OCTOBER 7, 2003 AGENDACOUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JOVES, Baystde -Dtstrtct 4
HAP, RYE DIEZ, EL Kempsvdle -Dtstrtct 2
MARGARETL EURE Centervdle-Dtstrtct 1
REBA S McCLANAN. Rose Hall -Dtstrtct 3
RICHARD A MADDOX Beach - District 6
JIM REEVE, Princess Anne -Dtstrtct 7
PETER W SCHMIDT At-Large
RON A VILLANUEVA At-Large
ROSEMARY WILSON At-Large
JAMES L WOOD, Lynnhaven -District 5
JAMES K SPORE. Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH MMCA Ctty Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
7 October 2003
CITY MANAGER'S BRIEFINGS
- Conference Room -
o
SPSA Use of Landfill Property
Wade Kyle, Waste Management Adm~nlstrator
o
Muhammad Thai Plans
David C. Sulhvan, CNeflnformatlon Officer
3:00 P.M.
II. REVIEW OF AGENDA ITEMS
11I. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
INFORMAL SESSION
- Conference Room -
4:30 P.M.
ie
Bo
CALL TO ORDER- Mayor Meyera E Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI FORMAL SESSION - Council Chamber - 6:00 P.M
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B INVOCATION:
Reverend Rick Hocker, Pastor
Freedom 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
September 23, 2003
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1 Resolution In Recognition of Charleston, S.C. re Hurricane Isabel Recovery
CONSENT AGENDA
J ORDINANCES
Ordinance to AMEND {}401 of City Zoning Ordinance (CZO) re farm stands as accessory uses
the AG-1 and AG-2 Agricultural Zoning Districts
.
Ordinance re Non-Binding Memorandum of Understanding (MOU) between Hampton Roads
Transit (HRT) and City of Virgima Beach re the negotianon process to acqmre right-of-way from
Norfolk Southern Railway Company
,
Ordinance to AUTHORIZE a temporary encroachment, re constructtng and matntatnmg a
drzveway and two (2) aprons on South Street and Independence Boulevard for Shore Ventures
Inc (D~stnct 4 - Bays~de)
.
Ordinance to ACCEPT and APPROPRIATE $740,000 from the Federal Emergency
Management Agency (FEMA) to the Ftre Department's FY 2003-04 Operatlhg Budget re
eqmpment and training support of the Urban Search and Rescue Team
,
Ordinance to TRANSFER $683,00 from Reserve for Contingencies in the FY 2003-04 Operating
Budget to support eligible full-t~me employee merit pay increases from 3 65% to 4 05%
Ordinance to TRANSFER an ADVANCE of $100,000 re construction of restrooms at Croatan
Beach
Or&nance to TRANSFER $78,336 to the FY 2003-04 Operating Budget of the City Attorney re
adding two (2) full t~me employee pos~t~ons.
K. APPOINTMENTS
AGRICULTURE ADVISORY COMMISSION
HISTORICAL REVIEW BOARD
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - September 2003
N. 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- Telephomc Devine for the Deaf)
Agenda 10/07/03 blb
www.vbgov.com
I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 P.M.
SPSA Use of Landfill Property
Wade Kyle, Waste Management Administrator
.
Muhammad Trial Plans
David C Sullivan, Chief Information Officer
II REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
INFORMAL SESSION - Conference Room- 4:30 P.M.
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the prov~slons of The
Virgima Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of V~rginia requires a cemficauon by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which tlus certification resolution applies, and, (b) only such pubhc bus~ness matters
as were identffied in the motion convening this Closed Session were heard, discussed or
considered by Virg~ma Beach City Council.
H MAYOR'S PRESENTATION
1. Resolutmn In Recognlt~on of Charleston, S C re Humcane Isabel Recovery
WHEREAS, In 1989, tn the wake of Hurricane Hugo, the Mayor and City Manager
requested the V~rgtma Beach l~ohce Department to send forty Officers to assist Charleston, South
Carolina, with their recovery Two groups of officers relieved some of the Charleston personnel so they
could get some rest, go home and check on their ov~n famdy and property,
WHEREAS, Members of the Vtrg~nza Beach Fire Department, Department of Utthtles
and other volunteers also went to Charleston to assist their related departments,
WHEREAS, On September 19, 2003, following the devastation caused by Hurricane
Isabel, Mayor Joe Riley and Police Chtef Rueben Greenberg returned the favor by sending Charleston's
Emergency Response Team to assist Virginia Beach,
WHEREAS, The Emergency Response Team, made up of fifty-two officers, supervisors
and support personnel was totally self-sustatmng tn Vtrglnta Beach with a portable kitchen, food
supplies, tables, chairs and lighting as well as sleepmg accommodations,
N/H£REAS, They also brought a self-contained commumcattons system, a fall sized
mobile command post, a smaller command vehicle, satellite communications link-up, two Humvees, two
small aluminum boats, an air boat, two extra md~tary generators on traders, ten police vehicles, a fall
sized tour bus and a vehicle with spare parts and supplies, and,
N/HEREA$, This preparation enabled them to assist w~thout being a burden on already
stretched and scarce lXtrgtnta Beach resources
NOW, THEREFOR. E, BE IT RESOLVED that the Vtrgtnla Beach C, ty Council does
hereby acknowledge the invaluable support and professtonal service provided by Mayor Joe t~lley and the
Charleston Emergency Response Team tn the aJ~ermath of this devastating storm, and,
FUTHER, BE IT RESOLVED That this type of mutual cooperation ts part of our
.4mertcan tradition "lending a helping hand" to those tn need The City Councd, Administration and the
c~ttzens of Virginia Beach hereby express sincere gratitude to Mayor Joe R~ley, Police Chief Greenberg
and the fifty-two volunteers who lessened the burden of hurricane recovery, enhanced the management of
traffic and extended service to the more than 435, 000 Vlrgtma Beach citizens
Gtven under our hands and seals this Seventh day of October, 2003
Harry E Diezel, Councd Member
Margaret L Eure Council Member
Louts R Jones, Vice Mayor
Rlchard A Maddox, Council Member
Reba S McClanar~ Council Member
Jim Reeve, Councd Member
Peter W Schmtdt, Council Member
Ron A Vdlanueva, Council Member
Rosemary Wd.~on Council Member
dames L Wood, Council Member
Meyera E Oberndorf, Mayor
VI FORMAL SESSION -Council Chamber - 6:00 P.M
A. CALL TO ORDER- Mayor Meyera E Obemdorf
B INVOCATION:
Reverend Rack Hocker, Pastor
Freedom 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
September 23, 2003
G AGENDA FOR FORMAL SESSION
CONSENT AGENDA
o
.
o
ORDINANCES
Ordinance to AMEND §401 of City Zoning Ordinance (CZO) re farm stands as accessory uses
in the AG-1 and AG-2 Agricultural Zoning D~stncts
Ordinance re Non-B~ndlng Memorandum of Understanding (MOU) between Hampton Roads
Transit (HRT) and City of Virginia Beach re the negotlatmn process to acquire right-of-way from
Norfolk Southern Railway Company
Ordinance to AUTHORIZE a temporary encroachment, re constructing and matntalmng a
driveway and two (2) aprons on South Street and Independence Boulevard for Shore Ventures
Inc (District 4- Bayslde)
Ordinance to ACCEPT and APPROPRIATE $740,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2003-04 Operating Budget re
equipment and training support of the Urban Search and Rescue Team
Ordinance to TRANSFER $683,00 from Reserve for Contingencies ~n the FY 2003-04 Operating
Budget to support ehg~ble full-time employee merit pay increases from 3.65% to 4 05%
Ordinance to TRANSFER an ADVANCE of $100,000 re construction of restrooms at Croatan
Beach
o
Ordinance to TRANSFER $78,336 to the FY 2003-04 Operating Budget of the City Attorney re
ad&ng two (2) full time employee positions.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance
MEETING DATE: October 7, 2003
Background:
An Ordinance to amend Section 401 of the C~ty Zoning Ordinance pertaining to
farm stands as accessory uses in the AG-1 and AG-2 Agricultural Zoning
Distncts.
