OCTOBER 6, 1998 MINUTESity of Virg ' riia ~
"WORLD'S LARGE~T RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, AI-LorRe
VICE MAYOR W/LIJAM D. SESSOMS. JR., A~-[arge
L/NWOOD O. BRANCH 1l1, Disrricr 6-Beach
MARGARET L. EURE. Dirrrin 1-Crnrervi(Ie
WlLL1AM W. NARRISON, JR., Dislrief 5-/.ymdwvrn
HAROLD HEISCHOBER. A7-l.arge
BARBARA M. HENLEK District 7-Princess Anne
LOU/S R. JONES. Distric! 4-Bayside
REBA S. McCL1NAN, District 3-Rosr Hutl
NANCY K. PARKER, At-Largt
A.M. IDON) WEEKS. Distric~ 2-Kempsville
C/T}'HALL BUlLOlNG f
240/ COURTHOUSE DR/VE
CITY CO U N C I L AG E N DA VIRGINIA BEACH, VlRGlNIA 23436-9lNIS
lAMES K. SPORE. Ciry Mnnuger PflONE: (757) 427-4.ill,i
LESLIE L. LILLEY, Ciry A~mrney FAX: (757) 416-56I9
RUTH HODGES SM(TH, CMC/AAE. Ciiy Clerk BMAIL: CPYCNCL@CITY.VIRGIN(A-BEACH.VA.US
06 October 1998
I. CIT'Y MANAGER'S BRIEFING - Conference Room - 10:30 AM
A. SANDBRIDGE ROAD CORRIDOR
Clarence O. Warnstaff, Director, Public Utilities
Acting Director, Public Workr
II. COUNCIL PRESENTATIONS
A. CONSTITLJTIONAL AMENDMENTS R:EFERENDLTM QUESTIONS
Councilman Louis R. Jones
B. TRT MERGER
Council Lady Barbara M. Henley
Councilman Don Weeks
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. ()bemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
- Conference Room - 1:00 PM
VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. 0`berndorf
B. INVOCATION: The Reverend Stephen D. Hay
Sandbridge Beach C~ommunity Chapel of the United Methodist Church
C.
D.
E.
F.
G
H.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LJNITED STATES OF AMERICA
ELECTRO1vIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF EXECUTIVE SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS - 22 September 1998
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
ORDINANCES
1. Ordinance to AMEND Section 2-226 of the City Code, updating the list of Official City
Depositories.
2. Ordinance to APPROPRIATE $200,000 from the General Fund Balance, to provide an
interest-free loan to the Virginia Beach Volunteer Rescue Squad re purchase of a
replacement squad truck.
3. Ordinance to TRANSFER $2,055 from the General Fund Reserve for Contingencies re
reimbursement of the Water and Sewer Fund for the costs of water and sewer fees
associated with the construction of'a Habitat for Humanity single-family home.
(Sponsored by Mayor Meyera E. C)berndorf and Vice Mayor W. D. Sessoms, Jr.)
4
5
Ordinances re temporary encroachments:
a. Into a portion of the City's right-of-way by PETER W. and CAROL A.
BULKELEY to construct and maintain two (2) brick pillars at 2735 Spigel Drive;
and, authorizing the City :Manager to execute the Agreement (LYNNHAVEN -
DISTRICT 5).
b. Into a portion of the twenty••five foot (25') strip of City-owned property surrounding
Lake Joyce by MITCHELL V. and JADON L. CALAYO to construct and
maintain a proposed bulkhead, return walls, boat ramp and retaining walls with
related backfill and to maintain an existing bulkhead adjacent to 4449 Blackbeard
Road; and, authorizing the City Manager to execute the Agreement (BAYSIDE -
DISTRICT 4).
Ordinance to confirm appointmen~s to the Deferred Compensation Board:
Appoint: Patricia A. F'hillips, Clarence O. Warnstaff, Beverly Spencer
Reappoint: Fagan Stackhouse, Gene LeJeune
6.
CERTIFICATES OF PUBLIC CONVEIVIENCE and NECESSITY
James Tazi Service
Marquis Limousine
Regal Limousine, Inc.
7. REFUNDS:
a. License - $21,388.95
b. Tax - $ 3,007.62
I. PUBLIC HEARING - PLANNING
l. Application of SUE D. FRANCE for an enlargement of a non-conforming use at
1741 London Bridge Road re th.~ demolition, relocation and enlargement of one of
two non-conforming, single-family dwellings on one lot, containing 1.51 acres
(DISTRICT 6 - BEACH).
Deferred: 22 September 1998
Recommendation: DENIAL
J. UNFINISHED BUSINESS
1. CNIL LAWSUITS RESOLVED I~URING THE MONTH OF SEPTEMBER 1998.
K. NEW BUSINESS
L. ADJOURNMENT
**********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERIK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic D~vice for the Deafl
**********
10/O1/98cmd
AGENDA\10-06-98.
www.vir~inia-beach.va.us
CITY OF V/RG/N/A BEACH
SUMMARY OF COUNCIL ACTIONS
H
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DATE: 22 September 1998
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AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
I BRIEFINGS:
A ART OF GLASS EXHIBIT Barbara
Blcemink
Exec Dir
Contemporary
Arts Center
B YEAR 2000 (Y2K) David Suilivan
Dir Info Tech
C AMENDMENTS TO CONSTITUTION OF Robert R
VIRGINIA Matthias
Assistant to
City Manager
D BOARDS/COMMISSIONS REVIEW Robert R
Matthias
Assistant to
City Manager
IIlIII/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y
IV/V/ SESSION
E
F/1 MINUTES - 8 September 1998 APPROVED 9-0 Y Y A Y Y Y Y A Y Y Y
B
S
T
A
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N
E
D
2 MINUTES - 15 September 1998 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
G/H/ PUBLIC HEARING NO
SPEAKERS
1 EXCESS CITY REAL ESTATE
PROPERTY
Adjacent to 2201 Bierce Drive
(DISTRICT 7 - PRINCESS ANNE)
i/1 Ordinance to declare City-owned property ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
as EXCESS adjacent to 2201 Bierce BY CONSENT
Drive/authorize dispose of same
(DISTRICT 7 - PRINCESS ANNE)
2 Ordinance to AMEND Section 2-6 of the ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
City Code re RAAC/changing the name to BY CONSENT
RAC/responsibility of TGIF/amending
the By-laws
3 Ordinance to authorize temporary DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y
encroachment into portion of City's r-o-w 03/23/99
by GREAT NECK BAPTIST CHURCH re BY CONSENT
directional signs at Great Neck Road/Old
Donation Parkway/Inlynnview Road
(DISTRICT 5 - LYNNHAVEN)
4 Ordinance to authorize encroachment into ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
portion of City's drainage easement Canal BY CONSENT
No. 2 by HERMES ABRASIVES, Ltd to
construct chain link fence at Viking/
Avenger Drives (DISTRICT 6 - BEACH)
5 Ordinance to authorize encroachments ADOPTED 6-4 Y N Y Y Y Y N A N Y N
into portion of City's r-o-w by CHURCH
POINT COMMONS to construct sign at
1700 Pleasure House Road (DISTRICT 4
- BAYSIDE
C/TY OF V-RG/N/A BEACH
SUMMARY OF COUNC/L ACT/ONS
H
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DATE: 22 September 1998
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ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
6. Ordinances to provide lease of portions of ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
City property re wireless BY CONSENT
telecommunications facilities:
a 5023 Providence Road (DISTRICT 2-
KEMPSVILLE)
b 1848 Pleasant Ridge Road (DISTRICT 7-
PRINCESS ANNE)
7 LICENSE REFUNDS -$6,650.69 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
BY CONSENT
J/1 Petition of WELDON T, JR/GERTRUDE A APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
BYRNS for Gosure of a portion of BY CONSENT
unnamed sUeet at Norfolk/Southem RR
r-o-w (DISTRICT 2 - KEMPSVILLE)
2 SUE D FRANCE for enlargement of non- DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y
conforming use at 1741 London Bridge 10/13/98
Road re demolition/relocation/enlargement BY CONSENT
of one of two non-conforming, single-
family dwellings on one lot (DISTRICT 6-
BEACH)
3 ALLEN R BAER CUP: car wash/auto APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
repair on Tiffany Lane/Princess Anne CONDITIONS
Road (DISTRICT 7- PRINCESS ANNE) REVISED
to change hours/
add Condition
Nos. 8/9/10
4 COXCOM INC/dba COX COMMUN- APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
ICATIONS HAMPTON ROADS re 2636 AS
Princess Anne Road (DISTRICT 7- PROFFERED
PRINCESS ANNE) BY CONSENT
a COZ from AG-2 to Conditional B-2
b CUP: fiber optic transmission facility
5 Applications re Rosemont Road/Dam
Neck Road (DISTRICT 7 - PRINCESS
ANNE):
a ROSEMONT COMMERCE PARK/ARBOR APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
TREE EXPERTS COZ from R-5D to AS
Conditional I-1 PROFFERED
BY CONSENT
b ARBOR TREE EXPERTS INC CUP: APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
processing woody vegetation/storage of CONDITIONED
same subject to no
grinding after 5
PM nor on
Sundays and
further subject to
Council's deter-
mination within
30 days whether
to Reconsider
6 O& R INC COZ from R-10 to A-12 with APPROVEO/ 8-2 Y Y Y Y Y Y N A N Y Y
PD-H Overlay on Salem Road/Lynnhaven CONDITIONED
Parkwa (DISTRICT 1- CENTERVILLE) BY CONSENT
7 DEVELOPMENT AUTHORITY COZ re APPROVED 8-2 Y Y Y A Y Y N Y Y Y N
Holland Road/South Independence
Boulevard (DISTRICT 3 - ROSE HALL)
a from P-1 to I-1
b from B-2 to I-1
C/TY OF VIRG/N/A BEACH
SUMMARY OF COUNC/L ACTIONS
H
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DATE: 22 September 1998
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AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION VOTE H E N R Y S N F R S S
8 Ordinance to AMEND Sections 2/4/7/9 of ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
the Airport and Noise Attenuation and BY CONSENT
Safety Ordinance (Appendix I) of the City with Sec 9 being
Code re renaming Airport Noise effective
Zones/Aircraft Accident Potential Zones/ 11/01/98
requiring new disclosures with certain real
estate transactions
9 Ordinances re new Air Installations ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Compatible Use Zones (AICUZ): BY CONSENT
a AMEND Section 221.1 of the CZO re
specific standards for certain conditional
uses
b AMEND the official City Zoning Map
without change in the official zoning
desi nation to reflect the new AICUZ
K APPOINTMENTS:
DEVELOPMENT AUTHORITY APPOINTED 10-0 Y Y Y A Y Y Y Y Y Y Y
4 Year Term
Robert G Jones 09/01/98
thru
08/31 /2002
WETLANDS BOARD 10-0 Y Y Y A Y Y Y Y Y Y Y
John A Baum APPOINTED
Edward A Barco REAPPOINTED
B W "Rod" Rodriguez
ALL: 5 Year
Terms
10/01/98 thru
09/30/2003
UM/1/ DESIGNATION OF VOTING NO DELEGATE
DELEGATES DESIGNATION
Mayor will write
a National League of Cities (NLC) letter
Annual Conference - December 1- 5/98
ADD- Citizen (Elaine Hall of Bow Creek CITY MGR &
ON Presbyterian Church) sponsored by CITY ATTY
Council Lady McClanan, re number of will research and
charitable fund-raisers allowed per year advise citizen
N ADJOURNMENT: 10:32 PM
VIRGINIA BEACIH CITY COUNCIL
Virginia Be.ach, Virginia
October 6, 1998
Vice Mayor William D. Sessoms called to order the 1^ITYMANAGER'S BRIEFING re SANDBRIDGE
ROAD CORRIDOR in the Council Conference Rocm, City Hall Building, on October 6, 1998, at 10.•30
P.M.
Council Members Present:
Linwood O. Branch, IIl, Harold Heischober, Barbara M. Henley, Louis R.
Jones, Reba S. McClanan„ Vice Mayor William D. Sessoms and A. M.
"Don " Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf
~ATTENDING NEWS CONFERENCE ON
BEHALF OF THE CITYINNEW YORKJ
Margaret L. Eure
William W. Harrison, Jr
[A7TENDING VIRGINIA MUNICIPAL
LEAGUE/ROANOKE, VA.J
[ENTERED: 10: 35 A.M.J
Nancy K. Parker [MEMORIAL SERVICE IN CHARLESTON,
SOUTH CAROLINA, FOR DECEASED
MEN STATIONED ON THE YORKTOWN -
FATHER TO BE HONORED
MINIUTES
-2-
CITY MANAGE.R `S BRIEFING
SANDBRIDGE RDAD CORRIDOR
10:30 A.M.
ITEM # 44124
Clarence Warnstaff, Acting Director of Public Works, introduced Phil Pullen, Public Works Project
Manager, and Bill Davidge, Project Manager - Wiley~ & Wilson, Consultant firm retained by the City. Mr.
Warnstaf~`'cited:
FERRELL PARKWAYPHASES VIAND VII
PROJECT CHRONOLOGY
August 1967 Water Main installatzon was completed in
the Ferrell Parkway FR/W. An easement
generally 30' wide wa~s obtained.
March 1968 City first proposed Ferrell Parkway
(known as Indian Riv~er CourthouseRoad)
as a major arterial on the planned 1985
Major Thoroughfare ~Plan.
June 14, 1971 City Council approved Master
Transportation Pla~n which included
Ferrell Parkway Ph. VI and VII (False
Cape Parkway), and it was designated as a
110' major arterial.
December 16, 1974 Revision of Master .Street and Highway
Plan (MS & HP) designating False Cape
Parkway as 110' R/W from I-64 to
Sandbridge.
July 17, 1978 Revision of MS & HP redesignating name
as Ferrell Parkway.
February 27, 1989 Council approved a resolution which
authorized the acquisition of the property
required for Ferrell Parkway Ph. VI and
VII from Camino Reul east to Sandbridge
Road, due to the exp~ansion of the Back
Bay National Wildlife~ Refuge (BBNWR).
July 1990 Ferrell Parkway Ph. VI and VII first
appeared in the FY 1~90-1994 CIP.
