
ORDINANCES/RESOLUTION ITEM # 51420 (Continued)
The Contract Lessee agrees that nothtng heretn contained shall
be construed to enlarge the permtsston and authortty to permtt
the matntenance or constructton of any encroachments other
than that spectfied heretn and to the hmtted extent spectfied
heretn, nor to permtt the matntenance and constructton of any
encroachment by anyone other than the Contract Lessee
6 The Contract Lessee agrees to matntatn the temporary
encroachments so as not to become unstghtly or a hazard
The Contract Lessee agrees to submit and have approved a
traffic control plan before commencmg work tn the
encroachment area
The Contract Lessee agrees that no open cut of the pubhc
roadway wtll be allowed except under extreme ctrcumstances
Requests for excepttons must be submttted to the Htghway
Operattons Dtvtston of the Department of Pubhc Works for final
approval
The Contract Lessee agrees to obtatn a permtt from the
Development Servtces Center of the Planmng Department prtor
to commencing any construction wtthtn the encroachment area
10
Prtor to tssuance of a rtght-of-way permtt, the Contract Lessee
mustpost sureties, tn accordance wtth theproject engtneer's cost
esttmate, to the Office of Development Servtces Center/Planmng
Department
11
The Contract Lessee shall obtatn and keep tn force all rtsk
property tnsurance and general habthty or such tnsurance as ts
deemed necessary by the Ctty, and all msurance pohctes must
name the Ctty as addtttonal named tnsured or loss payee, as
apphcable The Contract Lessee agrees to carry comprehenstve
general habthty tnsurance tn an amount not less than Ftve
Hundred Thousand Dollars ($500,000), combtned stngle hmtts
of such tnsurance pohcy or pohctes The Contract Lessee must
provtde endorsements provtdtng at least thtrty (30) days' wrttten
nottce to the Ctty prtor to the cancellatton or termtnatton of, or
matertal change to, any of the tnsurance pohctes The Contract
Lessee assumes all responstbthttes and habthttes, vested or
conttngent, wtth relatton to the temporary encroachments
12
The Contract Lessee agrees that the temporary encroachments
must conform to the mtntmum setback reqmrements, as
estabhshed by the Ctty
July 8, 2003
- 39-
Item V-K. 3. c.
ORDINANCES/RESOLUTION ITEM # 51420 (Continued)
13
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the Contract Lessee and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the Contract Lessee to remove such temporary
encroachments, and, pendmg such removal, the City may charge
the Contract Lessee for the use of such portton of the Ct ty's rtght-
of-way encroached upon the equivalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
Contract Lessee, and tf such removal shall not be made wtthtn
the ttme ordered heretnabove by thts Agreement, the Ctty shall
tmpose a penalty tn the sum of One Hundred Dollars ($100 00)
per day for each and every day that such temporary
encroachments are allowed to conttnue thereafter, and, shall
collect such compensatton andpenalttes tn any mannerprovtded
by law for the collectton of local or state taxes
Vottng 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Abstamtng
Rosemary Wtlson
Counctl Members Absent
None
Counctl Lady Wtlson DISCLOSED and ABSTAINED Pursuant to 3~ 2 2-3115(E) regardmg Ctty Counctl's
dtscusston of an ordtnance to authorize temporary encroachments, sought by Thtrty First Street, L C,
regardtng the Htlton Resort and Conference Center and the Ctty's rtght-of-way located at Atlanttc Avenue,
30'h Street and the Greenbelt Her husband ts a prtnctpal tn the accounttng firm, Goodman and Company
Her husbandpersonallyprovtdes servtces to Thtrty Ftrst Street, L C Counctl Lady Wtlson wtshes to dtsclose
her tnterest tn thts transactton and abstatn Counctl Lady Wtlson's letter of duly 8, 2003, ts hereby made
a part of the record
July 8, 2003
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2O
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHTS-OF-WAY AT ATLANTIC AVENUE,
30TM STREET, AND THE GREENBELT BY
THIRTY-FIRST STREET, L.C., ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Thirty First Street, L.C., desires to construct
and maintain roof overhangs, balconmes, domestic water ma~n, fire
main, awnmng, and pavers ~nto the C~ty's rzghts-of-way located at
Atlantzc Avenue, 30th Street, and the Greenbelt.