Section 401(b) of the C~ty Zoning Ordinance specifies allowable accessory uses
w~thin the AG-1 and AG-2 Agricultural D~stncts Subsection (1) of 401(b) prowdes
regulations for the use of a "roadside stand" on a parcel for the sale of
agricultural goods. The current regulations I,m~t the sale of ~tems from such a
stand to those produced by the operator of the stand and hm~ts the ~tems to
agricultural products, 50 percent of which by value must be grown by the
operator The current regulabons also hm~t the s~ze of the stand to 1,000 square
feet
The C~ty's Agricultural Advisory Committee has requested that these regulations
be modified to prowde greater opportumt~es to the agribusiness community ~n
V~rgmia Beach and to ,ncrease the ~nteraction between the northern and southern
parts of the city through the purchase of agricultural products from local rural
businesses
This item was deferred by the C~ty Council on September 9.
Considerations:
The amendments rewse the requirements pertaining to farm stands as follows
1. Allow farm stands to have 1,000 square feet of floor area devoted to retail
sales and d~splay and an addItional 1,500 square feet of storage or work
area,
2. L~mit the height of farm stands to 10 feet from ground to eaves,
3. Replace the requirement that at least 50 percent by value of the produce
sold be grown by the operator of the stand with the requirements that a
"substanbal port~on" of the ~tems sold be produced locally, and
4. Specify w~th greater particulanty the ~tems that may be sold and those that
may not be sold
Staff recommended approval. There was no oppos~bon to the request
City of V~rg~n~a Beach - Farmstands
Page 2 of 2
Recommendations:
The PlannIng Commission passed a mobon by a recorded vote of 11-0 to
approve the amendment
Attachments:
Staff Review
Ordinance
Planning Commission M~nutes
Recommended Action: Staff recommends approval Pland~ng Commission recommends
approval
Il.
Submitting Department/Agency: Planning Department~~
City Manager: (~'~.~ ~ .~~
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AN ORDINANCE TO AMEND SECTION 401 OF THE CITY
ZONING ORDINANCE, PERTAINING TO FARM STANDS AS
ACCESSORY USES IN THE AG-1 AND AG-2
AGRICULTURAL ZONING DISTRICTS
Section Amended' City Zoning Ordinance ~401
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 401 of the City Zoning Ordinance are hereby
amended and reordained to read as follows'
Sec. 401. Use Regulations [Agricultural Zoning Districts].
(b) Accessory uses and structures. Uses and structures which
are customarily accessory and clearly incidental and subordinate to
principal uses and structures, including but not limited to:
(1) In connection with agricultural use~, no more than one
roadside stand for sale of agricultural products ~r~
by the opezatoz of the zoadslde stand and related items
as set forth below, provided that-
(i) No such stand shall exceed one thousand (1,000)
square feet in floor area used for retail sales and
4isplay, have a total floor area in excess of two
thousand, five hundred (2,500) square feet or be
greater than ten (10) feet in heiqht as measured
from ground level to eaves;
(ii) No stand shall be erected within fifty (50) feet of
the property line fronting on any street;
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(iiz) The operator of the stand must be the owner or
operator of the agricultural property on which the
stand is located;
(iv) At least fifty {50) percent by value of the produce
A substantial portion of the items sold from the
stand shall have been grown, made or produced k~f
the operator of the roadside stand locally;
(v) Items sold shall be limited to farm produce,
locally-harvested seafood, ornamental plants,
flowers, hanging baskets, hand-crafted items,
veqetable plants, herbs, honey, maple syrup, jams,
jellies, locally-produced juices and cider,
relishes, pottery, baked goods, and similar items.
Items which shall not be sold include, without
limitation, tobacco products, alcoholic beverages,
clothinq, bottled or canned beverages except as
expressly allowed, pet and animal feed and
repackaqed goods.
COMMENT
The amendments revise the requirements pertaining to farm stands as follows:
1. Allow farm stands to have 1,000 square feet of floor area devoted to retail sales and
display and an additional 1,500 square feet of storage or work area;
2. Limit the height of farm stands to 10 feet from ground to eaves;
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Replace the requirement that at least 50% by value of the produce sold be grown by
the operator of the stand with the requirements that a "substantial portion" of the
items sold be produced locally; and
Specify with greater particularity the items which may be sold and those which may
not be sold.
Adopted by the City Council
Virginia, on this day of
CA-8929
wmm/ordres / farmstandordin, wpd
R-2
July 15, 2003
of the City of Virginia Beach,
, 2003.
APPROVED AS TO CONTENT:
D"eg~iartm~n~ df ~la~ing
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney' s Office
CITY OF VIRGINIA BEACH / # 32
August 13, 2003
Background:
Secbon 401(b) of the C~ty Z. on~ng Ordinance specifies allowable accessory uses w~th~n
the AG-1 and AG-2 Agricultural D~str~cts Subsection (1) of 401(b) prowdes regulabons
for the use of a "roadside stand" on a parcel for the sale of agricultural goods. The
current regulations hm~t the sale of ~tems from such a stand to those produced by the
operator of the stand and hm~ts the ~tems to agricultural products, 50 percent of which
by value must be grown by the operator. The current regulabons also hmit the size of
the stand to 1,000 square feet.
The City's Agricultural Advisory CommIttee has requested that these regulations be
modified to prowde greater opportunibes to the agribusiness community in Virginia
Beach and to ~ncrease the ~nteraction between the northern and southern parts of the
cIty through the purchase of agricultural products from local rural businesses.
Proposed Amendments:
An Ordinance to amend Section 401 of the City Zoning Ordinance pertaining to farm
stands as accessory uses ~n the AG-1 and AG-2 Agricultural Zoning Distr~cts.
The amendments revise the requirements pertaining to farm stands as follows
1. Allow farm stands to have 1,000 square feet of floor area devoted to retail sales
and d~splay and an additional 1,500 square feet of storage or work area,
2. Limit the height of farm stands to 10 feet from ground to eaves,
3 Replace the requirement that at least 50% by value of the produce sold be grown
by the operator of the stand with the requirements that a "substantial portion" of
the items sold be produced locally, and
4 Specify w~th greater particularity the ~tems that may be sold and those that may
not be sold
Planning Commission Agenda
August 13, 2003
CITY OF VIRGINIA BEACH I # 32,
Page 1
Evaluation:
Staff recommends approval of the proposed amendments The amendments will
provide ~ncreased opportun~bes for the c~ty's agribusiness community and enhance the
'draw' of the rural area of the c~ty to those ~n other portions of the c~ty
Planning Commission Agenda
August 13, 2003
CITY OF VIRGINIA BEACH I # 32
Page 2
Item #32
City of Virginia Beach
An ordinance to amend Section 401 of the City Zoning Ordinance
Pertmning to farm stands as accessory uses in the AG-1 and AG-2
Agricultural Zoning District
August 13, 2003
CONSENT
Dorothy Wood: The next item is Item #32, the City of Virginia Beach. An ordinance to
amend Section 401 of the City's Zoning Ordinance pertaining to farm stands as accessory
uses ~n the AG-1 and AG-2. Is there any opposition to this? Mr. Scott, would you please
talk about that for us.
Robert Scott: Yes ma'am. This is an ordinance that is brought to you by the Agricultural
Advisory Committee, whose job it is to look at these things as to their affect on the
agriculture industry in our City.. And they have made a suggestion for some changes that
would allow farm stands to have 1000 square feet of floor area for retail sales and an
additional 1,500 square feet for storage and work area; to limit their height to ten feet; to
replace the requirement that at least 50 percent of value of produce be grown by the
operator with a requirement that a substantial portion be produced locally (which is a
much better use of our limited enforcement resources); and to specify with greater
particularity the items, which may be sold and those that may not be sold. This comes to
you with the concurrence and support of the Agricultural Advisory Commission, and
accordingly, we recommend its approval.
Dorothy Wood: Thank you. I'd like to ask Mr. Horsley who is on the Agricultural
Advisory Committee. Did you have any comments on that sir?
Donald Horsley: Not really. The only thing that I might add is this request came from
some of the producers in the county asking that they be allowed to do some expanding of
their produce operations. And it came before the Agricultural Advisory Commission, and
we looked at it, along with the City Attorney and Planning staff and thought that these
changes were very worthy. They come with a unanimous recommendation from the
Agricultural Advisory Commission
Dorothy Wood: Mr. Ripley, I would move to approve number #32.
Ronald Ripley: So we have a motion by Dot Wood to approve. Do I have a second?