October 1990 Ciry hired Langley and McDonald to
perform preliminary Esngineering work for
Ferrell Parkway Ph. T~I and VII.
January 1991 Langley and McDunald's Alternatives
Analysis finalized Report findings and
recommended Ferrell ParkwayPh. VI and
Vli as alternative.
July 1991 Ferrell Parkway Ph. VI and VII officially
added to VDOT SYIP.
July 1992 VDOT hired MAI (,?l~laguire Associates,
Inc.) to perform engineering work related
to Ferrell Parkway Ph. VI and VII
April 1993 City deferred the Ferrell Parkway Ph. VI
and VII project and dropped it from the
CIP
October 6, 1998
-3-
CITYMANAGEIt `S BRIEFING
SANDBRIDGE R4AD CORRIDOR
ITEM # 44124 (Continued)
Apri11996 BBNWR made a laiid swap offer to the
City in which they garoe the City BBNWR
owned land adja~cent to existing
Sandbridge Road in exchange for Ciry
owned Ferrell Parkx~ay Ph. VII right-of-
way.
July 1996 City approved funding for a study for the
corridor and the Sandbridge Road
Corridor Study (CIP 2-197) was initiated.
October 1996 City hired Wiley 8~ W'ilson to perform the
study to include an alternative analysis an
evaluate all possible long-term roadway
improvement alternaRives.
August 31, 1998 Wiley & Wilson study complete.
September 2, 1998 Ciry staff and Wiley ~: Wilson staff briefed
the City Manger on th<z findings of the study
in which the Ferrell Parkway alignment
was the recommended alternative.
Concerning the results of the Public Meeting held on May 21, 1998, approximately 280 comments were
received.
PREFERRED ALTERNATIVE
Ferrell Parkway 57%
Sandbridge Road 25%
Other Alternatives 11 %
Minorlmprovements 3%
No Preference 4%
The following Civic Leagues have indicated their preference:
Lago Mar Civic League Ferrell Parkway
Lotus Drive/Flanagans Lane/
Sandbridge Road Civic Group Ferrell Parkway
(Petition with 116 names)
Sandbridge Civic League Sandbridge Road
Sandbridge Civic League Ferrell Parkway
(Select Group)
Petition with 176 names)
Bill Davidge, described the process of the Sandbridge Road Corridor Study. The study commences at
General Booth Boulevard and Princess Anne Road thErn extends to the Oceanfront where Sandbridge Road
meets Sandfiddler. It is outlined to include the existin~~ Sandbridge Road, as well as areas north, including
the Ferrell Parkway right-of-way. The next step of thEr Study is to formulate a number of alternatives to be
evaluated in theprocess of the Study. Thefirst basicallv consisted ofshort term improvements to Sandbridge
Road. These types of improvements would consist ofpavement markings which would better outline the edge
ofroadways and the centerline of the roadway, and would include a widening ofshoulders to make traveling
safer. These wouldalso include a number ofsigns andsignal improvements. In addition to this, they include
improvements to various curbs along Sandbridge Road, which are very sharp. Six different long-term
alternatives were reviewed.
Alternative B: commences at Ferrell Parkway and General Booth Boulevard, moving along
the Ferrell Parkway right-of-way, until it meets Sandbridge Road at the sharp curve and then
goes into the Beach.
Alternative C: commences at Ferrell Parkway and General Booth Boulevard, travels along
the Ferrell Parktvay right-of-way until Atwoodtown Road is reached, then it proceeds
generally south alongAtwoodtown Road to Sandbridge and Lotus, then alongLotus and then
generally tracking Sandbridge Road the rest o;fthe way east to the Oceanfront.
October 6, 1998
-St-
CITYMANAGER `S BRIEFING
SANDBRIDGE ROAD CORRIDOR
ITEM # 4412~ (Continued)
Alternative D: commences at Ferrell Parkway and General Booth Boulevard, it cuts the open
land and meets Sandbridge Road just east of t,he Food Lion, then tracks existing Sandbridge
Road until it gets to the front of the Elementary School, then crosses country behind
Sandbridge Road and meets up with Sandbri'dge Road near Flanagans Lane, then tracks
Sandbridge Road from that point basically thE~ rest of the way as in Alternative C.
Alternative E: commences at Princess Anne ar~d General Booth. It seeks to improve the curve
and again tracks Princess Anne to Sandbridge, then tracks Sandbridge Road across Las
Brisas and Lago Mar, but just short of the int~~rsection ofAtwoodtown it breaks to the north
and crosses Atwoodtown Road, then goes behind Lotus and then links up with Sandbridge
Road, just before Hells Point Creek and from there it follows Sandbridge Road along the lines
of the rest of these alternatives.
Alternative F: commences at Princess Anne and General Booth, but crosses country and
meets up with Sandbridge Road at its interse~:tion with Princess Anne. This alternative is
similar to another alignment studied by L~2ngley and McDonald. Instead of tracking
Sandbridge Road, it winds behind homes that fczce Sandbridge Road, then crosses Sandbridge
Road at Flanagan's Lane, cuts south, then cuts back north, crosses Sandbridge Road here,
and crosses Hell Points Creek, then meets Sandbridge Road near the end of the Golf Course
and then tracks Sandbridge Road the rest of tl'ie way to the Oceanfront.
Alternative G: most closely tracks the e.xistirng road, both Princess Anne and Sandbridge
Road. It starts at Princess Anne and General B~~oth, follows a tracksimilar to E, which is very
close to existingPrincess Anne and then basically tracks PrincessAnne and Sandbridge Road
the rest of the way in except right here where it follows Lotus, similar to C, and then it takes
a left turn, following Sandbridge Road essentially the rest of the way into the Oceanfront.
These six alternatives grew to 12, when the City asked the consultants to consider a situation utilizing four
lanes in the western part of the corridor and two lanes in the eastern portion of the corridor. When the
Traffic Study was performed for the Design Year 2020, the results indicated it was a close call between 4
lanes and 2lanes, whether one or the other should be~ built. The same locations were utilized as described
(B-G), but to indicate, evaluate and plan the other alternatives, the su~x "2"was utilized to indicate these
alternatives have two lanes west of Atwoodtown Road.
COMPARISONFOR LONG TERMIMPROVEMENTSALTERNATIVES
(ADJUSTED-SEE NOTE 3 BELO{~
AlternaNve Length Residential
Displocements Business
Displacements Required
ROW
(Acres) R'etland
~mpacts
(Acres) Back Bay
National
R'ildlife
Refuge
Property
Needed
(Acres) Estimated
Budget Cost
(Million $)
B 4.1 1 1 8 11.2 0.0 11.1
C 6.8 4 1 28 6.6 1.5 23.2
D 6.1 2 2 61 5.2 1.1 23.7
E 5.8 9 1 50 8.6 4.4 2.?.4
F 5.8 6 3 58 10.2 4.2 23.5
G 6.3 S 1 45 7.4 3.4 13.6
B-2 4.1 2 1 8 9.4 0.0 17.2
G2 6.8 4 1 22 5.8 1.0 18.4
D-l 6.1 2 2 57 4.6 0.8 11.3
E-2 5.8 9 1 43 7.6 3.3 19.2
F-2 5.8 6 3 52 9.2 2.8 19.8
G-l 6.3 5 1 38 6.6 2.3 20.5
October 6, 1998
-S-
CITYMANAGER `S BRIEFING
SANDBRIDGE ROAD CORRIDOR
ITEM # 44124 (Continued)
Alternatives B through G include a four-lane cross-section throughout. Alternatives with a su~x "2"are
comprised of a four-lane cross section west of, and a two-lane cross section east of Atwoodtown Road.
Estimated budget costs include right-of-way, wetland mitigation, engineering and construction costs. The
table includes the following: Alternatives D through G and D-2 through G-2 include the cost of building a
collector road in the Ferrell Parkway right-of-way. Alternatives B, B-2, C and C-2 include the cost of certain
improvements to Sandbridge Road. Alternatives B a~nd B-2 include the cost of an 800' long bridge over
Ashville Bridge Creek: $4. S-MILLIONand $3.2-MILi:IONrespectively . Alternatives B& B-2 were favored
by more citizens' comment from the May 21, 1998 citizens meeting. These are also favored by two civic
associations. One civic association has indicatedprefPrencefor the "Gateway "Alternative which resembles
Alternative G-2.
Mr. Davidge advised Wiley & Wood's recommendation is Alternative B-2. Construct B-2 in such a manner
as to permitfuture widening to 4 lanes east ofAtwoo~town Road on existing right-of-way. Include selected
short term improvements to Sandbridge and Princess.Anne Road. MrDavidge advised relative the right-of-
way is cleared for a portion of that 30 to 40 feet nominally in its existing condition to maintain the utilities
The cost of an 800' long bridge over Ashville Bridge Creek: $3.2-MILLION. Mr. Davidge displayed
photographic images along proposed Alternative B-.Z.
Mr. Warnstaff advised the Staff's recommendation ~would be included in the next Capital Improvement
Program submittal to City Council for their consideration. Concerning eco tourism, Mr. Pullen advised the
Friends ofBackBay approached the City and forwarded a plan which includes interpretative sites along the
SandbridgeRoadalignment, i.e. canoelaunches. With WileyandWilson'srecommendedalignment, thestaff
has included an aesthetic plan, which does similar types of interpretative sites. Further information relative
these plans concerning eco tourism shall be provided.
Councilman Harrison advised the Heron's Ridge, Hell's Point and TPC Golf Courses are all accessed from
Atlantic Avenue via Sandbridge Road and did believe there would be access to these courses by this
particular alignment. If a resort were to be built at False Cape, it would require some element of golf to
attract tourists. These guests would probably not utilize this route. Mr. Davidge advised it was not an
expressed goal to improve access concerninggolf courses. Mr. Davidge believed B-2 would improve access
to Hell 's Point Golf Course.
Council Lady Henley questioned the expense of major dollars on two roads to get to the same destination.
So much has been purchased by theFish and Wildlife, the potential forfuture development is greatly reduced
from what it was in the 1980's and early 1990's. Council Lady Henley requested information relative the
levels of service of each of the roads and the traffic which is going to be utilizing Sandbridge Road, even
if Ferrell Parkway is buil~
Mr. Phil Pullen advised the Corps of Engineers has indicated they do not prefer this alternative, but
rather the existing alignment to Sandbridge Road; h~~wever, when the permit application is submitted an
o~cial ruling will be made. The Fish and Wildlife Service opposes Ferrell Parkway. All the agencies have
agreed on the purpose and need of the project.
Mr. Warnstaff advised the next step in the process wa~uld be to determine if the permits could be obtained,
if City Council authorizes the recommended alternative, which will be a part of the CIP process.
Mr. Davidge advised the cost ofthe CollectorRoad is included in the costs contained within the chart, which
is approximately $2.3-MILLION. The level of service would be C. The peak times would be 4: 00 P.M. to
6: 00 P.M. The seasonal effect is not normally consid~zred. There are probably conditions, particularly on
Sundays, which could hardly be reflected in any tra~c model formally prepared under today's standards.
Mr. Warnstaff advised Councilman Branch, the staff believed Ferrellll and V can stand on their own merits
in the conte~et of being reviewed by the Federal agencies.
The Ciry Manager advised Vice Mayor Sessoms, the report would be completed and submitted o~cially and
the CIP prepared. There will be no further funds expended other than responding to questions. Vice Mayor
Sessoms suggested examining the Sandbridge Road alternative in the CIP. Councilman Branch would like
to meet with Mr. Warnstaff and staff to understand the level of analysis to improve Sandbridge Road and
would hope bike paths were included in these analyses.
October 6, 1998
- 6-
CITYMANAGER `S BRIEFING
SANDBRIDGE ROAD CORRIDOR
ITEM # 4412•4 (Continued)
Mr. Warnsta, ff advised the agencies are primarily co~ncerned with the route from Atwoodtown going east.
City Staff will respond to the reason for Congressma~n Pickett's interest in this alignment, the position of
various Federal regulatory agencies (any correspomdence from them relative resistance to the project),
level of service during the Summer months atpeak tin-ies, as well as the level ofservice at the present time,
the need for t-vo roads for the same destination, volume of traffic on Sandbridge Road, and the relation
to Transition Area III. Copies of cost charts will be provided. Information relative the possibility of
Federal funding will beprovided. Ifthe agencies'pr~~ferred alternative were utilized, what would be done
to facilitate the project7 What would encompass the~ improvements to Sandbridge Road?
October 6, 1998
- 1-
CO UNCIL PR.ESENTA TION
CONSTITUTIONAL AMENDMEMTS REFERENDUM QUESTIONS
11:55' P.M.
ITEM ~~ 44125
Councilman Jones advised he wished to have the City Council's position relative the PROPOSED
Constitutional Amendments in order to provide information when he attends the Hampton Roads Planning
District Commission
The CityManageradvisedPatriciaPhilips, DirectorofFinance, reiteratedthe City sfinancialadvisor, John
Pierson, was not concerned relative the impact of .4mendments 3 and 4 on the City's rating and cited
reasons. The City Manager also distributed th~e PAID ADVERTISEMENT appearing in THE
VIRGINIAN-PILOT on Sunday, October 4, 1998, provides the best and most concise explanation of the
Amendments. Said article is hereby made a part of the record.
Shall the Constitution of Virginia be amended to permitpersons employed overseas,
and their families, who are qualified to vote in Virginia except for having given up
a home in Virginia, to continue to vote ~'n Virginia while overseas subject to the
conditions and time limits set by law?
2. Shall the Constitution of Virginia be amended to delete the present requirement that
the proceedings of theJudiciallnquiry and Review Commission concerningcharges
against judges shall be confidential so that the General Assembly can provide, by
law, to what extent Commission proceedings and documents will be confidential?
3. Shall the Constitution of Virginia be a~nended to authorize agreements among
localities for sharing the revenues and costs of a specified land area and
establishing a special governing body ~or the area, and to provide that fiscal
commitments related to the land area will not be deemed local debt?
4. Shall the Constitution of Virginia be amended to allow a combination of localities
to contract debt as part of an agreement to share the revenues, tax base, or the
benefits of economic growth and exempt this class of debt from the ceiling on local
debt for cities and towns and from the requirement for a local referendum for
counties?