WHEREAS, Cmty Council ms authormzed pursuant to §§ 15.2-
2009 and 15.2-2107, Code of Virg~nma, 1950, as amended, to
authorzze temporary encroachments upon the C~ty's rmghts-of-way
sub]ect to such terms and condmtions as Councml may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contazned in ~ 15.2-2009 and 15.2-2107, Code of Vmrgmnma, 1950, as
amended Thirty-First Street, L.C., assigns and successors in title,
are authorized to construct and maintazn a temporary encroachment
for roof overhangs, balconies, domestic water ma~n, f~re ma~n,
awnmng, and pavers zn the City's right-of-ways as shown on the map
entitled: "HILTON RESORT AND CONFERENCE CENTER VIRGINIA BEACH, VA
THIRTY FIRST STREET LC", a copy of which is on file in the
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Department of Public Works and to whzch reference ms made for a
more partmcular descrmption; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criterza
contazned in the Agreement between the City of Vzrginma Beach and
Thlrty-Fmrst Street, L.C., (the "Agreement") whzch is attached
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the C~ty Manager or h~s
authorized deszgnee ms hereby authorzzed to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordmnance shall not be
~n effect until such time as Thirty-F~rst Street, L.C. and the C~ty
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the Cmty of V~rglnma Beach,
Virginma, on the 8th day of July , 2003.
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CA-#
gsalmons/31st/ord.
R-1
PREPARED: 07.01.03
D AS TO CONTENTS
" SIGNATURE
DEPARTMENT
APPROVED A~ TO LEGAL
CITY ATTORNEY
L OCA TION
LOCATION MAP SHOWi NG
ENCROACHMENT REQUESTED BY
THIRTY-FIRST STREET, L.C.
INTO CITY RIGHT-OF-WAYS
ATLANTIC AVENUE, 30th STREET &
THE GREENBELT
SCALE:I" = 200'
PREPARED BY PA/V ENG DRAFT 18-JUN-2003
City of Virginia Beach
ROSEMARY WILSON
COUNCIL LADY - AT-LARGE
PHONE (757) 422-0733
FAX. (757) 426-5669
July 8, 2003
Mrs. Ruth Hodges Smith, MMC
City Clerk
Mumcipal Center
V~rginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Code of Virginia § 2.2-3115(E)
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
I am executing this written disclosure regarding City Council's discussion of an
ordinance to authorize a temporary encroachment, sought by Thirty First Street, L.C.,
regarding the Hilton Resort and Conference Center and the City's nght-of-way
located at Atlantic Avenue, 30th Street, and the Greenbelt.
.
A party involved in the transaction-Thirty First Street, L.C.-~s a chent of the
accounting finn, Goodman and Company. My husband is a principal ~n Goodman
and Company.
3. My husband personally provides services to Thirty First Street, L.C.
.
I wish to disclose my interest in this transaction and abstain from C~ty Council's
consideration of the matter.
310 53RDSTREET, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Smith -2- July 8, 2003
Re: Disclosure Pursuant to Code of Virginia § 2.2-3115(E)
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance and cooperation in this matter.
Sinc,erely,
Rosemary A. Wilson
Councllmember
RAW/RRI
Enclosure
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this
day of
2003, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor and
Grantee, for purposes of indexing, "City", and TItIRTY-FIRST STREET, L.C., Grantee, its
ASSIGNS AND SUCCESSORS IN TITLE, "Contract Lessee", even though more than one.
