AUGUST 5, 2003 MINUTESCITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES. Baystde -Dtstmct 4
HARRY E DIEZ, EL, Kempswlle -Dtstrtct 2
MARGARET L EURE, Centervdle - Dtstrwt 1
REBA S McCLANAN, Rose Hall -Dtstmct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM RFEVE, Princess Anne - Dt~tnct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -D~strtct 5
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES SMITH, MMC, Cay Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
( lit HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
5 August 2003
I. CITY MANAGER'S BRIEFINGS
- Conference Room-
1:00 PM
to
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) AGREEMENT
E Dean Block, Director - Department of Pubhc Works
Wade Kyle, Administrator - Public Works
Bo
"OLD BEACH" MASTER PLAN
Robert J. Scott, Director - Department of Planning
II REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION -Conference Room- 4:30 PM
A. CALL TO ORDER- Mayor Meyera E Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Chaplmn Donald Staton
Christian M~ss~on Fellowship 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 8, 2003
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1 AGRICULTURAL RESERVE PROGRAM (ARP) - Blackwater and Hungarian Roads
a. Earl R. and Karen M. Bogda - 33.02 acres, 3272 Hungarian Road
b. Samuel R. Bradley - 41.30 acres, 5612 Blackwater Road
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
.
Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easements and issuance of contract obligations.
ao
33.02 acres at 3272 Hungarian Road in behalf of Earl R. and Karen M. Bogda
(Installment Agreement 2003-58).
bo
41 30 acres at 5612 Blackwater Road in behalf of Samuel R. Bradley (Installment
Agreement 2003-59
°
Ordinance to AUTHORIZE the City Manager to accept a Deed of Termination from the
United States of America (USA) to vacate and convey unto the City the entire Lynnhaven
dredge spoil site easement together with all accretions.
o
Ordinance to AUTHORIZE the City Manager to execute and dehver the Joint Powers
Association Agreement re purchasing electricity and becoming a member of the Virginia
Energy Purchasing Governmental Association (VEPGA).
.
Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of
Ingenco's rights and obligations to MERCANTILE under The Amended Landfill Gas Sale
Agreement re gas recovery system at Landfill II.
.
Ordinance to ACCEPT and APPROPRIATE a $506,599 grant from the U.S, Transportation
Security Administration re replacement of some current marine patrol boats, related
equipment and additional training of the marine patrol unit for the Pohce Department.
o
Ordinance to ACCEPT and APPROPRIATE a $243,057 grant from the U. S. Department of
Justice re equipment to address tactical rescue and hazardous materials events for the Fire
Department
o
Ordinance to ACCEPT and APPROPRIATE a $100,000 grant from the U.S. Department of
Justice; and, TRANSFER $5,000 re hazardous incident robot to address multiple threats,
(such as explosives handhng, incendiary devices, weapons of mass destruction, biological and
chemical weapons), to enhance the level of safety for emergency responders and the local
citizens.
°
Ordinance to establish a Capital Improvement Plan (CIP) project re Red Wing Lake Golf
Course improvements; and, APPROPRIATE $1,000,000 of fund balance from the Parks and
Recreation Special Revenue Fund to this project
°
Resolution estabhshlng the Trauma Center Task Force to restore the Level II Center
designation and identify other issues re current hospital services to be maintained and enhancer
for the citizens of Virginia Beach at Sentara Virginia Beach General Hospital
10.
Resolution establishing an Unfunded Education Mandates Joint Task Force and providing
for its membership and duties.
11
Resolution AUTHORIZING the City Manager issue a Request For Proposal (RFP) and
AWARD an exclusive contract for beverage vending machines on City property.
DEFERRED
July 1, 2003
Ko
PLANNING
o
THE FOLLOWING PLANNING ITEMS WERE ACTED UPON BY CITY COUNCIL
AT THEIR REGULAR FORMAL SESSION PLANNING PUBLIC HEARING ON THE
TWENTY-FOURTH DAY OF JUNE 2003; HOWEVER, DUE TO A PUBLISHING
ERROR, ADVERTISING OCCURRED ONLY ONCE IN THE BEACON.
THEREFORE, THE ACTION OF CITY COUNCIL ON JUNE 24TH WAS
DECLARED NULL AND VOID. THESE ITEMS WERE PUBLISHED IN
ACCORDANCE WITH THE VIRGINIA STATE CODE ON JULY 20 AND 27, 2003,
AND ARE SUBJECT TO CITY COUNCIL ACTION AT THEIR REGULAR FORMAL
SESSION PLANNING PUBLIC HEARING ON TUESDAY, AUGUST 5, 2003:
ao
Application of TRACY REDBURN re expanston ofa nonconformtng use to construct
a garage for the one story structure at 615 Twenty-S~xth Street.
DISTRICT 6 - BEACH
Recommendation
Action of City Council: June 24, 2003:
DENIAL
ALLOW WITHDRAWAL
bo
Application of KEMPSVILLE BUILDING MATERIALS, INC. re dtsconttnuance,
closure and abandonment of a port~on of Denn Lane on the north side of Southern
Boulevard, west of Jersey Avenue, to create a consohdated parcel of approximately 5.5
acres.
DISTRICT 2 - KEMPSVILLE
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
Co
Application of RACHAEL A. SPRINGER for a Condtttonal Use Permtt re a
residential kennel for up to seven (7) dogs at 5544 Hatteras Road.
DISTRICT 2 - KEMPSVILLE
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
do
Appllcahon of MOSE MAST - VIRGINIA BEACH MARBLE CO. for a
Condtttonal Use Permtt re a bulk storage yard to store raw materials and finished
marble products in Oceana West Corporate Park at 506 Viking Drive.
DISTRICT 6 - BEACH
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
,
Apphcatlon of GRAND SLAM USA for a Con&ttonal Use Permtt re a commercial
recreational facility to operate three (3) indoor batting cages, instructional and
practice facilities, glove repair and a retail business at 3636 Virginia Beach
Boulevard, State 107.
DISTRICT 5 - LYNNHAVEN
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional
Use Perrntt re a bulk storage for pallets, recyclable cardboard materials and
seasonal sales areas at 1149 Nlmmo Parkway.
DISTRICT 7 -PRINCESS ANNE
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
go
Applications of JOSEPH G. PIPER to subdlwde the emstlng lot into three (3) lots,
with two (2) flag lots, at 2332 Seaboard Road re:
DISTRICT 7 - PRINCESS ANNE
(1) Vartance to 3~ 4 4(b) ofthe Subdivision Ordinance
(2)
Change of Zomng Dtstrtct Classtficatton from AG-2 Agricultural D~strlct to
R-15 Residential D~stnct
Recommendation
Action of City Council: June 24, 2003:
DENIAL
ALLOW WITHDRAWAL
ho
Apphcatlon of TRITON PCS/SUNCOM for a Mo&ficatton to the Green Run Land
Use Plan re a wireless communication tower on the east side of Independence
Boulevard, southeast of Nesbltt Drive, within an existing Virginia Power substation are~
DISTRICT 3 - ROSE HALL
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED/CONDITIONED
Ordinance to AMEND § 5.6 of the City's Subdivision Ordinance re the width of
sidewalks with a minimum of sixty (60) inches (rather than 48")
Recommendation
Action of City Council: June 24, 2003:
APPROVAL
APPROVED
Application of the City of Vlrglma Beach for the discontinuance, closure and abandonment
of an alley in Block 72, (bordered by Atlantic Avenue, 30th and 31 st Streets and Pacffic Avenue)
beginning at Laskln Road
(DISTRICT 6 - BEACH)
Recommendation: APPROVE
L. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
Mo
N
O°
08/01/03/gw
vbgov com
PARKS and RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE- COG
SHORE DRIVE ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
TOWING ADVISORY BOARD
YOUTH SERVICES COORDINATING COMMITTEE
UNFINISHED BUSINESS
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - June 2003
2. ABSTRACT OF CIVIL CASES RESOLVED - July 2003
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 Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
5 August 2003
Mayor Meyera E Oberndorf called to order the Brtefing re SOUTHEASTERN PUBLIC SERVICE
A UTHORITY(SPSA) AGREEMENT, tn the Ctty Counctl Conference Room, Ctty Hall, on Tuesday, August
5, 2003, at 1 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm
Reeve, and dames £ Wood
Councd Members Absent
Peter W Schmtdt
Ron A Vtllanueva
[Attendtng a Motorcycle Marathon tn
South Dakota]
[Entered 1 15 P MI
Rosemary Wtlson [Mother ts undergotng surgery]
-3-
CITY MANA GER'S BRIEFING
SO UTHE,4S TERN PUBLIC SER VICE (SPS,4) ,4 GREEMENT
I :OO P. M.
ITEM # 51434
Wade Kyle, Admtntstrator- Waste Management Dtvtston, advtsed the Southeastern Public Service,4 uthority
(SPS,4) currently operates a yard waste processmgfacthty on ntne (9) acres of land at Landfill Il pursuant
to a lease wtth the Ctty SPSA wishes to assume the operatton of the apphance ("White Goods)" recychng
factltty at Landfill II, and acqutre an option to lease 48+_. acres at Landfill II tn order to consohdate tts
compost/mulch operations at the Regtonal Landfill into one site Mr Kyle &splayed the property along the
Interstate owned by CBN, as well as Kempsvtlle Road, Ctty Vtew Park and Centervtlle Turnptke The "red"
boundary ts the boundary of the landfill property comprtsed of approxtmately 262 acres Since the operatton
of the Whtte Goods recychng facthty ts not covered under the current lease wtth SPSA, an agreement
provtdmgfor thts spectfic operatton ts needed The optton to lease 48+__ acres wtll allow SPSA to finahze tts
plans for consohdatton of tts operattons The long term agreement are authortzed by Vtrgmta Code Sectton
15 2-5148
The Southeastern Pubhc Servtce Authority (SPSA) ts the regtonal sohd waste chsposal agency created tn the
1980's to handle the sohd waste for Norfolk, Portsmouth, Chesapeake, Suffolk, Vtrgmta Beach, Frankhn and
the Counttes of Isle of Wtght and Southampton
On August 8, 1984, Vtrgtnta Beach and SPSA entered tnto two (2) agreements One was an agreement for
"use and support", whtch was executed by all eight (8) SPSA member communtttes It was tntended to
provtde a basts for SPSA to obtatn financtng to construct the regtonal waste dtsposal facthttes, begtn
processing sohd waste and to assure that adequate quanttttes of waste are available to offset costs for
operatton and debt service Thts agreement exptres on January 24, 2018 The second agreement was for
"Dtsposal of Ash and Restdue" Thts agreement provtdes for SPSA to dtspose of up to 300, 000 tons of ash
and restdue from the Refuse Dertved Fuel Plant tn Portsmouth at the Vtrgmta Beach Landfill H The
agreement requtred SPSA to retmburse Vtrgtnta Beach for the purchase of 153 acres of land tn the 1980's
to be used for dtsposal of the ash and residue Other significant provtstons of the agreement allow for
Vtrgtnta Beach to dtspose of 5 % of the waste collected by the Ctty and Ctty contractors without charge, and
for a predetermtned cap on the ttpptngfees patd each year durtng the term of the agreement The agreement
exptres December 31, 2015, at whtch ttme the benefits of the capped ttpptng fee and operattng cost
retmbursement wtll expire The 5%free dtsposal ts also a provtston of the Use and Support Agreement, so
Vtrgtnta Beach wtll recetve thts benefit at least through January 24, 2018 In July 1997, SPSA notified the
Ctty they would no longer be dehvertng ash and restdue to Landfill H They dectded to dtspose of tt tn the
Regtonal Landfill However, a provtston of the agreement states, "The Authortty agrees to make such
payments to Vtrgtnta Beach (operattng and capttal costs) trrespecttve of whether the authortty makes use
of the Landfill"
SPSA ts constdertng consohdattng the mulch factltty at Landfill H and the compost facthty of the Regtonal
Landfill into one stte at Landfill II. SPSA has asked for a Lease Optton for approxtmately 48 acres tt will
need at Landfill lI. It wtll provtde SPSA the opportuntty to begtn planntngfor an expanston of the Regional
Landfill, reduce operattng costs and wtll hmtt the need to locate or purchase another stte The term ts from
the ttme the lease optton ts exerctsed through the year 2010 wtth two (2) addtttonal renewal terms often (10)
years each Counctl Lady Eure suggested the tntttal term be allowed through 2010, but have five (5) year
renewals thereafter rather than ten years In any case, after January 24, 2018, as thts ts the end of all the
agreements for the use and support of SPSA, the Ctty has the optton to provtde a two-year nottce
August 5, 2003
-4-
CITY MANA GER'S BRIEFING
SO UTHEAS TERN PUBLIC SER VICE (SPSA) AGREEMENT
ITEM # 51434 (Continued)
SPSA has offered the followtng constderattons
SPSA wtll abandon the extsttng 9-acre mulch factltty for the Ctty of
Vtrgtnta Beach to use as they deem approprtate
SPSA wtll take over operatton of the "White Goods Program" at no
cost to the Ctty It requtres that apphances dehvered to Landfill II by
the Ctty and others be recycled All freon ts extracted from
refrzgerators and atr condtttoners to comply wtth the Federal Clean
Atr Act
SPSA wtll destgn the factltty to assure adequate buffers wtll be m place
for norse control and aesthettc buffertng We wtll be requtrtng a
mtntmum of a 50' buffer of trees smf shrubbery on the pertmeter of the
stte that ts not dtrectly adjacent to the Landfill operatton
SPSA uses an envtronmentally safe chemtcal agent to control odors tn
the compost operatton
Land for future phases cleared by SPSA
Internal roads tmproved by SPSA
The annual trtps of SPSA tractor-traders over Vtrgtma Beach roads
wtll be reduced by 2,691 or 53%
Vtrgtnta Beach wtll conttnue to have a chsposal locatton tn the western
part of the Ctty to dehver yard waste
SPSA wtll pay all costs for constructton and operatton of the facthty and wtll pay $81,691 to the Ctty for
past due amounts tn dispute SPSA wdl take over the operatton of the "Whtte Goods "program at no cost
to the Ctty $160, 000 was reallocated tn the FY2003/2004 Budget as a result of SPSA performing thts work
at no cost to the Ctty SPSA wtll pay all costs for constructton and operation of the Compost/Mulch facthty
The hours of operatton of the tub grtnder machtne utthzed for composttng shall be contatned wtthtn the
agreement (approxtmately 7 O0 A M to 5 30 P M) and the grtnder shall be located away from the
restdenttal area
An Or&nance authortztng the Ctty Manager to execute an agreement wtth the SOUTHEASTERN PUBLIC
SER VICE A UTHORITY (SPSA) for the operation of the apphance ("White Goods ") recychngfacthty and
a lease opttonfor the compost/mulchfacthty at Landfill Ilshall be scheduled for the Czty Counctl Sesston
of August 12, 2003
August 5, 2003
-5-
CITY M/INA GER'S BRIEFING
"OLD BEA CH MASTER PLAN"
19tn Street Corridor
1:29 P.M.
ITEM # 51435
Robert Scott, Dtrector of Planmng, advtsed Sktdmore, Owtngs and Merrtll, LLP (SOM) presented detailed
briefings tn November 2002 and March 2003 re a consohdated plan for the 19tn Street and 17~ Street
Corridors Thts plan ss now entitled the "Old Beach Area", as st does not strtctly encompass 19th Street,
although 19th Street rematns the "heart" When the new Conventton Center opens tn 2007, the Ctty wtshes
to have an tmproved connectton of thts facthty to the Oceanfront Three (3) elements are contatned wtthtn
the study (1) a hnearpark along the northstde of]9th Street connecttng the Oceanfront wtth the Conventton
Center, (2) strong/healthy mtxed use areas along both 19'h and 17th Streets and (3) revttahzatton of the three
(3) extsttng trader parks, not harmontous wtth Ctty Counctl's goals Through the Hampton Roads
Transportatton Dtstrtct Commtsston (HRT), a Bus Raptd Transit (BRT) study has been commtsstoned SOM
advtsed thts concept cannot rely on automobtles There must be a htgher presence of rehable transtt tn the
area Efforts need to be coordtnated wtth the Vtrgtnta Beach School Board relattve relocatton of the Vtrgtnta
Beach Mtddle School
don DeVrtes, Prtnctpal and Nattonal Dtrector of Strategtc Development Planmng and Karen Gross -
Manager of Strategtc Development Planntng, URS Corporation, dtscussed the economtc analysts of the
Conventton Center and Beach Dtstrtct Market
URS PROJECT AREA
22nd Street on the north
Oceanfront on the east
16th Street and Norfolk Avenue on the south
Birdneck Road on the west
August 5, 2003
-6-
CITY MANA GER'S BRIEFING
OLD BEACH MASTER PLAN"
19tn Street Corridor
ITEM # 51435
LAND CONSTRAINTS- .4IC UZ
IMPLEMENTATION RECOMMENDATIONS
Creatton of Houstng Redevelopment Authortty- land assembly
Creatton of an area-wtde Tax Increment Ftnanctng Dtsttrct (T/F) -
asstst wtth land assembly, stte preparatton and tnfrastructure costs
Rehabthtatton program - low-interest loans/rants to encourage
existing owners to matntatn and upgrade properties
Systemattc Code Enforcement -program to tdenttfy code vtolattons tn
area
a~tYUllu~, utdltl~
d~hts <,1
~r~ullur~ Utlltl~
offs,
sale
oUt~
August 5, 2003
-7-
CITY MANA GER'S BRIEFING
OLD BEA CH MASTER PLAN"
19tn Street Corridor
ITEM # 51435 (Continued)
A hst of ctttes wtth schools tn close proxtmtty to Conventton Centers shall be provtded Concern was
expressed relative a Redevelopment and Houstng Authortty betngplaced first on the hst of recommendattons
Vtce Mayor Jones beheves the two major steps should be (1) the purchase of the land between the
Conventton Center and the Oceanfront, and, (2) developtng the park-hke scene down I9th Street to the
Oceanfront
There should be a coor&natton of the groups tnvolved wtth thts Plan t e the Resort Area Commtsston (RA C),
Planning Commtsston, Board of Zomng Appeals and the Conventton Center Advtsory Commtttee The
appotntment o fa Ctttzens Steering or Advtsory Commtttee was suggested to coordtnate wtth the Cay Counctl
Ltatsons The Mayor advtsed Counctl Members Maddox and Reeve have requrested to be the City Counctl
Ltatstons Counctl Members Maddox and Reeve shall provtde a hsttng of the responstbthttes and posstble
composition of thts Advisory Commtttee to City Council for thetr constderatton Appointments shall be made
during September Ad&tonal consultant work will be necessary tn terms of traffic analysts, transtt
opportuntttes, et cetera If acceptable, the study should be completed tn approxtmately ten (1 O) months wtth
engmeermg destgn, constructton and completton approxtmately tn 2007
FIVE MINUTE BREAK - 3:52 P.M. to 4:08 P.M.
