OCTOBER 7, 2003 MINUTESCOUNCIL
3/L,I YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES BaysMe -Dlstrtct 4
HAPRY E DIEZ, EL, Kempsvdle - Dt vtrtct 2
MARGARET L EURE, Centervdle - District 1
REBA S McCLANAN Rove Hall - Dtatrtct 3
RICHARD A MADDOX Beach - Divtrict 6
dim REEI%, Prmcess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILI_ANUEVA, At-Large
ROgEMARY WILSON At-Large
JA~[ES L IVOOD, Lynnhaven -District 5
SPORE, Ctty Manager
LESLIE L LILLEY, City Attorney
RUTH HODGES SMITH, MMCA, Ctty Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, FIRGINIA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
7 October 2003
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
3:00 P.M.
o
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. Oberndorf
B 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. Oberndorf
B INVOCATION:
Reverend Pock 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 Recogmtlon of Charleston, S C re Hurricane Isabel Recovery
I. CONSENT AGENDA
J ORDINANCES
Ordinance to AMEND §401 of C~ty Zomng Or&nance (CZO) re farm stands as accessory uses
in the AG-1 and AG-2 Agricultural Zoning Districts
DEFERRED'
September 23, 2003
.
Ordinance re Non-Binding Memorandum of Understanding (MOU) between Hampton Roads
Transit (HRT) and City of Vlrgima Beach re the negotiation process to acquire right-of-way from
Norfolk Southern Railway Company
Ordinance to AUTHORIZE a temporary encroachment re constructtng and malntamlng a
drtveway and two (2) aprons on South Street and Independence Boulevard fi>r Shore Ventares
Ine (District 4 - Bayslde)
.
Ordinance to ACCEPT and APPROPRIATE $740,000 from the Federal Emergency
Management Agency (FEMA) to the Ftre Department's FY 2003-04 Operating Budget re
equipment and training support of the Urban Search and Rescue Team
o
Ordinance to TRANSFER $683,00 from Reserve for Contingencies in the FY 2003-04 Operating
Budget to support ehg~ble full-t~me employee merit pay increases from 3 65% to 4.05%
Ordinance to TRANSFER an ADVANCE of $100,000 re construction ofrestrooms at Croatan
Beach
DEFERRED.
September 23, 2003
Ordinance to TRANSFER $78,336 to the FY 2003-04 Operating Budget of the City Attorney re
adding two (2) full time employee positions
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
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
i
(TDD - Telephomc Dewce for the Deaf)
Agenda 10/07/03 bib
www.vbgov.com
OUR N/',~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
07 October 2003
Vtce Mayor Louts R Jones called to order the Brtefing re SOUTHEASTERN PUBLIC SERVICE
,4 UTHORITY (SPSA) USE OF L,4NDFILL PROPERTY, tn the City Counctl Conference Room, Ctty Hall,
on Tuesday, October 7, 2003, at 3 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, dtm Reeve, Peter W Schmtdt, Ron
A Vtllanueva, Rosemary W~lson and James L Wood
Council Members Absent
Mayor Meyera E Oberndorf
[Attending Ambassador from Israel Luncheon
at Governor % Manston tn Rtchmond
Entered Closed Sesston 4 50 P MI
-2-
CITY MANAGER'S BRIEFING
SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) USE OF LANDFILL PROPERTY
3:00 P.M.
ITEM # 51742
The City Manager introduced Wade Kyle, Admtntstrator- Waste Management Dtvtston. and Mtchael J
Barrett, Board Member- Southeastern Public Service Authority (SPSA) Correspondence dated September
25, 2003from John S Hadfield, P E Executtve Dtrector- SPSA was dtstrtbuted
Mr Kyle referenced hts presentatton to City Councd relative the SPSA Agreement on August 5, 2003 With
the utthzatton of a map of the site, he &splayed the proposed office buddings which will be budt along
Interstate 64 These bud&ngs are at the opposite end of the site The area bounded by the "red dotted
hnes " ts the boundary of the landfill property (262 acres) The landfill ts already 140feet tn hetght, so there
ts not a vtew from those offices to the Compost/Mulch facdtty A buffer wdl encompass those areas not
tmme&ately adjacent to the landfill Ctty Vtew Park was formally a part of the Landfill
PROPOSAL FOR LEASE OPTION FOR SPSA COMPOST/MULCH FA ClLITY A T LANDFILL H
Located on 48 acres proposed for future landfill expanston
SPSA must obtatn Condtttonal Use Permtt and obtatn all other
requtred permtts
SPSA wall vacate extsttng nine-acre stte
SPSA wall construct landscape buffer areas on perimeters of the stte
SPSA wall coordinate the remaining 1 2 acre wetlands area
Vacate wtth 2 years nottce anyttme after January 24, 2018
Original Term
Subsequent Renewals
(2)
Renewal Option
Operating Hours
SPSA REQUESTED
July 30, 2010
10 years
SPSA
No Restriction
APPROVED B Y CITY
July 30, 2010
5years
Virginia Beach
7.'00 A.M. - 5:00 P.M.
Monday - Saturday
RECOMMENDATION
June 30, 2015
5 years
Virginia Beach
Daylight Hours
Monday - Saturday
The Southeastern Vtrgtnta Pubhc Servtce Authortty's (SPSA) tnvestment ts approxtmately $2-MILLION on
tnfrastructure improvements at a new stte SPSA does not beheve thts cost could be amortized by the
agreement betngdust untd July 30, 2010 To extend the tntttal term to June 30, 2015, would provtde SPSA
the opportumty for a reasonable amorttzatton of that tnvestment The renewal option ts Vtrgtnta Beach's
dectston, previously tt belonged to SPSA The operatton hours are minor SPSA has requested hours of
operation encompass dayhght
October 7, 2003
-3-
CITY MANAGER'S BRIEFING
SOUTHEASTERN PUBLIC SER VICE ,4 UTHORITY (SPS,4) USE OF L,4NDFILL PROPERTY
ITEM # 51742 (Continued)
SPSA retmbursed the Ctty for 153 acres, whtch encompassed the 48 acres for thts proposed stte SPSA ts
continuing the operation of the apphance recychngfacthty (White Goods)program This program cost the
City approxtmately $150,000 last year If they were allowed to move to the mulchtngfacdtty, and as long
as the agreement is tn effect, SPSA has mdtcated they would conttnue the operatton of the Whtte Goods
program mdefinttely Thts would entad a savmgs of several Mdhon dollars to the Ctty
Mr Kyle referenced the two (2)primary agreements The 2015 one entads the contract tn which SPS,4 pays
all costs associated with the operation of the Landfill On August 8, 1984, Vtrgtnta Beach and SPSA entered
tnto an agreement for "use and support ", whtch was executed by all etght (8) SPSA member commumttes
It was intended to provtde a basts for SPSA to obtatn financtng to construct the regtonal dtsposal facthttes,
begin processing sohd waste and to assure that adequate quanttttes of waste are avadable to offset costs for
operatton and debt service Thts agreement exptres on January 24, 2018 The second agreement was for
"Disposal of ,4sh and Residue" This 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 Vtrgtnta Beach Landfill I Other
stgntficant provtstons of the agreement allow for l/'trgmta Beach to dispose of 5% of the waste collected by
the Ctty and Ctty contractors wtthout charge, and for a predetermmed cap on the ttpptng fees pard each
year durtng the term of the agreement The agreement exptres December 31, 2015
Mr Kyle advised the Ctty ts planntng to utthze the SPSA facthty at somepomt for a future landfill expanston
The five year tncrements provtde thts opportumty The City must gtve SPSA a 2year nottce to vacate SPSA
hopes wtthtn the next two years to obtatn commttments from the member locahttes to renew beyond 2018
SPSA ts faced wtth the need to borrow funds whtch they cannot beyond the year 2018
Councd Lady Eure had tnmally expressed concern relattve this project, the acreage and increased truck
traffic by the AmertGroup's brand new facdtttes If the acreage was to be increased from nme (9) to forty-
etght (48) acres, the tonnage would be increased four or five trines Councd Lady Eure advtsed SPSA
expects the truck traffic to be reduced by 10% through thts new facthty Councd Lady Eure also had
concerns relattve the norse factor After tourmg the site, her concerns were allevtated The operation ts far
removed from the future park area The mulch grinder was tn operatton and barely audtble
Mr Kyle advtsed at the present ttme, raw matertals are brought tnto the facdtty, the resulttng mulch must
be hauled back to the extsttng compost facility tn Suffolk At this new facdtty at Landfill II, the material
would be mulched and become compost on the stte Thus, the amount of tractor trader traffic would be
reduced However, thts traffic would not go by the AmertGroup's locatton, which ts on the old Centervdle
Turnptke The traffic would be on the new Centervdle Turnptke and then over to the In&an River Road extt
Ninety (90%)percent of the proposed operation will be storage area for the compost Mr Kyle advtsed the
employees on the mulch site are not the same as those who operate the compost site tn Suffolk Even some
of the Ctty employees are stall worktng the stte past 5 O0 P M Relattve Councd Lady Eure's concern,
several years ago Waste Management, Inc placed an option on the E V Wdhams property and wtshed to
utthze tt at some potnt for a constructton and demolttton debrts stte The ptt ts approxtmately 40feet deep
now throughout the area The economic sttuatton resulted tn Waste Management not taking this optton
Pubhc Works and Parks and Recreatton have been evaluating the potenttal of this stte
October 7, 2003
-4-
CITY MANAGER'S BRIEFING
SOUTHEASTERN PUBLIC SER VICE AUTHORITY (SPSA) USE OF LANDFILL PROPERTY
ITEM # 51742 (Continued)
Councdman Schmtdt suggested the Ctty Manager have the authortty, tn an emergency sttuatton, to provtde
an extension of the Operating Hours Mr Kyle advised at the present time, because of the aftermath of
Hurrtcane Isabel, the operation zs from 7 O0 A M to 7 O0 P M
Councd Lady McClanan expressed concern and cauttoned flextbthty
BY CONSENSUS, an emergency provtston relattve authortty of the Ctty Manager to provtde extenston of the
operaang hours shall be added to the Agreement
October 7, 2003
-5-
CITY MANAGER'S BRIEFING
MUHAMMAD TRIAL PLANS
3:23 P.M.