WI TNE S S E TH:
WHEREAS, the City of Virginia Beach Developmem Authority is the owner of
that certain lot, tract, or parcel of land designated and described as "Block 73 Lots 1 ttma 6",
as shown on that certain plat emitled, "Property of Virginia Beach Development Co., Virginia
Beach Va. North of 25th St. ", as recorded in M.B. 3 , at page 177 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia and being further designated and described
GPIN #2428-02-7087-0000;
WHEREAS, the Comract Lessee is the lessee and it is proposed by the Comract
Lessee to construct and maintain roof overhangs, balconies, domestic water main, fire main,
awning, and pavers, "Temporary Encroachmem", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachmem, it is
necessary that the Comract Lessee encroach into portions of existing City rights of way known
as Atlantic Avenue, 30~ Street, and the Greenbelt, "The Temporary Encroachmem Area"; and
GPIN: 2428-02-7087-0000
WHEREAS, the Contract Lessee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Contract Lessee and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant
to the Contract Lessee permission to use The Encroachment Area for the purpose of
constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled:
"HILTON RESORT AND CONFERENCE
CENTER VIRGINIA BEACH, VA THIRTY FIRST
STREET LC", a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Contract Lessee, and that within one
hundred and eighty (180) days after the notice is given, the Temporary Encroachment must be
removed from The Encroachment Area by the Contract Lessee; and that the Contract Lessee
will bear all costs and expenses of such removal; and that the Grantor shall promptly issue all
necessary permits for said removal to ensure that the Contract Lessee may complete the
removal within the time period set forth herein.
Provided however, nothing here in shall prohibit the City from immediately
removing, or ordering the Contract Lessee to remove, all or any part of the encroachment in the
event of an emergency or public necessity.
It is further expressly understood and agreed that the Contract Lessee shall
indemnify and hold harmless the City, its agents and employees, from and against all claims,
damages, losses and expenses including reasonable attorney's fees in case it shall be necessary
to file or defend an action arising out of the location or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Contract Lessee.
It is further expressly understood and agreed that the Contract Lessee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Contract Lessee must submit
and have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Contract Lessee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division, Department of
Public Works, for final approval.
It is further expressly understood and agreed that the Contract Lessee must obtain
a permit from the Office of Development Services Center/Planning Department prior to
commencing any construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Contract Lessee must post sureties, in accordance with their engineer's cost
estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Contract Lessee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as additional
named insured or loss payee, as applicable. The Contract Lessee also agrees to carry
comprehensive general liability insurance in an amount not less than $500,000.00, combined
single limits of such insurance policy or policies. The Contract Lessee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Contract Lessee assumes all responsibilities and liabilities, vested or contingent, with relation to
the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Contract Lessee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Contract Lessee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Contract Lessee for the use
of The Encroachmem Area, the equivalem of what would be the real property tax upon the land
so occupied if k were owned by the Contract Lessee; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City may impose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachmem is allowed to cominue thereatter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Thirty-First Street, L.C. has caused this
agreemem to be executed on its behalf by Bruce L. Thompson, Manager of Thirty-First Street,
L.C., a Virginia limited liability company, with due authority to bind said limited liability
company. Further, that the City of Virginia Beach has caused this agreemem to be executed in
its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
THIRTY-FIRST STREET, L.C. BY
PROFESSIONAL HOSPITALITY
RESOURC;S~~ MANAGER/MEMBER
b/Bmce ~hompson, CEO~resident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
,2003, by ., CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2003, by RUTH HODGES SMITH, MMC, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
Notary Public
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STATE OF kd '~ ~ ~, a,
CITY/COUNTY OF ~ ~ 0_t%; ~..~ ~ a~Oto-wit:
The foregoing instrument was acknowledged before me this
day of
,-~'~-t~.t~ ,2003, by Bruce L. Thompson, CEO/Presidem on behalf of Thirty-First
Street, L.C., by Professional Hospitality Resources, Inc., Manager/Member.