August 5, 2003
-8-
AGENDA RE VIEW SESSION
4:08 P.M.
ITEM # 51436
J1
Ordtnances to AUTHORIZE the acqmsttton of
Agrtcultural Reserve Preservation (ARP) easements and
tssuance of contract obhgattons
a 33 02 acres at 3272 Hungartan Road tn behalfofEarlR, and
Karen M. Bogda (Installment Agreement 2003-58)
b 41 30 acres at 5612 Blackwater Road tn behalf of Samuel
R. Bradley (Installment Agreement 2003-59
Counctl Lady McClanan wtll vote NAY on thts ttem
J5
ITEM # 5143 7
Or&nance to ACCEPT and APPROPRIATE a $506,599
grant from the U & Transportatton Securtty
Admtntstratton re replacement of some current marine
patrol boats, related equtpment and ad&ttonal tratntng of
the marine patrol unit for the Pohce Department
Counctl Lady McClanan expressed concern Counctlman Wood advtsed thts ordtnance does not relate to
fisherman He and Counctlman Schmtdt, wtth Ctty Attorney Ltlley as well as representattves of the Pohce
Department, attended the Coastal Conservation Association (CCA) meettng. The law, when necessary, ts
betng enforced Otherwtse, warntngs are issued These are the Ctty 's first Homeland Security funds
J8
ITEM # 51438
Ordtnance to estabhsh a Capital Improvement Plan (CIP)
project re Red Wing Lake Golf Course tmprovements,
and, APPROPRIATE $1,000,000 of fund balance from
the Parks and Recreatton Spectal Revenue to fund thts
project
Counctl Lady McClanan wtll vote NAY on thts ttem and a&vsed the prtmary users of the facthty should pay
for the improvements
August 5, 2003
-9-
AGENDA RE VIEW SESSION
ITEM # 51439
J9
Resolutton estabhshtng the Trauma Center Task Force to
restore the Level II Center destgnatton and tdenttfy other
tssues re current hospttal servtces to be matntatned and
enhanced for the ctttzens of Vtrgtnta Beach at Sentara
Vtrgtnta Beach General Hospttal
Counctlman Vtllanueva requested two (2) of the members be representattves of the General Assembly one
from the Senate and one from the House of Delegates Two members of the General Assembly have already
expressed tnterest
Thts ordinance shall be revised to increase membership from seven (7) to nine (9)
The Mayor advtsed the Task Force shall furnish recommendattons to City Council by November 30, 2003
Thts should enable thts matter to be tncluded tn City Counctl's Legtslattve Package for 2004
ITEM # 51440
Counctlman Vtllanueva dtstrtbuted a Revised Resolution encompassing the followtng verbtage to be added
(hnes 30 to 36)
"WHEREAS, the Counctl wtshes to study the tmpacts of unfunded
mandates on the local government budget and as a first step destres to
focus on the effects on pubhc educatton,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEA CH, VIRGINIA
1 As a first step towards addresstng unfunded mandates, there ts
hereby estabhshed the Joint Task Force on Unfunded Mandates for
Educatton"
Councilman Vtllanueva advtsed thts ts a "government tn actton" tntttattve
ITEM # 51441
J 11 Resolutton AUTHORIZING the Ctty Manager tssue a
Request For Proposal (RFP) and A WARD an exclustve
contract for beverage vending machines on Cttyproperty
Thts request forproposals and any resulttng contract shall exclude machtnes on Cttyproperty not operated
by an outstde party or vendor
Thts ttem shall be DEFERRED INDEFINITEL Y, B Y CONSENT.
August 5, 2003
- 10-
AGENDA RE VIEW SESSION
ITEM # 51442
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTIONS
J1
Ordtnances to AUTHORIZE the acqutsttton of
Agrtcultural Reserve Preservatton (ARP) easements and
tssuance of contract obhgattons
a 33 02 acres at 3272 Hungartan Road tn behalf of Earl R. and
Karen M. Bogda (Installment Agreement 2003-58)
b 41 30 acres at 5612 Blackwater Road tn behalf of Samuel
R. Bradley (Installment Agreement 2003-59
J2
Ordinance to AUTHORIZE the Ctty Manager to accept
a Deed of Termination from the Umted States of Amertca
(USA) to vacate and convey unto the Ctty the enttre
Lynnhaven dredge spoil site easement together wtth all
accretions
J3
Or&nance to AUTHORIZE the Ctty Manager to execute
and dehver the Joint Powers Association Agreement re
purchastng electricity and becomtng a member of the
Vtrgtma Energy Purchastng Governmental Assoctatton
(VEPGA)
J4
Ordtnance to AUTHORIZE the Ctty Manager to execute
a Consent to the Asstgnment of Ingenco's rtghts and
obhgattons to MERCANTILE under The Amended
Landfill Gas Sale Agreement re gas recovery system at
Landfill II.
J5
Ordmance to ACCEPT and APPROPRIATE a $506,599
grant from the U & Transportatton Securtty
Admtntstratton re replacement of some current marine
patrol boats, related equtpment and addtttonal tratnmg of
the marine patrol unit for the Pohce Department
J6
Ordtnance to ACCEPT and APPROPRIATE a $243,057
grant from the U S Department of Justtce re equtpment
to address tactical rescue and hazardous materials events
for the Ftre Department
August 5, 2003
-11-
AGENDA RE VIEW SESSION
ITEM # 51442 (Continued)
J7
J8
J9
JlO
Jll
Ordtnance to ACCEPT and APPROPRIATE a $100, 000
grant from the US Department of Justtce, and,
TRANSFER $5,000 re hazardous incident robot to
address multtple threats, (such as explostves handhng,
tncendtary devtces, weapons of mass destructton,
btologtcal and chemtcal weapons), to enhance the level of
safety for emergency responders and the local citizens
Or&nance to estabhsh a Capttal Improvement Plan (CIP)
project re Red Wing Lake Golf Course improvements,
and, APPROPRIATE $1,000,000 of fund balance from
the Parks and Recreation Spectal Revenue Fund to fund
thts project
Resolutton estabhshtng the Trauma Center Task Force to
restore the Level II Center destgnatton and tdenttfy other
issues re current hospttal servtces to be mamtamed and
enhanced for the ctttzens of Vtrgtnta Beach at Sentara
Vtrgtnta Beach General Hospttal
Resolutton estabhshtng an Unfunded Education
Mandates Joint Task Force and provtdtng for tts
membershtp and duties.
Resolutton AUTHORIZING the Ctty Manager tssue a
Request For Proposal (RFP) and A WARD an exclustve
contract for beverage vending machines on Cttyproperty
Counctl Lady McClanan shall vote NAY on Item J I a/b and J 8
Item J 9 shall be ADOPTED, AS REVISED, B Y CONSENT.
Item J 1 O, shall be ADOPTED, AS REVISED, BY CONSENT.
Item J 11 shall be DEFERRED INDEFINITEL Y, B Y CONSENT
August 5, 2003
- 12-
AGENDA RE VIEW SESSION
ITEM # 51443
The City Clerk advtsed the planning items (K.l.a-i.) were acted upon by City Council at their regular
Formal Session Planning Public Hearing on the Twenty-fourth day of June 2003; however, due to a
publishing error, advertising occurred only once in the Beacon. Therefore, the action of City Council on
June 24th was declared null and void. These items were published in accordance with the Virginia State
Code on July 20 and 2 7, 2003, and are subject to City Council action at their regular Formal Session
Planning Public Hearing on Tuesday, August 5, 2003. Correspondence from The Virginian Pilot
admitting their error was enclosed in City Council's agenda.
The Ctty Attorney advised the purpose of the second adverttsement ts to assure the pubhc recetved proper
nottce requtred by the Vtrgtnta State Code The Ctty Counctl wtll be voting on these ttems as tf they never
previously voted, however, the items can be voted upon BY CONSENT, wtth verbal votes expressed
ITEM # 51444
K 1 d Apphcatton of MOSE MAST- VIRGINIA BEACH
MARBLE CO. for a Conditional Use Permit re a bulk
storage yard to store raw matertals and fintshed marble
products tn Oceana West Corporate Park at 506 Viking
Drtve
DISTRICT 6- BEA CH
Stephen Whtte, Planmng, advtsed relattve Con&tton No 3 The last sentence should be deleted as requested
by the Planmng Commtsston and recorded tn the Mtnutes of June 24, 2003
3 Constructton of the bulk storageyard shall be completed wtthtn
90 days of Con&ttonal Use Permit approval 77,~e semi-traile, s
ITEM # 51445
L 9 Ordinance to AMEND 3~ 5 6 of the Ctty k Subdtvtston
Ordtnance re the width of sidewalks
Counctl Lady McClanan tnqutred tf thts ttem was dtscussed wtth the btktng representattves Counctl Lady
Eure advtsed Fred Adams concurs wtth thts amendment
The Ctty Manager advtsed a wtdth of stxty (60) tnches ts conststent wtth the reqmrements of the Amertcans
wtth Dtsabtltttes Act (ADA)
John Fowler, Pubhc Works, advtsed thts wtdth does not affect the wtdth of the btke trads Mr Fowler
beheves the btktng communtty wouM concur wtth the ADA requtrement
August 5, 2003
- 13-
AGENDA RE VIE W SESSION
ITEM it 51446
B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENTA GENDA:
Kla
Apphcatton of TRACY REDBURN re expansion of a
noncon_formtng use to construct a garage for the one story
structure at 615 Twenty-&xth Street
DISTRICT 6- BEA CH
K1 b
Apphcatton of KEMPSVILLE BUILDING MA TERIALS,
INC. re dtsconttnuance, closure and abandonment of a
portton of Denn Lane on the north side of Southern
Boulevard, west of Jersey Avenue, to create a consohdated
parcel of approxtmately 5 5 acres
DISTRICT 2 - KEMPSVILLE
Klc
Apphcatton of RA CHAEL A. SPRINGER for a Con&ttonal Use
Permtt re a residential kennel for up to seven (7) dogs at 5544
Hatteras Road
DISTRICT 2 - KEMPSVILLE
K 1 d Apphcatton of MOSE MAST - VIRGINIA BEACH
MARBLE CO. for a Con&ttonal Use Permtt re a bulk
storage yard to store raw matertals and fimshed marble
products tn Oceana West Corporate Park at 506 Vtktng
Drtve
DISTRICT 6- BEA CH
Lie
Apphcatton of GRAND SLAM USA for a Con&ttonal Use
Permtt re a commercial recreational facility to operate
three (3) indoor batting cages, instructional and practice
facilities, glove repair and a retail business at 3636
Vtrgmta Beach Boulevard, Sutte 107
DISTRICT 5 - L YNNHA VEN
K 1 f Apphcatton of WAL-MARTREAL ESTATE BUSINESS
TRUST for a Condmonal Use Permtt re a bulk storage
for pallets, recyclable cardboard materials and seasonal
sales areas at 1149 Ntmmo Parkway
DISTRICT 7- PRINCESS ANNE
Klg
Apphcattons of JOSEPH G. PIPER to subdtvtde the
extsttng lot tnto three (3) lots, wtth two (2)flag lots, at
2332 Seaboard Road re
DISTRICT 7- PRINCESS ANNE
(1) Variance to 3~ 4 4(b) of the Subchvtston Ordinance
(2) Change ofZomngDtstrtct Classtficatton from AG-2 Agrtcultural
Dtstmct to R-15 Restdenttal Dtstrtct
August 5, 2003
- 14-
AGENDA RE VIEW SESSION
ITEM # 51446 (Continued)
Klh
Kit
Apphcatton of TRITON PCS/SUNCOM for a
Modt_ficatton to the Green Run Land Use Plan re a
wireless communication tower on the east stde of
Independence Boulevard, southeast of Nesbttt Drtve,
wtthtn an extsttng Vtrgtnta Power substatton area
DISTRICT 3 - ROSE HALL
Or&nance to AMEND 3~ 5 6 of the City's Subdtvtston
Or&nance re the width of sidewalks.
K2
Apphcatton of the Ctty of Vtrgtma Beach for the discontinuance,
closure and abandonment of an alley tn Block 72, (bordered by
Atlanttc Avenue, 30th and 31s' Streets and Pacific Avenue),
begtnntng at Lasktn Road
(msrmcr 6- BEA CH)
Item K 1 a wtll be WITHDRAWN, BY CONSENT
Counctl Members Eure, McClanan and Wood wtll vote NAY on Item K 1 c (Sprtnger)
Vtce Mayor Jones wtll VERBALL Y ABSTAIN on Items K 1 b (Kempsvtlle Butldtng) and K 1 e (Grand
Slam)
Item K 1 g will be WITHDRAWN, BY CONSENT
August 5, 2003
-15-
CITY COUNCIL LIAISON REPORTS
4:45 P.M.
ITEM # 51447
Counctl Members, Reeve, Maddox and Vtllanueva, held thetr first Senior Citizens Real Estate Tax Relief
Task Force meettng tn duly at the Shertff's ,4dmtntstrattve Conference Room Unfortunately, a storm htt the
Muntctpal Complex and power was lost The enttre meettng was conducted tn the dark
The next meettng ts scheduled for August 27, 2003, at 6 O0 P M tn the Fire Tratntng Academy on Btrdneck
Road (old Seatack Elementary School) Thts wtll allow for a larger facthty to accommodate the pubhc
Counctlman Reeve advtsed financtal tmphcattons are one of the roam concerns
ITEM # 51448
Councdman Vtllanueva requested tnformatton relattve the status of the Pendleton Parking sttuatton
Counctlman Maddox advtsed co-or&nattng wtth Pubhc Works and the Pohce Department and beheves the
Ordtnance to AUTHORIZE elimination of parkingfees imposed under the 2002 Camp Pendleton Beach
Agreement (,4dopted on ,4ugust 6, 2002) has been a success Prtor to Ctty Counctl actton, there were only
approxtmately thtrty or forty vehtcles parked tn the lot Now, the parktng lot ts almost full during the week
and completely occupied during the weekend There ts a speedtngproblem on Vanderbtlt (the road mto the
parktng loO Croatan ts served by the traffic calming program and ts tn the process of gotng into the next
level, whtch requtres a petttton contatntng stgnatures of 75% of the netghborhood residents On Saturday
and Sunday, when the parktng lot ts completely occupted, vehtcles "cue up" on Vanderbtlt, as many as five
and stx blocks, whtch results tn blockage of restdents' drtveways Commencing two weeks ago, the Pohce
Department wtll not allow thts hntng up on Vanderbtlt Ulttmately access wtll be needed through Pendleton
tnto thts parktng lot Thts ts sttll a "work tn progress" One of the recommendattons of the Beaches and
Waterways Commtsston was ulttmately satelhte parkmg would be necessary
ITEM # 51449
Counctl Members Wood and Schmtdt made a presentatton to the School Board on duly 15, 2003, relattve the
Performing Arts Theatre Subsequent to thts meettng, Counctlman Schmtdt actually met with representattves
of the Vtrgtnta Beach School Board reflected tn an article tn The Vzrgmtan Ptlot ,4 report wtll be provtded
to Ctty Counctl durtng thetr Retreat
August 5, 2003
-16-
COUNCIL COMMENTS
5:00 P.M.
ITEM # 51450
Vice Mayor Jones DISCLOSED and presented to the Ctty Clerk a Request for a Confltct of Interests Act
Optmon from Commonwealth's Attorney Harvey Lee Bryant, III and City Attorney Leshe L Ltlley relattve
the Town Centerproject Based on thetr revtew of the State and Local Government Confltct of Interests Act
and the facts provtded, the Commonwealth's Attorney and Ctty Attorney advtsed Vtce Mayor Jones no longer
has a personal tnterest tn the Town Centerproject and confirmed the conflict no longer extsts Vtce Mayor
Jones may parttctpate on behalf of City Council tn the ongoing dtscusstons concermng Town Center Vtce
Mayor Jones' letter of July 1, 2003, ts hereby made a part of the record
ITEM # 51451
Mayor Oberndorf advtsed she and her husband Roger, after atten&ng a movte at Columbus Center, were
approached by a couple who advised her the hghts on the sptre at our Town Center were out
The Mayor advtsed the Ctty Manager of the hghts bemg out and the prtde of the ctttzens After a speech at
the Ktwants Club, the members tnformed her the hghts were back on at their Town Center The restdents
take great prtde tn the Town Center Mayor Oberndorf expressed apprectatton to the City Manager
ITEM # 51452
Counctlman Reeve advised thts Saturday, August 9, 2003, will be the third Annual Eco-Sports Challenge
in south Sandbridge at Little Island. Thts event ts predomtnately an outer canoe kayak race tntttated three
(3) years ago Sandbrtdge Eco-Sports ts one of the matn sponsors Counctlman Reeve extended an tnvttatton
to the Mayor and Counctl Members tojotn tn thts sports event
ITEM # 51453
Counctl Lady Eure tnqutred whether or not bustnesses have to pay for terrorists' risk insurance tn the
Commonwealth Insurance companies are arbttramly addtng thts to thetr coverage
Counctl Members Wood and Maddox advised tt ts opttonal, however, Counctlman Maddox advtsed he
elected to pay for thts tnsurance
August 5, 2003
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
In Reply Please Refer to OP-818
July 1, 2003
Vice-Mayor Louis R. Jones
V]rgima Beach City Councd
Mumcipal Center
V]rgima Beach, VA 23456
Re: Request for Conflict of Interests Act Opimon
Dear V~ce-Mayor Jones:
I am writing in response to your request for an op~mon as to whether you are precluded from
pammpat~ng on behalf of C~ty Council in ongoing discussions concerning Town Center.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts prowded by you, I am of the op~mon that you do not have a personal ~nterest ~n the Town
Center project. Therefore, you may partmipate on behalf of City Councd ~n the ongmng discussions
concerning Town Center.