Seconded by Barry Knight. Any discussion? Let's call for the questmn.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD AYE
Ronald Rlpley: By a vote of 11-0 the motion carries.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Memorandum of Understanding
MEETING DATE: October 7, 2003
· Background:
The Norfolk Southern Railway Company is in the process of
discontinuing its freight service irt Virginia Beach. Once this service
has been terminated Norfolk Southern intends to sell its interest in its
rail right-of-way (approximately 15 miles in length) that extends from
Birdneck Road in Virginia Beach to Park Avenue in the City of Norfolk.
Although Norfolk Southern recognizes there may be several parties
interested in purchasing the right-of-way, it hopes to limit negotiations
for this sale to one primary negotiator. Norfolk Southern intends to
complete this transaction by the summer of 2004.
Considerations:
Hampton Roads Transit has entered into negotiations with Norfolk
Southern to purchase a portion of the rail right-of-way ( 4.6 mile
segment from Park Avenue in Norfolk to the Virginia Beach Corporate
limits). HRT hopes to acquire the right-of-way to accommodate the
proposed light rail project in Norfolk.
The City of Virginia Beach has also expressed an interest in purchasing
the rail right-of-way in Virginia Beach for future municipal and/or
transportation uses. Approximately 10.4 miles of the right-of-way is
located in Virginia Beach.
The City has expressed an interest in collaborating with HRT to
negotiate the purchase of the 10.4 mile segment in Virginia Beach. To
accomplish this, Virginia Beach and HRT have prepared the attached
Memorandum of Understanding (see Exhibit A to attached ordinance).
The Memorandum of Understanding sets forth the parameters that will
guide the negotiation process between HRT/Virginia Beach and Norfolk
Southern.
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Public Information: "
After negotiations are complete, the Council may solicit public input as
to how the right-of-way will be used.
Alternatives:
There are three basic alternatives for the Council to consider: 1)
Collaborate with HRT in the negotiation and purchase of the right-of-
way; 2) The City can negotiate on its own. This could present problems
in light of the fact that Norfolk Southern has expressed its desire to
conduct one negotiation; and 3) The City can choose to not purchase
the right-of-way.
Recommendations:
Staff recommends the City execute the Memorandum of Understanding
with HRT. The Norfolk Southern right-of-way is a valuable public asset
that, if lost, would be irreplaceable. The City, by owning the right-of-
way, can protect it for future public uses. Consequently, staff
recommends the City proceed with negotiations as defined in the
Memorandum of Understanding.
Attachments:
Three attachments are included for the Council's consideration: 1) The
Memorandum of Understanding which sets forth the parameters under
which the City and HRT will participate in the negotiation process to
purchase the Right-of-Way located in the City of Virginia Beach; 2) A
Summary of Terms of the Memorandum of Understanding; and 3) An
ordinance authorizing the City Manager to sign the Memorandum of
Understanding with HRT.
Recommended Action: Approval
Submitting Department/Agency: Planning Department
City Manager: (~
ORDINANCE APPROVING A NON-BINDING
MEMORANDUM OF UNDERSTANDING BETWEEN
HAMPTON ROADS TRANSIT AND THE CITY OF VIRGINIA
BEACH RELATING TO THE NEGOTIATION PROCESS TO
ACQUIRE RIGHT-OF-WAY FROM NORFOLK SOUTHERN
RAILWAY COMPANY
WHEREAS, Norfolk Southern Railway Company ("Norfolk Southern") ~s ~n the process
9 of abandomng ~ts freight servme rmkoad operation on ~ts raft hne extending from Park Avenue in
10 the City of Norfolk to Birdneck Road ~n the C~ty of V~rginia Beach, and intends to sell its
11 interest in the approximately 15-mile strip of right-of-way ("R~ght-of-Way").
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WHEREAS, Transportation District Commission of Hampton Roads, a body corporate
13 and politm created pursuant to the Transportation Distract Act of 1964, d/b/a as Hampton Roads
14 Transit ("HRT") and the C~ty, recognizing the potentxal value to the pubhc as an assembled
15 linear parcel, desire to preserve the Raght-of-Way as a continuous strip of property.
16
WHEREAS, HRT intends to acquire the approximately 4.6-mile segment of the Raght-of-
17 Way located ~n the C~ty of Norfolk for purposes of establishing a light rail passenger service
18 operation.
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WHEREAS, The Cotmcfl of the C~ty of Virginia Beach has an interest in purchasing the
20 approximately 10.4-mile segment of the Pdght-of-Way located in the City of Virginia Beach for
21 future mumcipal and/or transportation uses and other public purposes.
22
WHEREAS, Norfolk Southern desires to limit the negotiations for the purchase of the
23 Right-of-Way to one primary negotiator for the purchaser(s) and to sell its interest in the entire
24 Right-of-Way at the same time. The City of V~rg~nia Beach and I-IRT w~sh to accommodate
25 Norfolk Southern in these desxres.
26 W~IEREAS, HRT has already begun negotiations with Norfolk Southern on behalf of the
27 City of Norfolk and Norfolk State Umversity and has offered to facilitate negotiations between
28 Norfolk Southern and the City of Virginia Beach for the Right-of-Way located in Virginia Beach
29 and to act as the lead negotiator.
30 WHEREAS, the Council agrees that the City of Vlrgima Beach should enter ~nto a
31 Memorandum of Understanding setting forth the parameters relating to the negotiation process to
32 acquire the Right-of-Way located in the City of V~rginia Beach with HRT.
33 NOW, THE~FO~, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35 That the City Manager ~s hereby authorized and directed to sign on behalf of the
36 City of Vlrgima Beach, the Memorandum of Understanding w~th HRT in a form substantially as
37 presented and attached hereto as Exhibit "A".
38 Adopted by the Counml of the City of Virgnua Beach, Virginia, on the~ day of
39 ,2003.
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CA-8993
R-1
PREPARED 9/16/2003
F:~DataXATY~orms~Deeds\WORKING~lorfolk Southern Rt of Way\CA8993.ORD.doc
APPROVED AS TO CONTENT
2~Pubhc Works, Real Estate D~v~sxon
APPROVED AS TO LEGAL
Depah~ent of I~w ~
MEMORANDUM OF UNDERSTANDING
BETWEEN
HAMPTON ROADS TRANSIT AND
THE CITY OF VIRGINIA BEACH
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this
day of , 2003, by and between the Transportation District Commission of
Hampton Roads, a body corporate and politm created pursuant to the Transportatmn D~stnct Act
of 1964, d/b/a as Hampton Roads Transit ("HRT") and City of V~rgima Beach, a mumcipal
corporatmn of Vxrg~nla (the "City").
Recitals
A. Norfolk Southern Railway Company ("NS") ~s in the process of abandoning its
freight service railroad operation on its rani line extending from Park Avenue in the C~ty of
Norfolk to Birdneck Road in the City of V~rgima Beach. NS intends to sell its interest m the
approximately 15-male strip of fight-of-way (the "NS Right-of-Way").
B. HRT and the City each desire to preserve the NS Right-of-Way as a continuous
strip of property, recogmzmg its potential value to the pubhc as an assembled hnear parcel
C. HRT intends to acquire the approximately 4.6-mile segment of the NS Right-of-
Way located ~n the City of Norfolk for purposes of establishing a light rail passenger service
operation.
D. The City has an interest in purchasing the approximately 10.4-mile segment of the
NS Right-of-Way located m the City of Virginia Beach for future munimpal and/or
transportation use and other public purposes.
E. NS has stated its desire to hmit the negotiations for the purchase of the NS Right-
of-Way to one primary negotiator for the purchaser(s). NS also desires to sell ~ts ~nterest ~n the
entire line of the NS Right-of-Way at one time, w~th an agreement to be reached by the end of
2003 and a sale to occur by the summer of 2004 Accordingly, the C~ty and I-IRT wmh to
accommodate NS ~n these desires.
F. HRT has already begun negotiations with NS on behalf of the City of Norfolk and
Norfolk State University and has offered to facilitate negotiations between NS and the City for
the NS Right-of Way located ~n Virgnnia Beach and to act as the lead negotiator.
G. HRT supports the City's desire to acquire the Virginia Beach segment of the NS
Pdght-of-Way, and to that end, HRT and the City enter into th~s Memorandum of Understanding
setting forth the parameters relating to the process to acquire the NS Right-of-Way from NS.