S. Shall the Constitution of Virginia be amended to authorize the General Assembly,
by geiteral law, to give local governments the option of eliminating, in whole or in
part, either the business, professional or occupational license tax or the merchants'
capital tax or both?
Councilman Heischober believed Amendments 1 a~ad 2 were innocuous and he would be opposed to
Amendments 3 and 4. Councilman Heischober personally opposes Amendment S. If the Virginia Beach City
Council should chose to keep the BPOL tax in place; however, neighboring cities could eliminate the tax
and this could establish a competitive situation in neighboring cities.
ViceMayor Sessoms advised the Governor is in OPPOSITIONtoAmendment3 and 4. Councilman Branch
was also in OPPOSITIONto 3 and 4. Citizens are concerned as to what specific projects these amendments
address. The sponsors of these amendments have not provided su~cient information to the public.
Councilman Branch was concerned with the Ciry's two Referendum questions and did not believe these
should be on the Ballot.
Council Lady McClanan was in SUPPORT ofAmendment 1 and in OPPOSITIONto the otherAmendments.
Charges against judges should remain confidential..
BY CONSENSIIS, City Counci[ SUPPORTS Amendment 1 and OPPOSES Amendments 2, 3, 4 and S.
October 6, 1998
-8-
CO UNCIL PRESENTA TION
TRT MERGER
12: 03 P.M.
ITEM ~~ 44126
Council Members Henley and Weeks reiterated information relative the proposed TIDEWATER
TRANSPORTATIONDISTRICTCOMMISSIONand thePENINSULA TRANSPORTATIONDISTRICT
COMMISSIONMerger. LadyHenley advised repres~entatives ofregional bodies are expected to represent
their City Council's position and not their own.
Council Lady Henley advised this issue has been ongoangforseveral years. The Virginia Beach City Council
has not taken a position. Later this Fall, the City Coun cil will be requested to approve the definitive contract
which will make the merger final. Since the City did not act on the original Memorandum of Intent to
consolidate the TTDC and PENTRAN, Council La~~y Henley had distributed in Ciry Council's Agenda
Package, the following information:
Non-Binding Memorandum of Intent to merge the Tidewater Transportation District
Commission and the Peninsula Transportation District Commission.
Proposed ByLaws of the Hampton Roads Trunsportation DisStrict Commission.
Proposed Cost Allocation Agreement for the Hampton Roads Transportation Distric~
"Transit Merger: Selected Financial Issues" as presented by KPMG
Council Lady Henley had requested the Interim Executive Director, Michael S.. Townes, provide all the
background information developed on the merger. However, she never received the information so, on
Friday, she made a specific request for information which would include, but not limited to the following
items:
All Resolutions and other actions taken by either Commission regarding the document.
The Memorandum of Intent indicates by September 14,1996, a document to project and
identify cost savings, staffing needs, incenti-~es and any cost increases would be created.
The Memorandum of Intent also indicated by August 14, 1996, a staffing plan for non-
union employees would be prepared and made available.
An External Audit Financial Review, prepared by VDOT.
The Peat Marwick scope analysis describes an inventory of management practices of the
two agencies.
Most recently available audits of the existing financial and managerial resources of both
agencies and an inventory of the assets of buth agencies.
Senior staff resumes.
Council LadyHenley received on Saturday, October 3,1998, a copy ofcorrespondence ofNovember 4,1996,
to the Mayor from L. A. Kimball - Executive Director, attaching a copy of the Memorandum of Intent to
consolidate the TTDC with the PTDC. The Memorandum oflntent requested each City Council to ADOPT
it within 40 days. Excerpts of TRTMinutes ofJanuary 14,1998, were also received and Council Lady Henley
referenced portions:
"CommissionerButt also reported that he understands as part oftheproposed mergerprocess
there is a Memorandum of Intent to be signed by the 7 cities. It's been reported that at this
particular time only 6 cities have signed the M~emorandum of Intent and he asked why the 7`ti
City had notsigned theMemorandum. Commissioner Strayhorn indicated the City of Virginia
Beach had not signed the Memorandum of Intent, but it will be put on the docket for the next
City Council meeting in February. "
October 6, 1998
- s- -
CO UNCIL PR,ESENTA TION
TRT M~ERGER
ITEM # 4412~6 (Continued)
"Commissioner Strayhorn moved that the Cor,nmission enter into a contract with Pentran to
provide for the services of Michael Townes as .Interim Executive Director of TRT at the same
time that he remains Executive Director of Pentran for a period not to exceed 12 months,
effective March 1,1998, and the compensation to be $S, 000 per month, and that the Executive
Director and Chairman be authorized to sr.'gn such a contract in from and substance
satisfactory to Counsel. Commissioner Green s•econded and the motion carried. All voted yes,
except Commissioners Newman and Butt, whc~ voted no. "
Council Lady Henley referenced having Michael Townes serve as Interim Director until the merger is
accomplished. A Consolidation Update presented by Michael Townes on July 23, 1998, Excerpt from the
Executive Director's Report ofJuly 17, 1998, and "Some Merger Benefits Identified " were also distributed
to City Council. The City Staff had prepared a DRAFT Policy Report relative the Memorandum of Intent
and consolidation. As the Memorandum of Intent was never approved by the City, the Policy Report was
never finalized. All information is hereby made a pa~~t of the record. ~
Council Lady Henley referenced verbatims available of January 21, 1997, concerning presentation to the
City Council by L. A. Kimball, former Executive Dire~ctor - 7TDC, and Michael S. Townes concerning the
merger and then on August I8, 1998, a presentation ,by Michael S. Townes. The Verbatim of January 21,
1997, seemed to center on the economics ofscale. The~re were many questions from the Mayor regarding the
voting and Members of the Commission. There woulci' initially be fifteen (1 S) members of the Commission.,
which will be two members from each of the seven cities and onefrom the State Transportation Department.
Council Lady Henley also had available upon request, but did not copy, Minutes from the January Meeting
ofPentran relative adoption of theMichael Townes contract and a copy oftheManagementRetreatAgenda
conducted by Pentran in the Spring.
Councilman WeeksrecognizedDaleCastellow, TransportationPlanningCo-Ordinator. Councilman Weeks
advised the situation was disturbing where they are moving forward with combining staff, computer and
phone systems, disposing of surplus assets, et cetera. Councilman Weeks understands there would be no
economic savings. There will be a cost increase. There are two unions, one from each Commission involved.
One union is being paid more; therefore, if the Commissions were to merge, the lower union 's scale would
be brought up to the higher union's scale.
Councilman Jones referenced membership of the House of Delegates. Council Lady Henley advised there
are three General Assembly Members.
A major concern has been parity and equality. Council Lady Henley advised in the past the Pentran
philosophy has been to operate with a deficit, with ret~2ined earnings, whereas TRT had a positive retained
earnings balance. One of the conditions of the originc~l Memorandum of Intent was there would be no debt
from either of the agencies transferred to the other, if they were to merge. 77te latest Peat Marwick report
indicates in the footnote report that as of June 30, 1998, based on unaudited trial balances financial
statement information, Pentran has increased its retained earnings balance to a positive balance of
$331, 000. The previous chart for 6/30/97 shows a deficit for Pentran. It does not tell us how the deficit was
erased and what financial management issues tookpluce to cause that to happen. The finanical issues have
been one of the major concerns of the merger negotiations to this point.
Vice Mayor Sessoms advised to this date the informatir~n has been provided to depict savings and efficiency
with the merger. Regarding election of officers, in the past, there has been rotation of o~cers. The City was
up for Chairmanship as in the past year the City held the Vice-Chairmanship. The City of Virginia Beach
was overlooked in this position. Vice Mayor Sessoms was concerned relative the leadership and personnel
issues.
Councilman Heischober inquired relative adoption of the ByLaws. Council Lady Henley advised they have
been tentatively agreed to by both Commissions to beforwarded to the seven (7) cities. Anyone of those seven
cities voting `no' to the merger, the merger is lost. The purpose for requesting the Cities to vote on the
Memorandum oflntent was ifall 7 cities could not agree on the initial non-bindingMemorandum Oflntent,
there was no point in moving ahead. The City must take some responsibility as they did not act on it in the
early part of 1997, when requested. It was assumed Virginia Beach was interested in moving on to the next
steps. Council Lady did not understand those next steps meant proceeding with certain consolidation efforts
before the final merger.
October 6, 1998
- IO -
CO UNCIL PRI4SENTA TION
TRT M1:RGER
ITEM # 44126 (Continued)
Councilman Branch was mystified relative consolida,ted efforts without Virginia Beach's signature.
Dale Castellow advised it is his understanding there vvould be a~nal contract each City would be expected
to sign or adopt, which would create the new Co~mmission. At the present time, there are still two
Transportation District Commissions. All seven Ciry (:"ouncils would be expected to approve the merger and
should any City Council chose not to adopt, then the entire process would cease. Mr. Castellow was
informed by Mr. Townes that he had not done anyt,hing relative the consolidation, which could not be
reversed very easily. Mr. Castellow advised Councibnan Heischober no City can have service imposed by
the larger Commission. The City is protected on service issues. The City essentially purchases the hours of
service desired each year through the budgetprocess. 'The Policy Report was compiled some time ago. There
has been a ruling on the part of FTA. In years past, FTA had made a decision that a trolley was not a bus
and therefore, TRTcould enter into thisprivate charter business because they are not in direct competition
with the private sector. More recently, FTA has changed their position and now a trolley is considered a
bus. TRT does not have the same latitude to conduct ~~rivate charters.
Councilman Weeks advised there was staff dismissed on the Tidewater Transportation District Commission
side. Councilman Weeks was curious about the cost c f the Retreat in Williamsburg, which he and Council
Lady Henley attended. Mr. Townes is running two organizations.
BY CONSENSUS, a Resolution re Merger of Peninsula Transportation District Commission and
Tidewater Transportation District Commission shall be ADDED TO THE AGENDA. The City Council
cannot endorse the proposed merger or intent to me~~ge, unless and until it receives completed financial
analyses and information, which establish that the ,proposed merger will result in operating and cost
e~ciencies for the delivery of services. Until the mer~,er is approved by all area cities, the City Council of
Virginia Beach objects to any interim consolidation c f services, personnel or joint expenditure.
Council Members Henley and Weeks shall confer ivith the City Attorney relative composition of this
Resolution.
October 6, 1998
-11-
A GENDA RE VIE W SESSION
12: SO P.M.
ITEM # 44127
Hl. Ordinance to AMEND Section 2-226 of the City Code, updating
the list of Official City Deposit~~ries.
Vice Mayor Sessoms and Councilman Jones will be ABSTAINING on Item H.1. This Ordinance will be
REVISED as several banks are included, which are r,!o longer in existence.
ITEM # 44128
H.4. Ordinance re temporary encroruchments:
a. Into a portion of the City s ril;ht-of-way by PETER W. and
CAROL A. BUL%ELEYto construct and maintain two (2) brick
pillars at 2735 Spigel Drive; an~d, authorizing the City Manager
to execute the Agreement (LYNIVHAVEN- DISTRICT S).
Councilman Harrison wished to discuss during the F'ormal Session.
ITEM # 44129
BY CONSENSIIS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
H.1. Ordinance to AMEND Section 1-226 of the City Code, updating
the list of Offccial City Depositcrries.
H.2. Ordinance to APPROPRIATE $200, 000 from the General Fund
Balance, to provide an interest free loan to the Virginia Beach
Volunteer Rescue Squad re purchase of a replacement squad
truck.
H.3. Ordinance to TRANSFER $2, OSS from the General Fund
Reserve for Contingencies re rE~imbursement of the Water and
Sewer Fund for the costs of w~zter and sewer fees associated
with the construction of a Habitat for Humanity single family
home.
(Sponsored by Mayor Meyera E, Oberndorf and Vice Mayor W.
D. Sessoms, Jr.)
H.4. Ordinances re temporary encroachment:
b. Into a portion of the twenty-five foot (25) strip of City-owned
property surrounding Lake Joyce by MITCHELL V. and
JADON L. CALAYO to construct and maintain a proposed
bulkhead, return walls, boat ramp and retaining walls with
related bac~ll and to maintain an e.xisting bulkhead adjacent to
4449 Blackbeard Road; and, authorizing the City Manager to
execute the Agreement (BAYSIL~E - DISTRICT 4).
H.S.Ordinance to confirm appointments to the Deferred
Compensation Board:
Appoint: Patricia A. Phillips, Clarence O. Warnstaff, Beverly Spencer
Reappoint: Fagan Stackhouse, Gene LeJeune
October 6, 1998
II
- Iz -
A GENDA RE VIE W SESSION
12: SO P.M.
ITEM # 44129 (Continued)
H.6. CERTIFICATES OF PUB'LIC COIWENIENCE and
NECESSITY
James Taxi Service
Marquis Limousine
Regal Limousine, Inc.
H.7. REFUNDS.•
a. License - $21,388.95
b. Tax $ 3,007.62
Item H.1 will be ADOPTED, AS REVISED, BY CO.NSENT..
October 6, 1998
-1.3-
A GENDA RE VIE W SESSION
ITEM # 4413~1(Continued)
Applications re Rosemont Road, 130() feet more or less North ofDam Neck
Road (DISTRICT 7 - PRINCESSAN.~VE):
a. ROSEMONTCOMMERCEP~IRK,L.L.C. andARBOR TREE
EXPERTS, INC. for a Change o ZoningDistrict Classification
from R-SD Residential Duplex l~istrict to Conditionall-1 Light
Industrial District on the East side of Rosemont Road,
containing 25.67 acres
b. ARBOR TREE EXPERTS, Il'VC. for a Conditional Use Permit
for nrocessing woodv vegetatic~n and storaQe o same on property
East of Rosemont Road and N~~rth of Dam Neck Road, containing
approximately 14 acres
Council Lady Henley advised the aforementioned applications were ADOPTED on September 22, 1998.
Council Lady Henley met yesterday with the member:~ who had been in OPPOSITION, but were not aware
of the process: Wally Sherbon, 4949 Admiration, Pi'ione: 474-4103, represented New Life Presbyterian
Church and Kelly Anderson, 3324 Dam NeckRoad, P7'ione: 468-5375, represented Buckner Farms and New
Life. They had been attending the Planning Commiss~ion Briefing Session and believed these applications
to beDEFERREDINDEFINITELY. Thesegentlemen x~ill be meetingwith the applicant's attorney tomorrow,
October 7, 1998. Council Lady Henley wished to ADD-ON this item to the Agenda for a
RECONSIDERATION OF CONDITIONS for the C'ity Council Session of October 27, 1998.