I base the aforesmd conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herren as you may only rely upon th~s opimon
to the extent that those facts are complete and accurate.
FACTS PRESENTED
The City and the Virg~ma Beach Development Authority have a contract w~th Town Center
Assomates, L.L.C. ("Town Center Assomates") to develop the Town Center of V~rgima Beach
("Town Center"), a mult~-mdhon dollar urban development center located ~n the C~ty's Central
Vine-Mayor Louis R. Jones -2- July 1, 2003
Re: Request for Conflict of Interests Act Oplmon
Business D~strict. Armada Hoffier Development Company proposed the Town Center project, and
when the C~ty accepted, Armada Hoffier Development Company formed Town Center Associates
for the purpose of entering ~nto the Town Center pubhc-pnvate partnership with the C~ty. Town
Center Associates engaged Armada Hoffier Development Company as developer of the project, and
Armada Hoffier Development Company engaged Armada Hoffier Construction Company to
construct the project. Town Center Associates or ~ts assigns or other Armada Hoffier-afilliated
entities~ wall operate and lease the completed Phase I tower and the parking structure and wall
construct, operate and lease future Town Center ~mprovements ~n Phase II and beyond. In the
normal course ofbus~ness, completed projects of Armada Hoffier-affihated entities that are not sold
are managed and operated by Armada Hoffier Properties.
You have an ownership ~nterest ~n Resource Bank which exceeds three percent of ~ts total
equity. Since 1997, Resource Bank has extended three loans and two lines of credit to various
Armada Hoffier-affiliated ent~t~es.
In 1997, Resource Bank extended to Armada Hoffier Construction Company a $1 mdlion
revolving line of credit. That line of credit was extended on June 29, 2001, but ~t was cancelled ~n
August 2001 (hereinafter "cancelled.hne of credit")
Also ~n 1997, Resource Bank extended to Armada Hoffier Investment Properties II a $1.2
m~llion loan for the purchase of three parcels ~n the Greenbrier section of Chesapeake. That loan was
renewed in April 2000 in the name of A/H Land L.L.C. (hereinafter "Greenbrier loan").
In 2000, Resource Bank extended to Lake Gaston, L.L.C. a $2.6 million loan for the
constructmn of a Food Lion. The facility ~s being built by Armada Hoffier Construction Company
(hereinafter "Food Lion loan").
Also in 2000, Resource Bank entered into a 50/50 part~mpatlon agreement with Monarch
Bank for a $1.6 milhon line of credit to Armada Hoffier Properties. Resource Bank d~d not directly
contract with Armada Hoffier Properties. Rather, Armada Hoffier Properties contracted with
I Throughout th~s op~mon, the term "Armada Hoffier-affihated entity" refers to ent~t~es whmh share
the same pnnc~pals as Armada Hoffier Construction Company The Act defines "affiliated bus~ness entity
relationship" as "a relationship, other than parent-subsidiary relationship, that emsts when 0) one bus~ness
entity has a controlhng ownership interest in the other business entity, (n) a controlling owner ~n one entity
~s also a controlling owner ~n the other entity, or (ill) there ~s shared management or control between the
business entities. Factors that may be considered in determining the existence of an affiliated business entity
relationship ~nclude that the same person or substantially the same person owns or manages the two entities,
there are common or commingled ftmds or assets, the business ent~t~es share the use of the same offices or
employees, or otherwise share act~wt~es, resources or personnel on a regular bas~s, or there ~s otherwise a
close working relationship between the entlt~es" Va Code § 2 2-3101.
Vice-Mayor Louis R. Jones -3- July 1, 2003
Re: Request for Conflict of Interests Act Opinion
Monarch Bank, which then entered into a participation agreement with Resource Bank. The line of
credit is unrestricted as to its business use. You have advised that this participation line of credit has
been cancelled (hereinafter "cancelled participation hne of cre&t").
In 2001, Resource Bank extended a $1.2 million loan to Armada Hoffier Construction
Company for the construction of an insurance building in New Jersey (hereinafter "New Jersey
loan").
ISSUE PRESENTED
May you participate on behalf of City Council ~n the ongoing discussions concerning Town
Center?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth ~n § 2.2-3100 et seq.
of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal
interests of an officer or employee of state or local government in the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member.
Based on the definitions set forth in the Act, you have a "personal interest''2 in
Resource Bank by virtue of your ownership interest which exceeds three percent of its total equity.
The critical inquiry, therefore, is whether, because of your personal interest in Resource Bank, you
have a "personal interest m a transaction''3 concerning Town Center.
2 "'Personal interest' means a finanmal benefit or habflaty accrmng to an officer or employee or a
member of h~s ammed~ate family. Such anterest shall exast by reason of 0) ownership an a busaness ~f the
ownershap anterest exceeds three percent of the total eqmty of the busaness; (n) annual ancome that exceeds,
or may reasonably be antmapated to exceed, $10,000 from ownership an real or personal property or a
busaness; (in) salary, other compensataon, fnnge benefits, or benefits from the use of property or any
combination thereof, prod or provided by a busaness or governmental agency that exceeds, or may reasonably
be antmlpated to exceed, $10,000 annually; 0v) ownershap of real or personal property afthe anterest exceeds
$10,000 an value and excluding ownership an a busaness, ancome, or salary, other compensation, fringe
benefits or benefits from the use of property; (v) personal habfllty ancurred or assumed on behalf of a
business af the habflaty exceeds three percent of the asset value of the busaness, or (w) an option for
ownership of a bus~ness or real or personal property ~f the ownership interest will consist of (1) or 0v)
above." Va. Code § 2.2-3101.
3 "'Personal interest an a transactaon' means a personal anterest of an officer or employee an any
matter consadered by has agency. Such personal anterest exists when an officer or employee or a member of
has amme&ate family has a personal anterest an property or a bus~ness or a governmental agency, or represents
Vice-Mayor Louis R. Jones
-4- July 1, 2003
Re: Request for Conflict of Interests Act Opinion
Based upon the facts presented, Resource Bank is not the subject of the transaction.
Therefore, the pertinent inquiry in the "personal interest in a transaction" analysis is whether, as a
result of the three loans and two lines of credit, Resource Bank may reahze a direct or indirect
benefit or detriment as a result of City Council's consideration of Town Center-related transactions.
The proceeds of the three loans extended by Resource Bank-the Greenbrier loan, the Food
Lion loan, and the New Jersey loan-by contract may only be used by the recipient entities for the
specific projects for which the loans were extended. Because the proceeds of these loans cannot be
used for the Town Center project, ~t is not reasonably foreseeable that Resource Bank will realize
a direct or indirect benefit or detriment as a result of City Council's consideration of Town Center-
related transactions.
The proceeds of the two lines of credit-the cancelled line of credit and the cancelled
participation line of credit-could have been used for any business-related purpose, including Town
Center. Because the cancelled hne of credit and the cancelled participation line of credit have been
terminated, however, it ~s not reasonably foreseeable that the cancelled lines of credit will cause
Resource Bank to realize a direct or indirect benefit or detriment as a result of C~ty Council's
consideration of Town Center-related transactions.
Because it is not reasonably foreseeable that Resource Bank will receive a direct or indirect
benefit or detriment as a result of Town Center transactions by mrtue of the loans or cancelled lines
of credit extended by Resource Bank to Axmada Hoffier-affihated entities, these loans and lines of
credit do not result in your having a personal interest in Town Center-related transactions.
Therefore, the Act would not prohibit you from participating on behalf of C~ty Council ~n the
ongoing discussions concerning Town Center.4
As a final note, the Conflict of Interests Act deals with the types of influences upon a pubhc
officer's judgement whmh are clearly improper. The law does not, however, protect against all
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety whmh is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial.
or prowdes sermces to any ~ndlwdual or bus~ness and such property, bus~ness, or represented or served
~nd~vldual or business 0) ~s the subject of the transaction or (n) may realize a reasonably foreseeable d~rect
or indirect benefit or detriment as a result of the action of the agency consIdenng the transaction." Va Code
§ 2.2-3101.
4 The conclusion reached ~n this oplmon ~s opposite of that reached ~n the opinion rendered to you
on February 22, 2002, and concurred In by Mr. Bryant, the Commonwealth's Attorney, because the
cancellation of the line of credit removes the conflmt
Vice-Mayor Louis R. Jones
-5-
July 1, 2003
Re: Request for Conflict of Interests Act Opinion
Please contact me should you desire any additional ~nformatlon.
Very truly yours,
Leshe L Lflley
City Attorney
Seen and Concurred:
Bryant, II1L)
Commonwealth's Attorney
LLL/RRI
-17-
ITEM # 51454
Mayor Meyera E Oberndorf called to order the INFORM~IL SESSION of the VIRGINI,4 BE,iCH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 5, 2003, at 5 05
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dim
Reeve, Ron A Vtllanueva and James L I~ood
Counctl Members Absent
Peter W Schmtdt an d Rosemary Wtlson
August 5, 2003
- 18-
ITEM # 51455
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 Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candidates for
employment, asstgnment, appotntment, promotton, performance, demotton, salaries, dtsctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1)
To Wtt Appotntments Boards and Commtsstons Beaches and Waterways Commtsston
Development Authortty
Francts Land House Board of Governors
Hampton Roads Economic Development Alhance
Hampton Roads Planntng Dtstrtct Commtsston
Parks and Recreatton Commtsston
Performtng Arts Theatre Advtsory Commtttee
Pubhc Ltbrary Board
Revtew and Allocatton Commtttee
Shore Drtve Advtsory Commtttee
Ttdewater Regtonal Group Home Commtsston
Towtng Advisory Board
Youth Servtces Coordtnattng Council
Annual Revtew of Performance of Counctl Appotntees
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a
pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng
would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to
Sectton 2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property - Beach Dtstrtct
- Rose Hall Dtstrtct
PUBLIC SAFETY Dtcusston of plans to protect pubhc safety as tt relates to terrorist acttvtty and
brtefings by staff members, legal counsel, or law-enforcmeent or emergency servtce offictals concerning
acttons taken to respond to such acttvtty or a related threat to pubhc safety pursuant to Section 2 2-3 711
(A)(20)
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl voted to proceed tnto CLOSED
SESSION.
Vottng 9-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A
Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A V~llanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt an d Rosemary Wtlson
(5:05 P.M. - 6:04 P.M. )
August 5, 2003
-19-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
August 5, 2003
6:04 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, August 5, 2003, at 6 04 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, Ron A Vtllanueva and James L Wood
Counctl Members Absent
Peter W Schmtdt
[Attendtng a Motorcycle Marathon tn
South Dakota]
Rosemary Wtlson
[Mother undergotng surgery]
INVOCATION Chaplatn Donald Statton
Chrtsttan Mtsston Fellowshtp Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 5, 2003
Item VI-E.
- 20-
CER TIFIC/I TION OF
CLOSED SESSION
ITEM # 51456
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempt from Open Meeting
requtrements by Vtrgtnta law were discussed tn Closed Sesston to which
thts certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Session were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 9-0
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,
Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM # 51455, page 18, and in accordance w~th the
prowslons ofT he Virginia Freedom of Information Act, and,
WHEREAS. Section 2 2-3 711 (A) of the Code of V~rg~ma requires a certification by the govermng
body that such Closed Session was conducted ~n conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Counml 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 d~scussed ~n Closed Session to which th~s certification resolution
apphes, and, (b) only such pubhc bus~ness matters as were ~dent~fied ~n the motion convening th~s Closed
Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council
R~th HEdges ~m~th~MMC
C~ty Clerk
August 5, 2003
- 21 -
Item VI-F. 1.
MINUTES
ITEM # 5145 7
Upon motton by Counctl Lady Eure, seconded by Counctlman Reeve, Ctty Counctl APPROVED the
Mtnutes of the INFORMAl. and FORMAl. SESSIONS of July, 8, 2003.
Vottng 9-0
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, Jim Reeve,
Ron A Vdlanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter V/Schmtdt and Rosemary l/Vtlson
August 5, 2003
- 22 -
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM it 51458
BY CONSENSUS, Cay Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 5, 2003
- 23 -
Item VI-H.I.a.
PUBLIC HE/IRING
ITEM # 51459
Mayor Oberndorf DECLARED A PUBLIC HEARING
/1GRICUL TUR/IL RESERVE PR OGR/IM 64RP)
Earl R. and Karen M. Bogda - 33. 02 acres, 32 72 Hungarian Road
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 5, 2003
- 24 -
Item VI-H.I.b.
PUBLIC HEARING
ITEM # 51460
Mayor Oberndorf DECLARED A PUBLIC HEARING
AGRICULTURAL RESERVE PROGRAM (ARP)
Samuel R. Bradley - 41.30 acres, 5612 Blackwater Road
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 5, 2003
- 25 -
Item VI-H.I.c.
RECOGNITION
ITEM # 51461
Mayor Oberndorf RECOGNIZED the followmg Boy Scout tn attendance to earn hts badge
Boy Scout Troop 481
Jason Turton
Dr. Turton
Assistant Scout Master
August 5, 2003
- 26-
Item VI-J.
ORDINANCES/RES OL UTIONS
ITEM # 51462
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd APPROVED IN ONE
MOTION Ordmances/Resoluttons la~b, 2, 3, 4, 5, 6, 7 and 10 of the CONSENTAGENDA.
Item J 10 was ADOPTED, AS REVISED, By Consent
Votmg 9-0 (By ConsenO
Councd Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron
A Vdlanueva and James L [food
Councd Members Voting Nay
None
Councd Members Absent
Peter W Schmtdt and Rosemary Wdson
Council Lady McClanan voted a VERBAL NAY on Item J. 1/afo.
August 5, 2003
Item V-J.l.afro.
ORDINANCES/RES OL UTIONS
-27-
ITEM # 51463
Upon motion by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED:
Ordtnances to AUTHORIZE the acqmsttton of Agrtcultural Reserve
Preservatton (ARP) easements and issuance of contract obhgattons
33 02 acres at 3272 Hungartan Road tn behalf of Earl R. and Karen M. Bogda
(Installment Agreement 2003-58)
41 30 acres at 5612 Blackwater Road tn behalf of Samuel R. Bradley
(Installment Agreement 2003-59
Vottng 8-1 (By ConsenO
Council Members Voting Ave
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf Jim Reeve, Ron A Vtllanueva and
James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Peter W Schmtdt and Rosemary Wilson
August 5, 2003
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $102,657
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$102,657; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
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26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.25%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.25% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
68
69
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 5th day of August 2003
, ·
70
71
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8923
arppurchase/bogda/bogdaord, wpd
R-1
June 17, 2003
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY' ~/~~
La~D~partment
APPROVED AS TO AVAILABILITY OF FUNDS:
Finance Department
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2003-58
SUMMARY OF MATERIAL TERMS
SELLER: Earl R. and Karen M. Bogda
PROPERTY LOCATION: 3272 Hungarian Road
PURCHASE PRICE: $102,657
EASEMENT AREA: 33.02 acres more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelhng sites (3 acquired, 1 reserved for
future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $179,342
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$179,342; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
46
47
48
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.25%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 6.25% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
68
69
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 5th day of August , 2003.
7O
71
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8 922
arppurchase/bradley/bradleyord.wpd
R-1
June 17, 2003
APPROVED AS TO CONTENT'
AgricUltUre' Department
APPROVED AS TO LEGAL
SUFFICIENCY: ./ !
La~ VDepartme'nt' -
APPROVED AS TO AVAILABILITY OF FUNDS'
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2003-59
SUMMARY OF MATERIAL TERMS
SELLER: Samuel R. Bradley
PROPERTY LOCATION: 5612 Blackwater Road
PURCHASE PRICE: $179,342
EASEMENT AREA: 41.30 acres more or less
DEVELOPMENT POTENTIAL: 7 s~ngle-famlly dwelling sites (5 acquired, 2 reserved for future
development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment ofpnncipal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
Item VI-J.2.
- 28-
ORDINANCES/RES OL UTIONS
ITEM # 51464
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl,4DOPTED:
Ordtnance to AUTHORIZE the City Manager to accept a Deed of
Termination from the Untted States of America (US,4) to vacate and convey
unto the Ctty the enttre Lynnhaven dredge spoil site easement together wtth
all accrettons
Votmg 9-0 (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, Jim Reeve, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ACCEPT A DEED OF TERMINATION FROM THE UNITED
STATES OF AMERICA TO VACATE THE LYNNHAVEN
DREDGE SPOIL SITE EASEMENT
WHEREAS, the Umted States of Amenca acquired an easement over
6 approximately 15 67910 acres of real property located off Shore Drive ~n the C~ty of V~rgima
Beach V~rg~ma, for sod d~sposal ~n connection w~th the Umted States Army Corps of
8 Engineers' (the "Corps") Lynnhaven Inlet Maintenance Dredging Project (the" Dredge Spoil
S~te") by deed recorded ~n Deed Book 2191, at page 1891;
l0
WHEREAS, the C~ty of V~rg~n~a Beach (the "C~ty"), w~th the concurrence of
the Corps, constructed the Lynnhaven Boat Ramp and Beach Facd~ty on the northern
port~on of the Dredge Spod S~te;
13
WHEREAS, the C~ty agreed to provide the Corps w~th an alternabve sand
15
placement s~te of equal volume to offset the Corps' loss of a port~on of the Dredge Spoil
S~te;
16
17
WHEREAS, on February 5, 2002, by Ordinance No. 2684G, the C~ty Councd
authorized the C~ty Manager to execute a deed to convey an easement to the Un~ted
18
States of America Corps for the placement of beach quality sand onto Ocean Park Beach
and to accept a deed of part~al term~nabon from the Un~ted States of America which
2 0 vacated and conveyed to the C~ty that porbon of the Dredge Spo~l S~te Easement where
2 ~. the boat ramp was constructed.;
22 WHEREAS, s~nce the adoption of the Ordinance, the Corps has determined
that it no longer needs the Dredge Spo~l Site easement and has agreed to vacate and
24 convey to the C~ty the enbre Dredge Spo~l S~te easement together w~th all accrebons; and
25
WHEREAS, the C~ty and the Corps desire to formalize the conveyance of the
26 Dredge Spod Site easement through the execution of the appropnate legal instrument
27
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
That the C~ty Manager ~s authonzed to accept the Deed of Termination from
30 the Un~ted States for the vacabon and conveyance of the Lynnhaven Dredge Spo~l S~te
31 Easement together w~th all accrebons ~n substanbally the same form as attached hereto.
32
Th~s ordinance shall be effective from the date of ~ts adopbon
33
Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the s~-h
day of August ,2003.