ITEM # 51743
Davtd C Sulhvan, Chtef lnformatton Officer and Shertff Paul d Lantetgne presented tnformatzon relative
preparattons and plannmgfor the Trtal Commonwealth of Vlrgtnta versus John Allen Muhammad
MUHAMMAD TRAIL FACT SHEET
Commonwealth of Vtrgmta vs John Allen Muhammad
Charges Two counts of capttal murder
The Vtcttm Dean H Meyers, 53, ktlled October 9, 2002, tn Manassas, Vtrgtnta
Trtal Date October 14, 2003
Trial expected to last six (6) to eight (8) weeks
The Honorable LeRoy F Mtllette, dr, Preswhng Trtal Judge
Prosecuting Attorneys Paul Ebert, Rtck Conway and James Wtllett -
Prtnce Wdham Commonwealth's Attorney
Defense Attorneys Peter Greenspun and Jonathan Shaptro
Courtroom #10 Vtrgtnta Beach Ctrcutt Court
ProJected Trtal hours Monday - Thursday 9 30 AM to 5 30 PM,
Frtday 9 30 AM to early afternoon
Court wtll not be held on November 4, 11, 2 7 and 28
Dependtng on verdtct, the Sentenctng and Appeal phases revert to
Prince Wtlham County
MUHAMMAD TRAIL TASK FORCE
Sheriff Paul J. Lanteigne and David Sullivan, Chief Information Officer
Security
Chtef Deputy Rtck Schoonover
Captatn Ray Etsenberg
Logtsttcs
Barry Shockley
John Herzke
Medta
Paula Mtller
Diane Roche
Admtntstrattve
Susan Walston
Catheryn Whttesell
October 7, 2003
-6-
CITY M~4N~4GER'S BRIEFING
MUHAMMAD TRL4L PLANS
ITEM # 51743 (Continued)
TRIAL-RELA TED GOALS AND CONCERNS
Take reasonable and necessary steps to tnsure the safety, securtty and
accommodation of all persons assoctated wtth the Trtal
Insure the Muntctpal Center and dudtctal Center can conttnue to serve our ctttzens
wtth a mtntmum of mconvemence
There wtll be peak ttmes durtng whtch our ctttzens and workers at the Mumctpal
Center wtll expertence some tnconvemence due to the magnttude and scope of thts
trial
COURTHOUSE SECURITY
Entrance to the du&ctal Center traffic ctrcle at the front of Buddtng lO wtll be
restrtcted and barrtcaded
Restricted Traffic entrance to the Juchctal Center dames Ma&son Boulevard
between Princess Anne Road and Courthouse Drtve wtll be closed in both
dtrecttons
Pubhc access to the duchctal Center wtll be permttted at the front entrance of
ButMtng 10 and the south entrance of Butldtng 10B
Each pubhc access has enhanced securtty screemng stattons
Although tncreased staffing will beprovtded, thepubhc may encounter delays when
entertng the du&ctal Center durtng the first two weeks and the last two weeks of
the trtal The number of mdtvtduals entertng the butldtng ts anttctpated to drop
during the middle of the trial
Each pubhc entrance wtll utthze stattonary and hand-held magnetometers and X-
ray machines to tnsure a secure and safe environment
All tndtvtduals and hand-carrted arttcles are subject to search when entertng the
buildings
Hand searches wtll be conducted on all hand carrted ttems contatntng questtonable
arttcles
The followtng ttems WILL NOT be allowed the courthouse
Ftrearms
Sharp objects
Cameras and recordtng devtces
Chemtcal agents, drugs and alcohol
Unless authortzed, the use of electrontc devtces, such as cell phones,
handheld Personal Dtgttal Assistants (PDAs) and computers are prohtbtted
October 7, 2003
-7-
CITY M/IN/IGER'S BRIEFING
MUHAMM/ID TRIAL PL/INS
ITEM # 51743 (Continued)
CO UR TR OOM SECURITY
Courtroom # 10
53 Seats
24for local medta
5 pubhc seats
rematntng seats are for victim's family, security,
prosecutton and defense teams
1 Sttll Camera
1 Sketch Arttst
Closed-Ctrcutt Feed separate locattons
1 forfamthes/1 for medta
Courtroom Seating 680 tndtvtduals have regtstered for the pubhc
seat lottery
Prisoner Security wtll be handled by the Vtrgtma Beach Sheriff's Office
Emergency Response Team (ER T)
There wtll be an addtttonal Securtty Check Potnt entrance to Courtroom #10
Access to the Courtroom credenttals wtll be issued by the Sheriff's
Department to all involved with the Trtal Samples were &splayed of Me&a
and Pubhc Informatton representattves Bar codes tnscrtbed on each were
tted to a data base, so credentials could be scanned and the representattve
identified
Relative the media, there are accommodattons for thirty-four 04) Satellite and Microwave Trucks Sixty-
five (65) news outlets have advtsed they will be present Approximately 300 to 350 media wtll be
credenttaled Twenty (20) press tents wtll be erected The media fees assoctated wtth Ctty servtces are
projected to be approximately $40,000. Mr Sulhvan detatled the medta work force There wtll be a stand
up location tn the medta tents tn the courtyard back of the Courthouse The area of dames Ma&son
Boulevard, between Prtncess Anne Road and Courthouse Drtve, has been closed tn both dtrecttons for the
satelhte trucks The satelhte trucks wtll be parked along etther stde of the medta The outermost lanes wtll
be kept open for emergency traffic Generators wtll not be allowed because of fuehng and norse concerns
Shorepower wtll be tnstalled to connect each of the satelhte trucks There wtll be one hundred twenty (120)
potenttal Jurors called per day The Jurors wtll be numbered, not named there ts no closed-ctrcutt feed or
ptctures allowed of the Jurors The Jurors wtll not be sequestered, but wtll report to an area tnatntatned by
the Sheriff and transported by shuttle bus
October 7, 2003
-8-
CITY MANAGER'S BRIEFING
MUHAMMAD TRIAL PLANS
ITEM # 51743 (Continued)
The vtcttms ' famthes wdl be tn Buddmg 20 and guarded by a Deputy Shertff These famdtes may also have
a seat tn the Courtroom, Cpreferred Otherwtse, they may vtew the proceedtngs vta closed-ctrcutt TV
Mr Sulhvan chstrtbuted maps of the parking areas of the Vtrgtnta Beach Muntctpal Center Those lots
coded tn "blue" are normal pubhc lots The "red" lots wdl be restrtcted durtng the trtal A few more wdl
be added to the restrtcted hst Lots dtrectly adjacent to the satelhte compound behtnd the Pohce Statton (the
Pubhc Safety building) wtll now be restricted Dr denney wishes to restrtct a portion of the lot dtrectly tn
front of the School Admtmstratton Bmldtng Dr denney wall staff and control this area The old Jury
parktng area next to Buddmg 17 has been restrtcted for the vtcttms famthes The Command Center wdl be
tn the old Courtroom behtnd Buddmg 19 Mr Sulhvan advtsed the Ctty Councd Members 'parktng spaces
will continue to be avadable, as well as other Board and Commtsston Members for meettngs held tn Ctty
Councd Chamber t e Planmng Commission, Board of Zomng Appeals and Wetlands Board Ortgmally,
a temporaryparkmg lot (Vertzon buddtng) was constdered to accommodate the medta The lease offer was
rejected by Vertzon The budding ts tn bad shape and would revolve approxtmately $100, 000 to renovate
As this was a short term use, tt was not feasible to utthze tax payers'funds tn this manner This was
abandoned as the me&a center and now the media will be located in Building 18 In the Human Resource
Tratnmg rooms To address the overall parkmg needs, the "great whtte fleet " (city vehicles), will be moved
out of the Muntctpal complex The Dtrectors may etther assign them as "take home" vehtcles only for the
duration of the trial orpool them at the Sportsplex, which will be a satelhteparktng area 7hts wtll provtde
approxtmately 250 parktng spaces There are 100 spaces at the end of the Courthouse Drive area There
are approxtmately l OO plus spaces behmd the old Courthouse Elementary School Relattve the number of
parking spaces for citizens conducttng court busmess t e renewing Notary Public, Mr Sulhvan will advise
Councd Members and will place the number of spaces available on the Muhammad Trial webstte
www vbgov com/trial
Extra restrooms have been provided for the pubhc and media Pay telephones are located on each floor of
the three bud&ngs Internet access ts available at the Wahab Law Library located on the ground floor of
Building 1 OB and the Mumclpal Reference library in Building 17
Cost Category
TRIAL EXPENSES
August Esttmates
Securtty Improvements $100, 000
Maintenance/Shuttle $ 50,000
Closed Circuit TV
Parking, Traffic Control
Mecha Accommodattons
Personnel Costs
Total
$150, 000
$150, 000
$100, 000
$ 250, 000
$800,000
Expendedto Date Current Estlmate
$ 7~788 $ 85,000
$ 41,644 $ 45,000
$ 67,760 $ 6&O00
$ 22,000 $ 25,000
$122,700 $123,000
$0'
1533~892
$150,000
$49~000
October 7, 2003
-9-
CITY M/IN/IGER'S BRIEFING
MUH/IMM/ID TRI/IL PL/INS
ITEM # 51743 (Continued)
When the trtal commences. Mr Sulhvan advtsed a number of staff, mainly tn the area of securtty, wtll be
added to the complex Thts addttton wtll tncur some overttme expense
Shertff Lantetgne referenced the teamwork tnvolved tn the Trtal plans Shertff Lantetgne has recetved
encouragtng responses from Congressman Edward Schrock and Senator Kenneth W Stolle re posstble
funding sources to retmburse the Ctty
Relattve traffic control measures, Mr Sulhvan advised the variable message boards wtll be used There
wtll not be any permttted work tn any of the rtght of ways approachtng the Muntctpal Center from any of the
three (3) dtrecttons durtng the duratton of the Trtal Mr Kyle wtll rework the trash ptck up outstde of the
window of the major traffic peaks, so as not to add to the traffic congestion Because of the Trial,
approxtmately five hundred (500) addmonal people are expected to come to the Mumctpal Complex
The Ctty Manager advtsed relattve changtng ctty employee hours or utdtztngflex ttme durtng the Trtal, thts
has been discussed among the departments and ts encouraged where feastble
Many of the meettngs normally scheduled tn the complex have been moved The Law Enforcement Tramtng
Academy ts now hosttng a vartety of non law enforcement trammg events
Mr Sulhvan advised the Ctty Clerk shared correspondence received from Senator John W Warner also
pledgtngfederal financtal retmbursement support Mr Sulhvan dtstrtbuted The City Page, whtch wtll be
pubhshed on Thursday, October 9, 2003 Thts page contams tnformatton for ctttzens relattve the
MUHAMMAD Trial Wtthtn the City's BE/iM pubhcatton, there ts also a parking map. information about
the Trtal and an arttcle for employees relative being approached by the medta
October 7, 2003
- 10-
,4 GEND,4 RE VIE W SESSION
4:07P. M.