October 6, 1998
-14-
CITY COUNCIL CONCERNS
ITEM # 44131
Councilman Branch advised of his appointment ~`o the Governor's Commission on Local School
Construction. The Commission will study the issue of'local school construction needs, alternative methods
to address local needs and funding sources. The commission will conduct public hearings in conjunction
with the Board of Education to develop a blueprint for local school construction planning in Virginia. The
first meeting is SCHEDULED for October 14, 1998.
Councilman Branch requested a brief history of the ("ity of Virginia Beach and the tax increases evolved
in school construction and other issues as he sees a disconnect between Richmond and local governments.
He wishes to represent the position of the City Counc;il. Richmond is discussing eliminating BPOL and a
food tax. The City of Virginia Beach is conducting tx~o REFERENDUMS.
October 6, 1998
-IS-
ITEM # 4~4132
ViceMayorWilliamD.Sessoms,Jr., calledtoorderthel7NFORMALSESSIONoftheVIRGINIABEACH
CITY COUNCIL in the City Council Conference Roorr~, City Hall Building, on Tuesday, October 6, 1998,
at 12: SS P.M.. i
I
Council Members Present:
Linwood O. Branch, Ill, William D. I~arrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor
William D. Sessoms, Jr. and A. M. `f Don " Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf, Mar aret L. Eure and Nancy K. Parker
October 6, 1998
-1 ~5 -
ITEM # 44133
Vice Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following
purpose:
PERSONNEL MA77BRS: Discussio,n or consideration of or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, .salaries, disciplining, or resignation
of specific public o~cers, appointee~s, or employees pursuant to Section
2.1-344 (A) (1).
To Wit.• Boards and Commissions:
Cornmunity Services Board
PUBLICLY-HELD PROPERTY.• Discussion or consideration of the
condition, acquisition, or use of real ~~roperty for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of properry owned or desirable for
ownership by such institution pursua~nt to Section 2.1-344(A)(3).
To-Wit: Rudee Loop Project
LEGAL MATTERS: Consultation wi,th legal counsel or briefings by staff
members, consultants, or attorneys~ pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit: FLSA Cases
City of Virginia Beach v. Virginia Beach Fishing Center
Brendhan Harri,s v. City of Virginia Beach
AT & T v. Ciry o f Virginia Beach
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, William D. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor
William D. Sessoms, Jr. and A. M. `:Don " Weeks
Council Members Yoting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure and Nancy K. Parker
October 6, 1998
- 17-
FORMAL SESSION
VIRGINIA BEAC~FI CITYCOUNCIL
October 6,1998
2: 00 P.M.
Vice Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, Ciry Hall.Building, on Tuesday, October 6, 1998, at 2: 00 P.M.
Council Members Present:
Linwood O. Branch, III, HaroldHe~%schober, BarbaraM. Henley, Louis
R. Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don " Weeks
Council Members Absent:
Mayor Meyera E. Oberndorf
[ATlENDING NEWS CONFERENCE ON
BEHALF OF THE CITYINNEW YORKJ
Margaret L. Eure
N'illiam W. Harrison, Jr.
[ATTENDING VIRGINIA MUNICIPAL
LEAGUE/ROANOKE, VA.J
(ENTERED: 2: 08 P.M.J
Nancy K. Parker [MEMORIAL SERVICE IN CHARLESTON,
SOUTH CAROLINA, FOR DECEASED
MEN STATIONED ON THE YORKTOWIV -
FATHER TO BE HONORED
INVOCATION.• Reverend Stephen D. Hay
Sandbridge Community Chapel of the
United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate O~cer of Wachovia Bank, disclosed with the exception of H.1.
(Official City Depositors) on which he will ABSTAIN, there were no matters on the agenda in which he has
a'personal interest'; as defined in the Act, either individually or in his capacity as an officer of Wachovia
Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any
application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1998, is hereby
made a part of the record.
October 6, 1998
- 1,~ -
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM ~# 44134
Upon motion by Councilman Heischober, seconded by Councilman Branch, Ciry Council CERTIFIED
THE EXECUTIVE SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawf'ully exempted from Open Meeting
requirements by Virginia law were di:scussed in Executive Session to which
this certification resolution applies;
AND,
Only such public business matters~ as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, Harold Heischober, Barbara M. Henley,
Louis R. Jones, Reba S. McClanan, Vice Mayor N'illiam D.
Sessoms, Jr. and A. M. "Don " Weeks
Council Members Voting Nay:
None
Council Members Absent.•
Mayor Meyera E. Oberndorf, 1Llargaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
~~. ~. •~ .,,w~,.~'P~;
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~~9~~ . ~T a~-~ 0~ ~
~~~F OUR NAT~~~S
~
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CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 44133 , Page 16, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Cocie of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowlf;dge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Vi~-ginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
~----~
uth Hodg s Smith, CMC/AAE
City Clerk
October 6, 1998
- 1!~ -
Item VI-F.1.
MINUTES
ITEM #~ 44135
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSI~~JNS of September 22,1998.
Voting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, HaroldlYeischober, BarbaraM. Henley,
Louis R. Jones, Reba S. McCI'anan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " j~'eeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
-z~~-
Item VI-G.1.
ADOPTAGENDA
FOR FORMAL SESSION ITEM ~'~ 44136
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following were ADDED TO THE AGENDA:
Reconsideration of Conditions of .Rosemont Commerce Park/~lrbor
Tree Experts, Ina, COZ/CUP approved 22 September 1998. To be
heard at 27 October 1998 City Council Session.
Resolution re proposed merger of Peninsula Transportation District
Commission and Tidewater Trans~rortation District Commission.
October 6, 1998
-21-
Item VI-G.2.
PRESENTATION
ITEM # 44137
Vice Mayor Sessoms RECOGNIZED the following zn attendance:
Denise Lockwood'.~r Fifth Grade Class
Coach Sharra Dugan with Michael McCabe's Fifth Grade Class
NORFOLKACADEMY
Vice Mayor Sessoms' daughter, Anne Douglas, a student of Norfolk Academy, was in attendance.
October 6, 1998
-az-
Item VI-H.
ORDINANCES
ITEM # I44138
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Ordinances 1, 2, 3, 4 b, S, 6 and 7 o,~'the CONSENT AGENDA.
Item H.1 was ADOPTED, BY CONSENT, as REVISEIp.
Voting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, Harold l~eischober, Barbara M. Henley,
Louis R. Jones, Reba S. McCI nan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don "~eeks
Council Members Voting Nay.•
None
Council Members Absent:
Mayor Meyera E.
Harrison, Jr. and
Oberndorf, , argaret L. Eure, William D.
Nancy K. Pa' er
Vice Mayor Sessoms ABSTAINED on Item H.1., as h~ is a Corporate O~cer of Wachovia Bank.
Councilman Jones ABSTAINED on Item H.1. as he is ~ Member of a Bank Board of Directors.
October 6, 1998
- 2.3 -
Item VI-H.1
ORDINANCES ITEM # 44139
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED, AS
REVISED:
Ordinance to AMEND Section 2-226 of the City Code, updating the list
of Official City Depositories.
Voting: S-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Harold.Heischober, BarbaraM. Henley,
Reba S. McClanan and A. M. `;Don " Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessom:s, Jr. and Louis R. Jones
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, N'illiam D.
Harrison, Jr. and Nancy K. Parker
Vice Mayor Sessoms ABSTAINED on Item H.1., as he is a Corporate Officer of Wachovia Bank.
Councilman Jones ABSTAINED on Item H.1, as he is a Member of a Bank Board of Directors.
October 6, 1998
1 AN ORDINANCE TO AMEND THE CITY
2 CODE BY UPDATING THE LIST OF
3 OFFICIAL CIT~c: DEPOSITORIES
4 SECTION AMENL>ED: § 2-226
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 2-226 of the ^ity Code is hereby amended and
8 reordained to read as follows:
9 Sec. 2-226. City depositories generally.
10 (a) The city treasurer is authorized to deposit or cause to
11 be deposited all funds of the cit;y in any of the following listed
12 banks or savings and loan associ~~tions:
13 (1) Bank of the Commonwealth;
14 (2~) ~ First Union National Bank;
15 (3) ~r~i~a-~-Fr~?-~-?-~=-1'~~-m- Wachovia;
16 (4 ) r~..,.,....~..... n..r,_ BB&T •
17 (G5 ) "_~~, „~ ~ "~ ~'~ ~'~''"~"'a """=""`~ ""'"''' First Coastal Bank;
- J-__--_ -J-
18 (~6) First Virginia Bank of Tidewater;
19 ($7) ~~re~r~~r~ Bank of America;
20 (L38) Crestar Bank;
21 ~~- i~-~~ ~`
22 (3~9) Cenit Bank for Savings, SFB;
23 (3-~-10) Bank of Tidewater;
24 (3~11) Bank of Hampton Roads;
2 5 -~4}- ~r~ T~~re„ ~~~~a~r]~
2 6 ~5-~ Ti~~-~-~k~ ~~~
27 (~12) Resource ~Bank.
28 (b) No money shall be deposited in any bank or savings and
29 loan association referred to in this section until the bank or
30 savings and loan association has complied with the Virginia
31 Security for Public Deposits Act, as amended, and other provisions
32 of state law.
33 Adopted by the City Council of the City of Virginia Beach,
34 Virginia, on this 6th day of October, 1998.
35
36 CA-7124
37 DATA/ORDIN/PROPOSED/02-226.ORD
38 R3
39 PREPARED: October 6, 1998
~?
-z~-
Item VI-H.2.
ORDINANCES ITEM # 44140
Upon motion by Councilman Heischober, seconded ~ry Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $.200, 000 from the General Fund
Balance, to provide an interest-J'ree loan to the Virginia Beach
i~olunteer Rescue Squad re purcha.se of a replacement squad truck.
i~oting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, HaroldHeischober, BarbaraM. Henley,
Louis R. Jones, Reba S. McClanan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
1
2
3
4 AN ORDINANCE TO APPROPRIATE $200,000
5 FROM THE GENER.AL F'UND, FUND BALANCE
6 FOR THE PURPOSE OF PROVIDING AN
7 INTEREST-FREE LOAP1 TO THE VIRGINIA
8 BEACH VOLUNTEER RESCUE SQUAD FOR
9 THE PURCHASE OF A REPLACEMENT SQUAD
10 TRUCK
11
12
13 WHEREAS, the Virginia Beach Volunteer Rescue Squad ( "Rescue
14 Squad") has determined that it is unfeasible to continue to use its
15 current squad truck, given its high maintenance needs and frequent
16 service failures;
17 WHEREAS, the Rescue Squad .has raised $200,000 towards the
18 purchase of the replacement squad truck, which will have a total
19 cost of $400,000;
20 WHEREAS, the Rescue Squad has represented that its fund-
21 raising efforts will provide sufficient funds to repay an interest-
22 free loan from the City of Virginia Beach in the amount of
23 $200,000; and
24 WHEREAS, the Rescue Squad has previously received interest-
25 free loans from the City and has repaid such loans on time or ahead
26 of schedule;
27 NOW, THEREFORE, BE IT ORDAIIVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29 1. That funds in the amount of $200,000 are hereby
30 appropriated from the General Fund, fund balance for the purpose of
31 providing an interest-free loan to the Virginia Beach Volunteer
32 Rescue Squad for the purchase of a replacement squad truck;
33 2. That the loan is to be repaid in ten (10) equal annual
34 installments of $20,000 due on the 15th day of October each year,
35 with the first payment to be made on or before October 15, 1999,
36 and the last payment to be made on or before October 15, 2008.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 6 day of October ~ 1998.
39 Requires an affirmative votE~ by a majority of the members of
40 City Council.
41
42 APPROVED AS TO CONTENT
43
44
45
46
4 7 Department of Manag nt Services
48
49
50
51 CA-7159
52 DATA/ORDIN/NONCODE/EMSVBLN.ORD
53 DATE PREPARED: September 28, 1998
54 R4
APPROVED AS TO LEGAL
SUFFICIENCY
~ ~ G~ ~
Department of Law
-zs-
Item VI-H.3.
ORDINANCES ITEM # 44141
Upon motion by Councilman Heischober, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $2,OSS from the General Fund Reserve for
Contingencies re reimbursement of the Water and Sewer Fund for the
costs of water and sewer fees ass~~ciated with the construction of a
Habitat for Humanity single family home.
(Sponsored by Mayor Meyera E. Oberndorf and Vice Mayor W. D. Sessoms, Jr.)
Voting.• 7-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIl, Harold Heischober, Barbara M. Henley,
Louis R. Jones, Reba S. McClanan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " Weeks
Council Members Voting Nay.•
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
Requested by Mayor Meyera E. Oberndorf and Vice-Mayor William D. Sessoms, Jr.
1 AN ORDINANCE AUTHORIZING THE TRANSFER
2 OF $2,055 FROM THE GENERAL FUND
3 RESERVE FOR CONTINGENCIES FOR THE
4 PURPOSE OF REIMBURSING THE WATER AND
5 SEWER FUND FOR THE COSTS OF WATER AND
6 SEWER FEES ASSOCIATED WITH THE
7 CONSTRUCTION OF A HABIT.AT FOR HUMANITY
8 SINGLE-FAMILY HOME
9 WHEREAS, several local churches have joined together to
10 form a coalition known as the Vir•ginia Beach Covenant;
11 WHEREAS, the Virginia BE~ach Covenant, in association with
12 South Hampton Roads Habitat for F[umanity, Inc., is constructing a
13 single-family home at 1141 Carver Avenue in the Beach District;
14 WHEREAS, the cost of construction of this home includes
15 water and sewer fees in the amount of $2055; and
16 WHEREAS, the City of Virginia Beach wishes to show its
17 support for this project by reim~>ursing the Water and Sewer Fund,
18 as a charitable gift to Habitat far Humanity, for the costs of such
19 water and sewer fees.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That City Council hereby authorizes the transfer of
23 $2,055 from the General Fund Reserve for Contingencies for the
24 purpose of reimbursing the Water and Sewer Fund, as a charitable
25 gift to Habitat for Humanity, for the costs of water and sewer fees
26 associated with the construction of a single-family home at 1141
27 Carver Avenue in the Beach District.
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 6th day of October, 1998.