CA- 8933
PREPARED 06/30/03
R-1
Approved as to Content:
~ks
Approved as to Legal
Sufficiency:
City Attorney
Exempt from recording taxes
Under Section
58 1- 811(A)(3) &
58 1 - 811(C)(4)
TERMINATION DEED OF EASEMENT
LYNNHAVEN INLET BAY AND CONNECTING WATERS
VIRGINIA BEACH, VIRGINIA
TRACT NUMBER 100E-4
THIS DEED, made and entered into this ~ day of ,2003m, by and
between the UNITED STATES OF AMERICA, ("the GRANTOR"), acting by and through the Deputy
Assistant Secretary of the Army (I&H) pursuant to a delegation of authority from the SECRETARY OF
THE ARMY (the "Army"), under and pursuant to the Federal Property and Administrative Services Act
of 1949 (63 Stat 377), as amended, and the delegation of authority to the Secretary of Defense from the
Administrator of the General Services Administration (41 C F R 101-47 601) and the redelegation of
authority from the Secretary of Defense to the Secretary of the Army (20 Federal Register 7113), party
of the first part, and the City of V~rgima Beach, Virginia, ("the GRANTEE"), party of the second part:
WITNESSETH That for and in consideration of the sum of One and 00/100 DOLLAR ($1.00),
cash ~n hand paid, the receipt of which is hereby acknowledged, the Grantor does hereby REMISE,
RELEASE and FOREVER QUITCLAIM unto the Grantee, its successors and assigns, all ~ts right, title
and interest whatsoever in and to the following described property situated in Vlrgima Beach, V~rglnia.
TRACT 100E-4
ALL THAT CERTAIN tract of land together with all accreuons, lying and situate in Virginia
Beach, V~rg~ma, by perpetual easement to the United States of America and more pamcularly described
as follows
ALL THAT CERTAIN p~ece or parcel of land s~tuated in the Bays~de
Borough of the City of V~rgima Beach, Virginia, designated Lynnhaven Spoil S~te,"
Parcel "A", as shown on "PLAT Showing Property to be Acquired by the City of
Virg~ma Beach from Adin K. Woodward, George E Langley, F Wayne McLeskey,
Robert A Lawson, Jr, Nancy B. Lawson, John J Dtgges and Mary B. Dlgges, Bayside
Borough, V~rglma, Virginia," dated July 21, 1981, made by the Bureau of Surveys and
Mapping, Engineering Division, Department of Public Works, C~ty of Virginia Beach,
V~rgima, attached hereto and tncorporated here~n and recorded ~n Map Book 153, Page
41 in the Clerk's Office of the C~rcult Court of Virginia Beach, to which reference is
made for a more particular description
Being the same lands conveyed to the United States of America by easement deed dated
February 9, 1982, and recorded in the Clerk's Office of the Circuit Court of V~rginla Beach, Virginia,
in Deed Book 2191, page 1891
Prepared by' United States Army Corps of Engineers
GPIN 1489-58-9234
TO HAVE AND TO HOLD the said premises, unto the said Grantee, its successors
and assigns, forever, subject to the covenants and conditions herein set forth.
This conveyance is not subject to the requirements of Title 10, United States Code,
Section 2662
IN WITNESS WHEREOF, the GRANTOR has caused this Deed to be executed by
its duly authorized officer as of the __ day of 2003.
WITNESS:
UNITED STATES OF AMERICA
BY:
Dillard H Horton
T~tle. Chief, Real Estate Branch
Norfolk D~stnct, US Army Corps of Engineers
COMMONWEALTH OF VIRGINIA
City of Norfolk
I, the undersigned, a Notary Pubhc ~n and for the Commonwealth of Virginia, C~ty of
Norfolk, whose commission as such expires on the ~ day of ,200__, do
hereby certify that on th~s day personally appeared before me ~n the Commonwealth of V~rg~n~a,
C~ty of Norfolk, Dillard H. Horton, Chief Real Estate Branch, Norfolk Distnct, whose name ~s
s~gned to the foregoing ~nstrument and acknowledged the foregoing instrument to be h~s free act
and deed, dated the ~ day of ,2003, and acknowledged the same for
and on behalf of the UNITED STATES OF AMERICA
GIVEN UNDER MY HAND AND SEAL th~s
~day of ,2003
Notary Pubhc
!
' t
Item V-J. 3.
ORDINANCES/RES OL UTIONS
- 29-
ITEM # 51465
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd ADOPTED:
Or&nance to d UTHORIZE the Ctty Manager to execute and dehver the Joint
Powers Association Agreement re purchastng electricity and becommg a
member of the Vtrgtnta Energy Purchastng Governmental Assoctatton
(VEPGA)
Vottng 9-0 (By ConsenO
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron
A Vtllanueva and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Peter W Schmtdt and Rosemary Wdson
August 5, 2003
AN ORDINANCE APPROVING A JOINT
POWERS ASSOCIATION AGREEMENT FOR THE
PURCHASE OF ELECTRICITY
WHEREAS, the VML/VACo Virginia Power Steering Committee
5 (the "Committee",) which was comprised of representatives of the
6 City of Virginia Beach and other local governments and political
7 subdivisions of the Commonwealth, had for several decades
8 negotiated on behalf of such governmental units a standard form
9 contract for their purchase of electricity supply and delivery
10 service from Virginia Electric and Power Company ("Virginia Power")
11 as a sole source provider; and
12
WHEREAS, political subdivisions of the Commonwealth of
13 Virginia are authorized under Virginia law to exercise powers
14 jointly that they otherwise are authorized to exercise
15 independently, and the terms and conditions of such authorization
16 are set forth in Section 15.2-1300, et seq. of the Virginia Code
17 (the "Joint Powers Act"); and
18
WHEREAS, the Virginia Electric Utility Restructuring Act (the
19 "Restructuring Act") further authorizes municipalities and other
20 political subdivisions in the Commonwealth to aggregate their
21 electricity requirements for the purpose of their joint purchase of
22 such requirements from licensed suppliers, and the Restructuring
23 Act provides that such aggregation shall not require licensure as
24 an aggregator; and
25
WHEREAS, upon an advance determination by the City Council set
26 forth in writing that competitive sealed bidding and competitive
27 negotiation are not fiscally advantageous to the public, the
28 Virginia Public Procurement Act exempts from competitive sealed
29 bidding and competitive negotiation requirements the joint
30 procurement by public bodies, utilizing competitive principles, of
31 electric utility services purchase through member associations; and
32
WHEREAS, the Committee recommends that the aggregation and
33 procurement of electric supply, electric delivery, and other
34 energy-related services ("Energy Services") be effectuated as
35 provided in the Joint Powers Association Agreement (the "Joint
36
Powers Agreement,"), a copy of which has been provided to each
37 member of the City Council and placed on file in the City Clerk's
38 Office, and a summary of the material terms of which is attached to
39 this Ordinance, in accordance with applicable provisions of the
40 Procurement Act, such as the utilization of competitive principles
41 pursuant to an exemption from the Requirements; and
42
WHEREAS, the Joint Powers Agreement contemplates that other
43 services provided by the Committee to its members be effectuated,
44 such services consisting of (i) assistance in implementing standard
45 form contracts for the purchase of services from incumbent
46 electricity utilities (ii) education of members regarding
47 electricity procurement issues, (iii) monitoring of legal and
48 regulatory developments affecting the provision of electricity
49 service to local governments, and (iv) hiring of consultants and
50 legal counsel to assist in its provisions of the foregoing services
51 ("Steering Committee Services"); and
52
WHEREAS, it appearing to the City Council that the joint
53 procurement of the Energy Services pursuant to the Joint Powers
54 Agreement is otherwise in the best interests of the City of
55 Virginia Beach;
56
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
57 VIRGINIA BEACH, VIRGINIA:
58
59
60
61
(1) That the City Council hereby finds that competitive
sealed bidding and competitive negotiation for the procurement of
Energy Services are not fiscally advantageous to the public because
the procurement process for Energy Services must be flexible enough
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
to respond to quickly changing market conditions in which energy
prices can fluctuate considerably on a daily or even hourly basis;
(2) That the Joint Powers Agreement and the performance of
the terms and conditions thereof on behalf of the City of Virginia
Beach are hereby authorized and approved; and
(3) That the City Manager is hereby authorized and directed
to execute and deliver the Joint Powers Agreement on behalf of the
City of Virginia Beach in substantially the form presented to the
City Council at this meeting.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the payment obligations of the City pursuant to the
provisions hereof and the Joint Powers Agreement shall be subject
to annual appropriation of requisite funds therefor by the City
Council.
77
78
Adopted by the Council of the City of Virginia Beach, Virginia
on the 5th day of August , 2003.
CA-8377
wmm/ordres/JPA ordin.wpd
R-2 - July 3, 2003
APPROVED AS TO CONTENT:
Publi~ W~rks Department
APPROVED AS TO LEGAL
SUFFICI, ENC.Y:
Cit9 -A~torney" s OYffce
VIRGINIA ENERGY PURCHASING GOVERNMENTAL ASSOCIATION
JOINT POWERS AGREEMENT
SUMMARY OF MATERIAL TERMS
Organization: Virginia Energy Purchasing Govemmental Association (VEPGA)
(formerly VML/VACo V~rginia Power Steering Committee)
Purpose:
Joint Powers Association Agreement for V~rginia localities to aggregate purchase of
electricity in a competitive market and thereby reahze benefits of volume purchases
Functions:
VEPGA develops bid package for purchase of electricity
VEPGA Board reviews bids and awards contracts on behalf of the VEPGA
members
Member agencies are bound by the decisions of the VEPGA Board
Member agencies pay invoices for electricity
Virginia Power continues as default supplier of electricity ~fcontractor cannot
fulfill its obligations
Member agencies are not liable for payment of any charges incurred by other
member agencies
Member agencies may withdraw on July 1 of any year after providing written
notification to the Board by March 1
Benefits:
Quantity purchase should reduce price to all members
Regulatory and legislation monitonng and reporting to members
Ongoing analysis of fuel costs (fuel adjustment clause allows costs to be
passed on to customer)
Momtonng and reporting developments ~n other states regarding competitive
purchase of electricity
Ongoing assistance w~th member localities w~th contract interpretation and
service issues
Cost:
FY2003-04 assessment of $11,576; future assessments anticipated to be a s~milar
amount
Virginia Energy Purchasing Governmental Association
Frequently Asked Questions
About VEPGA (1 to 4)
Joining VEPGA (5 to 7)
Fees for Participating m VEPGA (8 to 9)
Conduct of VEPGA Business (10 to 14)
Procurement by VEPGA (15 to 20)
Evaluation of Jmnt Procurement for Competitive Electnmty Purchases (21 to 24)
Quality of Service Offered by Competmve Electricity Supphers (25 and 26)
Virginia Power's Role (27 and 28)
Enrollment Materials (29)
Add~tmnal Questions (30)
P O Box 12164
R~chmond, VA 23241
(804) 643-0274
Fax - (804) 643-0351
About VEPGA
1 What is VEPGA9
VEPGA is the Vlrglma Energy Purchasing Governmental Association VEPGA 1s
forming March l, 2002 utlhzlng a Joint Powers Assocmtmn Agreement ("JPA
Agreement") as provided by V~rglma statute VEPGA will, on behalf of its members,
negotiate for power generation VEPGA will also take over the functions h~stoncally
provided by the VML/VACo Virginia Power Steenng Committee, which will include
oversight of the current agreement with Dominion Virginia Power, future negotiations
w~th Domlmon Vlrg~ma Power for dlstrlbutlon rates and terms and condlt~ons of serwce,
momtonng of legislative and regulatory developments and other energy related functions
as outlined in VEPGA's Bylaws
2 Who are VEPGA Members?
Members are the governmental ent~t~es that approve the JPA Agreement by ordinance or
resolution Their authorized representatives will s~gn the JPA Agreement on their behalf
3 Who makes decls~ons on behalf of VEPGA?
VEPGA ~s govemed by its Board, which ~s assisted by the advice of consultants and legal
counsel and the officers of VEPGA, who are Paul Proto from Henrlco County, Steve
S~nclmr from Fmrfax County, and Steve Craig from the V~rglnla Municipal League The
Board, with the advice and consultation of its consultants and legal counsel, ~s
responsible for procunng b~ds for electric generation supply, evaluating such b~ds, and
approwng the award of the contract(s) based on such bids
4 Why should our entltyjo~n VEPGA9
First, should deregulation result ~n the oppormmty for savings, large volume consumers
are hkely to realize the greatest benefit Simply put, there is strength m numbers The
combined annual usage of pubhc entlt~es ~n the Dominion Vlrglma Power territory
exceeds 3 7 bflhon kalowatt-hours
Page 2 of 5
Second, as electric deregulation evolves, local governments will be obligated to
competitively procure electric generation This type of procurement requires specialized
expertise that few local governments have in-house Should your locality not have this
expertise in-house, you will have to contract with a vendor to provide such expertise If
you consider that cost compared with your VEPGA assessment, you will likely find it is
much more economical to participate in VEPGA
Joining VEPGA
5 Must a local government approve the JPA Agreement by ordinance/resolution?
Yes Since the JPA Agreement is being undertaken pursuant to the Joint Powers Act, the
JPA Agreement must be approved by ordinance by counties, cities and towns and by
resolution by other poht~cal subdivisions
Must a local government find that competitive sealed bidding and competitive negotiation are not
fiscally advantageous to the pubhc9
Yes, in order to take advantage of the exemption from competitive sealed
bidding/competitive negotiation afforded by Section 2 2-4345 A 13 of the Public
Procurement Act This finding is included in the sample JPA resolution/ordinance
included with the JPA materials
7 Can staff of a locality sign the JPA Agreement without the approval of its board9
No The JPA Agreement must be approved by an ordinance adopted by counties, cities
and towns and by a resolution adopted by other political subdivisions
Fees for Participating in VEPGA
8 What are the fees for participating ~n VEPGA9
The assessment represents your entlty's pro-rata share of the total assessment based on
your pro-rata kdowatt-hour usage compared to total usage subject to a $25 minimum
9 How is the total assessment determined?
A work plan and budget based on the expected activity of the Association for the 12-
month period beginning July 1st is developed annually The budget for 2003-04 is
$188,500 By way of comparison, local governments in the Dominion Virginia Power
territory spend in excess of $230 million annually for electric power
Conduct of VEPGA Business
10 How were the initial VEPGA Board members selected9
Imtlal board members were selected from among local govemments that actively
participate m the VML/VACo Vlrglma Power Steering Committee process School
districts represent approximately one-third of the total usage of local governments served
by Vlrglma Power, and approximately one-third of the initial board members serve as
representatives of school districts The board members will serve staggered terms as
shown on Schedule A of the JPA Agreement As their terms expire, the Members will re-
elect these board members or choose new Board members to serve three-year terms
Page 3 of 5
11 Why is the maximum size of the VEPGA Board hmlted to fifteen?
The mammum s~ze of the VEPGA Board is llnnted to fifteen solely for ease of
adm~mstratlon A larger board (such as one composed of representatives from all
VEPGA members) would require a larger quorum and make it more difficult for the
board to conduct business Although formal votes by the VEPGA Board will be hmlted
to VEPGA Board members present at a meeting in whmh a quorum is present,
representatives of all VEPGA members are encouraged to attend board meetings and
partmipate ~n the discussion of Issues being considered by the VEPGA Board
12 What costs are VEPGA members responsible for9
VEPGA members are responsible for an annual assessment based upon annual energy
consumption and for fees associated with any optional VEPGA activities that VEPGA
members may choose to partm~pate in VEPGA members are also responsible for
payments due under any contract w~th a competitive servme provider to service that
member's accounts
13 Can VEPGA expand Its authority on its own9
The JPA Agreement and the JPA bylaws establish the authority of VEPGA Any
revision of the JPA Agreement would require the agreement of all Members A two-
thirds vote of the entire Board or a two-th~rds vote of all the Members may amend the
JPA Bylaws
14 What ~s the planned scope of duties and responsibilities of VEPGA members?
Once VEPGA members have executed the JPA Agreement, their ongoing obhgatlons will
be the payment of annual assessments and the elect~on of the Board at annual meetings
Procurement by VEPGA
15
Will joint procurement be undertaken pursuant to competitive sealed blddlng/competlt~ve
negotmtlon requirements of Pubhc Procurement Act?