ITEM # 51744
Resolution DECL,4RING an EMERGENCY for the purpose of
protecting pubhc health and safety and authorizing the City Manager
to issue permits for certain sand-moving and grading activities on the
Beaches of the Chesapeake Bay (180 days)
Councilman Wood distributed a proposed ADD-ON Resolution This will permit property owners along the
Chesapeake Bay front from the First Landing State Park to the Norfolk Line, to move sand without having
to petition that right from the Wetlands Board This Resolution allows the City Manager (or his designee)
to issue these permits for 180 days City Code Sections 1602 (k) of the Coastal Primary Sand Dune
Ordinance allows the City Councd to authorize certain sand-moving and grading activities on the beach and
dunes where an emergency has been declared Pursuant to Section 6-13 of the City Code, any owner of
property located on the Chesapeake Bay, as previously described, may make apphcation to the Department
ofPlanmngfor apermtt to alter the contours of the sand from the shores, beaches and dunes' adjacent to and
upon his or her property
E Dean Block, Director of Pubhc Works, advised (relative dune replacement tn Croatan), a resolution is
not needed as it ts an Atlantic Ocean beach, not a Chesapeake Bay Beach Surveys are being completed and
a mobihzatton plan is being developed for moving the sand Thefirst priority is removing debris
Councdman Reeve hoped the same surveys and sand moving activities in Croatan could be allowed for
Sandbridge
ITEM # 51745
dl
Ordinance to ,4MEND 3~401 of City Zoning Ordinance
(CZO) re farm stands as accessory uses in the ,4G-1 and
,4 G-2 Agricultural Zoning Districts
Councilman Reeve has spoken with Jack Whitney, Director of Agriculture, who confirmed review and
approval by the Agricultural Advisory Commission
Council Lady McClanan wdl vote NAY on this item
ITEM # 51746
d2
Ordinance ,4 UTHORIZING a non-binding
MEMORANDUM OF UNDERST,4NDING (MOU)
between Hampton Roads Transit (HRT) and the City re
negotiation of process to acquire right-of-way from
Norfolk Southern Radway Company
Councdman Woodadvtsed Councilman RichardMaddox ts the new Chair of Hampton Roads Transit (HRT)
October 7, 2003
-ll-
AGENDA RE VIE I9' SESSION
ITEM It 5174 7
J3
Ordtnance to AUTHORIZE a temporary encroachment
re constructtng and matntatntng a driveway and two (2)
aprons on South Street and btdependence Boulevard for
Shore Ventures Inc (Dtstrtct 4 - Baystde)
IZtce Mayor dones DISCLOSED, that although thts apphcatlon ts a roadway tssue, located across the street
from one of his funeral homes, the City Attorney has issued an opmton that he ss able toparttctpate and vote
on thts apphcatton
ITEM It 51748
J5
Ordinance to TRANSFER $683,000 from Reserve for
Conttngenctes tn the FY 2003-04 Operatmg Budget to
support ehgtble fuIl-ttme employee merit pay increases
from 3 65°/5 to 4 05°/60
Council Lady Eure referenced correspondence from J. Curtis Fruit, Clerk of Circuit Court, dated October
1, 2003, relattve bonuses granted certatn personnel tn hts office
The City Manager advtsed these bonuses were tn recognttton of thetr extraordtnary and dechcated efforts
tn performtng thetr duttes tn sptte of the State budget cuts and reductton tn staff A small bonus of $108 per
employee was granted These bonuses were dertved from the mcreased collections tn the Clerk of the Ctrcutt
Court's office A surplus of $I, 150,000 was returned
ITEM It 51749
d 6 Ordmance to TRANSFER an ADVANCE of$100, 000 re
constructton of restrooms at Croatan Beach
Mr Block advised the restrooms would be on a par wtth those at Little Island Park
ITEM It 51750
J7
Ordtnance to TRANSFER $78,336 to the FY 2003-04
Operatmg Budget of the City Attorney re addmg two (2)
full ttme employee postttons
Counctlman Reeve tnqutred tf moving Jtm Lawson, Pubhc Works - Real Estate and some oJ hts staff tnto
the Ctty Attorney's office had been accompltshed Vtce Mayor Jones advtsed the Ctty Manager wtll provtde
a report next week
October 7, 2003
- 12-
AGENDA RE VIEW SESSION
ITEM # 51751
B Y CONSENSUS, the following shall compose the CONSENTAGENDA:
ORDINANCES
J1
Ordtnance to AMEND 3g401 of Ctty Zontng Ordmance
(CZO) re farm stands as accessory uses tn the AG-1 and
AG-2 Agricultural Zontng Dtstrtcts
J2
Ordtnance re Non-Btndtng Memorandum of
Understandtng (MOU) between Hampton Roads Transit
(HRT) and Ctty of Vtrgmta Beach re the negottatlon
process to acqutre rtght-of-wayfrom Norfolk Southern
Railway Company
J3
Ordtnance to AUTHORIZE a temporary encroachment
re constructtng and matntatmng a drtveway and two (2)
aprons on South Street and Independence Boulevard for
Shore Ventures Inc (Dtstrtct 4 - Baystde)
J4
Ordinance to ACCEPT and APPROPRIATE $740,000
frotn the Federal Emergency Management Agency
(FEMA) to the Ftre Department's FY2003-04 Operating
Budget re equipment and training support of the Urban
Search and Rescue Team
J5
Ordinance to TRANSFER $683,000 from Reserve for
Conttngenctes tn the FY 2003-04 Operatmg Budget to
support ehgtble full-ttme employee merit pay increases
from 3 65% to 4 05%
d 6 Ordinance to TRANSFER an AD VANCE of$100, 000 re
constructton of restrooms at Croatan Beach
J7
Ordinance to TRANSFER $78,336 to the FY 2003-04
Operattng Budget of the City Attorney re addmg two (2)
full ttme employee postttons
Councd Lady McClanan wall vote NAY on Item J I
October 7, 2003
- 13-
COUNCIL LIAISON REPORTS
4:20 P.M.
ITEM # 51752
Councdman Reeve referenced the meettng of the Senior Citizen Real Estate Tax Relief Task Force Shertff
Lantetgne and Congressman Ptckett have formulated a DRAFT Posttton Paper whtch was forwarded to all
members Thts Pomt Paper wdl be revtewed at the next meettng on October ]5, 2003 7he final report ts
anttctpated to be presented to Ctty Councd tn November
ITEM # 51753
Councd Lady Eure advtsed the Sentara Trauma Center Task Force wdl meet Wednesday, October 8, 2003
The Trauma Level Il servtces have been restored at Sentara Vtrgtma Beach General Hospttal, even though
not offictally destgnated by the Commonwealth
Councdman Dtezel requested the Ctty Councd evaluate the Task Force, as the scope tntttally was the
deleting of the destgnatton from Trauma Level lI to IIIat Sentara Vtrgmta Beach General Hospttal The Task
Force has a tendency to expand beyond this area to the whole health care commumty, not only local but
national tn concern Councdman Dtezel was not sure this area should be reviewed at thts ante If these areas
are to be explored, the Ctty Councd mtght wtsh to restructure the Task Force
ITEM # 51754
Councdman Wood referenced conferring wtth Thomas Fratm, Chatr- Beaches and Waterways Commission
The Commission ts not meettng at the present time and ts awaiting dtrectton of City Counctl One of the
objectives ts an overall Crt), dredging pohcy re roland lakes for storm dramage Councdman Wood has
received many e-mads concermng roland lakes The Beaches and Waterways Commtsston expressed a
wdhngness to work on thts particular tssue
The Ctty Manager advtsed a Pohcy Report on thts tssue ts scheduled for a December Ctty Councd Sesston
Councdman Reeve suggested the Inland Waterways also be revtewed relattve envtronmental as well as
recreattonal opportumttes
ITEM # 51755
Councd Lady Eure suggested Councd Members McClanan and Wdson, Ltatsons to the Boards and
Commtsstons, revtew the posslbdtty of placing the Mlnortty Councd under the Human Rtghtr Commtsston
Councdman Vdlanueva advised the Mtnorlty Bustness Councll dust recently conducted a Retreat Much of
the focus centered on economic development initiatives A report wdl be provtded to Ctty Councd
concerntng thetr Mtsston Counctlman Vdlanueva requested recetpt and review of the Mtnortty Bustness
Council's report prior to any dtscusston tnvolvtng this suggestion
October 7, 2003
- 14-
CITY COUNCIL COMMENTS
4:25 P.M.