30
31
32
33
34
35
36
37
CA-7158
ORDIN\NONCODE\HABITAT.ORD
R-1
PREPARED: 09/24/1998
APPROVED AS TO CONTENT:
-~-~-~
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
aw Department
2
-26-
Item VI-H.4. a.
ORDINANCES ITEM # 44142
Peter Bulkeley, 2735 Spigel Drive, Phone: 496-8824, represented himself
Upon motion by Councilman Harrison, seconded by Councilman Branch, Ciry Council ADOPTED:
Ordinances re temporary encroachment:
Into a portion of the Ciry s right-of-way by PETER W. and CAROL A.
BULKELEY to construct and maintain two (2) brick pillars at 2735
Spigel Drive; and, authorizing t,he City Manager to execute the
Agreement (LYNNHAVEN- DISTR~!CT S), subject to:
The following conditions shall be required:
1. The temporary encroachment shall 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 ap~nroval as to size, alignment and
location.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, such temporary encroachment shall be removed
from the encroachment area by the applicant and the applicant
shall bear all costs and e~penses of such removal.
3. The applicant shall indemnify and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of such temporary encroachment.
4. Nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent' specified herein, nor to permit
the maintenance and construr.tion of any encroachment by
anyone other than the applicant`.
S. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. Prior to commencing any construction within the encroachment
area, the applicant must obtai'n a permit from the O~ce of
Development Services Center/P'lanning Department.
7. Prior to issuance of a right-of-way permit, the applicant must
post sureties, in accordance with his/her engineer's cost
estimate, to the O~ce ofDevelopment Services Center/Planning
Department.
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable. The
applicant must also carry comprehensive general liabiliry insurance in
an amount not less than Five Hundred Thousand Dollars ($500, 000),
combined single limits of such insurance policy or policies. The
applicant mustprovide endorsements providing at least thirty (30) days'
written norice to the Ciry prior to the cancellation or termination of, or
material change to, any of the insurance policies. The applicant
assumes all responsibilities and linbilities, vested or contingent, with
relation to the temporary encroachment.
October 6, 1998
-27-
Item VI-H. 4. a.
ORDINANCES ITEM # 44142 (Continued)
9. The temporary encroachment on the West side of the right-of-
way shall be a minimum of two feet (2) from the edge of
pavement and the temporary en.croachment on the East side of
the right-of-way shall be a min~imum of four feet (4) from the
edge of pavement.
10 The temporary encroachment must conform to the minimum
setback requirements, as establ;ished by the City.
11 The applicant shall submit for review and approval a survey of
the area being encroached upon, certified by a registered
professional engineer or a ce~rtified licensed land surveyor
and/or "as built"plans ofthe temporary encroachment, sealed by
a registered professional engineer, of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
12 The City, upon revocation of such authority and permission so
granted, may remove any such temporary encroachment and
charge the cost thereof to the applicant and collect the cost in
any manner provided by law fo;r the collection of local or state
taxes; may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of the encroachment area the
equivalent of what would be the real properry tax upon the land
so occupied if it were owned by the applicant; and if such
removal shall not be made withrn the time specified by the City,
the City shall impose a penab~ in the sum of One Hundred
Dollars ($100.00) per day for each and every day that such
temporary encroachment is allcrwed to continue thereafter, and
shall collect such compensation and penalties in any manner
provided by law for the collecti~~n of local or state taxes.
Voting: 8-0
Council Members Voting Aye:
Linwood O. Branch, III, Harold Heischober, William D.
Harrison, Jr., Barbara M. H~znley, Louis R. Jones, Reba S.
McClanan, Vice Mayor Williu!m D. Sessoms, Jr. and A. M.
"Don " Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf,l~fargaret L. Eure and Nancy K.
Parker
October 6, 1998
1 Requested by Department of Public; Works
2 AN ORDINANCE TO AUTHORIZE TEMPORARY
3 ENCROACHMENTS INTO A PORTION OF THE
4 RIGHT-OF-WAY BY F'ETER W. BULKELEY
5 AND CAROL A. BULKELEY, THEIR H~IRS,
6 ASSIGNS AND SUCCE:'>SORS IN TITLE
7 WHEREAS, Peter W. Bu1kE~ley and Carol A. Bulkeley desire
8 to construct and maintain two brick pillars into the City's right-
9 of-way located at 2735 Spigel Drive. WHEREAS, City Council is
10 authorized pursuant to ~§ 15.2-2107 and 15.2-2009, Code of
11 Virginia, 1950, as amended, to authorize temporary encroachments
12 upon the City`s right-of-way sub~lect to such terms and conditions
13 as Council may prescribe.
14 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That pursuant to the authority and to the extent thereof
17 contained in ~§ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as
18 amended, Peter W. Bulkeley and Carol A. Bulkeley, their heirs,
19 assigns and successors in title are authorized to construct and
20 maintain temporary encroachment:s for two brick pillars in the
21 City's right-of-way as shown ori the map entitled: "Exhibit A
22 Encroachment Exhibit For Peter W. and Carol A. Bulkely" a copy of
23 which is on file in the Departme~nt of Public Works and to which
24 reference is made for a more part:icular description; and
25 BE IT FURTHER ORDAINED, that the temporary encroachments
26 are expressly subject to those terms, conditions and criteria
27 contained in the Agreement between the City of Virginia Beach and
28 Peter W. Bulkeley and Carol A. Bulkeley, (the "Agreement") which is
29 attached hereta and incorporated by reference; and
30 BE IT FURTHER ORDAINED that the City Manager or his
31 authorized designee is hereby authorized to execute the Agreement.
32 BE IT FURTHER ORDAINED, that this Ordinance shall not be
33 in effect until such time as Peter W. Bulkeley and Carol A.
34 Bulkeley and the City Manager or his authorized designee execute
35 the Agreement.
36 Adopted by the Council. of the City of Virginia Beach,
37 Virginia, on the 6 day of _ October , 1998.
3 8 cA- # 7/ y~
3 9 pdejesu/encroach/bulkeley
40 ~-1
4 1 PREPARED: August 27, 1998
OVED AS TO CONTENTS
~ ,; ~. \~()S~L't
SIGNATURI~
~dlic L(,b~'~- ~,f ~~'
DEPAR'tR~NT
APPROVED AS TO LE
ICI Y FO
TY ATTO
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
IJNDER SECTTONS 58.1-811(ax3)
AND 58.1-811(cX4) REIlVIBURSEMENT
AUTHORIZED LJNDER SECTION 25-249
THIS AGREEMENT, made this ,0~ ~S day of ~~~l=t-~~- ~' 19 Ql by and
between the CITY OF VIRG11vIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"Cit}~', and PETER W. BULKELEY AND CAROL A. BULKELEY, Husband and Wife, 'TI~IR
HEIRS, ASSIGNS AND SUCCESSO:CtS IN TITLE, "Grantee", even though more than one.
4~ITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Part of Property Lydia B. Roper Estate, Parcel B" and being
further designated and described as 2735 Spigel Drive, Virginia Beach, Virginia 23454; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain two brick
pillars, "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
Spigel Drive, "The Temporary Encroachment Area"; and the Grantee has requested that the City
permit a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee amd 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
GPIN 1498-42-9511
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 V'uginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into The
Encroachment Area as shown on that certain
plat entitled: "Encroachment Exhibit for Peter
W. and Carol A. Bulkeley," a copy of which is
attached hereto as Exhibit "A" and to which
reference is made for a more particular
description.
It is further expressly u~derstood 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 '~emporary 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 hatmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
2
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services CenterlPlanning Department prior to commencing any
construction within The Encroachmenl: Area.
It is further expressly undE7stood and agreed that prior to issuance of a right of way
permit, the Crrantee must post sureties„ in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly unde;rstood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and ,general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Crantee 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 on
the west side of the right of way shall be: a minimum of 2 feet from the edge of pavement and the
Temporary Encroachment on the east side of the right of way shall be a minimum of 4 feet from
the edge of pavement.
3
It is further ~pressly understood and ageed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City.
It is further e~ressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
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 #he 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 t~es.
IN WITNESS WHERE~F, Peter W. Bulkeley and Carol A. Bulkeley, the said
Grantee have caused this Agreement to be executed by their signatures and seal duly affixed.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 19_, by CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
~~,s c ~ <z ~~~:c'
Carol A. Bulkeley
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 19_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF ic~.
CITY/C OF ~r ~ ~ ~, to-wit:
The foregoing instrument was acknowledged before me this s f day of
, 19~, by Peter W. Bulkeley and Carol A. Bulkeley.
My Commission Expires:
~~")~.y 3/, .~ZQ'~~
%
APP~OUED A~ TO
LE~,`~e_ ~~i~~li.lENCY
,- .
Notary Public
APPROVED AS TO CONTENT
~ ~
TY REAL E TATE AGENT
6
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"EX~HIBIT A"
~ ENCROACHMENT EXHIBIT
FOR PETER W. AND CAROL A. BULKELEY
2735 S i el Drive
pg
- 2+R -
Item VI-H.4. b.
ORDINANCES ITEM # 44143
Upon motion by Councilman Heischober, seconded try Councilman Branch, City Council ADOPTED:
Ordinances re temporary encroachment:
Into a portion of the twenty-five foot (25) strip of City-owned properry
surroundingLake Joyce by MITCH.ELL i~ and JADONL. CALAYO to
construct and maintain a proposed bulkhead, return walls, boat ramp
and retaining walls with related b~zc~ll and to maintain an existing
bulkhead adjacent to 4449 Blackbeard Road; and, authorizing the City
Manager to execute theAgreement (~3AYSIDE - DISTRICT 4), subject to:
The following conditions shall be required:
1. The temporary encroachme~at shall be constructed and
maintained in accordance with t,he laws of the Commonwealth of
Virginia and the City of Virgini~z Beach and in accordance with
the City of Virginia Beach Public Works Department's
specifications and approval as to size, alignment and location.
2. The temporary encroachment shall terminate upon notice by the
City of Virginia Beach to the applicant and, within thirty (30)
days after such notice is given, such temporary encroachment
shall be removed from the above-referenced City property by the
applicant and the applicant shadl bear all costs and expenses of
such removal.
3. The applicant shall indemnify cznd hold harmless the City, its
agents and employees from an~d against all claims, damages,
losses and expenses, including r~~asonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of such ter,nporary encroachment.
4. Nothing herein contained shal~! be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachtnent 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 applicant.
S. The applicant agrees to maintain~ the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must obtain a permit from the Development
Services Centerprior to commencing any construction within the
City's property.
7. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
Ciry as additional named insured or loss payee, as applicable. The
applicant must also carry comprehensive general liabiliry insurance in
an amount not less than Five Hundred Thousand Dollars ($500, 000),
combined single limits of such insurance policy or policies. The
applicant mustprovide 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 applicant
assumes all responsibilities and liabilities, vested or contingent, with
relation to the temporary encroachment.
October 6, 1998
- 2'9 -
Item VI-H. 4. b.
ORDINANCES ITEM # 44143 (Continued)
8. Any above-ground temporary encroachment shall conform to the
minimum setback requirements, as established by the City Tra~c
Engineer's Office.
9. The applicant shall submit for r~eview and approval a survey of
the area being encroached u,non, certified by a registered
professional engineer or a ce~rtified licensed land surveyor
and/or "as built"plans ofthe temporary encroachment, sealed by
a registered professional E~ngineer, of the temporary
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
10 The City, upon revocation of such authority and permission so
granted, may remove any such~ temporary encroachment and
charge the cost thereof to the applicant and collect the cost in
any manner provided by law fo~~ the collection of local or state
taxes; may require the appliccznt to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and ifsuch removal shall not be made within the time
specified by the City, the City sj~all impose a penalry in the sum
of One Hundred Dollars ($100.00) per day for each and every
day that such temporary encroachment~are allowed to continue
thereafter, and shall collect suci~ compensation and penalties in
any manner provided by law fo~~ the collection of local or state
taxes.
Voting: 7-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Harold 1Yeischober, Barbara M. Henley,
Louis R. Jones, Reba S. McCI'anan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " y~eeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY E',I~ICROACHMENTS
4 INTO A PORTION OF THE 25' STRIP OF
5 CITY OWNEL) PROPERTY
6 SURROUNDING LAKE JOYCE BY
7 MITCHELL V. CALAYO AND JADON
g L. CALAYO, THEIF: HEIRS, ASSIGNS
g AND SUCCESSORS 1N TITLE
10 WHEREAS, Mitchell V. Calayo and Jadon L. Calayo, desire to construct and
11 maintain a proposed bulkhead and return walls, propased boat ramp and retaining walls with
12 related backfill and to maintain an existing bu'dkhead and concrete within the City's 2S' wide
13 strip of property surrounding Lake Joyce and being immediately adjacent to the property
14 owned by Mitchell V. Calayo and Jadon C. Calayo located at 4449 Black Beard Road, Virginia
15 Beach, Virginia 23455.
16 WHEREAS, Mitchell V. Calay~o and Jadon L. Calayo have obtained written
17 permission from the City of Norfolk to install and maintain said improvements and that such
18 installation and maintenance shall not be deeme~3 a violation of the terms and conditions of the
2 9 conveyance of the aforesaid 25' strip of property to the City of Virginia Beach from the City
2 0 of Norfolk by that certain deed dated July 21, 1967 and being duly of record in the 4ffice of
21 the Clerk of the Circuit court of the City of Virginia Beach, Virginia in Deed Book 1018, at
2 2 Page 154.
2 3 WHEREAS, City Council is auth~rized pwsuant to §§ 15.2-2009 and 15.2-Z 107,
2 4 Code af Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's
2 5 property subject to such terms and conditions as Council may prescribe.
2 6 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
2 7 OF VIRGINIA BEACH, VIRGINIA:
2 8 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mitchell V. Calayo and Jadon L.