It is expected that the joint procurement process will be exempt from the competitive
sealed b~ddlng/competitive negotiation reqmrements of the Pubhc Procurement Act
pursuant to the exemption afforded by Section 2 2-4345 A 13 of the Procurement Act
The JPA Agreement estabhshes a membership association to conduct the joint
procurement pursuant to such exemption
16 Will competitive principles be employed ~n the procurement?
Yes Competitive pnnclples are required to be utilized pursuant to the exemption
afforded by Section 2 2-4345 A 13 of the Procurement Act, and the procurement process
to be authorized by the VEPGA Board will be based on competitive principles
17 On what basis will the winning suppher(s) be selected9
Suppliers will be selected based on their quahficatlons and the price savings they offer, as
described in more detail in Section 2 of the JPA bylaws
Page 4 of 5
18 Is VEPGA authorazed to execute contracts on behalf of its Members9
Yes The JPA Agreement and the Bylaws permit the Chair or Vace Chair of VEPGA to
execute on behalf of a VEPGA member one or more contracts for electricity generataon
services
19 Who will be obhgated to pay andlvldual bills correspondang to each account9
The same entaty that pays the bills now will be obhgated to pay the bill in the future
There will be no obligation on behalf of one VEPGA member to pay the electric balls of
another VEPGA member
20 Is the payment oblagatlon subject to annual approprlataon9
Yes
Evaluation of Joint Procurement for Competitive Electricity Purchases
21
Can a local govemment achieve similar results by purchasing electricity competitively on its own
rather than jolnang VEPGA9
It 1s possable, but unlakely, that a local government could achieve slmalar savings by
purchasing electricity competitively on ars own Smaller unaggregated accounts are
hkely to get higher prace bids due to increased transactaon costs for compet~tave supplaers
and due to the suppliers' lnabllaty to take advantage of potentially better load profiles
offered by a larger aggregation of accounts In addition, using joant procurement permits
consultant's fees and legal fees to be spread out over a larger group Having expertise an
evaluatang bids may be partacularly helpful due to the currently volatile and evolvang
nature of the market for competatlve electricity supply
22 Are savings guaranteed to VEPGA members9
No Savings depend upon whether competitive electrlcaty supplaers can beat the
shopping credat, whmh is based on the Varganaa State Corporation Commlssaon's estimate
of what future market prices wall be The shopping credat is the amount not paid to
Varglma Power when the supply as purchased from a competitive supplier Pamcapatlng
an VEPGA should make at more leasable for local governments to realize any available
savangs that the competitive electncaty market can offer However, af actual market
prices are higher than the shopping credit, then competatave electricaty supplaers wall not
be able to offer savings
23 Is partlcapatlon an VEPGA required9
No Local governments do not have to participate in VEPGA to procure electricity
competltavely
24 What as the amount of savings, if any, envisioned by partacapatlng in VEPGA9
The amount of potential savings between now and 2007 is not known In the local
government pilot program, savings ranged from 3% to 33% wath average savings
exceeding 5% of the amount that would otherwise be paid to Varglnaa Power In 2007,
capped rates wall be elamlnated and rates will be establashed through competatave
procurement It is reasonable to assume that the purchasang power of a large group of
users will yaeld better rates than a sangle user
Page 5 of 5
Quality of Service Offered by Competitive Electricity Suppliers
25
Will the winning suppher(s) be required to guarantee power quality and rehabd~ty equal to or
greater than existing guarantees from Virginia Power?
Yes
26
What is the risk with regard to reliability and quality of power being supplied by a non-Virginia
Power suppher9
The electricity will still be delivered through Virginia Power's transmission and
distribution lines as well as its other distribution famhtles, including the existing
customer meter Nothing will change with respect to the rehabdlty of such transmission
and distribution service, so there should not be any greater risk as to reliability and
quahty as a result of purchasing from a non-Virginia Power generation supplier
Virginia Power's Role
27
Does the elecmclty supply service agreement with Virginia Power, which is effective as of July 1,
2000, address retail access?
Yes In the agreement that was negotiated by the VML/VACo Virginia Power Steering
Committee and finalized in July of 2001, to be effective as of July 1, 2000, Virginia
Power has agreed to permit retail access on terms that are similar to the tertns offered to
its jurisdictional customers Local governments have the right to remain on capped rate
service through June 30, 2007, or (subJect to a phase-in period over 2002), local
governments may purchase electricity supply from competitive suppliers' providers
between 2002 and 2007 All accounts may freely go back and forth between capped rate
service and retail access service, except for larger accounts with an annual peak demand
of 500 kW or greater If these larger accounts purchase from competmve supphers and
then decide to return to capped rate service, they will have to stay on Virginia Power's
capped rate service for a minimum of one year before they can purchase from
competitive suppliers again
28
Will there be any risk that Virginia Power will not service an account that has been dropped by a
competitive service provlder9
Virginia Power will be obligated to supply a returning customer upon the same terms as
if the returning customer had not taken supply from a competitive service provider The
risk of entenng into a supply contract with a non-Virginia Power supplier is not the risk
of whether "the lights will stay on," but, rather, whether the supplier will walk away from
the contractual obligation to provide the electricity at the agreed upon price The joint
procurement documentation will include requirements related to the obligation of the
proposer to honor its commitment as to price
Additional Questions
29 Where can I get VEPGA enrollment
matenals'~
Ms Sarah Laumer
Virginia Municipal League
15 E Franklin Street (23219)
P O Box 12164 (23241)
Richmond, Virginia
Phone 804 643 0274
Fax 804 643-0351
Emad slaumer~,vml org
30
Who can answer addltmnal questions
about VEPGA9
Mr P Steven Craig
Virginia Municipal League
15 E Franklin Street (23219)
P O Box 12164 (23241)
Richmond, Virginia
Phone 804 643 0274
Fax 804 643-0351
Emad scraig(c__)vml org
- 30-
Item VI-J. 4.
ORDINANCES/RES OL UTIONS
ITEM # 51466
Upon motton by Counctlman Reeve, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE the Ctty Manager to execute a Consent to the
Asstgnment of lngenco's rights and obhgattons to MERCANTILE under The
Amended Landfill Gas Sale Agreement re gas recovery system at Landfill IL
Vottng 9-0 (By ConsenO
Counctl Members l/ottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron
A Vtllanueva and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
ORDINANCE NO.
AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A CONSENT TO THE
ASSIGNMENT OF INGENCO'S RIGHTS AND
OBLIGATIONS UNDER THE AMENDED
LANDFILL GAS SALE AGREEMENT BETWEEN
THE CITY, VB LFG L.L.C., AND INGENCO
10
11
12
13
14
15
16
17
18
19
20
21
22
23
WHEREAS, Industrial Power Generating Corporation ("INGENCO") has operated
the landfill gas recovery system under the Amended Landfill Gas Sale Agreement (the "LFG
Agreement") at the landfill owned and operated by the City at 1989 Jake Sears Road, Virginia
Beach, Virginia ("Landfill II") since January 23, 2001;
WHEREAS, INGENCO currently finances Its operations through a loan with
Wachovia Bank, N.A.;
WHEREAS, INGENCO desires to obtain a lower interest rate by refinancing its
existing loan with Wachovla, and Mercantile-Safe Deposit and Trust Company, a Maryland banking
association ("Mercantile"), will agree to make a loan or loans (collectively, the "Loan") to
INGENCO to effect the refinancing;
WHEREAS, as a condition of making the Loan, INGENCO has agreed to assign to
Mercantile all ofINGENCO's right, title and interest in the LFG Agreement;
WHEREAS, pursuant to Section 13.1.(a) of the LFG Agreement, INGENCO is
required to obtain the City's consent to any assignment of rights; and
WHEREAS, the City staff has determined that consent to the assignment of
INGENCO's rights and obhgatlons under the terms and conditions set forth in the attached Summary
of Terms is appropriate and not detrimental to the Interests of the City in that, tnter alta, the services
24
25
26
27
28
29
30
31
to be performed by INGENCO or any approved assignee will assist in meeting the requirement of
the Virginia Department of Environmental Quahty for a gas management plan at Landfill II.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the consent to the assignment of INGENCO's rights and obligations under the
LFG Agreement by INGENCO to Mercantile ~s hereby approved, and the City Manager or his
designee is hereby authorized to execute such consent in accordance w~th the Summary of Terms
attached hereto.
32
33
34
35
36
37
38
August, 2003.
ADOPTED by the Council of the C~ty of V~rginia Beach, Virginia, on the 5th day of
CA-8937
07/17/2003
R-2
F \Users\VValldej\WpkBza\~ngencoass~gn2 ord wpd
OWNER:
ASSIGNOR:
ASSIGNEE:
TERM:
SUMMARY OF TERMS
ASSIGNMENT OF INGENCO'S RIGHTS
UNDER THE LANDFILL GAS SALES
AGREEMENT AT LANDFILL II
City of Virginia Beach
INGENCO, a Virginia corporation.
Mercantile-Safe Deposit and Trust Company, a Maryland bankang association
December 31, 1996 - December 31, 2011
CONDITIONS OF CONSENT TO ASSIGNMENT:
In the event of INGENCO' s default under the Loan with Mercantile and upon
receipt of written notice by Mercantile of such default, the City will continue
performance of the LFG Agreement, provided that (i) any subsequent
assignment by Mercantile is approved in writing by the City; (ii) Mercantile
or any approved assignee shall assume in writing all of INGENCO's
obligations, covenants, and agreement under the LFG Agreement; and (iii)
the City shall be reimbursed for any costs incurred by its performance in
accordance with the terms of the LFG Agreement.
City agrees to notify Mercantile in the event of INGENCO' s default under the
LFG Agreement and to allow Mercantile or an approved assignee to cure the
default in within 60 days or any agreed upon time period if the default is
other than the payment of money which cannot with due diligence be cured
within the 60 day time period.
RIGHTS AND RESPONSIBILITIES
OF INGENCO UNDER THE LFG
AGREEMENT:
Operation, maintenance and repair of the LFG processing facility.
Improvement of the existing 12,000 square foot building and installation of
noise abatement equipment such as mufflers, insulation, noise barrier walls
and landscaping.
Production of electricity for wheeling to customers throughout the United
States
INGENCO will be liable directly to and will indemnify the City for any and
all llabihtles and environmental conditions and/or liabilities created at
Landfill II by INGENCO and/or resulting from the LFG processing facility.
Additionally, INGENCO will secure and maintain all insurance policies and
coverages required under the LFG Agreement.
RIGHTS AND RESPONSIBILITIES
VIRGINIA BEACH:
The Department of Public Works Waste Management Division will monitor
the operation of the LFG processing facility and all operations at Landfill I1
to ensure compliance with the LFG Agreement and compliance with the
requirements of the Virginia Department of Environmental Quality.
F \UsersWValldel\Wl~BZAhngencoass~gn2 sum wpd
-31 -
Item VI-J. 5.
ORDINANCES/RES OL UTIONS
ITEM # 51467
Upon motton by Vtce Mayor clones, seconded by Councilman Reeve, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $506,599 grant from the U S,
Transportatton Securtty Admmtstratton re replacement of some current marine
patrol boats, related equipment and addtttonal trammg of the marine patrol
unit for the Pohce Department
Vottng 9-0 (By ConsenO
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rwhard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$506,599 FROM THE U. S. TRANSPORTATION
SECURITY ADMINISTRATION TO THE POLICE
DEPARTMENT'S FY 2003-04 OPERATING BUDGET TO
PURCHASE REPLACEMENT EQUIPMENT AND PROVIDE
TRAINING FOR THE MARINE PATROL UNIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
That $506,599 in grant funds is hereby accepted from
11
the U. S. Transportation Security Administration and
12
appropriated to the Police Department's FY 2003-04 Operating
13
Budget to purchase equipment replacements and training for
14
the Marine Patrol Unit, with federal revenue increased
15 accordingly.
16
Adopted by the Council of the City of Virginia Beach,
17 Virginia on the ~ day of ~qlL~_~, 2003.
18
19 CA8964
20 Data/aty/ordin/noncode/Marine Patrol ORD
21 R-2
22 July 23, 2003
23
Approved as to Content
Department of Management Services
Approved as to Legal
Sufficiency
Department~ o~E[~ / v
Statement of Work
Transportation Security Administration Grant # DTSA20-03-G-01057
Virginia Beach Police Port Security Initiative
The TSA Port Security Grant awarded the City of Virginia Beach $506,599.00 to
increase the Police Departmem's Marine Unit operational preparedness level. This in
turn would increase the overall security level of the Port of Hampton Roads. The Grant
requires the VA Beach Police Department to use $400,599 of the grant funds to purchase
3 vessels, which would upgrade currem VA Beach Police vessel capabilities. The Grant
also allocates and additional $106,000 for the purchase of Marine Equipment.
The Departmem will seek to buy 3 additional vessels that will increase the response
capabilities of the marine unit. Two 27-29 foot vessels and one 30 foot plus vessel will
be sought that are law enforcement proven and capable of responding to incidems in all
types of weather in a safe and rapid manner.
The Marine and Dive unit will use the $106,000 to purchase equipmem that will increase
the respective units ability and capability in performing operations. Dive equipment will
be upgraded from recreational dive equipment to professional/commercial grade
equipment. Equipment upgrades include such items as dry suites, full-face
communication masks, dive lights. The cost to upgrade a singe diver will be about
$5,000 with 8 divers being upgraded for a total of $40,000. Other dive equipment to be
purchased includes high-powered searchlights, two digital underwater cameras, 2
underwater metal detectors; several lif~ bags (capable of lit~ing 8,0001bs), and tank racks
for marine vessels. These items have a combined cost of $15,000 to $20,000. The
Marine unit will purchase one portable side scan sonar unit at a cost of $20,000. Two
night vision binoculars and 3 EPIRBs will also be purchased for the marine unit at a cost
of $10,000. Each marine unit officers will also have equipment upgrades, to include foul
weather gear, auto inflating life jackets, stainless steel shotguns, safety helmets, and web
gear for their duty weapons. Upgrades will cost about $1,600 an officer, at 10 officers
this will cost about $16,000. Any additional funds that remain will be used to purchase
equipment that the marine or dive unit could use to increase their perspective units
operational preparedness level and capability.
July 14, 2003
Re Transportabon Security Administration Grant No. DTSA20-03-G-01057
Dear Mr. Spiess
The Review Boards have completed their evaluabon of applicabons submitted under the
Transportation Security Administration's (TSA) Broad Agency Announcement for Round 2 of
the Port Security Grants (PSG) Program. As a result, you have been selected for award
under this announcement. Your total awarded amount for the twelve-month project period is
$506,599.00.
You are herein authorized by the TSA Grants Officer to commence work on the project(s) for
which you have been selected. Expenditure of funds may not exceed 30% of the funded
amount prior to negotiation and definitization of changes to terms and conditions under your
original application. Negotiations are scheduled to be completed within ninety (90) days after
the award effective date.
Your award can be located at the PSG Round 2 website at
(h_ttps/t_www__.port_s_ecur~tyg~:ant~_do_ttsa.net/). The assistance award with the terms and
cond~bons and other requwed forms are available on the PSG website where all requested
~nformation must be provided electronically. Although funding is being provided with the initial
award, negotiations to finalize the statement of work, budget, and other terms and conditions
will be conducted after award. You are required to complete this information as soon as
possible in order that we can finish the final negotiation process within the allotted time frame.
The web maintenance team will send you an e-mail informing you on how to access these
documents.
The TSA assumes acceptance ~f no response is received within two days of this award notice.
You must confirm acceptance of each project awarded to you under the subject grant by
chcking on the "Accept" button under Award Letter Link on the Award Information Page. You
are further required to provide the primary point-of-contact (POC) authorized to negotiate the
final SOW, budget, and other terms and conditions with the TSA. Please provide the name,
title, phone and fax numbers, and e-mad address of this POC
In the interest of time, please provide or update the ~nformation contained ~n your original
applicabon by completing and submitting the following documentation using the
corresponding links on the PSG Round 2 website within 30 days:
1 a m~lestone schedule,
2 SF 424, "Application for Federal Assistance";
3. the applicable budget pages (SF 424A, "Budget Informabon - Non-
construction Programs," and/or SF 424C, "Budget Informabon - Construcbon
Programs"),
4 the apphcable assurances not yet completed (SF LLL, "D~sclosure of
Lobbying Actw~bes)"
5 ~nformabon pertaining to your purchasing system in accordance w~th the
applicable OMB c~rcular;
6 a rewsed or updated statement of work reflecbng the TSA total award amount;
https//mail.vbgov com/servlet/webacc/nyrkQdipmg~i/GWAP/HREF/?action=Attachment . 7/14/2003
llttlJb //111¢111 vt~U¥ ~UlII - lllt~;llt tU I 11110 la~;tt~31 l'dg{~ /~ 01- Z
7 the date of your last audit and the organ~zabon that performed the audit
0ncluding audit organ~zabon's POC and phone number), and
8. SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form," ~f not
already completed and faxed to the TSA Payment Center.
AddWonally, please forward to me wa email the name, emafl address, and telephone and fax
numbers of the project contact, ~f someone other than yourself, for each project. Please refer
to your grant number ~n the subject I~ne and each project number and btle w~th~n the text of
your message
Congratulabons! TSA looks forward to working w~th you on the PSG Program If you have any
questions, please submit them on the PSG website or contact the Grants Officer assigned to
your award
S~ncerely,
Award
Dawd L. Batcheller
Grants Officer
dawd.batcheller@dhs.gov
https//mail vbgov com/servlet/webacc/nyrkQd~pmgAi/GWAP/HREF/?act~on=Attachment 7/14/2003
- 32 -
Item VI-J. 6.
ORDINANCES/RES OL UTIONS
ITEM # 51468
Upon motton by Vice Mayor Jones, seconded by Councilman Reeve, City Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $243,05 7 grant from the U S
Department of Justtce re equtpment to address tactical rescue and hazardous
materials events for the Ftre Department
Vottng 9-0 (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, Ron
A Vdlanueva and James L Wood
Counctl Members Voting Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$243,057 FROM THE U. S. DEPARTMENT OF JUSTICE
TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING
BUDGET TO PURCHASE TACTICAL AND HAZARDOUS
RESPONSE EQUIPMENT FOR THE VIRGINIA BEACH AND
CHESAPEAKE FIRE DEPARTMENTS
WHEREAS, the U. S. Department of Justice has awarded the
9 City of Virginia Beach a $243,057 grant to purchase tactical and
10 hazardous response equipment, and the terms of the grant provide
11 that $124,220 of the grant-funded equipment is intended for the
12 City of Chesapeake.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 1. That $243,057 in grant funds is hereby accepted from
16 the U.S. Department of Justice and appropriated to the Fire
17 Department's FY 2003-04 Operating Budget to purchase tactical and
18 hazardous response equipment for the Virginia Beach and
19 Chesapeake Fire Departments, with federal revenue increased
20 accordingly.
21 2. The Fire Department is hereby authorized to provide the
22 City of Chesapeake with equipment purchased using $124,220 of
23 these grant funds, which were awarded by the Department of
24 Justice on behalf of the City of Chesapeake.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia on the 5th day ofAugust , 2003.