ITEM # 51756
Counctlman Reeve referenced the damage of Hurricane Isabel re Sandbridge. The majortty of the damage
was on the canal lots The yards were actually blown into the canals Counctlman Reeve has dtscussed thts
with the Planmng Department's Waterfront Construction Dzvtston, the Department o]r Envtronmental
Quahty, U S Army Corps of Engineers and the Vtrgmta Marine Resource Commtsston, who are all wtlhng
to cooperate to streamhne the process The Planning Department has complied and dtstrtbuted to the Ctvtc
Leagues, a Potnt Paper concermng the process of restortng thetr yards Counctlman Reeve wtll also
dtstrtbute thts to citizens who have contacted btm
Councilman Reeve requested Ctty Staff provtde mformatton relative the pubhc and private sand from
Sandbrtdge beaches Thts sand has been accumulated at Ltttle Island Park and wtll be stfted and eventually
placed back on Sandbrtdge Councilman Reeve requested tnformatton concermng this sand allocation
ITEM # 5175 7
Counctl Lady Wtlson referenced dtscusston wzth the City Treasurer concerning a proposalfrom the Division
of Motor Vehicles re thetr servzng as a Ltcense Agent
All the initial costs involved will be provided A per transaction fee will also be pard to the City
The Ctty Treasurer beheves thts wtll at least be cost neutral and mtght even result tn a revenue tncrease
to the Ctty
The Ctty Manager shall request the Treasurer to submtt thts proposal to Ctty Council
ITEM # 51758
Counctlman Dtezel referenced correspondence of the Ctty Manger regardtng concerns expressed by
employees relative notprovtdtng duphcattve health care coverage to these employees who are covered under
another plan Councilman Dtezel beheves Ctty Counctl should reconsider thcs dectston Thts would have
an effect on disabled and retired Counctlman Dtezel requested the Ctty Manager revtew the tncluston of
Champus benefits
Vice Mayor Jones adwsed the madorzty of prtvate bustnesses do not apply thcs type of clau~e to Champus
benefits Vtce Mayor dones concurred the Champus benefits should not be covered under thts "no duphcate "
coverage clause
October 7, 2003
- 15-
CITY COUNCIL COMMENTS
ITEM # 51759
Counctl Lady McClanan referenced a telephone call from a concerned ctttzen relative the live oaks on Shore
Drtve re FORT WORTH DEVELOPMENT, INC Condtttonal Use Permtt apphcatton approved by Ctty
Counctl on August 12, 2003 and SCHEDULED for RECONSIDERATION on October 28, 2003 Ftve (5)
tndtvtduals tn trucks were trtmmtng the "trees"
Counctlman Schmtdt advtsed although he does not beheve there was any mahctous tntent, the trees have
been trtmmed The trtmmmg was supposedly to enable the butldtng of a fence around these hve oaks for
preservatton purposes In effect, the trees were tnjured tn the process
Counctlman Vdlanueva concurred wtth Counctlman Schmtdt that there was no mahctous intent The
apphcant wtll present an alternative to the apphcatton to the Members of City Counctl and the Planntng
Department
October 7, 2003
-16-
ITEM # 51760
Vtce Mayor Louts R Jones called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, October 7, 2003, at 4 35
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
$ McClanan, Rtchard A Maddox, Jtm Reeve, Rosemary Wilson,
Peter W Schmtdt, Ron A Vlllanueva and James L Wood
Counctl Members Absent
Mayor Meyera E Oberndorf
[Attenchng Ambassador from Israel Luncheon
at Governor's Manston tn Rtchmond
Entered Closed Sesston 4 50 P MI
October 7, 2003
-17-
ITEM # 51761
Vtce Mayor Louts R Jones entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION,
pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followtng purpose
PERSONNEL MA TTERS Dlscusston, constderatton or mtervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotion, performance, demotion, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appointees, or employees
pursuant to Sectton 2 2-3711 (A) (1)
To Wtt Appotntments Boards and Commtss~ons
Agrtcultural Advtsory Commtsston
Hampton Roads Economic Development Alhance
Htstortcal Revtew Board
Mtnortty Bustness Counctl
Parks and Recreation Commtsston
Performing Arts Theatre Advisory Committee
Ttdewater Regtonal Group Home Commtsston
Towtng Advtsory Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhcpurpose, or of the dtsposttton of
pubhcly-held real property, where discussion tn an open meeting would
adversely affect the bargatmng posttton or negottatmg strategy of the
pubhc body pursuant to Sectton 2 2-3711(A)(3)
Acqutsttton/Dtsposttton of Property - Beach Dtstrtct
Upon motion by Counctlman Wood, seconded by Council Lady Wilson, City Council voted to proceed into
CLOSED SESSION.
Voting 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, dtm Reeve, Rosemary Wtlson, Peter
W Schmtdt, Ron A Vdlanueva and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
[Entered 4 50 P M]
(Recess: 4:40 - 4:48 P.M.)
(Closed Session: 4:48 - 5:30 P.M.)
(Dinner: 5:30- 6:00 P.M.)
October 7, 2003
-18-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
October 7, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, October 7, 2003, at 6 O0 P M
Council Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
INVOCATION Reverend Rick Hocker, Pastor
Freedom Fellowshtp Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 7, 2003
Item V-E. 1.
-19-
CERTIFICATION OF
CLOSED SESSION
ITEM ii 51762
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE V~ITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meetmg
requtrements by Vtrgtma law were dtscussed tn Closed Sesston to whtch thts
cert~ficanon resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motion convening
the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach
City Councd
Voting 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva Rosemary I/Vtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
October 7, 2003
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrg~ma Beach City Council convened ~nto CLOSED SESSION,
pursuant to the affirmative vote recorded m ITEM tl 51761, page 17, and in accordance with the
promslons of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2 2-3 711 (A) of the Code ofVlrglma reqmres a certification by the govermng
body that such Closed Session was conducted in conformity with Virginia law
NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach C~ty Council hereby certffies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by V~rglma law were d~scussed ~n Closed Session to which th~s certification resolution
apphes, and, (b) only such public bus~ness matters as were ~dentlfied ~n the motion convening this Closed
Session were heard, discussed or considered by V~rglma Beach C~ty Council
~4'th Hodges~mlth~ MMC
C~ty Clerk
October 7, 2003
- 20-
Item V-F. 1.
MINUTES
ITEM # 51763
Upon motion by Councilman Schmtdt, seconded by Councilman Reeve, City Council APPROVED the
Mmutes of the INFORMAL and FORMAL SESSIONS of September 23, 2003.
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louis R clones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve,
Peter W Schmtdt, Ron A Vtllanueva Rosemary IVtlson and dames L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
- 21 -
Item V-G
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 51764
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
AND,
ADDED to the Agenda Resolution DECLARING an EMERGENCY for the
purpose of protecttng pubhc health and safety and authortztng the Ctty
Manager to tssue permtts for certatn sand-moving and grading acttvtttes on
the Beaches of the Chesapeake Bay (180 days) (see "New Business '9
October 7, 2003
Item V-tt. 1.
- 22 -
MA YOR 'S PRESENTATION
ITEM # 51765
Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance to earn thetr Mertt Badges
PA CK 991
VIKING PA TROL
(Sponsored by Emmanuel Episcopal Church)
Zach Glaser
Andrew Stacey
Dustin Arseneault
Michael Glaser - Webelos Den Leader
TROOP 481
(Sponsored by St. Nicholas Catholic Church)
Tyler Austria
October 7, 2003
- 23 -
Item V-H.2.