NOW, THEREFORE, in consideration of the mutual premises and agreements contained herein,
and other good and valuable consideratmn, the receipt and sufficiency of which are hereby
acknowledged by both parties, the parties agree as follows'
.
1. Process for Negotiating for Purchase of NS Right-of-Way with NS.
HRT, the City and the prospective purchasers of the Norfolk segment of the NS Right-of-
Way will form a united negotiating team. HRT w~ll act as the lead agency in the negotiations
with NS relating to the acquisitmn of the entire NS R~ght-of-Way, including the portmn
located in Virginia Beach. The City will be directly ~nvolved in the negotiations and the
acquisition process; however the City will not have any Independent contact with NS
regarding this specific acquisition while HRT ~s ~nvolved in ~ts dmcusslons with NS on behalf
of prospective Norfolk and Virgama Beach purchasers. HRT w~ll not make any offers,
concede any terms of sale, or refuse any counteroffers on behalf of the City or otherwise
affect the bargaining position of the City without the expressed consent of the City through
its designated contact person. The City is not required to buy the NS Right-of-Way if the
parties are unable to negotiate a price and terms that are acceptable to the City. The goal of
these negotiations is to allow the City to successfully purchase the Vlrgtma Beach segment of
the NS Right-of-Way, and HRT shall not take any action that operates against this purpose.
As to the Virgima Beach segment of the NS K~ght-of Way, HRT will not act as a negotiator
for any competing prospective purchaser. In the event the C~ty is unable or unwilling to
purchase the V~rgama Beach segment, HRT may purchase the segment; provided, however,
that the C~ty has first informed HRT m writing that ~t no longer intends to purchase all or any
part of the Virginia Beach segment of the NS R~ght-of-Way. Designated contacts for each
party are set forth below:
HRT
Ms. Jayne Whitney
Chief Development Officer
Hampton Roads Transit
3400 Victoria Boulevard
Hampton, VA 23661
757-222-6000 X6084
,jwhitney(~hrtransit.org
City of Virginia Beach
Jim Lawson
City Real Estate Agent
Department of Public
Works/Real Estate
2405 Courthouse Drive
Building #2, Suite 392
Virgania Beach, VA 23456
757-427-8387
,ilawson~vbgov.com
Appraisal.
In 2000, HRT and NS obtmned an appraisal of the entire NS Right-of-Way. NS has agreed
to pay for an update of the appraisal to bnng ~t current. It ~s anticipated that the updated
apprmsal w~ll be completed dunng the summer of 2003. HRT and NS have agreed that the
updated apprmsal value will serve as a ceiling for purposes of negotiating a purchase price
for the entire NS Right-of-Way. The City retains the right to obtain its own appraisal, but the
City ~s under no obhgation to do so.
When the 2000 appraisal was performed, the rml assets, e.g., t~es, rail, etc. (the "Rail
Infrastructure") were also appraised. With NS's pending line abandonment ~t ~s expected that
the Rail Infrastructure has no value and, thus, w~ll not ~mpact the final purchase price of the
NS R~ght-of-Way.
3. Surveys, T~tle Work, Environmental Site Assessments and Legal Costs Dunng the
Negotiations.
During the negotiations for the purchase of the NS Right-of-Way, the C~ty will bear the cost
of obtmmng title work and environmental s~te assessments ("ESAs") on the Virglma Beach
segment of the NS Right-of-Way, should the C~ty decide title work and ESAs are necessary;
HRT will bear the cost of an encroachment survey of the entire NS Raght-of-Way, including
that port~on of the NS Right-of-Way that is in Virginia Beach. HRT and the C~ty w~ll each
bear their own legal costs. HRT may not retain or perform title work, ESAs, or any legal
services for the City at the C~ty's expense without the City's advance written authorization.
HRT will provide the City copies of all documents ~t may have ~n its possession pertmning to
the t~tle or environmental condition of the Virgima Beach segment of the NS Right-of-Way,
including w~thout limitation old t~tle reports, surveys, deeds or previous site studies.
The City will not be responsible for any costs or expenses of any k~nd pertmning to the
Norfolk segment of the NS Right-of-Way.
4. Process for Acquiring the NS Right of Way
After negotiating a purchase price for the entire NS Right-of-Way, there remains the task of
actually acquinng the lxne. Because it ~s NS's stated desire to sell ~ts interest in the entire
line at one nme, the City understands that it may be required to fund ~ts share of the purchase
price (to be determined in the negotiations with NS) at the same time the purchaser of the
Norfolk segment funds its share. However, the City is free to pursue, ~n accordance with the
process set forth ~n Paragraph 1 of this Memorandum of Understanding, alternative payment
arrangements w~th NS as part of the negotiations, such as an installment plan, lease/purchase,
or other finanmal plan.
5. Timetable for Negotiation for and Acquisition of the Right of Way
If, by the Target Date (defined below) HRT has not successfully famlitated an agreement
between the City and NS, then the C~ty may (upon notice to HRT in writing) terminate this
Memorandum of Understanding and pursue negotiations directly with NS for the acqmsition
of the segment of the NS Right-of-Way located in Virginia Beach. Prior to the Target Date,
the C~ty may pursue negotiations directly with NS for the acquisition of the segment of the
NS Right-of-Way located ~n Virginia Beach only if I-IRT has first notffied the City in writing
that it has abandoned active pursuit of an agreement with NS to purchase the NS R~ght-of-
Way on behalf of the City. The term "Target Date" means the date thxrty (30) months after
the final executmn of th~s Memorandum of Understanding.
6. Disposition of the Virginia Beach Portion of the Right of Way
The parties recognize a mutual desire to preserve the option of transportation uses on the NS
Right-of-Way, and they recognize HRT's strong interest in preserving the potential for light
rml to be installed on the NS Right-of-Way in Virginia Beach, should the City decide In the
future to pursue a light rail project. In light of these considerations, should the City purchase
the Virginia Beach segment of the NS Pdght-of-Way, the City will consult with HRT to
minimize the impact on potential future mass transportation uses before selling or
significantly disturbing the integrity of the NS Pdght-of-Way. For example, if the City
decides to install a bicycle or pedestrian path, horseback-riding trail, or paved street on its
portion of the NS Right-of-Way, the City will consult with HRT before doing so, to
determine the impact of such use on the potential for light rail or other mass transportation
options, and to discuss w~th HRT options to preserve sufficient room for light raul potential if
the NS Right-of-Way can accommodate multiple uses.
Nothing in th~s Memorandum of Understanding, however, shall obligate the City to pursue
hght rml or any other use or gave HRT any control over how the City uses the NS Right-of-
Way after the City acquires it
7. Application for Credit Toward Future Mass Transportation Projects.
The City may, at any time upon written notice to I-IRT, apply to the appropriate agency to
have (1) the monies paid by the City for the purchase of the NS Right-of-Way, or (2) the
then-determined value of any easement, leasehold interest or fee interest contributed to any
future mass transportation project, at the C~ty's sole discretion, credited towards the City's
local share (local match) of any mass transportation system that might be developed on the
NS Right-of-Way m the furore. HRT will cooperate with such application in order to
facilitate such credit.
8. Maintenance of the Right of Way after Acquisition/Lease
Upon acqumng the Norfolk portion of the line, HRT will assume full responsibility for
maintenance and security of the Norfolk section of the NS Right-of-Way. Upon acquiring
title and/or right of exclusive possession of the section of the NS Right-of-Way located in
Vlrg~ma Beach, the City will assume all responsibility for the maintenance and security of
the NS Right-of-Way in Virginia Beach, including but not hmited to vegetation control and
encroachment prevention and remediation. After acquisition, the City shall have no
responsibihty for the maintenance of the rail assets including ties, rails, crossing protection,
etc. Once abandonment of the rml freight operatmn is officially granted, the City agrees to
consult with HRT before removing or paving over any rail crossing, in accordance with
Paragraph 6 of this Memorandum. To the extent provided in the property sales agreement,
the City will receive all revenues generated by easements, license agreements, etc. related to
third party use of the right of way located m Virginia Beach. The City agrees to consult with
HRT before e,ntering into any new easement-type agreements, including renewal of any
existing easements or use agreements.
This Memorandum of Understanding may reqmre modification in the future and is intended
to reflect the understandings between the parties as of the date of this Memorandum of
Understanding.