27 CA-8962
28 Data/aty/ordin/noncode/DOJ Fire Equipment Grant. ORD
29 R-6
30 July 25, 2003
31
Approved as to Content
Department of M
Services
Approved as to Legal
Sufficiency
Department of Justice Cooperative Grant with the City of Chesapeake
The cooperative grant was chosen to facilitate building each jurisdiction's
capabilities in both hazardous materials and technical rescue, while enhancing
regional response assets and capabilities. Both cities are members of the Regional
Hazardous Materials Response Team as well as the Tidewater Regional Technical
Rescue Team. The guidelines of this particular grant program restricted each
jurisdiction to one application in each of two categories-regional and individual
grants. By applying for the regional grant with Chesapeake, we were able to
purchase needed equipment to support local/regional response teams and left the
individual grant for the VB Police department to purchase equipment for
individual department/city use.
Va. Beach will manage all funds. No money will be turned over to Chesapeake.
All purchases will be made by Va. Beach in accordance with local and state
procurement rules and regulations. This will allow for total control and assurance
that all purchases will be made within grant guidelines and regulations and insure
records will be available for the required three years for audit purposes.
A letter has been drafted for to Chief Best with Chesapeake Fire Department
detailing the procurement process that will be followed and responsibilities
required of them in areas such as record keeping, disposition of equipment and
long-term maintenance. Va. Beach will not assume ANY liability for long-term
maintenance costs of any equipment purchased for Chesapeake.
· This grant is for purchase of equipment only. No personnel, construction or
motorized vehicles are allowed within the grant guidelines.
VA. Beach will be purchasing an assortment of heavy rescue equipment
such as a Hurst Tool ("Jaws of Life") and all attachments, air bags for
litting, and rope rescue devices. Also designated for purchase are fully
encapsulating suits, respiratory protective equipment, and mass
decontamination equipment and monitoring/detection devices for the
Hazardous Materials Team to support Weapons of Mass Destruction
(WMD) preparedness. Total: $118,837.
Chesapeake equipment designated in this grant include a wide assortment
of heavy/technical rescue tools such as saws, drills, hydraulic tools,
cutting torches, and rope rescue devices. Also included in their portion is
a confined space search camera package as well as a trailer to transport
this new equipment. Total: $124,220.
· The performance period is from the formal acceptance date by City Council-
August 5, 2003 to July 31, 2004.
COMMONWEALTH of VIRQINIA
MICHAEL M CLINE
State Coordinator
JANET L CLEMENTS
Deputy Coordinator
L RALPH JONES, JR
Deputy Coordinator
Mr James K Spore
C~ty Manager
C~ty of V;rg~ma Beach
Mumc~pal Center Budding, #1
V~rg~n~a Beach, V~rg~ma 23456
Department of Emergency Management
July 8, 2003
i
10501 Trade Court
R~chmond, V~rg~ma 23236-3713
(804) 897-6500
(TDD) 674-2417
FAX (804) 897-6506
JUL - 9 2003
Dear Mr Spore
We are pleased to ~nform you that your apphcat~ons for both the Individual and Cooperative projects under
the Off~ce of Domestic Preparedness (ODP) Eqmpment Program Compebt,ve Sub-Grant process have been
approved for funding Your apphcabons were selected from among 80 apphcat~ons received by the V~rg~ma
Department of Emergency Management (VDEM) The amounts funded for the Ind~wdual and Cooperabve
projects submitted were $100,000 and $243,056 26, respecbvely Please see the attachment for further
~nformat~on on the breakdown of the funds by grant year
To receive your funds you wdl need to complete the attached forms These forms ~nclude a Certification
that the funds wdl be expended ~n substantial conformance w~th your apphcabons and ~n conformance w~th the
ODP restncbons on these funds. Th~s certification must be completed and sent to VDEM before we can transfer
the funds to you The apphcable restrictions (attached) on the funding are dependent upon which year's funds are
being used for which specific purchase Also ~ncluded ~s an Equipment Budget Detad Worksheet Th~s worksheet
may be useful for you to keep track of your purchases of ehg~ble eqmpment
The eqmpment must be purchased before the close of the grant period--July 31, 2004 You must also
prowde ewdence to VDEM by the close-out date ~n the form of receipts or ~nvo~ces that only eligible eqmpment
was purchased w~th these funds In addition, you must document the benefits of the eqmpment purchased using
the performance measures ~dent~fled ~n your applications The evaluation using these performance measures
must a~so De received by VDEM by July 31,2004
Congratulations on your grant awards We look forward to working w~th you as we ~mprove V~rgm~a's
capabd~t~es to respond to terrorist incidents If you have any questions, please call Juhan Gdman at
804-897-6500
S~ncerely,
MMC/bab
M~chael M Chne
Attachments
c Chief Alfred Jacocks, Jr
Chief Gregory B Cade
"Working to Protect People, Property and Our Communtttes"
- 33 -
Item VI-J. 7.
ORDINANCES/RES OL UTIONS
ITEM # 51469
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $100,000 grant from the U S
Department of Justtce, and, TRANSFER $5,000 re hazardous incident robot
to address multtple threats, (such as explosives handhng, tncendtary devtces,
weapons of mass destructton, btologtcal and chemtcal weapons), to enhance the
level of safety for emergency responders and the local ctttzens
Votmg 9-0 (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, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wdson
August 5, 2003
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$100,000 FROM THE U. S. DEPARTMENT OF JUSTICE
TO THE POLICE DEPARTMENT'S FY 2003-04
OPERATING BUDGET AND TRANSFER $5,000 WITHIN
THE POLICE DEPARTMENT'S FY 2003-04 OPERATING
BUDGET TO PURCHASE A HAZARDOUS INCIDENT ROBOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10 1. That $100,000 in grant funds is hereby accepted from
11 the U. S. Department of Justice and appropriated to the
12 Police Department's FY 2003-04 Operating Budget, to
13 purchase a hazardous incident robot, with federal
14 revenue increased accordingly.
15 2. That $5,000 is hereby transferred within the Police
16 Department's FY 2003-04 Operating Budget to cover the
17 full cost of the robot.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia on the 5th day of August, 2003.
20 CA-8961
21 Data/Aty/Ordin/Noncode/DOJ robot.ORD
22 R-3
23 July 23, 2003
24
25
Approved as to Content
Department of
Services
Approved as to Legal
Sufficiency
Department o~ Law v
COMMONWEALTH o[ V R( INIA
MICHAEL M CLINE
State Coordinator
JANET L CLEMENTS
Deputy Coordinator
L RALPH JONES, JR
Deputy Coordinator
Mr James K Spore
C~ty Manager
C~ty of V;rg~ma Beach
Municipal Center Building, #1
V~rg~ma Beach, V~rg~n~a 23456
Dear Mr Spore
Department of Emergency Management
July 8, 2003
JUL
- 9 2003
10501 Trade Court
RIchmond, V~rgm~a 23236-3713
(804) 897-6500
(TDD) 674-2417
FAX (804) 897-6506
We are pleased to reform you that your apphcabons for both the Individual and Cooperabve projects under
the Office of Domesbc Preparedness (ODP) Eqmpment Program Compebbve Sub-Grant process have been
approved for funding Your apphcabons were selected from among 80 apphcabons received by the V~rgm~a
Department of Emergency Management (VDEM) The amounts funded for the Individual and Cooperabve
projects submitted were $100,000 and $243,056 26, respecbvely Please see the attachment for further
mformat~on on the breakdown of the funds by grant year
To receive your funds you wdl need to complete the attached forms These forms include a Cert~flcabon
that the funds will be expended ~n substantial conformance with your apphcabons and ~n conformance with the
ODP restncbons on these funds Th~s certff~cabon must be completed and sent to VDEM before we can transfer
the funds to you The apphcable restncbons (attached) on the funding are dependent upon which year's funds are
being used for which specific purchase Also ~ncluded ~s an Equipment Budget Detail Worksheet This worksheet
may be useful for you to keep track of your purchases of ehg~ble equipment
The equipment must be purchased before the close of the grant period--July 31,2004 You must also
prowde ewdence to VDEM by the close-out date ~n the form of receipts or invoices that only ehg~ble equipment
was purchased w}th these funds In addition, you must document the benefits of the eqmpment purchased using
the performance measures ~denbfled ~n your appl~cabons The evaluation using these performance measures
must also be received by VDEM by July 31,2004
Congratulabons on your grant awards We look forward to working w~th you as we ~mprove V~rg~ma's
capab~hbes to respond to terrorist ~nc~dents If you have any quesbons, please call Juhan Gdman at
804-897-6500
S~ncerely,
MMC/bab
M~chael M Chne
Attachments
c Chief Alfred Jacocks, Jr
Chief Gregory B Cade
"Worktng to Protect People, Property and Our Communtt~es"
- 34-
Item
ORDINANCES/RES OL UTIONS
ITEM # 51470
Barbara Messner, Post Office Box 514, Phone 422-1902, expressed concerns relatsve the number of golf
courses and safety at the Oceanfront
Upon motson by Councdman Wood, seconded by Councdman Reeve, Ctty Councsl ADOPTED:
Or&nance to estabhsh a Capstal Improvement Plan (CIP) project re Red Wing
Lake Golf Course tmprovements, and, APPROPRIATE $1,000,000 to Fund
Balance from the Parks and Recreation Specsal Revenue Fund
Mayor Oberndorf advtsed a long term plan ss besngformulated to assure the comfort and safety of restdents
and vssstors to the Oceanfront
Councsl Lady Eure requested the Dsrector of Parks and Recreatton send correspondence to Mrs Messner
provsdtng the number of recreatson amenttes provsded for the cttszens s e approxsmately 70 major parks,
300 other parks, the recreatson provtded for the youth, etc
Votsng 8-1
Councsl Members Votsng Aye
Harry E Dsezel, Margaret L Eure, Vsce Mayor Louss R Jones, Rtchard A
Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Ron A Vsllanueva and
James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Peter W Schmsdt and Rosemary Wilson
August 5, 2003
AN ORDINANCE TO ESTABLISH CIP
PROJECT %4-042, RED WING LAKE GOLF
COURSE IMPROVEMENTS, AND
APPROPRIATE $1,000,000 OF FUND
BALANCE TO THIS PROJECT
WHEREAS, the Department of Parks and Recreation, on July 8,
8 2003, presented a policy report to City Council recommending
9 improvements to the Red Wing Lake Golf Course; and
10
WHEREAS, the City Council expressed the desire to improve
11 Red Wing Lake Golf Course.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1. That CIP Project #4-042, Red Wing Lake Golf Course
15 Improvements, is hereby established.
16
2. That $1,000,000 of Fund Balance from the Parks and
17 Recreation Special Revenue Fund is hereby appropriated to CIP
18 Project #4-042, Red Wing Lake Golf Course Improvements, to fund
19 improvements, with estimated revenue increased accordingly.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia on the 5th day of August 2003
, -
22 CA8960
23 Data/Ordin/Noncode/Red Wing Lake Golf Course.ORD
24 R-4
25 July 24, 2003
26
27 Approved as to Content
28
31 Department of Management~
32 Services
Approved as to Legal
Sufficiency
Department Q~WL aw '
City of Virginia Beach, Virginia
Draft Project
Project # and Title: 4-042 Red Wing Lake Golf Course Improvements
Parks & Recreation I Business Area Cultural & Recreational
Responsible
Dept.
Opportunities
Total Total Budget Unappropriated Subsequent Years Future
Programmed Appropriations Year t Year 2 Year 3 Year 4 Year 5 Year 6 Funding
Funds To Date FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Recju~rement
$,000,000 0 1,000,000 4,000,000 0 0 0 0 0
Th~s project ~s for improvements to the ex~sbng golf course at Red W~ng Lake by extending water and sewer uhl~tles to the s~te,
new irngaflon systems, new greens complexes, cart path renovahons, and improvements to the maintenance complexes
The V~rg~n;a Beach Department of Parks and Recreabon has operated the 288-acre Red W~ng Lake Golf Course s~nce It first
opened m 1971 on land leased from the Commonwealth of V~rg~n;a After many years of d~scuss;on and negotiation, the C~ty of
Virglma Beach recorded the Deed of Sale and Deed of Property Settlement for Red W~ng Lake ;n July 2002 Because of
concerns over ownership and commitments for ~nfrastructure, improvements and renovabons to the course have been prudently
delayed As a result, course infrastructure needs to be brought up to a higher standard than currently exists m order to meet
the recreational needs of our c;bzens
New Project Th~s project has been requested ~n prewous years, however unbl ownership ~ssues were resolved ~mprovements
could not be made
Basis for Estimate FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09
0 0 0 0 0 0
Activity From - To Amount Funding Source Amount
Design 08103-07104 450,000 2004 Charter Bonds 2,500,000
Construcbon 11103-06/05 3,959,800 Fund Balance - General Fund 1,250,000
Eqmpment 01/04-06/05 250,000 Fund Balance - Parks and Recreation 1.250.000
Contingencies 08~04-06~05 340.200 Total Programmed Financing 5,000,000
Total Budgetary Cost Estimate 5,000,000 Future Funding Requirements 0
Total Non-Programmed Costs 0
Total Programmed Costs 5,000,000
Fiscal Year 2003-04 Parks and Recreation
- 35-
Item VI4.9.
ORDINANCES/RES OL UTIONS
ITEM # 51471
Barbara Messner, Post Office Box 514, Phone 422-1902
Upon motton by Councilman Reeve, seconded by Vtce Mayor Jones, Ctty Counctl ADOPTED, AS
REVISED (increasing membership from seven (7) to nine (9):
Resolutton estabhshtng the Trauma Center Task Force to restore the Level H
Center destgnatton and tdenttfy other tssues re current hospttal servtces to be
matntatned and enhanced for the ctttzens of Vtrgtma Beach at Sentara Vtrgmta
Beach General Hospital
Vottng 9-0
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,
Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
REQUESTED BY MAYOR MEYERA E. OBERNDORF & VICE-MAYOR LOUIS R. JONES
A RESOLUTION ESTABLISHING THE VIRGINIA BEACH
TRAUMA CENTER TASK FORCE AND PROVIDING FOR ITS
MEMBERSHIP, DUTIES AND OTHER MATTERS
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, on June 27, 2003, the designation of Sentara Virginia
Beach General Hospital ("Sentara VBGH") was downgraded from a Level
II to a Level III Trauma Center; and
WHEREAS, the change in designation was made by Sentara with
very little community discussion concerning the potential impacts
of the decision; and
WHEREAS, as a result of the decision, in some emergency
situations, people living in or visiting Virginia Beach will have
to be transported as many as twenty (20) miles to Sentara Norfolk
General Hospital; and
WHEREAS, it is the sense of the City Council that critical
decisions such as this should be made only after members of the
community have had ample opportunity to state their views;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. There is hereby established the Virginia Beach Trauma
Center Task Force ("Task Force"), which shall consist of nine (9)
members, who shall be appointed by the City Council and shall serve
without compensation;
2. The duty of the Task Force shall be to work cooperatively
withe Sentara, the City and the community to explore options to
restore the Sentara VBGH Trauma Center to a Level II designation
and to identify other issues facing Sentara VBGH and its
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
physicians, so as to ensure that current hospital services are
maintained and enhanced for the benefit of the citizens of Virginia
Beach;
3. The Task Force shall meet with management of Sentara in
order to fully understand the basis for the decision to change the
designation to Level III and any other service reductions that may
be under consideration; seek public input concerning the decision
and potential solutions; seek the views of the Emergency Medical
Services Department and other appropriate City agencies concerning
the operation ramifications of the decision; identify solutions
implemented by other communities faced with similar circumstances;
identify potential solutions for Virginia Beach; and make
recommendations to the City Council for its consideration.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Task Force shall make its report, with
recommendations, to the City Council by November 30, 2003.
Adopted by the City Council of the City of Virginia Beach,
Virginia on the 5th day of August 2003.
CA-8968
wmm\ordres\traumacenterres.wpd
R-2 - August 5, 2003
Item VI-J. I O.
- 36-
ORDINANCES/RES OL UTIONS
ITEM # 514 72
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED, AS
RE VISED:
Resolutton estabhshtng an Unfunded Education Mandates Joint Task Force
and provtdtng for its membership and duttes.
Voting 9-0 (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, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
1 REQUESTED BY COUNCILMEMBERS ROSEMARY WILSON AND RON A. VILLANUEVA
A RESOLUTION ESTABLISHING A JOINT TASK FORCE
ON UNFUNDED MANDATES FOR EDUCATION AND
PROVIDING FOR ITS MEMBERSHIP AND DUTIES
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
WHEREAS, the Federal and State governments regularly
impose mandates upon local governments in such areas as the
environment, homeland security, election reform and education; and
WHEREAS, such mandates are rarely accompanied by adequate
funding provided by the Federal or State government imposing them,
thereby placing the burden of funding such mandates upon
localities, which are less able than either the Federal or State
government to adequately fund such mandates; and
WHEREAS, in 1995, Congress enacted the Unfunded Mandate
Reform Act (UMRA) of 1995, among the stated purposes of which were
to curb the practice of imposing unfunded Federal mandates on
State and local governments and to ensure that the Federal
government pays the costs incurred by those governments in
complying with Federal law; and
WHEREAS, notwithstanding the enactment of such
legislation, the Federal government has continued to impose
unfunded mandates upon local governments; and
WHEREAS, the Commonwealth of Virginia has also continued
to impose upon local governments unfunded mandates, and the General
Assembly has not enacted legislation prohibiting or limiting such
unfunded mandates; and
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27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
WHEREAS, unfunded federal and state mandates have forced
localities to sacrifice or limit necessary local programs in order
to comply with the mandates imposed by either the Federal or State
governments; and
WHEREAS, the Council wishes to study the impacts of
unfunded mandates on the local government budget and as a first
step desires to focus on the effects on public education;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. As a first step towards addressing unfunded
mandates, there is hereby established the Joint Task Force on
Unfunded Mandates for Education (hereinafter "Joint Task Force"),
which shall consist of Councilmembers Rosemary Wilson and Ron A.