My Commission Expires:
Notary Public
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
PROVED AS TO CONTENTI
REAL ESTATE AGENT
Exhibit "A"
ATLANTIC OCEAN
_ _
--
= 259'
~-PAVERS AND TEMPORARY ROOF OVERHANG 4,5'
I ~ ~14' ABOVE GRADE ~ "-
-~ ~ 2,3 O' X- BALCONY - 17' ABOVE GRADE
/ I '-' ~ ~ I.,
/
/ ~ ~
~ ST PROPERTY LINE
~1 ~1 UNDERGROUND
~, ~ 6" WATERLINE~
~ ~ ~ ~S~n'
~-~-- SOUT~ P~OP~,~ U~ ~~~
~ ~ I~ NORTH PROPER. LINE ~~ ~
. _~ /-L ~~--
~- I ~ ' ~ ' ~ ' ~ "
~ AT~NTIC AVENUE / -- -WgST PROPER~ LINE ~ /
~ ~ R F V RHAN ' R F H "
~ I OVER ANG 45~
~ ABOVE GRADE ABOVE GRADE / L,~
HIltON ~SO~ AND CONF~NC~ C~N~E~
VIrgINIA ~ACH, VA
THIRTY FIRST STREET LC ~t~~Eng~ng
s~ ~,~,~ ~s~o~ C P ~ 6 / 26/0
ENCROACHMENTS ~AW~ dAW ,~o~ ~o ~777 2 SKC-
C,~CXED CP SCA~ ~ "= 50'
SHT
.....
o
o
ROOF OVERHANG ENCROACHMENT
TEMPORARY AWNING ENCROACHMENT
EAST PROPERTY LINE
LOOKING SOUTH
SOUTH PROPERTY LINE
LOOKING WEST
WEST PROPERTY LINE
LOOKING SOUTH
TEMPORARY ENCROACHMENT INTO GREENBELT
Item V-K. 4.
- 40-
ORDINANCES/RES OL UTION
ITEM # 51421
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Resolutton to AUTHORIZE the FY2003-04 Performance Contract
between Vtrgtnta Beach Communtty Servtces Board (CSB) and Vtrgtnta
Mental Health/Mental Retardatton/Substance Abuse Servtces
(MH/MR/SA) re fun&ng for servtces
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
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A RESOLUTION APPROVING THE FY 2003-04
PERFORMANCE CONTRACT BETWEEN THE
VIRGINIA BEACH COMMUNITY SERVICES BOARD
AND THE VIRGINIA DEPARTMENT OF MENTAL
HEALTH, MENTAL RETARDATION AND SUBSTANCE
ABUSE SERVICES
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That the City Council hereby approves the FY 2003-04
performance contract between the Virginia Beach Community Services
Board ("CSB")and the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services, which provides state-
controlled and performance contract funding to the CSB.
14
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Adopted by the Council of the City of Virginia Beach,
Virginia on the 8th day of July , 2003.
CA-8926
Ordin/Noncode/mhord. wpd
R-1
June 18, 2003
APPROVED AS TO CONTENT-
! ·
~ommun~y ,~ervi~es Board
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorne~ Office
DATE: June 3, 2003
TO:
FROM:
Citizens of Virginia Beach
Martha S. McClees, Virginia Beach Community Services Board Chair
SUBJECT: FY 2004 Community Services Performance Contract
This summary of the proposed SFY 2004 (July 1, 2003 - June 30, 2004) Community
Services Performance Contract that makes Performance Contract funds available for
locally provided public mental health, mental retardation, and substance abuse services
is provided for your review and comment. This summary addresses only Performance
Contract funds.
Several items should be noted regarding this proposal:
1. While there has been significant reduction ~n the number of forms required for
the contract and subsequent reports, there remain substantial reporting and
administrative requirements placed on the CSB.
2. Proposed funding distribution reflects both operational and admimstrative
support costs;
3. Funding and Service Levels account for a 10% reduction in State Funding.
The following is a summary of the core services and covered MR Waiver services, units
of service, and proposed funding levels supported by Performance Contract dollars.