MA YOR 'S PRESENT~4 TION
ITEM # 51766
Mayor Oberndorf PRESENTED:
Resolution in Recognition
Charleston, South Carolina
In 1989, tn the wake of Hurricane Hugo, the Mayor and City Manager requested the I/trgmta Beach Pohce
Department to send forty (40,) officers to asstst Charleston, South Carohna, wtth thetr recovery The Vtrgmta
Beach Ftre Department, Department of Utthttes and other volunteers also went to Charleston to asstst thetr
related departments durtng whtch time Lt Mtchael Ronan was awarded for hts herotsm tn a hfesavlng event
- savmg a person from a burntng house On September ] 9, 2003, following the devastatton caused by
Hurricane Isabel Mayor Joe Rdey and Pohce Chief Rueben Greenberg returned the favor by sending
Charleston's Emergency Response Team to assist Vtrgtnta Beach The Emergency Response Team, made up
of fifiy-two officers, supervisors and support personnel, waa totally self-sustammg tn Vtrgmta Beach with a
portable kttchen, food supphes, tables, charts and hghttng as well as sleeptng accommodattons
The Ctty Councd, Admmtstratton and the ctttzens of Vtrgtnta Beach hereby express stncere gratttude to Mayor
Joe Riley, Police Chief Greenberg and the fifty-two volunteers who lessened the burden of hurrtcane
recovery, enhanced the management of traffic and extended service to the more than 435, 000 Virginia Beach
citizens
Pohce Chtef A M dacocks and Deputy Chtef dames Cervera ACCEPTED the Resolutton
October 7, 2003
WHEREAS, In 1989, tn the wake of Hurrtcane Hugo, the Mayor and Ctty Manager
requested the V~rgm~a Beach Pohce Department to send forty Officers to assist Charleston, South
Carohna, wtth thetr recovery Two groups of officers reheved some of the Charleston personnel .lo they
couM get some rest, go home and check on their own famdy and property,
WHEREAS, Members of the V. gtnta Beach Fwe Department, Department of Utd~ttes
and other volunteers also went to Charleston to asstst thetr related departments, durmg which ttme Lt
M~chael Ronan was cm'arded for hts hero,sm m a hfesavmg event - - savmg a person from a burning
house,
WHEREAS, On September 19, 2003, following the devastation caused by Hurrtcane
Isabel, Mayor doe Rdey and Poltce Chmf Rueben Greenberg returned the favor by sendmg Charleston
Emergency Response Team to assist Vtrgtma Beach,
WHEREA~, The Emergency Response Team, made up of fifty-two officers, supervisors
and support personnel was totally self-sustaining tn Vtrgmla Beach with a portable kttchen, food
supphes, tables, chairs and hghtmg as well as sleepmg accommodations,
WHEREAS, They also brought a self-contained commumcat~ons system, a full stzed
mobtle command post, a smaller command vehtcle, satelhte commumcattons hnk-up, two Humveex, two
small aluminum boats, an att boat, two extra mtlttary generators on traders, ten pohce vehicles, a fidl
s~zed tour bus and a vehtcle w~th spare parts and supphes, and,
WHEREAS, Thts preparatton enabled them to assist wtthout being a burden on already
stretched and scarce V~rgmla Beach resources
NOW, THEREFORE, BE IT RESOLVED that the Vtrgtnta Beach Ctty Councd does
hereby acknowledge the invaluable support and professtonal sermce provtded by Mayor Joe Rdey and the
Charleston Emergency Response Team m the aftermath of thts devastating storm, and,
FUTHER, BE IT RESOI_. VED That thts type of mutual cooperatton rs part of our
Amertcan trad~tton "lendtnga helptng hand" to those tn need The Ctty Counctl, Admmtstratton and the
ctttzens of Vtrgtma Beach hereby express stncere gratttude to Mayor Joe Rdey, Pohce Chtef Greenberg
and the fifty-two volunteers who lessened the burden of hurrtcane recovery, enhanced the management of
traffic and extended servtce to the more than 435, 000 Vtrgmta Beach Clttzens
Gd.~n u. nder our hands and seals thts Seventh day of~3
- 24 -
Item V-J.
ORDINANCES
ITEM # 51766
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Czty Counctl APPROVED IN ONE
MOTION Ordmances 1, 3, 4, 5 and 7 of the CONSENT AGENDA.
Voting 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Council Members Voting Nay
None
Counctl Members Absent
None
Counctl Lady McClanan voted NAY on Item J 1 (CZO re farm stands)
Vice Mayor Jones DISCLOSED re Ctty Council's discussion and vote of the encroachment request by Shore
Ventures, Inc forproperty located at the intersection of Independence Boulevard and South Street Although,
Vice Mayor Jones owns Holloman-Brown Funeral Home and its Baystde Chapel IS located across the street
from the Shore Ventures, Inc property, the City Attorney advised hts ownershtp tnterest would not cause a
conflict with respect to this transaction The Ctty Attorney's Request for Confltct of Interests Act Opmton of
September 9, 2003, ts hereby made a part of the record
October 7, 2003
- 25 -
Item V-J. 1.
ORDINANCES
ITEM # 5176 7
Upon morton by Vtce Mayor clones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED
Orchnance to AMEND ~401 of City Zomng Ordinance (CZO) re farm
stands as accessory uses tn the A G-1 andA G-2 Agrtcultural Zontng Dtstrtcts
Vottng 10-1
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Richard A
Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron
A Vtllanueva, Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
October 7, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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 D~stricts].
(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 ~
by the opezatoz of the zoadside 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
display, have a total floor area in excess of two
thousand, five hundred (2,500) square feet or be
greater than ten (10) feet in height 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;
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(iii) The operator of the stand must be the owner or
operator of the agricultural property on which the
stand is located;
(iv) ~~=a~ fifty (50) percent~--~ value of the produce
A substantial portion of the items sold from the
stand shall have been grown, made or produced by
the operator ~ the roadside stand locally;
(v) Items sold shall be limited to farm produce,
locally-harvested seafood, ornamental plants,
flowers, hanginq baskets, hand-crafted items,
vegetable plants, herbs, honey, maple syrup, lams,
jellies, locally-produced juices and cider,
relishes, pottery, baked goods, and similar ztems.
Items which shall not be sold include, wzthout
limitation, tobacco products, alcoholic beveraqes,
clothing, bottled or canned beverages except as
expressly allowed, pet and animal feed and
repackaged goods.
46
47
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 7th day of October, 2003.
CA-8929
wmm/ordres / farmst andordin, wpd
R-2
July 15, 2003
Item V-J.Z
- 26-
ORDINANCES
ITEM # 51768
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED
Orchnance re Non-Bmdmg Memorandum of Understan&ng (MOU) between
Hampton Roads Transit (HRT) and Ctty of Vtrgmta Beach re the
negottatton process to acqutre right-of-way from Norfolk Southern Railway
Company
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
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") is in the process
9 of abandoning its freight service railroad operation on its rail line extending from Park Avenue in
10 the City of Norfolk to Birdneck Road in the City of Virginia Beach, and intends to sell its
11 interest in the approximately 15-male strip of right-of-way ("Right-of-Way")
12
WHEREAS, Transportation Dlstr~ct Commission of Hampton Roads, a body corporate
13 and politic created pursuant to the Transportation District Act of 1964, d/b/a as Hampton Roads
14 Transit ("HRT") and the City, recognizing the potential value to the public as an assembled
15 linear parcel, desire to preserve the Right-of-Way as a continuous strip of property.
16
WHEREAS, HRT intends to acquire the approximately 4 6-male segment of the Right-of-
17 Way located in the City of Norfolk for purposes of establishing a light rail passenger service
18 operation
19
WHEREAS, The Council of the City of Virginia Beach has an interest in purchasing the
20 approximately 10.4-mile segment of the Right-of-Way located in the City of Virginia Beach for
21 future municipal 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 Virginia Beach and HRT wish to accommodate
25 Norfolk Southern in these desires.
26 WHEREAS, HRT has already begun negotiations with Norfolk Southern on behalf of the
27 City of Norfolk and Norfolk State University 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 Vlrglma Beach should enter into a
31 Memorandum of Understanding semng forth the parameters relanng to the negotiation process to
32 acqmre the Right-of-Way located ~n the C~ty of V~rg~ma Beach w~th HRT
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA'
35 That the City Manager ~s hereby authorized and d~rected to sign on behalf of the
36
City of V~rglma Beach, the Memorandum of Understanding w~th HRT ~n a form substantially as
37 presented and attached hereto as Exhibit "A".
38
Adopted by the Council of the City of Vlrg~ma Beach, V~rg~ma, on the 7 th
39 October ,2003.
40
41
42
43
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46
CA-8993
R-1
PREPARED 9/16/2003
F ~DataL4~TYXFom~eeds\WO~G~orfo~ Southern Rt of Way\CA8993 ORD doc
~ day of
APPROVED AS TO CONTENT
(~/ubhc Works, Real~ I~tate D~wsxon
Am'ROVED AS TO LEGAL
/~ ~UFF~CIENF~?
~epa~ent of Lhw ~
MEMORANDUM OF UNDERSTANDING
BETWEEN
HAMPTON ROADS TRANSIT AND
THE CITY OF VIRGINIA BEACH
THIS MEMORANDUM OF UNDERSTANDING, made and entered ~nto this
day of , 2003, by and between the Transportation D~stnct Commms~on of
Hampton Roads, a body corporate and poht~c created pursuant to the Transportation D~stnct Act
of 1964, d/b/a as Hampton Roads Transit ("HRT") and C~ty of Vxrglma Beach, a municipal
corporation of V~rg~nia (the "C~ty")
Recitals
A. Norfolk Southern Railway Company ("NS") ~s in the process of abandoning its
freight service railroad operation on ~ts rml hne extending from Park Avenue in the C~ty of
Norfolk to Birdneck Road ~n the C~ty of V~rg~nia Beach NS ~ntends to sell ~ts interest ~n the
apprommately 15-mile strip of right-of-way (the "NS R~ght-of-Way").
B HRT and the City each desire to preserve the NS R~ght-of-Way as a continuous
strip of property, recognimng its potential value to the pubhc as an assembled hnear parcel
C. HRT intends to acquire the approximately 4.6-male segment of the NS Right-of-
Way located in the City of Norfolk for purposes of establishing a hght rail passenger service
operation.
D The City has an ~nterest in purchasing the approximately 10.4-mile segment of the
NS Right-of-Way located ~n the C~ty of V~rg~ma Beach for future mumclpal and/or
transportation use and other pubhc purposes
E. NS has stated ~ts desire to limit 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 interest in the
entire hne of the NS Right-of-Way at one t~me, 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 HRT wxsh to
accommodate NS in these desires
F HRT has already begun negotiations with NS on behalf of the City of Norfolk and
Norfolk State Umvers~ty and has offered to facd~tate negotiations between NS and the City for
the NS Right-of Way located ~n V~rg~ma Beach and to act as the lead negotiator
G HRT supports the City's desire to acqmre the V~rg~nia Beach segment of the NS
R~ght-of-Way, and to that end, HRT and the C~ty enter ~nto th~s Memorandum of Understanding
setting forth the parameters relatxng 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 consideration, 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 will act as the lead agency in the negotiations
with NS relating to the acquisition of the entire NS Right-of-Way, Including the portion
located in Virginia Beach The City will be directly involved in the negotiations and the
acquisition process; however the City will not have any independent contact with NS
regarding this specific acquisition while HRT is involved in its discussions with NS on behalf
of prospective Norfolk and Virginia Beach purchasers HRT will 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 Virginia Beach segment of
the NS Right-of-Way, and HRT shall not take any action that operates against this purpose.