IN WITNESS WHEREOF, the part~es have caused this Memorandum of Understanding to
be executed as of the date first written above.
ATTEST/WITNESS:
CITY OF VIRGINIA BEACH,
a mumclpal corporation of Virginia
City Clerk
(Seal) By:
City Manager/Authorized
Designee of City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Ci~ A'ttomey' s-Off~ce ~
APPROVED AS TO CONTENT
c
~ublic Works/Real Estate
APPROVED AS TO
AVAILABILITY OF FUNDS
Manage~ent]Sermces - -
ATTEST/WITNESS:
(Seal)
Secretary
Transportation D~stfict Commission
Of Hampton Roads
Transportation District Commission
Of Hampton Roads
By: (Seal)
Michael S. Townes
President/CEO
F kDatakATY~orms\Deeds\WORKING\Norfolk Southem Rt of WayWIOU w~th HRT 1 doc
C ~Documents and Sett~ngsh'kubm~ocal Setungs\Temp\GWV~ewerWIOUmsert re term~nauon2 doc
Attachment A
Preliminary Timetable for Right of Way Negotiations with Norfolk Southern
July 2003
(1) Identafy key buy/sell/lease points- Week I
(2) Structure proposals to RR- Weeks 2 through 6
(3) Review ophons/variataons on basic purchase/lease proposals - Weeks 6
through 10
(4) Present key proposal/contract concep.ts to I-IRT - Week 12
(5) Refine strategic plan- Weeks 13 through 15
(6) Review cost imphcahons - Weeks 13 through 15
(7) Enter RR negotaations - Week 16
(8) Support RR negotiataons - Weeks 16 through 18
(9) Develop term sheet- Week 19
(10) Draft agreement - Week 20
(11) Submit agreement to RR - Week 21
(12) Revise agreement based on RR comment and resubmit- Week 24
(13) Finalize agreement- Week 30
NOTE: Final execution of the agreement with Norfolk Southern is subject to the
successful completion of Norfolk Southern's petition to the Surface Transportation
Board (STB) to abandon service on the Virginia Beach Line in the Cities of Norfolk and
Virginia Beach.
SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANING
Parties
HRT and the City of V~rg~rna Beach
purpose:
To set forth a cooperative procedure for negotiating w~th Norfolk Southern
Rmlway Company for the purchase of approximately 15 miles of right-of-
way ~n Virginia Beach.
Process:
HRT will be the lead negotiator, but the City wall be "at the table" and a
part of all negot~atmns. HRT wall not make any offers or affect the C~ty's
bargmmng pos~t~on ~n any manner without the C~ty's express consent
The C~ty will not be required to buy the property, and wall only purchase ~t
on terms and condxt~ons it specxfically agrees to.
Because Norfolk Southern want to sell the entire property in one
transaction, if an agreement is reached, the City may be required to pay
the purchase price at the same time the purchaser of the Norfolk segment
pays its share. Payment terms are negotiable, however.
Costs:
The City will pay for obtmnmg any title work or environmental site
assessments ~f the City dec~des they are necessary. HRT will pay for an
encroachment survey of the right-of-way ~n Vrrginia Beach. Each party
wall bear its own legal costs. The C~ty wall not pay for any costs
assomated w~th the sale of the Norfolk segment of the right-of-way.
Termination:
The agreement terminates after 30 months if no purchase agreement has
been reached. Until that time, the City may not ~ndependently negotiate
w~th Norfolk Southern.
No restrictions on future use of property:
HRT has no control over the C~ty's future use of the property. The C~ty
does agree to consult with HR to mirnm~ze the impact on potential future
transportatmn uses before selhng or s~gnificantly disturbing the integrity
of the right-of-way.
CA-8993
F \DataXATY~Foms~eeds\WORKINGkNoffolk Southern Rt of WayKSUMMARY OF TERMS OF MEMORANDUM OF
UNDERSTANING doc
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Encroachment Request for Shore Ventures, Inc., at Independence
Boulevard and South Street (unimproved)
MEETING DATE: October 7, 2003
Background: Shore Ventures, Inc. has requested permission to encroach into a
portion of the city's right-of-way for South Street, which is an unimproved paper
street, at the intersection with Independence Boulevard. The purpose of this
encroachment is to construct a driveway and two (2) aprons for access to two (2)
proposed dwellings on the south side of South Street.
Considerations: Staff has reviewed this request and has no objections to this
encroachment from an operational and maintenance standpoint, prowded that the
applicant submit, for review and approval, a site plan to Planning/Development
Services Center (DSC), and the improvements to the right-of-way for South Street
must meet minimum city standards.
Public Information: Advertisement of City Council Agenda.
Alternatives: Approve the encroachment as requested, deny the encroachment,
or add conditions as desired by Council.
Recommendations: Staff recommends approval of this encroachment subject to
the applicant complying with conditions set forth in the agreement. Authorize City
Manager to sign agreement.
Attachments: Ordinance', Location map, Agreement with plat attached, photos
Recommended Action: Approve request and authorize City Manager to sign agreement
Submitting DepartmentJAgen_cy: Public Works ~.~' 5~ ~
City Manager:
Requested by Department of Public Works
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO
AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A
PORTION OF THE CITY'S
RIGHT-OF-WAY OF SOUTH
STREET (UNIMPROVED) BY
SHORE VENTURES, INC., A
VIRGINIA CORPORATION, ITS
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
12
WHEREAS, SHORE VENTURES, INC., a Virginia corporation, desires to
construct and maintain a driveway and two (2) aprons for access to two (2) proposed
dwellings upon the City's right-of-way known as South Street (unimproved).
15
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon
the City's right-of-way subject to such terms and conditions as Council may prescribe.
18
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, SHORE VENTURES, INC., a
22 Virginia corporation, its heirs, assigns and successors in title is authorized to construct and
maintain a temporary encroachment for a driveway and two (2) aprons for access to two
24
25
(2) proposed dwellings upon the City's right-of-way South Street (unimproved) as shown
on that certain plat entitled' "SOUTH ST. & INDEPENDENCE BLVD. PART OF LOTS 1
26
27
& 2, BLOCK 7 GPIN · 1479-41-1512 C. H. FENTRESS (M.B. 7, PT. 2, PG. 125)", a copy
of which is on file in the Department of Public Works and to which reference is made for
28 a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
subject to those terms, conditions and criteria contained ~n the Agreement between the City
3 ~. of Virginia Beach and SHORE VENTURES, INC., a Virginia corporation (the "Agreement"),
which is attached hereto and incorporated by reference; and
33
BE IT FURTHER ORDAINED, that the City Manager or his authorized
designee is hereby authorized to execute the Agreement; and
35
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as SHORE VENTURES, INC., a Virginia corporation and the City Manager or
his authorized designee execute the Agreement.
38
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~
day of ,2003.
4O
41
42
43
44
A~ROVED AS TO CONTENTS
S I ~NATURE
DEPARTMERT
45
46
47
48
49
5O
51
CA- 8955
PREPARED. August 14, 2003
H.\WP8\KEN NEDY~ENCS~shoreventures.ord.wpd
APPROVED AS TO LEGAL
o
GPIN
1479.47.7512
LOTS 1 & 2
\ \x
\ \ \\~,,. /
LOCATION
MAP FOR
FOR
ENCROACHMENT
SHORE VENTURES, INC. ~.
SE CORNER OF INDEPENDENCE BLVD.
& SOUTH ST.