FY 2004 Community Services Performance Contract Proposal Summary
Proposed # of
Program Service Unit Fundin~l Units of Service Consumers
Mental Health
Emergency Services $871,519 9,000 Hours 1,140
, Outp,at~ent Services $1,129,617 8,400Hours 940
Intensive In-Home $142,778 1,500Hours 18
Case Mana~lement Services $1,407,357 24,000Hours 1,140
Rehabd~tabon $1,025,416 120,000 Hours 300
Transitional/Supported Employment $ 84,974 1,500 Hours 32
Alternabve Day Support Arrangements $ 62,110 2,550 Bed Days 18
Supportive Services (Residential 581 ) $899,029 12,500 Hours 103
Dischar~le Assistance Pro~ect $330,121 Various Units 8
Chddren w~th SED Non-CSA Mandated $340,539 Various Umts 90
i
Mental Retardation
I
I
Case Mana~lement Serv,ces $1,169,404 I s,928 Hours 385 ]
Rehabd~tabon $286,505 10,351 Hours 13
Family Support 136,806 N/A 309
Supportwe Services (Res~denbal) $644,971 21,499 Hours 28
Trans~bonal or Supported Employment $111,441 2,184 Hours 27
Superwsed Res~denbal Services $715,429 2,803 Bed Days 8
H~hl¥ Intenswe Res~denbal $909,439 2,767 Bed Da~'s 8
Home and Commumty Based Wawer $4,862,849 Various Umts 458
Serwces
*Bdlable Umts as Defined by Medicaid
Substance Abuse I
Outpat,ent $602,452 [ 7,200 ] 475
Da)/Treatment/Part Hosp $448,954 14,630 120
H~lhl¥ Intensive (Res~denba!) $707,910 2,475 525
Ja~l-Based Habdltabon $519,701 27,700 320
Supporbve Res~denbal Services $359,551 7,500 150
Facility Admission D~vers~on Project $121,530 Various Umts 52
Prevenbon $1,200,647 20,800 N/A
~,dministration
I Adm~n~strabve Support
1,990,921
NA
The full proposal ~s avadable for rewew and public comment beginning June 5, through July 4 at the following
locations'
Department of MHMRSA
Administrative Offices
Pembroke 6, Suite 208
Phone: 437-5760
C~ty of Virginia Beach Clerk's Office
Municipal Center, Bldg. #1, Room 281
Phone 427-4303
Virginia Beach Central L~brary
4100 Virginia Beach Boulevard
Phone. 431-3001
City of V~rgin~a Beach Public Information Off~ce
Municipal Center, Bldg. #22
Phone: 427-4111
The proposal wdl be d~scussed w~th opportumty for public comment at June d~sab~l~ty committee meetings as
follows
Mental Retardation Committee
June 10, 2003
Pembroke 6, Suite 218
8:00 a.m
Mental Health and Substance Abuse Committee
June 17th
Pembroke 3, Suite 126
12 00 pm
The contract wdl be acted on by the V~rg~ma Beach Commumty Services Board at ~ts June 26th meeting Once
approved by the Board, the proposal wdl be forwarded to C~ty Councd for consideration and approval tentatively
scheduled for July 8th Follow~ng C~ty Councd approval, the proposal wdl be submitted to the State Department of
Mental Health, Mental Retardation, and Substance Abuse Services
Please prowde written comments to the following address by June 25th
Jerry Bnckeen, Administrative Services Manager
V~rgm~a Beach Depart Of MHMRSA
297 Independence Blvd
Pembroke 6, Suite 208
V~rg~n~a Beach, VA 23462
or emad to/br~ckee@vb.qov com
THE-BEACON ;Sunday; June 8, 2003
PUBLIC NOTICE
As required by Section 37 1 - 198 of the Code of VIrg~ma, the Virg~ma
Beach Commumty Services Board is pleased to make its proposed
2004 state performance contract available for rewew and ~nv~tes the
pubhc to comment on the document for thirty days The FY 2004 per-
formance contract ~s the mechamsm through which performance con-
tract funding ~s made avadable for public mental health, mental retar-
dat~on and substance abuse services
Beginning Thursday June 5th through July 4th the public may rewew