As to the Virginia Beach segment of the NS Right-of Way, HRT will not act as a negotiator
for any competing prospective purchaser. In the event the City is unable or unwilling to
purchase the Virginia Beach segment, HRT may purchase the segment, provided, however,
that the City has first informed HRT in writing that it no longer intends to purchase all or any
part of the Virginia Beach segment of the NS Right-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/42, Suite 392
Virginia Beach, VA 23456
757-427-8387
jlawson~),vbgov.corn
Appraisal
In 2000, HRT and NS obtained an appraisal of the entire NS Right-of-Way. NS has agreed
to pay for an update of the appraisal to bnng it current. It is anticipated that the updated
appraisal will be completed during the summer of 2003 HRT and NS have agreed that the
updated appraisal 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 is under no obligation to do so
When the 2000 apprmsal was performed, the rail assets, e g., ties, rail, etc. (the "Rail
Infrastructure") were also appraised With NS's pending line abandonment it is expected that
the Rail Infrastructure has no value and, thus, will not impact the final purchase price of the
NS Right-of-Way
3 Surveys, Title Work, Environmental Site Assessments and Legal Costs During the
Negotiations
Dunng the negotiations for the purchase of the NS Right-of-Way, the City will bear the cost
of obtaining title work and environmental site assessments ("ESAs") on the Virginia Beach
segment of the NS Right-of-Way, should the City decide title work and ESAs are necessary;
HRT will bear the cost of an encroachment survey of the entire NS Right-of-Way, including
that portion of the NS Right-of-Way that is in Virginia Beach HRT and the City will each
bear their own legal costs HRT may not retain or perform title work, ESAs, or any legal
services for the City at the City's expense without the City's advance written authorization.
HRT will provide the City copies of all documents it may have in its possession pertaining to
the title or environmental condition of the Virginia Beach segment of the NS Right-of-Way,
including without limitation old title reports, surveys, deeds or previous site studies.
The City will not be responsible for any costs or expenses of any kind pertaining to the
Norfolk segment of the NS Right-of-Way.
4. Process for Acqmrtng the NS Right of Way
After negotiating a purchase price for the entire NS P~ght-of-Way, there remains the task of
actually acqumng the line Because it is NS's stated desire to sell its interest in the entire
line at one time, the City understands that it may be required to fund its 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, in accordance with the
process set forth in Paragraph 1 of this Memorandum of Understanding, alternative payment
arrangements with NS as part of the negotiations, such as an installment plan, lease/purchase,
or other financial plan.
5. Timetable for Negotiation for and Acquisition of the Right of Way
If, by the Target Date (defined below) HRT has not successfully facilitated an agreement
between the City and NS, then the City may (upon notice to HRT in writing) terminate this
Memorandum of Understanding and pursue negotiations directly with NS for the acquisition
of the segment of the NS Right-of-Way located in Virginia Beach Prior to the Target Date,
the City may pursue negotiations directly with NS for the acquisition of the segment of the
NS Right-of-Way located in Virginia Beach only if HRT has first notified the City in writing
that it has abandoned active pursuit of an agreement with NS to purchase the NS Right-of-
Way on behalf of the City. The term "Target Date" means the date thirty (30) months after
the final execution o f this 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
rail 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 Right-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 Right-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 with HRT options to preserve sufficient room for light rail potential if
the NS Right-of-Way can accommodate multiple uses
Nothing In this Memorandum of Understanding, however, shall obligate the City to pursue
light rail or any other use or give 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 HRT, 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 In the future HRT will cooperate w~th such application in order to
facilitate such credit.
8 Maintenance of the Right of Way after Acqms~tIon/Lease
Upon acquiring 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 Poght-of-Way located in
Vlrglma Beach, the City will assume all responsibility for the maintenance and security of
the NS Right-of-Way in Virginia Beach, Including but not limited to vegetation control and
encroachment prevention and remedIatlon. After acquisition, the City shall have no
responsibility for the maintenance of the rail assets including ties, rads, crossing protection,
etc. Once abandonment of the rail freight operation is officially granted, the City agrees to
consult with HRT before removing or pawng over any rail crossing, in accordance with
Paragraph 6 of this Memorandum To the extent prowded 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 in Vtrgima Beach The City agrees to consult with
HRT before entering into any new easement-type agreements, Including renewal of any
existing easements or use agreements
This Memorandum of Understanding may require modification ~n 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 parties have caused this Memorandum of Understanding to
be executed as of the date first written above.
ATTEST/WITNESS:
CITY OF VIRGINIA BEACH,
a municipal corporation of Virginia
City Clerk
(Seal) By:
City Manager/Authorized
Designee of City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Cie ~ttorne~'~-Off~ce ~
APPROVED AS TO CONTENT
rq~bhc Works/Real Estate
APPROVED AS TO
AVAILABILITY OF FUNDS
Manageff~ent.'Servlces
ATTEST/WITNESS:
(Seal)
Secretary
Transportation District Commission
Of Hampton Roads
Transportation District Commission
Of Hampton Roads
By: (Seal)
Michael S. Townes
President/CEO
F kData\ATYkForms\Deeds\WORKING\Norfolk Southern Rt of WayhMOU with HRT1 doc
C \Documents and Sett~ngskrkub~n\Local Settmgs\Temp\GWV~ewerWIOUmsert re termination2 doc
Attachment A
Preliminary Timetable for Right of Way Negotiations with Norfolk Southern
July 2003
(1) Identify key buy/sell/lease points- Week 1
(2) Structure proposals to RR - Weeks 2 through 6
(3) Review optlons/vanahons on basic purchase/lease proposals - Weeks 6
through 10
(4) Present key proposal/contract concepts to HRT - Week 12
(5) Refine strategic plan- Weeks 13 through 15
(6) Review cost lmphcations - Weeks 13 through 15
(7) Enter RR negotiahons - Week 16
(8) Support RR negohations - 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
Vlrglma Beach.
SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANING
Parties'
HRT and the City of Virginia Beach
Purpose.
To set forth a cooperative procedure for negotiating with Norfolk Southern
Rmlway Company for the purchase of apprommately 15 miles of right-of-
way in Virginia Beach
Process.
HRT will be the lead negotiator, but the City will be "at the table" and a
part of all negotiations HRT will not make any offers or affect the City's
bargaining position in any manner without the City's express consent
The City will not be required to buy the property, and will only purchase it
on terms and conditions it specifically 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 obtaining any title work or environmental site
assessments if the City decides they are necessary. HRT will pay for an
encroachment survey of the right-of-way in Virginia Beach Each party
will bear its own legal costs. The City will not pay for any costs
associated with 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 independently negotiate
with Norfolk Southern
No restrictions on future use of property.
HRT has no control over the City's future use of the property. The City
does agree to consult with HR to minimize the impact on potential future
transportation uses before selling or significantly disturbing the integrity
of the right-of-way
CA-8993
F \DataX&,TY\Forms\Deeds\WORKING\Norfolk Southern Rt of Way\SUMMARY OF TERMS OF MEMORANDUM OF
UNDERSTANING doc
-27-
Item V-J. 3.
ORDINANCES
ITEM # 51769
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd ADOPTED
Ordtnance to AUTHORIZE a temporary encroachment re constructtng and
matntamtng a drtveway and two (2) aprons on South Street and
Independence Boulevard for Shore Ventures Inc (Dtstrtct 4 - Baystde)
The followmg condtttons shall be requtred
The temporary encroachment shall be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtnta and
the City of Vtrgmta Beach and tn accordance with the City's
specoqcattons and approval as to stze, ahgnment and locatton
The temporary encroachment shall termtnate upon nottce by the
City to the apphcant and, wtthm thirty (30) days after such notice
ts gtven, the temporary encroachment must be removed from the
encroachment area by the apphcant and the apphcant wdl bear all
costs and expenses of such removal
The apphcant shall tndemmfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages, losses
and expenses, tncludtng reasonable attorney's fees tn case tt shall
be necessary to file or defend an actton artsmg out of the locatton
or extstence of the temporary encroachment
Nothing heretn contained shall be construed to enlarge the
per~ntsston and authortty to permtt the matntenance or
constructton of any encroachment other than that specified heretn
and to the hmtted extent spectfied heretn, nor to permit the
maintenance and construction of any encroachment by anyone
other than the apphcant
5 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant agrees that no open cut of the pubhc roadway wdl
be allowed except under extreme ctrcumstances Request for
excepttons must be submttted to the Htghway Operattons Dtvtston,
Department of Pubhc IVorks, for final approval
The apphcant agrees to obtatn a permit from the Development
Servtces Center of the Planntng Department prlor to commenctng
any construction within the encroachment area
The apphcant shall submtt a stte plan to the Development Services
Center of the Planmng Department, for revtew and approval, for
the rtght-of-way tmprovements to South Street (ummproved), and
that the proposed rtght-of-way tmprovements to South Street
(untmproved) must comply wtth mmtmum Ctty Standards for
subdtvtston streets
October 7, 2003
Item V-J.$.