Villanueva, one representative each of the City Manager's and City
Attorney's Offices, two members of the School Board, who shall be
selected by the Board, and the Superintendent of Schools or his
designee. Members shall serve without compensation.
2. The mission of the Joint Task Force shall be to
identify all unfunded federal and state mandates applicable to the
Virginia Beach Public Schools and to recommend, when appropriate,
legislation to rescind or adequately fund such mandates.
3. The Joint Task Force shall also identify those
unfunded mandates which have been imposed by statute and those
which have been imposed by administrative regulation; and
50
51
52
4. The Joint Task Force shall meet monthly and shall
report its findings and recommendations to the City Council and the
School Board, in writing, by November 1, 2003.
53
54
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 5th day of August , 2003.
CA-8859
wmm\ordres\mandatetaskforceres3.wpd
R-6
August 5, 2003
APPROVED AS TO LEGAL
SUFFICIENCY'
Department of~Law
Item VI-J. 11.
-37-
ORDINANCES/RES OL UTIONS
ITEM # 51473
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION and was tn support of
free enterprtse
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED
INDEFINITEL Y:
Resolutton AUTHORIZING the Ctty Manager tssue a Request For Proposal
(RFP) and A WARD an exclustve contract for beverage vending machines on
Ctty property
Vottng 9-0
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,
Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Council Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
- 38-
Item VI-K. 1
PLANNING
ITEM # 51474
1. THE FOLLOWING PLANNING ITEMS WERE ACTED UPON BY CITY COUNCIL AT THEIR
REGULAR FORMAL SESSION PLANNING PUBLIC HEARING ON THE TWENTY-FOURTH DA Y
OF JUNE 2003; HO WE VER, DUE TO A PUBLISHING ERR OR, AD VER TISING OCCURRED ONLY
ONCE IN THE BEACON. THEREFORE, THE ACTION OF CITY COUNCIL ON JUNE 24TH WAS
DECLARED NULL AND VOID. THESE ITEMS WERE PUBLISHED INA CCORDANCE WITH THE
VIRGINIA STATE CODE ON JULY 20 AND 27, 2003, AND ARE SUBJECT TO CITY COUNCIL
A CTIONA T THEIR REGULAR FORMAL SESSIONPLANNING PUBLICHEARING ON TUESDA Y,
AUGUST 5, 2003:
a. TRACY REDBURN
NONCONFORMING USE
b. KEMPSVILLE BUILDING MA TERIALS, INC.
STREET CLOSURE
c. RA CHAEL A. SPRINGER
CONDITIONAL USE PERMIT
d. MOSE MAST- VIRGINIA BEACH MARBLE CO.
CONDITIONAL USE PERMIT
e. GRAND SLAM USA
CONDITIONAL USE PERMIT
fi WAL-MART REAL ESTATE BUSINESS TRUST
CONDITIONAL USE PERMIT
g. JOSEPH G. PIPER
h. TRITON PCS/SUNCOM
VARIANCE
CHANGE OF ZONING
MODIFICATION TO THE GREEN
RUN LAND USE PLAN
CITY OF VIRGINIA BEACH
AMENDMENT TO THE
SUBDIVISION ORDINANCE
re width of sidewalks
2. CITY OF VIRGINIA BEACH
STREET CLOSURE
August 5, 2003
- 39-
Item VI-K. 1.
PLANNING
ITEM # 514 75
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd APPROVED IN ONE
MOTION Items la.(ALLOWED WITHDRAWAL), b, c, d, e, f, g (ALLOWED WITHDRAWAL),h
MODIFIED), and t of the PLANNING B Y CONSENT AGENDA.
Item K la (REDB URN) was WITHDRAWN, BY CONSENT
Item K 1 g (PIPER) was WITHDRAWN, BY CONSENT
Vottng 9-0 (By ConsenO
Councd 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, Ron
A Vdlanueva and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
Peter W Schmtdt and Rosemary Wtlson
Vtce Mayor Jones VERBALLY ABSTAINED on Item K 1 b (KEMPSVILLE BUILDING MATERIALS,
INC), as hts property at 220 Pennsylvama Avenue ts adjacent to the apphcant's property
Vtce Mayor Jones ABSTAINED on Item K 1 e (GRAND SLAM USA), as hts funeral home at 3600 Vtrgmta
Beach Boulevard ts adjacent to the apphcant's property
Councd Members Eure, McClanan and Wood voted a VERBAL NAY on Item LK 1 c (GRAND SLAM)
August 5, 2003
Item VI-K.I.a.
- 40-
PLANNING
ITEM # 514 76
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ALLOWED
WITHDRAWAL of the apphcatton of TRA CYREDB URN re expanston O fa noncon_formtng use to construct
a garage for the one story structure at 615 Twenty-Stxth Street
ORDINANCE UPON APPLICATION OF TRACY REDBURN FOR THE
EXPANSION OF A NONCONFORMING USE
Ordtnance upon Apphcatton of Tracy Redburn for the Expanston qf a
Nonconflormtng Use onproperty located at 615 2~n Street (GPIN24188080 71)
DISTRICT 6- BEA CH
Vottng 9-0 (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, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
- 41 -
Item VI.K.I.b.
PLANNING
ITEM # 514 77
Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED an Or&nance
upon apphcatton of KEMPSVILLE BUILDING MATERIALS, INC. re &sconttnuance, closure and
abandonment of a portton of Denn Lane
Or&nance upon apphcatton of Kempsvtlle Butl&ng Matertals, Inc for the
&sconttnuance, closure and abandonment of a portton of Denn Lane located
on the north stde of Southern Boulevard, 250 feet west of Jersey Avenue
DISTRICT 2 - KEMPSVILLE
The followtng con&ttons shall be requtred
The Ctty Attorney's Office shall make the final determtnatton regar&ng
ownershtp of the underlytngfee The purchase prtce to be patd to the Ctty
shall be determtned accor&ng to the "Pohcy Regar&ng Purchase of Ctty ~'
Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl
Coptes of the pohcy are avatlable tn the Planmng Department
The apphcant shall resub&vtde the property and vacate tnternal lot hnes
to tncorporate the closed area tnto the adjotntngparcels The plat shall be
submttted and approved for recordatton prtor to final street closure
approval
3 The apphcant shall vertfy that noprtvate utthttes extst wtthtn the rtght-oX-
way proposed for closure Prehmtnary comments from Domtnton Vtrgtnta
Power and Vtrgtnta Natural Gas tn&cate that there are none of thetr
factltttes wtthm the rtght-of-way proposed for closure Prehmtnary
comments from HRSD tn&cate that there are facthttes tn the surroun&ng
area and the apphcant must vertfy any easement requtrements prtor to
submtttal of the final plat
4 Closure of the rtght-of-way shall be conttngent upon comphance wtth the
above stated con&ttons wtthtn 365 days of approval by Ctty Counctl If the
con&ttons noted above are not accomphshed and the final plat ts not
approved wtthm one year of the Ctty Counctl vote to close the rtght-of-way,
thts approval shall be constdered null and votd
August 5, 2003
- 42 -
Item VI.K.I.b.
PLANNING
ITEM # 514 77
Votmg 8-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva, and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Vtce Mayor Louts R Jones
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
Vtce Mayor Jones VERBALLY ABSTAINED on Item K 1 b (KEMPSVILLE BUILDING MATERIALS,
INC ,) as hts property at 220 Pennsylvania Avenue ts adjacent to the apphcant's propert);
August 5, 2003
ORDINANCE NO.
2
3
4
5
6
7
8
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10
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IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS DENN LANE AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "RYW CLOSURE
EXHIBIT OF THE EASTERLY 25' PORTION OF DENN
LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID
PLACE AND THE WESTERLY 25' PORTION OF DENN
LANE ADJACENT TO LOT 33, BLOCK 49, EUCLID
PLACE FOR KEMPSVILLE BUILDING MATERIALS,
VIRGINIA BEACH, VIRGINIA" A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A.
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5
WHEREAS, on August 5, 2003, Kempsville Building Materials, Inc. apphed to the
Council of the City of Virginia Beach, V~rg~ma, to have the hereinafter described street discontinued,
closed, and vacated, and
WHEREAS, ~t ~s the judgment of the Council that smd street be d~scontlnued, closed,
and vacated, subject to certmn conditions having been met on or before August 4, 2004,
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Councd of the City of Virg~ma Beach, Vlrgima, that the
hereinafter described street be d~scont~nued, closed and vacated, subject to certmn conditions being
met on or before August 4, 2004
All that certmn p~ece or parcel of land s~tuate, lyang and being ~n the
C~ty of Virg~ma Beach, Virglma, designated and described as
"WESTERN ½ OF DENN LANE TO BE CLOSED" and "EASTERN
26 GPIN: (1467-84-5350, 1467-84-4898 and 1467-84-1392)
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48
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'5
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V2 OF DENN LANE TO BE CLOSED" shown as the cross-hatched
area on that certain plat entitled: "R/W CLOSURE EXHIBIT OF
THE EASTERLY 25' PORTION OF DENN LANE ADJACENT TO
LOT 42, BLOCK 48, EUCLID PLACE AND THE WESTERLY 25'
PORTION OF DENN LANE ADJACENT TO LOT 33, BLOCK 49,
EUCLD PLACE FOR KEMPSVILLE BUILDING MATERIALS,
VIRIGNIA BEACH, VIRGINIA", Scale. 1"=30', dated April 02,
2003, prepared by Kellam-Gerw~tz Eng~neenng, Inc., a copy of which
~s attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before August 4, 2004:
1. The City Attorney's Office will make the final deterrmnation regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be deterrmned according to the
"Pohcy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of smd policy are available in the Planning Department.
2. The apphcant shall resubdivide the property and vacate internal lot hnes to
incorporate the closed area ~nto the adjoining parcels. The resubdivislon plat shall be subrmtted and
approved for recordanon prior to final street closure approval.
3. The apphcant shall verify that no private utdit~es exist within the right-of-way
proposed for closure. Prehminary comments from the utihty companies ~ndicate that there are no
private utilities w~thin the right-of-way proposed for closure. If private utilities do exmt, the
apphcant shall provide easements satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon comphance with the above
stated conditions witNn 365 days of approval by City Council. If all conditions noted above are not
in compliance and the final plat is not approved within one year of the City Council vote to close the
street, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before August 4, 2004, this
Ordinance will be deemed null and void without further action by the City Council.
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2. If all cond~nons are met on or before August 4, 2004, the date of final closure
~s the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
1 A certified copy of this Ordinance shall be filed ~n the Clerk's Office of the
C~rcmt Court of the City of V~rglma Beach, Virginia, and indexed in the name of the CITY OF
VIRGINIA BEACH as "Grantor."
Adopted by the Council of the C~ty of Virginia Beach, V~rgima, on this ~ day
of August ,2003.
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CA-8738
July 30, 2003
C XDocuments and Semngs\bdukeYLocal Semngs\Temp\CA8738 ord2 FRM
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APPROVED AS TO CONTENT
' -" ' - Department "}'~~an~
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APPROVED AS TO LEGAL SUFFICIENCY
C~ty Attorney
THIS EXHIBIT IS BASED ON DOCUMENT~
OF RECORD AND DOES NOT CONSTITUTE
A BOUNDARY SURVEY NOR A
SUBDIVISION OF LAND, A FIELD SURVEY
HAS NOT BEEN PERFORMED.
2, THIS EXHIBIT IS INTENDED TO DEPICT
THE PROPOSED R/W TO BE CLOSED
ABOUT THE PROPERTY SHOI4N HEREON
AND IS NOT INTENDED FOR ANY OTHER
.
THAN GENERAL REFERENCE.
GRAPHIC SCALE
15 0 15 30 60
FEET
lINCH= 30 FEET
28
I
$15.58' TO
--WITCHDI
/~OAD
33'
50 00'
29
3O
31
32
35
34
I
R/W TO BE
12
13
14
15
16
I
VA CA TED
I I
~42I 411 40
250' iTO I
--A VENUE--
MB. 4, P. 63
SCALE. 1' = 30'
R/W CLOSURE EXHIBIT OF
The easterly 25' port~on of Denn Lane adjacent to Lot 42,
Block 48, Euclid Place and the westerly 25' port~on of Denn
Lane adjacent to Lot 33, Block 49, Euchd Place
FOR
KEMPSVILLE BUILDING MATERIALS
VIROINIA BEACH ~RGINIA
WESTERLY 7~ OF /
DENN LANE TO -/
BE CLOSED
SOUTHERN BOULEVARD
· -, VAR. WIDTH R/W ..,
(MB. 4. P 63)
O2 APRIL, 2OO$
·
EASTERLY ~ OF
DENN LANE TO
BE CLOSED
VO2085_rwEXH dw9
TMF/wc9
KE~ - GERWIT'z
ENGINEERING INC
EN~NEI~INO--~R~I1 NO-PLANNIN
500 ~N~AL DRI~
SUl~ 113
~RO~A B~.~Ra~ 2~
(757)3~0~28
- 43 -
Item VI-K.c.
PLANNING
ITEM # 51478
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance
upon apphcatton of RACHAEL A. SPRINGER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF RACHAEL A SPRINGER FOR A
CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R0803311 l 2
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Rachael A Sprtnger for a Condtttonal Use
Permtt for a restdenttal kennel on property located at 5544 Hatteras Road
(GPIN 1467128236) DISTRICT 2 - KEMPSVILLE
The followtng condtttons shall be requtred
1 No more than seven adult dogs (over slx months of age) shall be kept on the'
property at any ttme No breeding, groomtng, or boardtng of any other
dogs for monetary or non-monetary purposes shall be permttted
2 A mtntmum three-foot planttng bed shall be tnstalled adjacent to the
natural area on the northwest stde of the property The bed shall be
conststent wtth Chesapeake Bay Preservatton Area (CBPA) Planttng Bed
drawtng avatlable at the Planntng Department's Development Servtces
Center
3 Dog htter shall be ptcked up and dtsposed of on a datly basts
4 The Con&ttonal Use Permtt shall be reviewed on an annual basts
Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ftfth of August, Two Thousand Three
August 5, 2003
- 44 -
Item VI-K.I.c.
PLANNING
ITEM # 514 78 (Continued)
Voting 6-3
Counctl Members Vottng Aye
Harry E Dtezel, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor
Meyera E Oberndorf, Jtm Reeve and Ron A Vtllanueva
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and James L Wood
Counctl Members Absent
Peter W Schmtdt and Rosemary Wdson
August 5, 2003
- 45-
Item VI-K.I.d.
PLANNING
ITEM # 514 79
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED an Ordtnance
upon apphcatton of MOSE MAST- VIRGINIA BEACH MARBLE CO. for a Condtttonal Use Permtt re
a bulk storage yard
ORDINANCE UPON APPLICA TION OF MOSE MAST- VIRGINIA BEACH
MARBLE CO FORA CONDITIONAL USE PERMIT Z08032151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of Mose Mast - Vtrgtma Beach Marble Co for a
Condtttonal Use Permtt for a bulk storage yard on property located at 506
Vtktng Drtve (GPIN 1497507390) DISTRICT 6 - BEACH
The followtng condtttons shall be required
1 A sohdfence at least stxfeet tn hetght and Category VI landscaptng shall
be provtded along the enttre pertmeter of the bulk storage area, except for
necessary mgress/egress
2 The locatton of the access gate for the storage area shall be shown on the
final stte plan
3 Constructton of the bulk storageyard shall be completed wtthtn 90 days of
Condtttonal Use Permtt approval Tl, ie ...........' ............... ' ........ -' .... 7. .
..... '- ............. '-- -'--" b .......... ~ ..... ' .... '" ~ ..... ' ....... ' ...... of
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtma, on the Fifth of August, Two Thousand Three
Vottng 9-0 (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.
Ron A Vtllanueva and James L Wood
Counctl Members Vonng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wilson
August 5, 2003
- 46-
Item VI-KI.e.
PLANNING
ITEM # 51480
Upon motion by Vice Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED an Or&nance
upon apphcatton of GRAND SLAM USA for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF GRAND SLAM USA FOR A
CONDITIONAL USE PERMIT R080331113
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Grand Slam USA for a Conchttonal Use Permtt
for a commerctal recreattonal facthty other than those of an outdoor nature
(baseball/softball) on property located at 3636 Vtrgtnta Beach Boulevard, Sutte
10 7 (GPIN 148 7549 708) DISTRICT 5 - L YNNHA VEN
The followtng conchttons shall be requtred
A Certtficate of Occupancy shall be obtatnedfrom the Butldtng
Offictal before the tssuance of any bustness hcense or building
permtt assoctated with the request
No storage or repatr of recreational equtpment shall be
permttted outstde the butldtng
No ad&ttonal stte hghttng shall be installed beyond that needed
for stte securtty, all of whtch shall be shtelded away from all
adjoining properties
This Or&nance shall be effecttve tn accordance with Sectton 107 (J) of the Zoning Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ftfth of August, Two Thousand Three
August 5, 2003
-47-
Item VI-K.I.e.
PLANNING
ITEM # 51480 (Continued)
Vottng 8-0 (By Consent)
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox,
Mayor Meyera E Oberndorf, Jim Reeve, Ron A Vtllanueva, and James L
Wood
Council Members Voting Nay
None
Counctl Members Abstatntng
Vtce Mayor Louts R Jones
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
Vtce Mayor Jones ABSTAINED on Item K 1 e (GRAND SLAM USA), as hts funeral home at 3600 Vtrgtma
Beach Boulevard ts adjacent to the apphcant's property
August 5, 2003
- 48-
Item VI-K. l.f.