the draft document at the following locations
Community Services Board Web Page
http//www vbgov com/dept/csb/announce asp
VB DMHMRSA
297 Independence Blvd
Pembroke 6, Suite 208
Phone 437-5760
C~ty of Wrgm~a Beach Clerk's Off~ce
Mumc~pal Center- Bldg 1, Room 281
Phone 427-4303
Wrgm~a Beach Central L~brary
4100 Virginia Beach Blvd
Phone 4313001
City of V~rg~ma Beach Public
Information Off~ce
Mumc~pal Center, Bldg 22
Phone 427-4111
The full document can be rewewed at each of these locations Cop~es
of a summary of the funding port,on of the document writ also be ava~l-
able'to the pubhc If you would hke the summary document, please
call 437 5760
Please prowde written comments to the following address
Jerry Bnckeen, Administrative Services Manager
V~rgm~a Beach Commumty Services Board
297 Independence BIvd
Pembroke 6, Suite 208
Wrgmla Beach, VA 23462
There will be opportumt~es for pubhc comment at the Board's June
dlsabdlty committee meetings at the following locations, dates and
t~mes Mental Health and Substance Abuse Committee, June 17th at
12 O0 p m, Pembroke 6, Suite 126, Mental Retardation Committee,
June lOth at 8 O0 a m, Pembroke 6, Suite 218
The V~rgm~a Beach Commumty Services Board wdl consider the con-
tract at ~ts June 26th meeting, and the contract ~s proposed to be on
C~ty Council's agenda for consideration on July 8th
Ruth Hodges Smith, MMC
C~ty Clerk
If you have any questions, please call 437-5760, TDD 437-6157
Beacon June 8, 2003 10388375
- 41 -
Item V-L.
PLANNING
ITEM # 51422
1. GLENDA PALMER
CONDITIONAL USE PERMIT
July 8, 2003
Item V-L. 1.
- 42 -
PLANNING
ITEM # 51423
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Council APPROVED the
Ordtnance upon Apphcatton of GLENDA PALMER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF GLENDA PALMER FOR A
CONDITIONAL USE PERMIT FOR A TATTOO PARLOR
(PERMANENT MAKE-UP) R070331111
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of Glenda Palmer for a Conditional Use
Permit for a tattoo parlor (permanent make-up) on property located at
3617 Vtrgmta Beach Boulevard (GPIN 1487644208) DISTRICT 3 -
ROSE HALL
The followtng con&ttons shall be requtred
The Con&ttonal Use Permtt for a permanent makeup (tattoo)
estabhshment ts approved for a pertod of one year, wtth an
admtnzstrattve revtew every year thereafter
A business hcense shall not be tssued to the apphcant wtthout the
approval of the Health Department for conststency wtth the
provtstons of Chapter 23 of the Ctty Code
No stgnage more than four (4) square feet of the enttre glass area
of the extertor wall(s) shall be permitted on the wtndows There
shall be no other stgns, tncludtng neon stgns or neon accents
tnstalled on any wall area of the extertor of the butldtng,
wtndows and / or doors
The actual permanent makeup (tattoo) operatton on a customer
shall not be vtstble from any pubhc rtght-of-way adjacent to the
estabhshment
Thts Ordmance shall be effecttve tn accordance wtth Sectton 107 Or) of the Zontng Ordmance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Etghth of duly, Two Thousand Three
July 8, 2003
- 43 -
Item V-L. 1.
PLANNING
ITEM # 51423 (Continued)
Vottng 10-0 (By ConsenO
Counctl Members IZottng Aye
Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Council Members Vottng Nay
None
Counctl Members Abstatntng
IZtce Mayor Louts R Jones
Counctl Members Absent
None
Counctlman Jones ABSTAINED as one of hts funeral homes ts adjacent to the subject property (3600
lZtrgtnta Beach Boulevard)
July 8, 2003
- 44 -
Item V-M. 1.