- 28 -
ORDINANCES
ITEM # 51769 (Continued)
10
I1
12
13
Prtor to issuance ora rtght-of-way permtt, the apphcant must post
surettes tn accordance wtth the project engineer's cost esttmate,
to the Office of Development Servtces Center/Plannmg Department
The apphcant shall obtatn and keep tn force all rtskproperty
msurance and general habthty or such insurance as ts deemed
necessary by the City, and all msurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable The
apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Ftve Hundred Thousand
Dollars ($500,000), combined single hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days' wrttten nottce to the Ctty prtor
to the cancellaaon or termtnatton of, or matertal change to, any of
the insurance pohctes The apphcant assumes all responstbdtttes
and habthttes, vested or conangent, wtth relatton to the temporary
encroachment
The temporary encroachment must conform to the mtntmum
setback requirements as estabhshed by the ctty
The apphcant must submit for revtew and approval, a survey for
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land surveyor, and/or "as budt "plans of
the Temporary Encroachment sealed by a regtstered professtonal
engineer, tf reqmred by either the City Engineer's Office or the
Engtneertng Dtvtston of the Pubhc Utlhttes Department
The Ctty, upon revocaaon of such authortty and permtsston so
granted, may remove the temporary encroachment and charge the
cost thereof to the apphcant and collect the cost in any manner
provtded by law for the collection of local or state taxes, may
requtre the apphcant to remove such temporary encroachment,
and, pendtng such removal, the Ctty may charge the apphcant for
the use of such portton of the Ctty's rtght-of-way encroached upon
the equtvalent of what would be the real property tax upon the land
so occupted tf tt were owned by the apphcant, and if such removal
shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty
shall tmpose a penalty tn the sum of One Hundred Dollars
($100 00) per day for each and every day that such temporary
encroachment ts allowed to continue thereafter, and, shall collect
such compensatton and penalttes tn any manner provtded by law
for the collectton of local or state taxes
October 7, 2003
- 29-
Item V-d. 3.
ORDINANCES
ITEM # 51769 (Continued)
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Vtce Mayor Jones DISCLOSED re Ctty Counctl's dtscusston and vote of the encroachment request by Shore
Ventures, Inc for property located at the tntersectton of Independence Boulevard and South Street Although,
Vtce Mayor Jones owns Holloman-Brown Funeral Home and tts Baystde Chapel ts located across the street
from the Shore Ventures, Inc property, the Ctty Attorney advtsed hts ownershtp tnterest would not cause a
confltct wtth respect to thts transactton The Ctty Attorney's Request for Confltct of Interests Act Optnton of
September 9, 2003, ts hereby made a part of the record
October 7, 2003
LESLIE L LILLEY
CITY ATTORNEY
City of Vi:rginia
September 9, 2003
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427 4531
FAX (757) 426-5687
TDD (757) 427-4305
Vice-Mayor Lores R. Jones
Virgima Beach City Council
Mummpal Center
Vlrg~ma Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Vice-Mayor Jones'
I am writing to confirm our discussion earlier today Your question concerned an
encroachment request by Shore Ventures, Inc. for property located at the intersection of
Independence Boulevard and South Street You own Holloman-Brown Funeral Home, and its
Bayslde Chapel is located across the street from the Shore Ventures, Inc property Based on the
nature of the encroachment request and my review ora map of the propemes, I concluded that it lb
not reasonably foreseeable that you would reahze a d~rect or ~ndlrect benefit or detriment as a result
of City Council's consideration of the encroachment request. Therefore, your ownership ~nterest ~n
tt,¢ Bayside Funeral Chapel would not cause you'to have a conflict with respect to this transact]on
under the State and Local Government Conflict of Interests Act
Please contact me should you desire any additional information.
Very truly yours,
Lbslie L Ldley~
City Attorney
LLL/RRI
LESLIE L LILLEY
CITY AI-rORNEY
City of Virginia Beach
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427 4531
FAX (757) 426-5687
TDD (757) 4271~305
September 9, 2003
Vice-Mayor Louis R. Jones
Virglma Beach City Council
Mummpal Center
Vlrg~ma Beach, VA 23456
Re' Request for Conflict of Interests Act Opimon
Dear Vice-Mayor Jones'
I am writing to confirm our discussion earher today Your question concerned an
encroachment request by Shore Ventures, Inc for property located at the ~ntersechon of
Independence Boulevard and South Street. You own Holloman-Brown Funeral Home, and ~ts
Bays~de Chapel ~s located across the street from the Shore Ventures, Inc property Based on the
nature of the encroachment request and my review of a map of the properties, i concluded that ~t ~
not reasonably foreseeable that you would reahze a d~rect or ~ndlrect benefit or detriment as a result
of C~ty Council's consideration of the encroachment request Therefore, your ownership interest ~n
the Bays~de Funeral Chapel would not cause you to have a conflict w~th respect to th~s transacnon
under the State and Local Government Conflict of Interests Act
Please contact me should you desire any additional information
Very truly yours,
Leshe L Lflle3~ ......
C~ty Attorney
LLL/RRI
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-
z 6 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 Councd may prescribe.
18
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
2O
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, SHORE VENTURES, INC., a
V~rgima 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
(2) proposed dwellings upon the City's right-of-way South Street (unimproved) as shown
2s on that certain plat entitled: "SOUTH ST. & INDEPENDENCE BLVD PART OF LOTS 1
26 <~ 2, BLOCK 7 GPIN ' 1479-41-1512 C. H. FENTRESS (M.B. 7, PT. 2, PG. 125)", a copy
27 of which ~s 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 in the Agreement between the City
3 ~ of V~rg~nia Beach and SHORE VENTURES, INC., a V~rginia corporation (the "Agreement"),
which ~s 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 V~rginia corporation and the City Manager or
37
38
39
his authorized designee execute the Agreement.
Adopted by the Council of the City of Virgima Beach, Virginia, on the 7th
day of October ,2003.
40
41
42
43
44
A~)_ROVED AS TO CONTENTS
-r~ C/ SZGNA"~URE
DEPARTMENT
45
46
47
48
49
5O
51
CA- 8955
PREPARED August 14, 2003
H \WP8\KENNEDY~ENCS\shoreventures ord wpd
APPROVED AS TO LEGAL
GPIN
1479-41-1512
LOTS 1 & 2
LOCATION MAPFOR ENCROACHMENT
FOR
SHORE VENTURES, INC.
SECORNER OF INDEPENDENCE BLVD.
& SOUTH ST.
SCALE: 1" = 200'
SHORE VENTURES DGN M J S
PREPARED BY P/W ENG CADD DEPT 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
20 Q~ , 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
"Grantee" even though more than one.
TITLE, ,
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
2
and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of the Temporary Encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the Grantee.
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard.
It is further expressly understood and agreed that the
Grantee agrees that no open cut of the public roadway will be
allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division
of the Department of Public Works for final approval.
It is further expressly understood and agreed that the
Grantee must obtain a right-of-way permit from the Development
Services Center of the Planning Department prior to commencing
any construction within the Encroachment Area.
It is further expressly understood and agreed that 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
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
and/or "as built" plans of the
or a licensed land surveyor,
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 ($100.00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
IN WITNESS WHEREOF, the said SHORE VENTURES, INC., a
Virginia corporation, has caused this Agreement to be executed in
its corporate name and on its behalf by its president. Further,
that the City of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
SHORE VENTURES, INC.
a Virginia corpo~"~.~
Michael Megge,/P~e~ident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 20 , by
· City Manager/Authorized
Designee of the City Manager, on behalf of the CITY OF VIRGINIA
BEACH. He/She is personally known to me.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Notary Public
The foregoing instrument was acknowledged before me
BEACH. He/She is personally known to me.
this day of , 20 , by
, City Clerk/Authorized
Designee of the City Clerk, on behalf of the CITY OF VIRGINIA
Notary Public
~ My Commission Expires:
STATE OF
CITY/COUNTY OF .~;l~l~ql~-~,$~-~ , to-wit:
The foregoing instrument was acknowledged before me
this ~ day of ~~ , 20 Q3 , by
Michael Megge, President, on behalf of SHORE VENTURES, INC., a
Virginia corporation.
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATT~ORNEY
~ N~ota~ Publi~
APPROVED AS TO CONTENT
-7",~, CITY REAL ESTATE AGENT
'~ i LOT lB
~~ II BL K- F
7,503 so FT
OR 0 1722 AC
((
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PROPOSED
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SCALE 1"= :2000'
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(FORMER~ Y BAY SHORE ROAD--M.B. 7, PT 2, PO ~ 25)
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Landscape Architects 757 431 1041
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proj man EAG
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COMMENTS
SOUTH ST. & INDEPENDENCE BLVD.
PART OF LOTS 1 & 2, BLOCK 7
GPIN, 1479-41-1512
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scale draw,ng t,tle
?-40' ENCROACHMENT AGREEMENT PLAT
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SOUTH STREET LOOKING �'' ` . •
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LOOKING EAST
- 30-
Item VoJ. 4.
ORDINANCES
ITEM # 51770
Upon motion by Vice Mayor clones, seconded by Counctlman Reeve, Ctty Council ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $740, O00 from the Federal
Emergency Management Agency (FEMA) to the Fire Department's FY
2003-04 Operattng Budget re equtpment and trmntng support of the Urban
Search and Rescue Team
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
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
20
21
22
23
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 7th day of Octobgr2003.
CA-9014
Ordin/Noncode / FEMAr e s cueo rd. wpd
R-1
September 24, 2003
Approved as to Content
Management Services
Approved as to Legal
Sufficiency
~lty 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&R Weapons of Mass
Destruction (WMD) grant program for fiscal year 2002 has been approved in the amount
of $740,000. Four copies of the award document, FF 40-21, for Cooperative Agreement
No. EMW-2003-CA-0067 are enclosed.
Please sign, or have an authorized official sign, and return three (3) copies of the award
document to the address below as soon as possible:
Federal Emergency Management Agency
Office of Financial Management
Grants Management Branch
500 C. Street, SW, Room 350
Washington, DC 20472
Attn: Lisa A. Lewis
The fourth copy of the agreement is for your use pending receipt of the fully executed
copy.