30 Calayo their heirs, assigns and successors in titl~~ are authorized to construct and maintain a
31 temporary encroachment of a proposed bulkhead and return walls, proposed boat ramp and
32 retaining walls with related backfill, and existin;g bulkhead and concrete within that portion
33 of the City's 25' strip of property surrounding L,ake Joyce that lies immediately adjacent to
34 4449 Black Beard Road, Virginia Beach, Virgiriia 23455 as shown on those certain five (5)
35 plats entitled "BOAT RAMP AND BULKHE,AD PLAN OF LOT 23, BLOCK l, NO.I
3 6 BAYLAKE PINES FOR VIRGINIA MARINE STRUCTURES • 5021 BROAD STREET •
37 ViRGINIA BEACH • VIRGINIA 23462 • LOCATION: LAKE JOYCE • VIRGINIA BEACH
38 • VIRGINIA • PROPERTY OF MITCHELL AND JADON CALAYO • 4449 BLACK BEARD
39 ROAD • VIRGINIA BEACH • VA. 23455", copies of which are on file in the Department of
4 0 Public Works and to which reference is made for a more particular description; and
41 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
9 2 subject to those terms, conditions and criteria contained in the Agreement between the City of
4 3 Virginia Beach and Mitchell V. Calayo and Jadon L. Calayo (the agreement), which is attached
4 4 hereto and incorporated by reference; and
4 5 BE IT FURTHER ORDAINED tha.t the City Manager or his authorized designee
4 6 is hereby authorized to execute the Agreement.
4 7 BE IT FURTHER ORDAINED, tllat this Ordinance shall not be in effect until
4 8 such time as Mitchell V. Calayo and Jadon L. Ca~layo and the City Manager or his authorized
4 9 designee execute the Agreement.
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6
51 day of october , 1998.
52 cA- ~~y3
APPROV ~ D AS TO CONTENT~
, ,,... . (N
SIGNATURE ,~-~
___ ~~~~_1~~~~2,l:e.l¢~
DEPARTMEHT
APPROVED AS TO LEGAL
SU ~ CIENCY AND FOR
TY ATTORN ~'
O~~ ~
O~ce o1 the City Mahager
cc:"Dir., p~vel~, ~'en~
1 r, : i_r_~ I. ~.~~
t ~~.~, .s i i y
March 2Q, 1996
Mr. James K, Spore
City Manager
City of Virginia $each
Munici~al Center
Virgiwia Beach, Virginia 23456
Re: Lake Joyce, Waxver of Revecter Interest
Mitchell & Jadon Calayo, 4449 ~lack Beard
R~ad
Dear Ji~~n,
' As you know, in 1967 the Noz~olk City Cnuncil adopted an ordiuaacxce conveyit~g Lake Joyce
along with a 25-foot wide stri.F of land around thr, lake to the City vf Virginia $cach. ~e deed by
which the lake was canveyed contained cert~i~a 1a~m.guage which required the City of Virginia Deach
to use the convey~d property exclusivety for public or niunici~al purpvses and prvvided that the
propcrty should not be conveyed, sold or leased ar~d should not be pcrmitted to be uscd for ~ny other
~urpose. In tt~e event this condition was breached, the prc+perty would zevcrt to Noz~follc.
Mitch~ll & Jadon Calayo have requested approval to encroach into t~xe Lake Joyce property
adjacrnt to their residence locatcd at 4449 Blac~C ;Beard Road~w[th a proposed bulkhead and ret~uni
walls, pmposed boat ramp and zetaining walls, ~relatcd bac~ll, e7asting bulkheacl and conc~rete,
exiating-~niet,~und.existing fence. The matter of waiving the City af Norfolk's reverter iz~texest for
these encroacla,ments was presented to dae City C'owncxl arxd they of~'ered no objectiuus.
Therefore~ the City of Norfolk would not consider t~ae xequested approval of eacroachment
by Mxtc~ell & Jadon Calayo, if authorized by the~ Cit3~ of Virginia Beach, to violate the conditions
in the City of Norfolk's deed to thc City of V~rgi.~ia Beach. This position is taken on13~ ti~th res~+ect
to thc facts set forth herei~ as it ttlatcs to the starip uf land sitaated adjaceat ta 4449 $lack Beard
Road, Virgini~ Beach, Virgiztaa, 23a55. This ~ction does not demanstrate or conUrol similar
~nstanccs, ~ast, present, or futwte.
Sincerely,
Jatne . Oliver, Jr.
~ y Manager
1101 C~ty Hal) Buiiding / Notfolk, Virginia z3510 /(804) 664-4242 / Fax; (804) 664-4239
d1b
EXHIBIT "A"
PRF.PARED BY VIItGINIA BEACH CITY ATTORNF.Y'S OFFICE
EXEMPTED FROM RECORDAT[ON TAXES
[JNDER SECTION 581-811(ax3) AM~ 58.1-811(cX41
REIMf3URSEMENT AU7~HORI7_ED iTNDER SECTION 25-249
THIS AGREEMENT, made this ~4 7~ day of ~'~~ N~ , 19~, by and
between the CITY OF VIRGINIA BEAC'.H, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and MITCHELL V. CALAYO and JADON L. CALAYO, husband and wife,
THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, parties of the second part.
J~ITNESSETH:
That, WHEREAS, the parties of the second part are the owners of that certain lot,
tract, or parcel of land designated and described as "Lot 23, Block 1, No. 1, Bay Lake Pines" and
being further designated and described as 4449 Black Beard Road, Virginia Beach, Virginia
23455; and
That, WHEREAS, the party of the first part was conveyed certain properties by
the City ofNorfolk, Virginia including but not limited to, Lake Joyce and a strip of property 25'
in width surrounding Lake Joyce, by that certain deed dated July 21, 1967 and being duly
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia
in Deed Book 3695, at Page 1798; and
That, WHEREAS, it is proposed by the parties of the second part to construct and
maintain a bulkhead and return walls, proposed boat ramp and retaining walls with related
backfill, existing bulkhead and concrete, existing pier, and existing fence in the City of Virginia
Beach; and
GPIN 1479-79-8479
That, WHEREAS, in constructing and maintaining such bulkhead and return
walls, proposed boat ramp and retainirig walls with related backfill, existing bulkhead and
concrete, existing pier, and existing fence, it is necessary that the said parties of the second part
encroach into a portion of the adjoining City property, 25' in width, and surrounding Lake Joyce;
and the said parties of the second part have requested that the party of the first part grant a
temporary encroachment to facilitate such proposed bulkhead and return walls, proposed boat
ramp and retaining walls with related backfill, existing bulkhead and concrete, existing pier and
existing fence within a portion of the City property, 25' in width, that surrounds Lake Joyce and
adjoins the property of the parties of the second part; and
That, WHEREAS, the afc~rementioned deed conveying the 25' strips of property
surrounding Lake Joyce to the party of th~° first part stipulate that the said property is to be used
by the party of the first part for publir or municipal purposes and that upon breach of the
conditions, the City of Norfolk, Virginia shall have the right to re-enter the property conveyed
and the title to the said property shall revert to the City of Norfolk, Virginia; and
That, WHEREAS, the pazties of the second part have obtained written permission
from the City of Norfolk, Virginia to ericroach into the aforesaid 25' strip of property with the
aforesaid proposed bulkhead and return walls, proposed boat ramp and retaining walls, related
backfill, existing bulkhead and concrete, existing pier, and existing fence, a copy of which is
attached hereto as "Exhibit A"; and
That, WHEREAS, in granting such permission, the City of Norfolk, Virginia
agrees that the placement of the proposed bulkhead and return walls, proposed boat ramp and
retaining walls, related backfill, existing bulkhead and concrete, existing pier, and existing fence
shall not be deemed a breach of the afore;said conditions of conveyance by the City of Norfolk,
Virginia; and
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the parties of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said pariy of the first part, receipt of which is hereby
acknowledged, the party of the first part doth grant to the parties of the second part a temporary
encroachment to use that portion of the City's property, 25' in width, which surrounds Lake Joyce
and adjoins the properiy of the parties c~f the second part, for the purpose of constructing and
maintaining such bulkhead and return walls, proposed boat ramp and retaining walls, related
backfill, existing bulkhead and concrete, existing pier, and existing fence.
It is expressly understood and agreed that such temporary encroachment will be
constructed and maintained in accordanc;e with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of temporary encroachment into a
portion of the City's property, 25' in width,
which surrounds Lake Joyce as shown on
those certain five (S} plats entitled: "BOAT
RAMP & BULKHEAD PLAN OF LOT 23,
BLOCK 1, NO. 1 BAYLAKE PINES FOR
VIItGII~iIA 1~~IARINE STRUCTURES • 5021
BROAD STREET • VIRGINIA BEACH •
VIRGINIA 23462 • LOCATION: LAKE
JOYCE • VIRGINIA BEACH, VIRGINIA •
PROPERTY OF: MITCHELL & JADON
CALAYO • 4449 BLACK BEARD ROAD
VIRGINIA BEACH, VA. 23455," copies of
3
which are 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 shall terminate upon notice by the City of Virginia Beach to the parties of the
second part, and that within thirty (30) days after such notice is given, such temporary
encroachment shall be removed from t}ie above referenced City property by the parties of the
second part; and that the parties of the second part shall bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the parties of the second part
shall indemnify and hold harmless the (;ity of Virginia Beach, its agents and employees, from
and against all claims, damages, losses an.d expenses including reasonable attorney's fees in case
it shall be necessary to file or defend ar,~ action arising out of the location or existence of such
temporary encroachment.
It is further expressly undlerstood and agreed that nothing herein contained shall
be construed to enlarge such permission auid authority to permit the maintenance or construction
of any encroachment other than that spec;ified herein and to the limited extent specified herein,
nor to permit the maintenance and construction of any encroachment by anyone other than the
parties of the second part.
It is further expressly understood and agreed that the parties of the second part
agree to maintain said temporary encroachment so as not to become unsightly or a hazard.
It is further expressly un~3erstood and agreed that the parties of the second part
must obtain a permit from the Development Services Center prior to commencing any
construction within the City's property.
It is further expressly un~derstood and agreed that the parties of the second part
shall obtain and keep in force All Risk Property Insurance and General Liability or such
insurance as is deemed necessary by the party of the first part, and all insurance policies must
name the party of the first part as additional named insured or loss payee, as applicable. The
parties of the second part also agrees to carry Comprehensive General Liability Insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies.
The parties of the second part will provide endorsements providing at least thirty (30) days
written notice to the party of the first part prior to the cancellation or termination of, or material
change to, any of the insurance pol icies. The parties of the second part assume all
responsibilities and liabilities, vested or c~~ntingent, with relation to the temporary encroachment.
It is further expressly understood and agreed that any above ground temporary
encroachment shall conform to the minimum setback requirements, as established by the City
Traffic Engineer's Office.
It is further expressly understood and agreed that the parties of the second part
shall submit for review and approval, a survey of the area being encroached upon, certified by
a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the
temporary encroachment sealed by a registered professional engineer, if reyuired by either the
City Engineer's Office or the Engineering Division of the Public Utilities Department.
5
It is further expressly understood and agreed that the party of the first part, upon
revocation of such authority and perrnission so granted, may remove any such temporary
encroachment and charge the cost thereof to the parties of the second part, and collect the cost
in any manner provided by law for the co~llection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and pending such removal, the party
of the first part may charge the party of the second part compensation for the use of such portion
of the City's property encroached upon the equivalent of what would be the real property tax
upon the land so occupied if it were owned by the parties of the second part; and if such removal
shall not be made within the time ordered hereinabove by this Agreement, the City shall impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such
temporary encroachment is allowed to c~~ntinue thereafter, and shall collect such compensation
and penalties in any manner provided b:y law for the collection of local or state taxes.
IN WITNESS WI~REO:F, MITCHELL V. CALAYO and JADON L. CALAYO,
husband and wife, the said parties of the second part have caused this Agreement to be executed
by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk
6
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
By f/ .
Mitchell V. Calayo
By
J on L. Calayo
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this , day of
, 19 , CITY MANAGER/AUTHORIZED DESIGNEE OF TI-~ CITY
MANAGER.
Notary Public
My Commission Expires:
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument; was acknowledged before me this day of
19 , by R.UTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Notary Public
The foregoing instrument was acknowledged before me this~~~~iday of
, 19,~Yby NIlTC f-~LL V. CALAYO and JADON L. CALAYO.
~. " UR RA o11. CAIAYO
Notary Public
My Commission Expires:
Embossed Hereon is My
Commonwealth oi Virginia Notary Public Seai
My Commission Expires October 31, 2001
MA. AURORA V. CALAYO
APPROVED ~S TO C~~lTi~'~4ETS
FS C• ~~u~,,
SiGP~~ i ~.7~~.F
!G ~~~5 _
G ~"A.".71v1 ~ N'.
i4PRlRG~~1L~ i~'- i' 4,r0~ At~
FFICIEIl~~' ~~;-~' ,=~;:;F~~°vl
CtTY ATT02PJEv
25' STRIP
CI TY OF
NORFOLK
EXISTING
BULKHEAD
O.H.W. IS
AGAINST
EXISTING
BULKHEAO
EXISTING
CONCRETE
EXISTING ~ER
IS TO ~E,
REATTACHED LAKE JOYCE
TO PROPOSED
BULKHEAO B ~
5
Cl
A ~
3 -
~ ~
I Z~NE AX ~
PROPOSED 10'_/
RETURN WALL /
TREE
PROTECTION
EX TING ~
F CE ~~ O
~
O 1
O
~~ r
~~
~
O)
O
~
L0~° 22
-- ~-- - ~
/ ~ _
LIMITS ~
C , 10 ;
.
a ~
~
o ,
.
TORAGE
AREA
~_
0 18.1'
014.0'
0
36. '
NE STORY BRICK
#4449
FF=13.87
72.8'
L0~' 23
~oN~.
oRivE
PROPOSEfl '~ f -"` R~
~BOAT RAt+~p ///~; ~~~
PROPOSED ~~ ~ i~~~~~~E JOYCE j
25 RETAINING ~'~' ~~
WALL FOR eFti ~
90AT RAMP -/ ~j
/~ yy
PROPOSEO / '~
' BULKHEAD ~ ~
8 „~ R a `~r
EXISTING % 3° %
CONCRETE '
~ ~ ~ , ~,oRE ~a'~ I
PROPOSED 10 ~
RETURN WALL LOCATION MAP SCAIE: 1"=2C:
~ XISTING
B T RAMP
DATA TABLE
t TO 3 93.8' 2 TO 3 108.3'
1 TO 4 121.6' 2 TO 4 89.9'
t TO 5 133.4' 2 TO 5 104.8'
1 TO 6 143.0' 2 TO 6 106.9'
t TO 7 132.0' 2 TO 7 92.3'
1 TO 8 145.9' 2 TO 8 98.5'
0
~ CONSTRUCTION OF ACCESS:
p SITE ACCESS WILL BE UMITEO TO
A SINGLE ACCESS WAY HAVING A
WIDTH 12 FEET. TREE REMOVAL
~ FOR THIS CONSTRUCTION ACCESS
p WAY WILL BE LIMITEO TO THE
x~ REMOVAL OF UNDERSTORY VEGETA'ION
~ ON~Y (TREES 6" dio. or less).