APPOINTMENTS
ITEM # 51424
BY CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT AUTHORITY
MINORITY BUSINESS CO UNCIL
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE AD VISOR Y COMMITTEE
SHORE DRIVE AD VISOR Y COMMITTEE
TO WING AD VISOR Y BOARD
YOUTH SER VICES CO UNCIL
. uly 2oo
- 45-
Item V-M. 2.
APPOINTMENTS
ITEM # 51425
Upon NOMINATION by Vtce Mayor Jones, City Counctl
REAPPOINTED:
Kathleen M. Carter
Thomas A. Felton, Jr.
2-year terms
07/01/2003 - 06/30/2005
APPOINTED:
Beatriz Amberman
Jean Rawls
2-year terms
07/01/2003 - 06/30/2005
ARTS AND HUMANITIES COMMISSION
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
Item V-M. 3.
- 46-
APPOINTMENTS
ITEM # 51426
Upon NOMINATION by Vtce Mayor clones, Ctty Counctl REAPPOINTED
Dan H. Brockwell
Thomas R. Pritchard
Whit G. Sessoms, III
S. Grady Viccellio
3-year terms
07/01/2003 - 06/30/2006
BEACHES AND WA TER WA YS COMMISSION
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
duly 8, 2003
Item V-M. 4.
-47-
APPOINTMENTS
ITEM # 5142 7
Upon NOMINATION Vtce Mayor Jones, Ctty Counctl REAPPOINTED
Margaret L. Eure
James K. Spore
2-year terms
07/01/2003 - 06/30/2005
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
Vottng 11-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
- 48 -
Item V-M. 4.
APPOINTMENTS
ITEM # 51428
Upon NOMINATION by Vtce Mayor Jones, City Counctl APPOINTED
Marrilu P. Ablowich
3-year term
09/01/2003 - 08/30/2006
PUBLIC LIBRARY BOARD
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
July 8, 2003
- 49-
ITEM # 51429
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Council to conduct tts second CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews
of prospecttve candtdates for employment, assignment, appomtment,
promotion, performance, demotion, salaries, dtsctphmng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 2-3 711 (A) (1)
To Wtt
Appotntments Boards and Commtsstons Development Authortty
Hampton Roads Economtc Development Alhance
Mtnortty Bustness Counctl
Parks and Recreatton Commtsston
Performing Arts Theatre Advtsory Commtttee
Shore Drive Advtsory Commtttee
Towtng Advtsory Board
Motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl voted to proceed tnto CLOSED
SESSION (6:22 P.M.).
Voting 11-0
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(6:22 P.M. - 6:57P. M. )
July 8, 2oo3
- 50-
ITEM it 51430
Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, July 8, 2003, 6 57 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones,
Reba S McClanan, Rtchard A Maddox, Mayor Meyera E
Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva,
Rosemary Wtlson and James L Wood
Counctl Members Absent
None
July & 2003
- 51 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51431
Upon motion by Counctlman Schmtdt, seconded by Counctlman Vdlanueva, Ctty Counctl CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS at 6:22 P.M.
Only pubhc bus~ness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc busmess matters as were tdentzfied tn the motton
convemng the Closed Sesston were heard, dtscussed or considered by
Vtrgmta Beach Ctty Counctl
Vottng 11-O
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L
Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
July 8, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~ma Beach C~ty Councd convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 51429, page 49, and ~n accordance w~th the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711 (.4) of the Code ofV~rg~ma reqmres a certification by the govermng
body that such Closed Session was conducted ~n conformity with Vlrg~ma law
NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Councd hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting reqmrements by V~rglma law were d~scussed in Closed Session to which this certification resolution
applies, and, (b) only such public business matters as were identified in the motion convemng this Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
t{uth ~'
Hodges Smith, MMC
City Clerk
July 8, 2003
- 52 -
Item V-O
ADJOURNMENT
ITEM # 51432
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6:58 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
July 8, 2003