PLANNING
ITEM # 51481
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty CounctlADOPTED an Ordtnance
upon Apphcatton of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permtt
ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE
BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR A BULK
STORAGE FACILITY ON PROPERTY R080331114
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Wal-Mart Real Estate Bustness Trust for a
Condtttonal Use Permtt for a bulk storage facthty on property located at 1149
Ntmmo Parkway (GPIN # 2414-25-6765) DISTRICT 7- PRINCESS ANNE
The following condtttons shall be requtred
1 The seasonal sales areas and the pallet and recyclable cardboard storage
area shall be located on the stte as depicted on the submitted stte plan
tttled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE'
LA YOUT", dated 02/25/03, and prepared by Ktmley-Horn and Assoctates
2 The seasonal sales areas shall be dehneated by a decorattve wrought tron
fence, not less than stx (6)foot tn hetght, wtth Category lshrubs planted on
the outstde of the fence The apphcant shall obtatn a vartance from the
Board of Zontng Appeals for the use of thts tn heu of the Category VI
fenctng reqmrement
The palette and recyclable cardboard storage area shall be screened as
depicted on the submttted stte plan titled "WAL-MART SUPERCENTER,
RED MILL COMMONS, SITE LAYOUT", dated 02/25/03, and prepared
by Ktmley-Horn and Assoctates The apphcant shall obtatn a vartance from
the Board of Zomng Appeals for the use of this tn heu of the Category VI
screentng requtrement
The apphcant shall dehneate on stte a crosswalk from the butlchng /garden
center area to the seasonal sales areas Staff wtll asstst the apphcant with
the adequate wtdth and locations
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zoning Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Ftfth of August, Two Thousand Three
August 5, 2003
- 49-
Item VI-K.I.fi
PLANNING
ITEM # 51481 (Continued)
Vottng 9-0 (By Consent)
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
Item VI-K.I.g.
PLANNING
- 50-
ITEM # 51482
Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ALLOWED
WITHDRAWAL of apphcattons of JOSEPH G. PIPER to subdtvtde the extsttng lot into three (3) lots, wtth
two (2)flag lots, at 2332 Seaboard Road wtth a Vartance to 3g 4 4(b) of the Subdtvtston Ordtnance and a
Change of Zontng Dtstrtct Classtficatton from A G-2 Agrtcultural Dtstrtct to R-15 Restdenttal Dtstrtct
AND,
Dectstons of Admtntstrattve Officers tn regard to certatn elements of the
Subdtvtston Ordtnance, Subdtvtston for Joseph G Ptper Property ts located
at 2332 Seaboard Road (GPIN 240454 7746) DISTRICT 7- PRINCESS ANNE
ORDINANCE UPONAPPLICA TION OF JOSEPH G PIPER FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM A G-2 A GRICUL TURAL
DISTRICT TO R-15
Or&nance upon Apphcatton of Joseph G. Ptper for a Change of Zomng
Dtstrtct Classtficatton from AG-2 Agrtcultural Dtstrtct to R-15
Restdenttal Dtstrtct on property located at 2332 Seaboard Road (GPIN
2404547746) DISTRICT 7 - PRINCESS ANNE
Vottng 9-0 (By Consent)
Council 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, Ron
A Vtllanueva and James L Wood
Council Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
- 51 -
Item VI-K.I.h.
PLANNING
ITEM # 51483
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl APPROVED Or&nance
upon apphcatton of TRITON PCS/SUNCOM for a MODIFICATION TO THE GREEN R UN LAND USE
PLAN
Or&nance upon Apphcatton of Trtton PCS/SunCom for a Modt_ficatton to the
Green Run Land Use Plan for a wtreless commumcatton tower on property
located on the east stde of Independence Boulevard, approxtmately 700feet
southeast ofNesbttt Drtve wtthtn an extsttng Vzrgtnta Power substatton (GPIN
1485395034) DISTRICT 3 - ROSE HALL
The purpose of the request ts to construct a 90-foot commumcatton tower wtth a Domtnton Vtrgtnta Power
substatton area
The tower and equtpment shelter shall be constructed as deptcted
on the submitted stte plan entttled "Trtton PCS Raw Land
Substation, S Independence Blvd, Vtrgtnta Beach, VA 23455,"
prepared by 02 Wireless, Inc, dated 11/15/02 However, the
tower shall be destgned to accommodate one ad&ttonal user A
copy of the plan has been presented to Ct ty Counctl and ts on file
tn the Planntng Department
The tower structure destgn shall be modtfied to accommodate at
least two antenna loads at dtfferent hetghts tn order to provtde
for future co-locatton opportuntttes A revtsed structural report
certtfytng that the tower ts capable of handhng addtttonal
antenna load at a specified hetght shall be provtded wtth the
detatled stte plan
Landscaptng shall be tnstalled as deptcted on sheet Z8 of the
submttted stte plan tdenttfied tn Condttton 1 above
The fence securtng the equipment shelter and tower shall match
the extsttngfence at the substatton No barbed wtre, razor wtre,
or electrtficatton shall be permitted
The tower and antennae shall not exceed (nmety) 90 feet tn
hetght
The communtcatton tower shall be a standard gray color In the
event that the Federal Avtatton Admtntstratton or other hcenstng
enttty requtres that the tower bepatnted another color, the hetght
of the tower shall be reduced to a level that wtll ehmtnate the
requirement that tt be patnted
August 5, 2003
Item VI-K.I.h.
PLANNING
- 52 -
ITEM # 51483 (Continued)
Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Communtcattons and Informatton Technology
(COMIT), a Radto Frequency Emtsstons (RF study), conducted
by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgtnta, showtng that the tntended user(s)
wtll not mterfere wtth any Ctty of Vtrgmta Beach emergency
communtcattons facthttes, shall be provtded prtor to stte plan
approval for the tower and all subsequent users
In the event tnterference wtth any Ctty emergency
communtcattons facthttes artses from the users of thts tower, the
user(s) shall take all measures reasonably necessary to correct
and ehmtnate the interference If the tnterference cannot be
ehmtnated wtthtn a reasonable trine, the user shall tmmedtately
cease operatton to the extent necessary to stop the tnterference
Should the antennae cease to be used for a pertod of more than
one (1) year, the apphcant shall remove the antennae, thetr
supporttng towers and related equtpment
Vottng 9-0 (By ConsenO
Council 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, Ron
A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
- 53 -
Item VI-K. 1. L
PLANNING
ITEM # 51484
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED:
Ordtnance to AMEND 3~ 5 6 of the Ctty's Subdtvtston Ordtnance re
the width of sidewalks.
Vottng 9-0 (By ConsenO
Counctl Members ?otmg Aye
Harry E Dtezel, Margaret L Eure, I/tce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Ron
A l/tllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
10
11
12
13
14
15
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17
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AN ORDINANCE TO AMEND THE SUBDIVISION
REGULATIONS PERTAINING TO SIDEWALKS
SECTION AMENDED' § 5.6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 5.6 of the Subdivision Regulations is hereby
amended and reordained to read as follows:
Sec. 5.6. Sidewalks.
Where constructed, sidewalks shall be in ~ accordance
with the specifications and standards of the department of public
works, as approved by the council of the City of Virginia Beach and
the standards established by the Americans With Disabilities Act.
(a) Sidewalks forty-eight {48) inches in width or such
'~-~ ...... ~ .... by '---- pl ' '-
~~~ ~~. ~o required the di~tor of annzng or h~o
ig ...... ~ ---~-~-- ' p - 11 be d
des nee ~ ~~ =~o~ im rovemento sha constructe on
both sides of arterial or collector streets. The director of
planninq or his desiqnee may require additional sidewalk width to
match existinq improvements.
(b) Sidewalks forty-eight {48) inches in widt,h shall be
constructed on both sides of minor streets within subdivisions
proposed for multiple-family or conunercial use and may be required
on one (1) or both sides of minor streets in subdivisions proposed
for industrial use, if the director of planning finds such
requirement necessary in view of desirable continuity of flow of
substantial pedestrian traffic. The director of planninq or his
26
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30
31
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34
35
36
37
38
39
40
41
designee may require additional sidewalk width to match existinq
improvements.
(c) Sidewalks = ....... ~-== ' - ' '
~v~-=~ {48) ~ncheo ~n w~dth shall be
constructed on one (1) side of each minor street within
subdivisions proposed for one-family, two-family or townhouse
residential use and where minimum lot width requirements as
specified in the zoning ordinance are less than one hundred (100)
feet. As an exception to this requirement, no sidewalk is required
where not more than twenty-five (25) dwelling units could be
constructed on property served by the street. This applies only if
the street could not reasonably be extended to serve more dwelling
units. The director of planninq or his desiqnee may require
additional sidewalk width to match existinq improvements.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 5th day of August, 2003.
CA-8864
DATA/ORDIN/PROPOSED/subreg05.6ord.wpd
R2 - April 28, 2003
Item VI-K. 2.
- 54 -
PLANNING
ITEM # 51485
Barbara Messner, Post Office Box 514, Phone 422-1902, represented the Frtends of 31s' Street Park and
spoke tn OPPOSITION
Upon motion by Councdman Vdlanueva, seconded by Councdman Wood, Ctty Councd ADOPTED, subject
to compliance, Ordtnance upon appltcatton of the Cay of Vtrgtnta Beach for the discontinuance, closure
and abandonment of an alley tn Block 72, (bordered by Atlantic Avenue, 30th and 31st Streets and Pactfic
Avenue):
Ordtnance upon apphcatton of the Ctty of Vtrgtma Beach for the
dtsconttnuance, closure and abandonment of a twenty (20)foot wtde alley
located tn Block 72, begtnntng at a potnt approxtmately 140 feet south of
Lasktn Road and runntng a dtstance of 258 feet between Atlantic Avenue and
Pactfic Avenue (GPIN 2428015928) DISTRICT 6- BEACH
The followtng condzttons shall be reqmred
The Ctty Attorney's Office shall make the final determmatton
regardmg ownershtp of the underlytng fee The purchase prtce
shall be determtned accordtng to the "Pohcy Regardtng
Purchase of Ctty's Interest tn Streets Pursuant to Street
Closures," approved by Ctty Councd Copses of the pohcy are
avatlable tn the Planntng Department
The apphcant shall resubdtwde the property and vacate tnternal
lot hnes to tncorporate the closed area mto the adjoining
parcels The plat shall be submitted and approved for
recordatton prtor to final street closure approval
The apphcant shall verify that no prtvate utthttes extst wtthtn the
rtght-of-way proposed for closure If private utthttes do exist,
easements satisfactory to the utthty company, shall be provtded
Closure of the right-of-way shall be conttngent upon comphance
with the above stated conditions wtthtn 365 days of approval by
Ctty Council If the condmons noted above are not accomplished
and the final plat ss not approved wtthtn one year of the Ctty
Councd vote to close the right-of-way thts approval shall be
constdered null and votd
August 5, 2003
Item VI-K. 2.
- 55 ~
PLANNING
ITEM # 51485 (Continued)
Votmg 9-0
Councd Members Votmg Aye
Harry E Dtezel, Margaret L Eure, IZtce Mayor Louts R done& Reba S
McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron
,4 P'dlanueva and James L Wood
Councd Members Votmg Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wilson
August 5, 2003
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THAT CERTAIN ALLEY KNOWN AS
A TWENTY (20) FOOT ALLEY LOCATED IN BLOCK 72
AS SHOWN ON THAT CERTAIN PLAT ENTITLED
"PLAT SHOWING A 20 FOOT WIDE ALLEY IN BLOCK
72 PLAT OF PROPERTY OF VIRGINIA BEACH
DEVELOPMENT COMPANY (MB 3 PG 177) TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-
WAY, VIRGINIA BEACH, VIRGINIA"
WHEREAS, on August 5, 2003, the City of Vlrglma Beach applied to the Council of
the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated, and
WHEREAS, it is thejudgment of the Council that said street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before August 4, 2004;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before August 4, 2004.
All that certain piece or parcel of land situate, 13nng and being in the
City of Virginia Beach, Virginia, designated and described as "AREA
OF RIGHT-OF-WAY TO BE CLOSED" and "AREA OF STREET
CLOSURE 5,160 S F OR 0 119 ACRES" shown as the cross-hatched
GPIN' 2428-01-5928
area on that certain plat entitled "PLAT SHOWING A 20 FOOT
WIDE ALLEY IN BLOCK 72, PLAT OF PROPERTY OF
VIRGINIA BEACH DEVELOPMENT COMPANY (MB 3, PG 177)
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-
WAY VIRGINIA BEACH, VIRGINIA, CIP 9-260" Scale: 1"= 50',
dated 05/29/03, prepared by Patton, Harris, Rust & Associates, P C, a
copy of which IS attached hereto as Exhibit A
SECTION
The following conditions must be met on or before August 4, 2004.
1 The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of said policy are available in the Planning Department.
2. The applicant shall resubdlvlde the property and vacate internal lot lines to
Incorporate the closed area Into the adjoimng parcels. The resubdivision plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The applicant shall verify that no private utdit~es exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies Indicate that there are no
private utilities w~thin the right-of-way proposed for closure. If private utlht~es do exist, the
apphcant shall provide easements satisfactory to the utlhty companies.
4 Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council If all conditions noted above are not
accomphshed and the final plat ~s not approved within one year of the City Council vote to close the
roadway, th~s approval wdl be considered null and vmd.
SECTION III
1. If the preceding condlnons are not fulfilled on or before August 4, 2004, th~s
Ordinance will be deemed null and vmd without further action by the City Council
2. If all condmons are met on or before August 4, 2004, the date of final closure
~s the date the street closure ordinance ~s recorded by the C~ty Attorney.
SECTION IV
3. A cemfled copy of th~s Ordinance shall be filed ~n the Clerk's Office of the
Circuit Court of the C~ty of V~rglma Beach, V~rglma, and indexed ~n the name of the CITY OF
VIRGINIA BEACH as "Grantor."
Adopted by the Council of the C~ty of V~rglma Beach, V~rg~ma, on th~s 5th day of
August ,2003
CA-8917
July 1 I, 2003
APPROVED AS TO CONTENT
Planm ~Department
APPROVED AS TO LEGAL SUF~Eq.F~CY
C~ty Attorney
EXHIBIT A
ATLANTIC A V~NUE
C~o' e/w)
MB 3 PC 177
N 3482029 6174
E 12220659 55 515'48'55"E
~L ~'007'
.~"~. 2 o ,'
~ r,,, LOT 6 ~_.r~/~ LOT1
.
-,
~ ~ ~ ~ B~ACH D~LOPM~NT
~ MB 5 PG ~77
~ LOT
~ ~ LOT 9
N13'48'55"W
N 3481968 0092
E 12220409 0213 PACIFIC AVENUE
(60' R/w)
DB 283 PO 534
PLAT SHOWING A
20 FOOT WIDE ALLEY IN BLOCK 72
PLAT OF PROPERTY OF VIRGINIA BEACH
DEVELOPMENT COMPANY
(MB 3 PO 177)
TO BE CLOSED AND VACATED AS A
Pueuc RIGHT-OF-WA Y
LEGEND VIRGINIA BEACH, VIRGINIA
ClP 9-260
INDICATES AREA OF
RIGHT-OF- WAY TO Approved: (.~~
BE CLOSED ~Oirector of~lanning
50 0 50 100
scale feet
1"= 50'
Patton Harris Rust & Associates,pc
Engineers Surveyors Planners Landscape Architects
195 Rosemont Road, Suite 101
Virginia Beach, VA 2,~452
T 757 497 7¢72
F 757 497 0250
-- GPIN 2428-01-5928]
Dote
Date
Proj No
9795-1-12
Date.
5/29/03
Scale: I Acad File
1 "=50' I ALLEY. DWG
Drawn/Checked
JLS/POH
Item VI-L. 1.
- 56-
APPOINTMENTS
ITEM # 51486
BY CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS:
BEACHES AND WA TER WA YS COMMISSION
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE AD VISOR Y COMMITTEE
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE- COG
SHORE DRIVE ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
TO WING AD VISOR Y BOARD
YOUTH SER VICES COUNCIL
August 5, 2003
-57-
Item VI-N~1~2
NE W BUSINESS
ITEM # 5148 7
BY CONSENSUS, Ctty Clerk to record
ABSTRA CT OF CIVIL CASES RESOLVED - June 2003 and July 2003
August 5, 2003
- 58-
ITEM # 51488
Mayor Meyera E Oberndorf entertamed a motton to permzt C~ty Councd to conduct tts CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Vzrgmza, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve
canchdates for employment, asstgnment, appointment, promotton, performance, demotton,
salaries, chsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees
pursuant to Section 2 2-3 711 (A) (1)
To W~t Appotntments
Boards and Commtsstons
Beaches and Waterways Commtsston
Development Authortty
Francts Land House Board of Governors
Hampton Roads Economtc Development Alhance
Hampton Roads Plannmg Dtstrtct Commtsston
Parks and Recreation Commtsston
Performtng Arts Theatre Advtsory Commtttee
Pubhc Library Board
Revzew and Allocazton Commtttee
Shore Dr~ve Advisory Committee
T~dewater Regtonal Group Home Commzsszon
Towtng Advisory Board
Youth Services Coordtnatmg Councd
Annual Revtew of Performance of Councd Appomtees
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd voted to proceed tnto
CLOSED SESSION (6:33 P.M.).
Vottng 9-0
Councd 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, Ron A Vdlanueva and
James L Wood
Counctl Members Vottng Nay
None
Councd Members Absent
Peter W Schmtdt and Rosemary Wtlson
(6:33 P.M. - 8:2 7 P.M.)
August 5, 2003
- 59-
ITEM # 51489
Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddmg, on Tuesday, August 5, 2003, at 8 27
PM
Councd 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,
Ron A Vdlanueva and James L Wood
Councd Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
CER TIFICA TION OF
CLOSED SESSION
ITEM # 51490
Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, City Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempt from Open Meettng
requtrements by Vtrgtnta law were discussed tn Closed Session to which
thts certtficatton resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motion
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 9-0
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, Jim Reeve,
Ron A Vtllanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Peter W Schmtdt and Rosemary Wtlson
August 5, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS. The Vlrglma Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM ii 51488, page 58, and ~n accordance w~th the
provisions of The Virginia Freedom of Information Act, and,
WItEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the governing
body that such Closed Session was conducted ~n conformity w~th V~rg~ma law
NOW, THEREFORE, BE IT RESOLVED. That the V~rg~ma Beach C~ty Councd hereby certifies
that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open
Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certification resolution
apphes, and, (b) only such pubhc bus~ness 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 Councd
City Clerk
August 5, 2003
- 61 -
Item VI-O
AD JO URNMENT
ITEM # 51491
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:00 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E OberndorJ
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
August 5, 2003