Please make sure that you have read and understand the enclosed Agreement Articles.
Signature on the FEMA Form 40-21 represents agreement to these articles.
Should you have any questions concerning this award, please contact me at
(202) 646-4572.
Sincerely,
Lisa A. Lewis
Enclosures
Item V-d.$.
- 31 -
ORDINANCES
ITEM # 51771
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED
Ordtnance to TRANSFERS683, O00 from Reserve for Conttngenctes tn the FY
2003-04 Operatmg Budget to support ehgtble full-ttme employee merit pay
increases from 3 65% to 4 05%
Vottng I I-O
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
l0
12
13
14
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' ~Sffice
Item V-J. 6.
- 32-
ORDINANCES
ITEM # 51772
Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADOPTED
Ordinance to TRANSFER an ADVANCE of $100,000 re construction of
restrooms at Croatan Beach
Voting 11-0 (By ConsenO
Council Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba $
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
October 7, 2003
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 of 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 %4-040, 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 7th day of October , 2003.
CA-8987
Ordin/Noncode/croatanrestrmord.wpd
R-4 - September 29, 2003
APPROVED AS TO CONTENT-
~Managen~efi~ Services
APPROVED AS TO LEGAL
SUFFICIENCY'
City A~torneyus Offi~ce
Item V-J. 7.
- 33 -
ORDINANCES
ITEM # 51773
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED
Ordtnance to TRANSFER $78,336 to the FY2003-04 Operattng Budget o./
the City Attorney re addtng two (2)full ttme employee postttons
Vottng 11-0 (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, Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Council Members Absent
None
October 7, 2003
AN ORDINANCE TO ADD TWO FULL-TIME
EMPLOYEE POSITIONS AND TRANSFER
$78,336 TO THE FY 2003-04 OPEP~ATING
BUDGET OF THE CITY ATTORNEY'S OFFICE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1o That the following full-time employee positions are
13 hereby establzshed 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. Senmor City Attorney
17
b. Office Assmstant 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 7th day of October
25
26 CA-9019
27 ordin/noncode/C~ty Attorney REFTE.ord.wpd
28 October 1, 2003
29 Ri
30
31
32 APPROVED AS TO CONTENT:
33
34
35
36
37
Adopted by the Council of the City of Virginia Beach,
, 2003.
APPROVED AS TO LEGAL
SUFFICIENCY:
- 34-
Item V-K. 1.
APPOINTMENTS
ITEM # 51774
B Y CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
MINORITY BUSINESS CO UNCIL
TIDEWATER REGIONAL GROUP HOME COMMISSION
October 7, 2003
- 35 -
Item V-K. 2.
APPOINTMENTS
ITEM # 51775
Upon motton by Vtce Mayor Jones, Ctty Counctl REAPPOINTED:
Kathy Vaughan Lloyd
4 Year term
10/01/03-09/3 0/0 7
/i GRICUL TURAL ~ID VISOR Y COMMISSION
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R ,/ones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
-36-
Item V-K. 3.
APPOINTMENTS
ITEM # 51776
Upon motion by Vtce Mayor Jones, Ctty Councd
REAPPOINTED:
Stephen J. Mansfield
Gerrie King West
2 year terms
11/01/03-10/31/05
AND, APPOINTED
Glenda Knowles
Peter Mooz
2 year terms
11/01/03-10/31/05
HISTORICAL REVIEW BOARD
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter
W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood
Councd Members Vottng Nay
None
Councd Members Absent
None
October 7, 2003
-37-
Item V-M. 1.
ADD-ON
NE W BUSINESS
ITEM # 51777
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl ADDED to NEW
BUSINESS
Resolutton DECLARING an EMER GENCY for thepurpose of protecttngpubhc
health and safety and authortzmg the Ctty Manager to tssue permtts for certatn
sand-movtng and grading acttvtttes on the Beaches of the Chesapeake Bay (180
days)
(recommended by Counctlman Wood)
Vottng 11-0
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, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
October 7, 2003
- 38-
Item V-M. 2.
ADD-ON
NE W BUSINESS
ITEM # 51778
Upon motton by Councilman Wood, seconded by Counctlman Reeve, Ctty Counctl ADOPTED:
Resolutton DECLARING an EMERGENCY for the purpose of protecttngpubhc
health and safety and authorlztng the Ctty Manager to tssue permtts for certatn
sand-moving and gradtng acttvtttes on the Beaches of the Chesapeake Bay (180
days)
(recommended by Counctlman Wood)
Voting 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter
W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood
Council Members Voting Nay
None
Counctl Members Absent
None
October 7, 2003
- 39-
Item V-M.2.
NEW BUSINESS
ITEM # 51779
BY CONSENSUS, Ctty Counctl RECORDED:
ABSTRACT OF CIVIL CASES RESOLVED - September 2003
October 7, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A RESOLUTION DECLARING AN EMERGENCY FOR THE
PURPOSE OF PROTECTING PUBLIC HEALTH AND SAFETY
AND AUTHORIZING THE CITY MANAGER TO ISSUE
PERMITS FOR CERTAIN SAND-MOVING AND GRADING
ACTIVITIES ON THE BEACHES OF THE CHESAPEAKE
BAY
WHEREAS, on September 18, 2003, Hurricane Isabel delivered
damaging winds and surf in the City of Virginia Beach;
WHEREAS, Hurricane Isabel caused beach erosion and damaged
sand dunes on certain areas of the beach on the Chesapeake Bay in
the City of Virginia Beach;
WHEREAS, on September 16, 2003, the City Manager issued a
Declaration of Local Emergency and the City Council of the City of
Virginia Beach passed an Ordinance confirming the City Manager's
declaration on September 23, 2003;
WHEREAS, owners of certain bayfront properties have requested
authorization to move sand and grade and contour the beach zn front
of their properties;
WHEREAS, Section 1602(k) of the Coastal Primary Sand Dune
Ordinance allows the City Council to authorize certain sand-moving
and grading activities on the beach and dunes where an emergency
has been declared for the purpose of protectzng the public health
and safety; and
WHEREAS, the City Council is of the opinion that those owners
of properties within the areas described herein whose propertzes,
together with the beach and dunes adjacent thereto, have suffered
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
49
5O
erosion as the result of Hurricane Isabel should be allowed to
apply for a permit to correct such damage.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, pursuant to Section 1602(k) of the Coastal Primary Sand
Dune Ordinance, the City Council declares that an emergency exists
and that for the purpose of protecting the public health and safety
of persons and property located on the Chesapeake Bay ~n the City
of Virginia Beach, the City Council resolves as follows:
1. This Resolution shall have application only to
properties located adjacent to the beaches on the
Chesapeake Bay in the City of Virginia Beach, from the
western boundary of First Landing State Park on the
East, to the city line on the West.
2. That upon adoption of this Resolutzon, any owner of
property located on the Chesapeake Bay, as descrzbed
above, may make application to the Department of
Planning pursuant to Section 6-13 of the City Code,
for a permit to alter the contours of the sand from
the shores, beaches and dunes adjacent to and ,~ .... · ~
or her property.
3. That the City Manager, or his designee, may attach
reasonable conditions to any permit issued pursuant
this Resolution and City Code Section 6-13.
51
52
53
54
55
56
57
58
59
6O
4. That no permit shall be issued unless the City
Manager, or his designee, makes the finding that the
erosion or other condition sought to be corrected was
caused by the effects of Hurricane Isabel a~d thaa the
work to be performed pursuant to the permit is solely
for the purpose of correcting such conditions.
5. That this Resolution shall be in effect for a period
of 180 days following its adoption.
Adopted by the City Council of the City of Virginia Beach,
Virginia, this 7th day of October , 2003.
CA9026
Ordin/Noncode/Sand Moving. RES
10/3/03
R-2
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY'
Ci~ lt~orne'y's Office
? /~-7-%~
Item V-M. 3.
NE W BUSINESS
- 40-
ITEM Pt 51780
Mayor Oberndorf referenced the e-mad recetved from Debra Ntcholson and Arlene Halvorsen relattve the
trimming of the live oaks on Shore Drtve re FORT WORTH DEVELOPMENT, IN(.' Cond~ttonal Use
Permtt apphcatton approved by Ctty Council on August 12, 2003 and SCHEDULED for RECONSIDERATION
on October 28, 2003 Ma~vor Oberndorf beheves an Arbortst should have been present to assure the proper
trtmmtng
Councilman Schmtdt advtsed although he does not beheve there was any mahctous tntent, the trees have been
trtmmed The trtmmtng supposedly was to enable the butldtng of a fence around these hve oaks for
preservation purposes In effect, the trees were injured tn the process
Counctl Lady Wtlson advzsed the developer had contacted her and advtsed the pruning of the hve oak trees
was part of the process to lengthen the hfe of the trees
Counctlman Vdlanueva advised thts was discussed durtng the Informal Sesston The apphcant will present
an alternative to the apphcatton to the Members of Ctty Counctl and the Planmng Department Thts plan
would protect the hve oak trees
Counctlman Dtezel ts opposed to the purchase of this property
Counctlman Wood referenced the presentatton by Clay Bermck re hve oaks during the Shore Drive Advisory
Commtsston meettng Mr Berntck tndtcated the hve oak tree ts not a protected nor endangered tree
October 7, 2003
- 41 -
Item V-N.
ADJOURNMENT
ITEM # 51781
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 6 35 P M
Beverly 0 Hooks, CMC
Chief Deputy Ctty Clerk
City Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
October 7, 2003
- 41 -
Item V-N.
ADJOURNMENT ITEM 4 51781
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:35 P.M.
Beverly O. Hooks, CMC Louis R. Jones
Chief Deputy City Clerk Vice Mayor
'uth Hodges Smith, MMC Meyera Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
October 7, 2003