TOTAL AREA Of THE PROPOSED
a ~ ACCESS ROAD AND STORAGE AREA
IS 2403 sq.ft.
0 3
ELEVATtONS AS SHOWN HEREON ARE
4.5 O~ BASED ON U.S. NATIONAL OCEAN
SURVEY DATUM (FORMERIY U.S.G. ~
~ G.S. OATUM): MEAN SEA LEVEL •
; ~ (M.S.L.) = 0.00'. 1929 DATUM
u~ ~ (1972 AOJUSTMENT)
( Z CONSTRUCTION
ACCESS
'~G~
r
~ ROBERT S. KE11A~1 ~
N0.
L0~' 2~ ~ ,5~ o
~°~'F~Z ~Z `~
S/p A~ N
~ ~ N 4'00'00" E 100.00'
~ u~ 2~ ,
t__. t
,~r~,,;`~; ~- ~ ~L~C~C ~~AR~ RO~D 50~ R,W
,.F P~ ~,~~~,,,
-----~`! ~`_._
PROJECT # 97509 ~.ffgTT ~~A~~ 11 /7_6/97
IOCATION: 80AT RAMP ac BULKHEAD PLAN OF
LAKE JOYCE LOT 23, BLOCK I~ N0. I
VIRGINIA BEACH, VIRGINIA
BAYLAKE PINES
PROPERTY OF: FOR
MITCHELL & JAOON CALAYO VIRGINIA MARINE STRUCI'URES
4449 BLACK BEARD ROAD 5021 BROAO STREE'f
VIRGINIA BEACH, VA 23455 __VIR(;INIA_AFA('H VIR(;IN~A 4~
- GRAPHIC SCALE
~s o zs ~s ~o eo
FEET
I INCH = 30 FEET
SHEET 1 OF 5
KELLAM- GERWITZ
u _ ENGINEERING, INC.
ENGINEERING- SURVEYING- PLANN INC
500 CENTRAL DRIVE
r SUITE 113
~ I VIRGINIA BEACH. V(RGINIA 23484
(75'7) ~40-0828
FAX (757) 340-1803
~' PROPOSED
• _ ~ 80AT RAMP
LAK~ JOYCE 25'RRE ASN NG
~ - PROPOSED
BULKHEAD
EXISTING
BULKHEAO~
EXISTING
CONCRETE ~
PROPOSED 10'
RETURN WALL
WALL FOR '
BOAT RAMP
EXISTING PIER
IS TO 8E
REATTACHED
TO PROPOSED
EXISTING
~CONCRETE
"~ PROPOSED 10'
~ ~ RETURN WALL
EXISTING
FENCE
_ TREE
PROTECTION
CONSTRUCTION
ACCESS -
~`_____~ __~
L ;
DEf',~~T','L~~JT rr r; ~.,GRAPHIC SCALE
.~~__ .~' `J
I L PROJECT ~ 97509 ~TT ~~A++
11/26/97
' ROBERT S. KEIUU~i ~
N0.
1576 ~
~O~d~~~~ Z G~~`~~~,
~S~~N L EN~
SHEET 2 OF 5
I LOCATION:
LAKE JOYCE
VIRGINIA BEACH, VIRGINIA
PROPERTY OF:
MITCHELL & JAOON CALAYO
4449 BLACK BEARD ROAO
VIR(;INIA faE'A('H _\/A ?3A~i~
BOAT RAMP ac BULKHEAD PLAN OF
LOT 23~ BLOCK 1~ N0. I
BAYLAKE PINES
FOR
VIRGINIA MARINE STRUCI'URES
5021 BROAD STREE'i
enorteuY (71'~/~1~ ~nr~r~~.ue nt•~~
KELLAM-GERWITZ
u _ ENGINEERING, INC.
ENG(NEERING-SURVEYING- PLANNING
500 CENTRAL DRIYE
r SUITE 113
~ 1 VIRGINIA BEACH. VIRCINIA 23484
(~s~~ 34o-oe2e
FAX /~571 14(1-Ifl(1'~
EXISTING
80AT RAMP
~r - ~
I INCH = 20 FEET
)OYCE
/ ~
~
~
2
~
~ LOCATION MAP SCALE :1" = 1,600' ~
1AKE
~--~
~~
~
~ O ~
3 ~
~ ~ `` i
} ~ ~~~
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~
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~ \
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~
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~ , ~ 0 ~ ~~
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. . ~.-~ ,
~~\~ ~\ ~~ . ~\ ~~~C, ~
~ \~ . < /~ ~~ \ \
_~ ~~~,~LOCATION MAP FOR ~ <
,
' ~ ~ ~ LAKE JQYCE ENCROACHMENT ~ ~
~ -,
~ - -' k~~ F(~ R /~~~~ ~~
r-z ~ ~..~ r
_MITCHELL V. ~AL.AYO & JADON L. CALAYCJ
.
,.
~~'~ ~/ ~1~~~~~ ~~\
~ ~ X~x SCALE: 1" = 100' ' ~~~ ~
,
k
98-5-355 WAL.I~R PREPARED BY P/W ENG. DRAFf. 01 JUN 1998
~ ~ n~c~ass ~uwnt~st~~-na~s
iURF TYPE: T1wE OF vEAR SEEOiNC COuuENI'S
TO SEEO: RATE ••
TURF-TYPE SEED: 9/16 - 4/30 ~-6 LB. PER IwPROVED
FESCUES SOD: ANT 1,000 SF FESCUES.
(I.E.. JAGUAR. SEASON w1TH COOL SEA,SON
TITAN, ETC. ADEOUATE WATER GFtA55. SIJN
PROVIDED. OR SH~OE:
KENTUptY 31 SEEO: 9/16 - a/30 0 LB. PER COOL SEA,SON
FESCUE 500: ANT 1,000 SF CRASS, SJN
SEASON MATH OR SHAOE:
ADEOUATE wATER
PROVIDEO.
SAINT AUCUSTINE- SOD OR PLUCS: NONE WARU SE~-SON
GRA55 4/15 - 9/15 GRASS, SUN
OR $HADE:
BERUUDAGRA55 5EE0 (HULLED): t-2] LB. PER WARU SEASON
4/1S - 8/15 1,000 SF GRASS. SUN
S00 OR PLUGS:
4/15 - 9/15
ZOYSiACRA55 SOO OR PlUCS: NONE WARM SEASON
4/15 - 9/15 CRASS. SUN
CENTiPEDECRA55 SEED: s/i5 - 9/~5 1/4-1/2 L8. PER WARM SEASON
1,000 SF CRASS, SUN
• THE USE OF wARA1 SEASON GRASSES IS MCHIY RECOAIYENDEO BECAUSE TH'EY
REOUIRE -1UCH LESS FERTIUZATION iHAN COOI SEASON CRASSES.
• WHERE TF1E USE Of TURFCRASS IS PROPOSED. PLANTING OPTIONS (OR
OTHER STABIL12ATION OPT10N5) SUITABLE FOR AlL MONTHS Of 7HE YEAR
A1UST BE OUTLINED ON THE PlANS.
••• wHERE SEEDINC OR PLUCCINC IS PROPOSED IN CRITICAL AREAS. Ii IS
RECO-~MENDED 7HAT ANNUAL RYE OR OTHER 'NURSE-PLANT' SPEGES ALSO 8!:
PLAN7ED fOR OUIp( STABILIZATION.
~EQUENCE OF CONSTRUC]lON
1. OBTAIN REO'ED PERMITS
2. INSTAIL TREE PROTECTION
1 CONSTRUCTION ACCESS 1NAY
(SEE NOTE PAGE 1)
4. CONSTRUCT BULKHEAO 8: 80AT RAMP
S. INSTAIL SILT iENCE AS SNOWN
6. BACKFILL
7. SEEO MIO 1~ULCH ALl DIENUOEO AREAS
C0~ 1~11C'i ..~! OF A FlLT~ B~Rf~t
1. SET iHE STAKES 2. EXCAVATE A 4~ X 4~
TRENCH UPSLaPE ALONG
THE UNE OF THE STAKES.
~ / i /
/ - i i
_~~ ~ / ~~ ~
/ ~ 4•
4. BACKfILL AND COMPACT
n~e ExcnvA~o so~~.
~ ~ ~
/
1. Pria to eonatruetion vrilhin any e:istinq publie right-of-
•ay a p~eDUe a~sament; th• eonlroctar sholl obtoin o
hiqhroy pamit Irom tAe Owelopment S~rvieq Cenler. Uly of
Vfrginia Beocl~ Yvginia. A eopy o( th~ opprov~d troffie
tontrd plan must Ds submitted with the hiqh~oy permil
applicotion.
2. Elewtiona as slio.n haron are bossd on U.S. Nationd Oeeon
$urvey Oolum (tormaly U.S.C. 1c G.S Dotum : meon sea levd
(w.S.L) ~ 0.00'. 1929 OATUI~(1972 AOJUS ENT)
3. The lowest finiahed Ooa devotfon is one (1) fool obove
ths 100-year 11ood plan as odopled by Ih~ City of Yvgin'a
8eoch. (Exceplion- r~sidantiol qorogea ond staags areos .
sho~l ba locoted at a obove the f00-yeor Ilood elewlion.~
s. Lot gra0es shonn, wtre tak~ (rom aeluG fiNd reprss~ntotion.
5, TAia property shown haeon oppeaa to foll inside Zona AE k x
aa shown on tht Oeportm~nt o( H.U.O.. Flood insuronee Rale
-lop !or lhe ~ty of Virqinia 8eaeh. Vfrqirua. Cammunity
Pona No. S1S531 0004 E(Rev. D~cember 5. 1996).
6. SubOivision Plat ia reeaded in Y.8.31. P.53.
7. GPIN/ 1479-79-8479 •
8. A S loot eosement (unlesa qreater .ridth ia notsd). luong ona
od'peent to th~ rear and sids lines of tht~ lot hoa been
dedicated to th~ ~ly of Yrqinia 8sach tat lh~ inatollation
and/or mointmonee ol droinaqs lacilities, i( ond whm
nesaed.
~- " PHI~ LL P 0. & SARAH BE7H TEMPI.ETON
,~ 4445 BLACK BEARD RD.
(~,f VIRGINIA BEACH, VA 23455
'~'~ GPIN # 1479-79-7493
~ R08ERT S. KELLAAIrII 9
LOT 24:
N0. NATHAN J. & DE80RAH H. SEGAL
1 760 4453 BLACK BEARD R0.
~ i' ~c.~ VIRGINIA BEACH, VA 23455
~FL ~Z~ ' ~~~' ~ ,~ -79-9610
S~~NA~ ~ ' ~ ~ !2 ~n ^,
~~ ~
~
PRaJECT # 97509
~IIBIT ~~A~~
' ~ -~---.~. ...__... + ~ ~
I ~ ! ~ i ~'
„/zs/s'~. ~." ~lE~ ; 2 !997 ~ ; ~; ,
SHEET 3 OF 51
LOCATION:
IAKE JOYCE
VIRGINIA BEACH, VIRGINIA
PROPERTY OF:
MITCHELL & JADON CA~AYO
4449 BLACK BEARD ROAD
~nar:~n~i.~, a~nr~.~ ~rn ~~n~c
BOAT RAMP at BULKHEAD PLAN OF
LOT 23, BLOCK I, N0.::1
BAYLAKE PINES
FOR
VIRGINIA MARINE STRUC~URES
5021 BROAD STREE T
~wnn,~.~~. nr~e^~i ~.nnnaa..~..~~~ n^r,r~
V
n- ~
KELLAM-GERWITZ
~ENGINEERING, INC.
ENG[NEERING-SURVEYINC- PI.l1N NING
500 CENTRAL DR[VE
SU1TE 119
VIRG[NIA BEACH. VIRGINIA 23484
(759) 940-0828
FAX ('7S7) 34t~-180~
r
VARIES
15' MAX ~ TEMP. SILT FENCE
~ PROPOSED GRAOE ~ 2" X 8" CAP
SAND
-~ ( I-I I- FILL /- T.B. ELEV 8.0
~ ~ -~ i 1=1 I I-
• EX GRADE '=I I I-I I I- ~ 2" X 8" WALERS
~ ~ ~_~ ( ~, ~ ~ ~ 1-1/4" DIA WEEP
HOLES ~ 20' O.C.
~_I O.H.W. 5.5
EX BLKHD ~( I 2' MAX
5/8" X 10' ( ( ~
TIE RODS = -~ _III-I - _
~ 6' O.C. FILTER FABRIC
2" X 10" X 8' MUDLINE
8" DIA. X 5' T&G SHEETS
DEADMAN MINIMUM 50~
~ 6' O.C. PENETRATION
NOTES:
SECTION A-A
5/8" DIA. CORNER
BRACE TIE R00 RETURN
(GALVANIZED) WALLS (TYP)
FACE OF
BULKHEAD ~
„
5/8"
WEATHER-
TUFF 80LTS
, O Z' O.C.
TYP
5/8" X 10' ~'
~~: - ' "~-- GAI.VANIZED
' ~~ ••'].: ~'~ TIE RODS
_ _ - - -____...~ O 6 O.C.