V. v " 2 ,Z z ~'~
.o ~ .- SCALE' I = 00
SHORE VENTURES DGN M J S PREPARED BY P/~/V ENG C. ADD DEFT JULY 23,2003
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58.1-811 (a)(3) AND 58 1-811 (c)(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this day of ~L~, ,
,.~
20Q~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, "City", and SHORE VENTURES, INC.,
a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
W I T N E S S E T H:
THAT, WHEREAS, the Grantee is the owner of that certain
lot, tract or parcel of land designated and described as: "Lots
1 & 2, Block 7, Plat of C.H. Fentress Property, M.B. 7, PG. 125",
and being further designated and described as being on the south
side of South Street (unimproved) at the intersection with
Independence Blvd., in the Bayside District, Virginia Beach, VA;
and
WHEREAS, it is proposed by the Grantee to construct and
maintain a driveway and two (2) aprons for access to two (2)
proposed dwellings on the south side of South Street
(unimproved), a "Temporary Encroachment" in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City right-of-way known as South Street
(unimproved), the "Encroachment Area"; and the Grantee has
GPIN: 1479-41-1512
requested that the City permit a Temporary Encroachment within
the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee and for
the further consideration of One Dollar ($1.00), in hand paid to
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing, and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of
Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to-
wit:
A Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled:
"SOUTH ST. & INDEPENDENCE BLVD. PART OF LOTS 1
& 2, BLOCK 7 GPIN: 1479-41-1512 C.H. FENTRESS
(M.B. 7, PT. 2, PG. 125)", a copy of which is
attached hereto as Exhibit "A" to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized terminates upon notice
by the City to the Grantee, and that within thirty (30) days
after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood ~nd agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee agrees that no open cut of the public roadway will be
allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division
of the Department of Public Works for final approval.
It is further expressly understood and agreed that the
Grantee must obtain a right-of-way permit from the Development
Services Center of the Planning Department prior to commencing
any construction within the Encroachment Area.
It is further expressly understood and agreed that a
Site Plan must be submitted to the Development Services Center of
the Planning Department, for review and approval, for the right-
of-way improvements to South Street (unimproved) , and that
,
3
proposed right-of-way improvements to South Street (unimproved)
must comply with minimum City standards for subdivision streets.
It is further expressly understood and agreed that prior
to the issuance of a permit the Grantee must post a performance
bond or other form of surety, approved by the Development
Services Center of the Planning Department, in accordance with
its engineer's cost estimate.
It is further expressly understood and agreed that the
Grantee agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of
such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the
Temporary Encroachment must conform to the minimum setback
requirements as established by the City Zoning Ordinance.
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Department of Public Utilities.
It is further expressly understood and agreed that the
City, upon revocation of such authority and permission so
granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner
provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and,
pending such removal, the City may charge the Grantee for the use
of the Encroachment Area the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
Grantee; and, if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, the said SHORE VENTURES, INC., a
Virginia corporation, has caused this Agreement to be executed in
its corporate name and on its behalf by its president. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
5
( SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this
SHORE VENTURES, INC.
a Virginia corpo~
Michael Megge,/P~e~ident
The foregoing instrument was acknowledged before me
day of , 20 , by
, City Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
, City Clerk/Authorized
Designee of the City Clerk, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
i My Commission E, xpires:
Notary Public
STATE OF Y~ ~ K37~
c~/co~~ o~ v~,~.?~_~A ,~ to-w~:
The foregoing instrument was acknowledged before me
this ~ day of ~~/~ , 20 ~3
by
Michael Megge, President, on behalf of SHORE VENTURES, INC., a
Virginia corporation.
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
- CITY ATTORNEY
APPROVED AS TO CONTENT
~r/~ ~ITY REAL ESTATE AGENT
20'
'3
cONCREtE
LOT 18
BLK-7
7,505 $0. FT
OR O ~722 AC
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PART OF
LOT 3; BLOCK 7
GPIN'
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OR o. 1901 AC.
LOCATION MAP
SCALE 1"= 2000'
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CO~¢RFT~
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NO iNGRESS/
'EGRESS EASEMENF
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COMMENTS
Wpl
CMl Engineers
Land Surveyors Land Planners
La'xbcape Ncfl~tects 757 431 1041
p~o~ ~o 202-1755
sheet 1 of 1
drawing no C
SOUTH ST. & INDEPENDENCE BLVD.
PART OF LOTS 1 & 2, BLOCK 7
GPIN-. 1479-41-1512
C.H. FENTRESS (~. ~ ~,
scale
drawing t~tle
ENCROACHMENT AGREEMENT PLAT
SOUTH STREET LOOKING
EAST FROM INDEPENDENCE
BLVD
//2
SOUTH STREET LOOKING
AT INDEPENDENCE BLVD
#3
SOUTH STREET
LOOKING EAST
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: FEMA US&R Task Force Cooperative Agreement
MEETING DATE: October 7, 2003
Background:
The Federal Emergency Management Agency provides annual funding to Virginia Task Force
2 to maintain both equipment and personnel resources in a high state of operational
readiness. Recent requirements to increase capabilities to include response to Weapons of
Mass Destruction events have expanded training, equipment and management responsibilities
within the team. The City of Virginia Beach is the sponsoring agency for VA-TF2 and
responsible for fiscal and administrative management of the team.
Considerations:
The City will receive $740,000 in annual funding for this grant. No local match is required.
Funding is significantly h~gher than previous years to accommodate the hidng of two full time
and two part time employees to perform project management (1.0 FTE), administrative support
(1.0 FTE), training (.625 FTE) and logistics functions (.625 FTE). The 3.25 FTE are approved
for the duration of the grant and will not be supplanted by city funds if the grant funding
diminishes. In addit,on, funds are slated to lease both office and storage space for the new
employees and the team cache of supplies and equipment. A portion of the grant is specifically
designated for a study to evaluate potential sites for a permanent cache storage facility.
Remaimng funds are dedicated to team member training, equipment repair and/or replacement
and new equipment purchases as directed by FEMA.
Public Information:
Public Information will be handled through the normal Council agenda process.
Alternatives:
Without accepting this funding, the City would not be able to financially support this team to the
extent now required by FEMA.
Recommendations:
Appropriate $740,000 for management and maIntenance of Virginia Task Force 2, Urban
Search and Rescue Team.
Attachments:
Grant Award Letter
Ordinance
Recommended Action: Approve
Submitting Department/Agency: Fire Department
City Manager: ~ ~(-. · ~'~1~
F ~l)ata~ATY~Ordm~NONCODE~FEMArescuearf. wlxi
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$740,000 FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY TO THE FIRE DEPARTMENT'S FY 2003-04
OPERATING BUDGET FOR EQUIPMENT AND TRAINING
SUPPORT OF THE URBAN SEARCH AND RESCUE TEAM
WHEREAS, the Federal Emergency Management Agency has increased
7 the financial commitment to the Urban Search and Rescue Teams and
8 has approved personnel expenditures for team management and
9 coordination.
10
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, Virginia:
12
13
14
15
16
17
18
19
2O
21
22
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24
1. That $740,000 in grant funds is hereby accepted from the
Federal Emergency Management Agency and appropriated to
the Fire Department's FY 2003-04 Operating Budget, for
equipment and training support of the urban search and
rescue team.
2. That 3.25 full-time employees (FTE) are approved in
conjunction with this grant, to include a full-time
coordinator position (1.0 FTE), a full-time clerical
position (1.0 FTE), a part-time logistician (.625 FTE),
and a part-time training coordinator (.625 FTE).
3. That the new positions established by this ordinance are
conditioned upon continued grant funding.
4. That federal revenue is increased by $740,000.
25 Adopted by the Council of the City of Virginia Beach, Virginia
26 on the day of , 2003.
CA-9014
Ordin/Noncode / FEMAre s cueord, wpd
R-1
September 24, 2003
Approved as to Content
Management Services
Approved as to Legal
Sufficiency
d[ty Attorn~'s Off~ce
Federal Emergency Management Agency
Washington, D.C. 20472
January 14, 2003
Mark I. Piland
City of Virginia Beach
2408 Courthouse Drive
Virginia Beach, VA 23456-9065
Dear Mr. Piland:
We are pleased to inform you that your Application for the US&aK Weapons of Mass
Destruction (WMD) grant program for fiscal year 2002 has been approved in the amount
of $740,000. Four copies of the award document, FF 40-21, for Cooperative Agreement
No. EMW-2003-CA-0067 are enclosed.
Please sign, or have an authorized official sign, and remm three (3) copies of the award
document to the address below as soon as possible:
Federal Emergency Management Agency
Office of Financial Management
Grants Management Branch
500 C. Street, SW, Room 350
Washington, DC 20472
Attn: Lisa A. Lewis
The fourth copy of the agreement is for your use pending receipt of the fully executed
copy.
Please make sure that you have read and understand the enclosed Agreement Articles.
Signature on the FEMA Form 40-21 represents agreement to these articles.
Should you have any questions concerning this award, please contact me at
(202) 646-4572.
Sincerely,
Lisa A. Lewis
Enclosures
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Increase Employee Merit Pay from 3.65% to 4.05%
in FY 2003-2004
MEETING DATE: October 7, 2003
Background:
When the FY 2003-2004 Operating Budget was adopted, the cost of employee
health insurance for calendar year 2004 had not yet been determined. A reserve
was set aside in anticipation of a 15% increase in employee health insurance costs.
The rates for plan year 2004 have r~ow been set and the increase was lower than
anticipated.
Considerations:
$683,000 is available in the Reserve for Contingencies for employee-benefit-related
uses.
Public Information:
Public Information will be handled through the normal Council agenda notification
process.
Alternatives:
Eight options were presented to City Council at a briefing on September 23, 2003.
The available funds could be used to fund:
1. Offset increases in VRS retirement & life insurance
2. Health insurance reserve
3. Increased merit
4. Additional compression adjustment
5. Additional coverage for dependent tiers
6. Additional holiday opportunities
7. One-time bonus to employees
8. Enhanced wellness programs
Recommendations:
City Council decided to raise the rate of employee medt pay increases from 3.65%
to 4.05%, effective July 1,2003.
Attachments:
Ordinance
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Department of Management Service~/~~
City Manager:
F ~DataXATYXOrdtnXlqONCODE~ncntarf wlxl
10
12
13
AN ORDINANCE TO TRANSFER $683,000 FROM RESERVE
FOR CONTINGENCIES IN THE FY 2003-2004
OPERATING BUDGET TO INCREASE EMPLOYEE MERIT
PAY
WHEREAS, Employee health insurance costs for Plan Year 2004
are less than anticipated, thus making additional employee-benefit-
related funds available.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $683,000 in the Reserve for Contingencies is hereby
transferred within the FY 2003-04 Operating Budget to permit
raising the rate of employee merit pay increases from 3.65% to
4.05% for all eligible full-time employees.
2. That this ordinance shall be effective retroactively to
July 1, 2003.
3O
3!
Adopted by the Council of the City of Virginia Beach, Virginia
on the 7th day of October, 2003.
CA-9015
Ordin/Noncode/Meritord. wpd
R-1
September 24, 2003
APPROVED AS TO CONTENT'
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City AttOrney' s' Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Transfer of $100,000 to Advance Construction of Public
Restroom Facilities at Croatan Beach
MEETING DATE: October 7, 2003
Background: The FY 2003/2004 Capital Improvement Program includes a new
project (~4-040) "Pendleton Parking Lot Expansion/Restroom Facilities" for Croatan
Beach. This ordinance relates solely to providing $100,000 in funding for a new
public restroom facility.
Considerations: It was the intent of Council to have the new restroom facility open
during the 2004 summer season. The CIP currently provides $532,500 over two
fiscal years: $250,000 in FY2003/2004 and $282,500 in FY 2004/2005. However,
to construct the restroom facility on time, $350,000 is needed in the current fiscal
year; therefore, an additional $100,000 needs to be transferred to the project.
Public Information: Public information will be handled through the normal Council
Agenda notification process.
Alternatives: There are two alternatives:
.
Approve the attached appropriation ordinance for the additional $100,000 this
fiscal year.
.
Provide no additional funding this fiscal year. During this FY, only do the
design work for both the restrooms and the parking lot expansion. Then during
the development of the FY 2004/2005 CIP, the project funding can be revised
as necessary per current construction estimates based on that design work
When the balance of the project funding ~s approved for FY 2004~2005,
construction on both the restrooms and parking lot could commence w~th a
completion prior to the 2005 summer season.
Recommendation: Approval of proposed ordinance.
· Attachments: Appropriation ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:~~/~_,~~
F ~Data~TY~Ord~nhNONCODE\croatanres~a'~arf wpd
AN ORDINANCE TO ADVANCE CONSTRUCTION OF
RESTROOM FACILITIES AT CROATAN BEACH BY
TRANSFERRING $100,000 FROM CAPITAL
PROJECT #3-038 TO CAPITAL PROJECT %4-040
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 1. That, to advance the construction cf restroom
8 facilities at Croatan Beach, $100,000'is hereby transferred
9 from capital project %3-038, Various Buildings Rehabilitation
10 and Renewal, to capital project 94-040, Pendleton Parking Lot
11 Expansion/Public Restroom Facilities.
12 2. That the City Council hereby expresses its intent
13 that the $100,000 transferred from capital project #3-038 be
14 restored in the FY 2004-05 capital budget.
15 Adopted by the Council of the City of Virginia Beach,
16 Virginia, on the day of , 2003.
CA-8987
Ordin/Noncode/croatanrestrmord.wpd
R-4 - September 29, 2003
APPROVED AS TO CONTENT:
~Manage~efi~ Services
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney~ Offi~c[
IITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
Ordinance to Add Two Full-Time Employee Posit~ons and Transfer
$78,336 to the FY 2003-04 Operating Budget of the City Attorney's Office
MEETING DATE: October 7, 2003
Background: The proposed ordinance provides the following two new posit~ons
in the Office of the City Attorney:
(1) An Office Assistant II position. The City Council, by resolution dated
August 12, 2003, transferred the responsibilities for responding to Freedom of
Information Act ("FOIA") requests to the City Attorney. A FOIA office was
established and an existing Legal Secretary II was relocated from the Office's
Policy and Administration section to provide staffing for th~s new office. The
requested Office Assistant II position will replace the Legal Secretary II position.
(2) A Senior Attorney position for commercial real estate work. The rapid
~ncrease in real estate development matters has created a need for an additional
experienced real estate attorney. In particular, this position is necessary to
manage existing projects and ~ncrease the Office's ability to do more of this
specialized work in-house.
Considerations: Adding these positions to the City Attorney's Office will require
a transfer of $78,336 to its FY2003-04 Operating Budget from the Reserve for
Contingencies. The $78,336 represents the combined costs of salary, health
care and other fringe benefits for these two positions.
Recommendation: Approval of proposed ordinance.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: City Attorney's Office
City Manager:
F:kDatakATY~OrdinkNONC 0DE\cityattomeyt~earf. doc
AN ORDINANCE TO ADD TWO FULL-TIME
EMPLOYEE POSITIONS AND TRANSFER
$78,336 TO THE FY 2003-04 OPERATING
BUDGET OF THE CITY ATTORNEY'S OFFICE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1. That the following full-time employee positions are
13 hereby established in the City Attorney's FY 2003-04 Operating
14 Budget at a total cost of $78,336 for the remainder of this fiscal
15 year:
16
a. Senior City Attorney
17
b. Office Assistant II
18
2. That $78,336 is hereby transferred to the City
19 Attorney's FY 2003-04 Operating Budget from the Reserve for
20 Contingencies (Regular) to fund the positions authorized by this
21 ordinance.
22
23
24 Virginia, on the day of
25
26 CA-9019
27 ordin/noncode/Clty Attorney REFTE.ord.wpd
28 October 1, 2003
29 Ri
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32 APPROVED AS TO CONTENT:
33
37 ~anage~entI Services
Adopted by the Council of the City of Virginia Beach,
, 2003.
APPROVED AS TO LEGAL
SUFFICIENCY:
K APPOINTMENTS
AGRICULTURE ADVISORY COMMISSION
HISTORICAL REVIEW BOARD
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
L. UNFINISHED BUSINESS
M NEW BUSINESS
N. ADJOURNMENT
I
· I I I II I'
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF SEPTEMBER, 2003
Ctty, et al. v Adams Outdoor Advertistng, L P - Billboard stat
Kemp Enterprtses, Inc. v The Ctty of Vtrgtnia Beach - Challenge to ordinance and municipal
authority
Ctty of Virgtnta Beach v 18 Southwest, Inc., dba Envy Bar and Grtll, and John Leonard
Lewts- Challenge to ordinance and municipal authority
Commtssioner of Revenue v Kids Cove, Inc -Collections
Allstate Insurance Company as subrogee of Jennifer Fuller v Ctty of Vtrgtnta Beach
Department of Public Ut:littes - negligence
Note: Disposition details available on request from the City Attorney's Office
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
¥
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C E S L
DATE September 23, 2003 D C M R C A W
PAGE 1 ! J L A N R H N I
E E O A D D E M U L W
Z U N N D O E I E S O
AGENDA E R E A O R V D V O O
ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D
,,,
I CITY MANAGER'S BRIEFINGS
ADD CITY MANAGER/STAFF BRIEFING RE James K Spore, City
ON HURRICANE ISABEL Manager
Clarence O
Wamstaff, Interim
Chief Operating
Officer
Gregory B Cade,
F~re Ch:ef
A CHESAPEAKE BAY PRESERVATION Clay Bemmk,
ORDINANCE AMENDMENT Environmental
Mgnat Programs
Admm, Planmng
Dept
B HEALTH CARE RESERVE - FY 2004 PLAN Susan D Walston,
Chief of Staff
F MINUTES - INFORMAL AND FORMAL APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y
SESSIONS September 9, 2003 B
S
T
A
I
N
D
G/H PUBLIC HEARINGS
1 2004 COMMUNITY LEGISLATIVE PACKAGE 2 SPEAKERS
2 PRECINCT BOUNDARIES and PLACES NO SPEAKERS
a Create new precincts and polhng places
b Modify premnct boundaries
c Change ex:sting precinct names and
polhng places
3 EXCESS PROPERTY - 1876 Wildwood Drive NO SPEAKERS
I/J/1 Ordinance to AMEND § 10-I of C~ty Code re ADOPTED I 1-0 Y Y Y Y Y Y Y Y Y Y Y
Create new precincts and polling places
a Modify precinct boundaries
b Change ex~stmg precinct names and polling places
c
2 Ordinance to AMEND §§ 35-70 thru 35-74 of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
City Code re real estate tax/ part~al exemptions CONSENT
for certain rehabd~tated / renovated /replacement
commermal / ~ndustnal structures
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE September 23, 2003 D C M R C A W
PAGE 2 I J L A N R H N I
E E O A D D E M U L W
Z U N N D O E I E S O
AGENDA E R E A O R V D V O O
ITEM ti SUBJECT MOTION VOTE L E S N X F E T A N D
3 Ordinance CONFIRMING City Manager's ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
declaratton of a local emergency due to CONSENT
Hurricane Isabel
4 Ordinance AUTHORIZING MOU between HRT DEFERRED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
/ C~ty re r-o-w from Norfolk Southern Railway Co CONSENT TO
10/7/03
5 Ordinance to DECLARE EXCESS PROPERTY ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
at 1876 Wddwood Dr/AUTHORIZE conveyance
to Baymark Construction Corp
6 Ordmance to AUTHORIZE purchase from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ROBERT LESLIE FLOWERS, JR. for $18,000 CONSENT
to estabhsh neighborhood parkat Pocasset Court
/ The Lakes / AUTHORIZE all necessary
documents
(DISTRICT - 3 ROSE HALL)
7 Ordinance to AUTHORIZE 2001 Option ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Agreement / purchase from THIS and THAT, CONSENT
LTD. at Rudee Loop / EXECUTE necessary
documents for purchase $400,000 / AUTHORIZE
lease
8 Ordinance to ACCEPT/APPROPRIATE a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$175,115 grant from Federal Justice Assistance / CONSENT
TRANSFER $19,4587 re law enforcement
(LLEBG)
a Community Correctmns $20,988
b General D~stnct Court $25,000
c Mag~strate's Office $ 3,187
d Pohce Department $97,620
e Sheriff's Department $47,777
.,
9 Ordinance to TRANSFER $100,000 rePendleton DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
parking lot expansion / public restrooms at 10/7/03, BY
Croatan Beach CONSENT
K/I Ordinance to AUTHORIZE encroachment into APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
portmns of City's r-o-w at Lake Wesley by CONDITIONED BY
JOSEPH M., JR. / LORI ANNE HANLEY 541 CONSENT
V~rgm~a Dare Drive m Croatan Beach
(DISTRICT 6- BEACH)
2 STEVEN / JUDITH PAPARIELLO closure of APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
portion of alley at 837 VanderNlt Ave / Lockheed CONDITIONED BY
Avenue ' CONSENT
(DISTRICT 6 - BEACH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE September 23, 2003 D C M R C A W
PAGE 3 I J L A N R H N 1
E E O A D D E M U L W
Z U N N D O E I E S O
AGENDA E R E A O R V D V O O
ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D
3 LYNNHAVEN BLOCK ASSOC Mod,fication MODIFIED AS 1 l-0 Y Y Y Y Y Y Y Y Y Y Y
to COZ (approved by City Council on 7/la/98), at PROFFERED
2061 / 2077 / 2085 / 2093 Lynnhavcn Pkway
(DISTRICT 1 - CENTERVILLE)
4 RAYMOND, SR. / MARILYN I. CAFFEE COZ APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
from A-12 to R-SD at 5019 Bonney Rd CONSENT
(DISTRICT 2 - KEMPSVILLE)
5 F. DONALD REID at 3592 Indian River Road DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
(DISTRICT 7 - PRINCESS ANNE) INDEFINITELY BY
CONSENT
a COZ fi.om AG-1 / AG-2 Conditional R-20
b Variance to § 4 4 Co) of Subdivision Ordinance all
lots meet CZO
c CUP Open Space
6 VILLAGE CHURCH CUP church on Indian APPROVED, 10-1 Y Y Y Y Y Y Y Y Y N Y
River Rd / Elbow Road CONDITIONED BY
(DISTRICT 1 - CENTERVILLE) CONSENT
7 BAYSIDE BAPTIST CHURCH CUP church APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
(addition) / preschool at 1920 Pleasure House Rd CONDITIONED BY
(DISTRICT 4 - BAYSIDE) CONSENT
8 ABUNDANT HARVEST CHURCH CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
church at 6037 Providence Road, Suite I CONDITIONED BY
(DISTRICT I - CENTERVILLE) CONSENT
9 GREAT NECK BAPTIST CHURCH CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
church (expansion) at 1020 General Jackson Dr CONDITIONED BY
(DISTRICT 5 - LYNNHAVEN) CONSENT
10 SHARON GOLESH CUP ndmg academy/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
horses for h~re / boarding & recreational facility CONDITIONED BY
(riding camp) at 2508 West Landing Rd CONSENT
(DISTRICT 7 - PRINCESS ANNE)
11 OMNIPOINTfI'-MOBILE CUP: communication APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y
tower at 2287 Windy Pines Bend CONDITIONED BY
(DISTRICT 7 - PRINCESS ANNE) CONSENT
12 CORDIE L. MARTIN CUP: (home daycare) at APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y
3520 Sandy Pmnt Key CONDITIONED BY
(DISTRICT 5 - LYNNH/(VEN) CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
v
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DATE September 23, 2003 D C M R C A W
PAGE 4 I J L A N R H N I
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AGENDA E R E A O R V D ¥ O O
ITEM # SUBJECT MOTION VOTE L E S N X F E T A N D
L APPOINTMENTS.
AGRICULTURE ADVISORY COMM RESCHEDULED B Y C O N S E N S U S
MINORITY BUSINESS COUNCIL RESCHEDULED B Y C O N S E N S U S
PARKS AND RECREATION COMM
Morgan Davis At Large Appointed 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y
Stephen L Johnson At Large terms
9/1/03 - 8/31/06
TIDEWATER REGIONAL GROUP RESCHEDULED B Y C O N S E N S U S
HOME COMM
WETLANDS BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appointed 5 year term 10/1/03 -
John A Baum 9/30/08
Reappointed 5 year terms 10/I/03
B Rod Rodnques - 9-30-08
C Stephen Vmson
ADD DEVELOPMENT AUTHORITY Appointments made 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON 8/12/03 Terms
C Maxwell Bartholomew 9/1/03 - 8/31/06 Clarffied
Paul V M~chels 9/1/03 - 8/31/07
Gerrold 1 Miller 9/1/03 - 8/31/04
Elizabeth A "Boo" Twohy 9/1/03 - 8/31/05
M/N/ Mayor briefed the citizens re HURRICANE
ADD ISABEL and estimated damage to Vlrgmm Beach
ON as result of storm
1 ABSTRACT OF CIVIL CASES RESOLVED - APPROVED 1 I-0 Y Y Y Y Y Y Y Y Y Y Y
August 2003
ADD Recess to closed Session ~ 6 47 re appts / Publicly APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON Held Property
ADD Certify Clossed Session ~ 8 16 pm CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON
0 ADJOURNMENT 8 20 PM