- . : ~ ~~ DEAOMAN
-~;,z~997 -~I~
~ --- -- ___ _~ Vi~W OF WING WALL ,
~''~~._--=~'--=-`;._...,~ `~~,!I~'J~`•'_!~~~~~I
PROJECT ~ 97509 ~~TT ++A++ 11 /26/97
SHEET 4 OF 5 I
LOCATION:
LAKE JOYCE
VIRGINIA BEACH, VIRGINIA
` PROPERTY OF:
~ MITCHELL dc JADON CALAYO
4449 BLACK BEARD ROAO
~ ~npc~~nn Acnru vn 7iAF~
BOAT RAMP dc BULKHEAD PIAN OF
LOT 23, BLOCK I, N0. I
BAYLAKE PINES
FOR
VIRGINIA MARINE STRUCTURES
5021 8ROA0 STREET
~~nn~~.~~, racnr~i \AO/'I-11~ ~z~c~
~
n- ~
KELLAM-GERWITZ
ENGINEERING, INC.
ENGINEERING-SURVEYINC- PLANNING
500 CENTRAL DRIVE
su~re ii3
VIRGINIA BEACH. VIRGINIA 23484
(7S7) ~40-0828
FAX (757) 340-1803
` R08ERT ~ KEL1A~t 9
N0. ,
A 15760 ~
~~~FS lZ ~~
L.S~ NAI. E
1. ALL HARDWARE TO 8E HOT DIPPED
GALVANIZED
2 ALL TIMBER SHALL 8E SAI.T TREATED
~,,l~ AT ~9'CBS./C.F.C.C.A. EXCEPT
DEADMAN, WHICH MAY BE CREOSOTE
3. FILTER CLOTH TO BE UTILIZED
4. ALl SAND fILL TO 8E FROM UPLAND •
SOURCE
5. ALL WALER ENDS TO BE STAGGERED
6. WALERS TO BE 80LTED WITH 5/8"
OIAMETER 80LTS AT 2' ON CENTER
GRAPHIC SCALE
z.s o ~.s~ i.s s ~o
~r
i INCH = 5 FEET
~.
"~\
t
~ - --- ~- .. . ... . . ... ... _:~ ~ !1 I
;;~~;
' -.~ . ~ ~~r 'I~
________. _,~
. . ,~.~~i.. ._. ~, ~_ ~ ~LATfN!N(;
ca I ~-
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E'l~IIBIT ~~A~~
(~
W Z ~ ~
O`to~
f-
a~,J~
o~QQ
a ~n 3 m
N
11/26/97
SHEET 5 OF
LOCATION:
LAKE JOYCE
VIRGINIA BEACH, VIRGINIA
PROPERTY OF:
MITCHELL dc JAOON CALAYO
4449 BLACK BEARD ROAO
VIRGINI,A BEACH. VA 2345`.
BOAT RAMP dc BULKHEAO PLAN OF
LOT 23, BLOCK I, N0. I KELLAM-GERWITZ
BAYLAKE PINES V_ ENGINEERING, INC
FOR ~ ~ ENGINEERING-SURVEYINC-PLANNIN
500 CBNTRAL DRIVE
VIRGINIA MARINE STRU(:TURES sU1TE 1t3
5021 8ROA0 STREET VIRCINIA ~ S) 340 R0828 294e+
VIRrlAIIA R~'Al N UR(:INI/1 a'SdF7 FAX (~57) 340-180~
PROJECT # 97509
-30-
Item VI-H. S.
ORDINANCES ITEM # 44144
Upon motion by Councilman Heischober, seconded 1'~y Councilman Branch, City Council ADOPTED:
Ordinance to confirm appointme~~ts to the Deferred Compensation
Board:
Appoint: Patricia A. Phil~!ips, Clarence O. Warnstaff, Beverly Spencer
Reappoint: Fagan Stackhouse, Gene LeJeune
Yoting: 7-0 (By Consent)
Council Members Yoting Aye:
Linwood O. Branch, III, Harold,Keischober, BarbaraM. Henley,
Louis R. Jones, Reba S. McG!anan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " 1%i'eeks
Council Members Yoting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
alv oRnnvalvc~~ corr~~vmvG
APPOINTMENTS TO THE
DEFERRED COMPFNSATION BOARD
BE IT ORDAINED BY THE COI:TNCIL OF THE CITY OF VIKGINIA BEACH,
VIRGINIA:
That, pursuant to § 2-122 of the Code of the City of Virginia Beach, Virginia,
City Council hereby confirms the City Manager's appointment/reappointment of the following
individuals to the Deferred Compensation Board, effective immediately:
Patricia Phillips
Fagan Stackhouse (Reappointment)
Clarence Warnstaff
Gene LeJeune (Reappointment)
Beverly Spencer
2. That the terms of the members of the Deferred Compensation Board shall not be
limited by the restrictions of City Code § 2-3.
Adopted by the Council of the Cit:y of Virginia Beach, Virginia, on the 6 day
of October, 1998.
Comment
This ordinance appoints three new members to the board, and re-appoints
two members. It also clarifies that members of this board are not subject to the term limits
for board members established by City Code ~ 2-3.
APF'ROVED AS TO LEGAL
SUf~FICIENCY
,~~~~ ~~~ ~~
City Attorney
G:\USERS\LBROWN~AGENDA\DFERCOMP.ORD
-31-
Item VI-H.6.
ORDINANCES ITEM # 44145
Upon motion by Councilman Heischober, seconded 1'~y Councilman Branch, Ciry Council ADOPTED:
CERTIFICATES OF PUBLIC CO~NVENIENCE and NECESSITY
James Taxi Service
Marquis Limousine
Regal Limousine, Inc.
Voting: 7-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Harold.Keischober, BarbaraM. Henley,
Louis R. Jones, Reba S. McG!anan, Vice Mayor N'illiam D.
Sessoms, Jr. and A. M. "Don " l~'eeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
-3~-
Item VI-H.7.
ORDINANCES
ITEM # 44146
Upon motion by Councilman Heischober, seconded try Councilman Branch, City Council ADOPTED:
REFUNDS:
License - $21,388.95
Tax - $ 3,007.62
Voting: 7-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, HaroldHeischober, BarbaraM. Henley,
Louis R. Jones, Reba S. McCi'anan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " l~eeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf,' Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
',?ORM NO. CA`B REV. 3/88
AN ORDINANCE AUTHORIZINC~ LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME ~ICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BBBV ANIMAL CLINIC CORP 1996 AUDIT 353.61 82.48 436.09
BREDOLOGOS, ALEX 1998 09/10/98 41.76 0.00 41.76
BROWN, SEBRINA Y 1998 09/10l98 3.39 0.00 3.39
COUSINS CONSTRUCTION CO INC 1995-1998 AUDIT 0.54 0.00 0.54
CREMATION SOCIETY FOR THE COM 1996-1998 AUDIT 94.60 0.00 94.60
CUBINE, I. W., JR., ATTY 1996-1998 AUDIT 5.97 2.12 8.09
GRUBE, MARTIN C 1998 01/08/98 40.00 0.00 40.00
HOLLOWAY, JANET LEE 1998 08/17/98 0.33 0.00 0.33
NATIONAL DIRECTORY ADVERTISING 1996-1998 AUDIT 41.68 1.83 43.51
PAINTER, TERRY M 1996-1998 AUDIT 115.65 26.97 142.62
POULOS, GEORGE 1998 AUDIT 322.03 13.41 335.44
QUICK 10 CORPORATION 1997-1998 AUDIT 327.73 15.76 343.49
RAY E JOHNSON INC 1996-1997 AUDIT 499.90 92.24 592.14
RICHMOND, LESLIE I, DDS 1996-1999 AUDIT 182.38 26.04 208.42
SCIENCE APPLIOCATIONS INTERNAT 1998 09/03/98 105.12 0.00 105.12
SILLOWAY, GLEN K 1998 07l27/98 1.50 0.00 1.50
VIRGINIA BEACH & SOUTHERN INC 1996-1998 AUDIT 0.27 0.01 0.28
VISIONS INC 1998 09/01/98 10.00 0.00 10.00
ZIMMERMAN, SOLOMON, DDS 1997-1998 AUDIT 267.17 31.02 298.19
Certified as to pa ent: ;
v / ~j
- Philip . Kellam
Commissioner of the Revenue
Approved as to form:
s ' L. Lil
City Attorney `~-
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $2,705.51 were approved by the Council of the
City of Virginia Beach on the 6
day of October ,19 98
Ruth Hodges Smith
City Clerk
,..
FORM NO. C.A 8 REV. 3/88
.~"
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license r~;funds, upon certification
of the Commissioner of the Revenue are he~reby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
BAIN, JAMES B 1998 04/25/95 12.00 2.10 14.10
BETTER PERFORMANCE ELECT CO I 1998 O6/12/96 123.45 21.59 145.04
BLOUNT, MICHAEL J 1998 O6/12/95 13.79 2.41 16.20
BURNS, ROBERT L 1998 09/14/98 61.04 2.54 63.58
CARDIERI, MICHAEL 1998 O6/19/96 59.13 10.34 69.47
CLIVER, SAMUEL 1998 05/11/95 10.00 1.75 11.75
DAHM, NORMAN R MD 1998 05/26/95 49.14 8.60 57.74
ESTES, LEON E 1996-1998 AUDIT 50.16 1.16 51.32
F J MATTER DESIGNS INC 1997-1998 AUDIT 1,769.33 44.22 1,813.55
FERGUSON ENTERPRISES INC 1996-1998 AUDIT 6,606.30 880.49 7,486.79
FIRST UNION MORTGAGE CORP 1996-1998 AUDIT 312.00 70.17 382.17
FISCHER, DANIEL E MD PC 1996-1998 AUDIT 28.76 6.47 35.23
HAMPTON ROADS CONVENIENCE IN 1998 02/27/97 1,802.07 240.18 2,042.25
HANDY HOME PRODUCTS INC 1996-1998 AUDIT 470.45 0.00 470.45
KAS ENTERPRISES CORP 1998 02/25/97 82.00 12.98 94.98
LAPO, HENRY JR. 1998 01/24/97 10.00 1.75 11.75
LONG, CHLOE M 1998 02/19/97 30.00 0.00 30.00
LOWE, ALAN M 1998 02/19/97 30.00 0.00 30.00
MCCARDEIL 8 INMAN PLC 1996-1998 AUDIT 30.37 1.31 31.68
MORRIS, SHIRLEY M 1998 07/01/96 24.00 0.00 24.00
PENTZ, RICK O 1998 03/24/97 10.00 1.75 11.75
PHILLIPS & FRUCCI PC 1996-1998 AUDIT 1,040.11 224.65 1,264.76
ROOF SERVICES JGM CORP 1996-1998 AUDIT 233.95 (12.34) 221.61
SERVICEMASTER MGMT SERVICES L 1998 04/29/96 3,493.80 611.17 4,104.97
SLAVIN, DANIEL F 1998 08/22/94 24.00 4.20 28.20
SOMERS, MARTIN P 1998 01/16/97 30.00 0.00 30.00
WARD, SEPTEMBER C 1998 06/10/96 23.53 4.12 27.65
WEBB, EDWARD W 1998 02/21/97 25.70 4.50 30.20
XENAKIS, LINDA T 1998 03/19/97 70.00 12.25 82.25
Certified s to aym
~~~ `,, ,
Philip . ellam
Commissioner of the Revenue
Approved as to form:
~
sA L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) to $18,683.44 were approv~d by the Council of the
City of Virginia Beach on the 6
day of Oc:tober ~ 9 98
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7
AN ORDINAFVCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CI?'Y OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax
Year Type
of Tax Ticket Exonera-
Number tion No. Date
Paid penalty Int. Total
North American Mort. Co. 1998 RE(1/2) 98-100744-2 11/25/97 795.30
Roxas, Ga6ri'el ~r. & Melodie 1998 RE(1/2) 98-104820-1 02/26/98 46.47 12.27 58.74
Sylvester-Williams W.E. & I~.E.1998 RE(1/2) 98-119281-1 02/28/98 47.79 12.62 60.41
Eldred, Robert W. & Constance 1996 RE(1/2) 96-035078-8 12/05/95 2.28
Eldred, Ro6ert W. & Constance 1996 RE(2/2) 96-035078-8 06/05/96 2.28
Eldred, Robert W. & Constance 1997 RE(1/2) 97-035621~9 11/25/96 2.34
Eldred, Ro6ert W. & Constance 1997 RE(~/2) 97-035621-9 06/02/97 2.34
Eldred, Ro6ert W. & Constance 1998 RE(1/2) 98~035916-2 12/O1/97 2.34
Eldred, Ro6er~t ~J. & Constance 1998 RE(2/2) 98-035916-2 06/O1/98 2.34
Napolitano, Da6ney & Frederick1998 RE(2/2) 98-139078-6 06/05/98 287.00
Pri.VOtt, Carolyn A. 1998 RE(1/2) 98-098298-8 06/05/98 ~3.74 8.91 42.65
Naynes, Mildred M. 1998 RE(1/2) 98-053241-1 12/05/97 103.95
Haynes, Mildred M. 1998 RE(2/2) 98-053241-1 12/05/97 103.95
Li.nd$ley, Robert S. 1997 R~(1/2) 97~072375-0 12/04/96 396.50
Li.ndsley, Ro6ert S. 1997 RE(2/2) 97~072375~0 06/05/97 396.50
Shuttlewor~h, Ruloff &
Giordano, PC 1998 RE(2/2) 98-138096-6 05/15/98 526,56
Rite Aid of VA, Tnc. 1998 RE(2/2) 98-001035-0 06/02/98 181.92
Cpe, Richard & Carolyn 1998 RE(2/2) 98-023557~2 06/03/98 40.22
TOTAL; $3,007,62
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3, 007. 62 were approved by
the Council of the City of Virginia
Beach on the 6 day of October 1998
Ruth Hodges Smith
City Clerk
Cert fi as to paym ;
L
Joh T. At inson, Treasurer
Approved as to form:
~
Les ie . Liiley, City Attor y
-33-
Item VI-I.
PUBLIC HEARING ITEM # 44147
PLANNING
Vice Mayor William D. Sessoms, Jr. DECLARED a PUBLIC HEARING on:
PLANNING
1. SUE D. FRANCE
NON-CONFORMING I1SE
October 6, 1998
-34-
Item VI-I.1.
PUBLIC HEARING ITEM # 44148
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Upon motion by Councilman Branch, seconded by ~Councilman Heischober, City Council DEFERRED
INDEFINITELY.• Application of SUE D. FRANCE, for an enlargement of a non-conforming use at 1741
London Bridge Road re the demolition, relocation and enlargement of one of two non-conforming, siHgle-
family dwellings on one lot, containing 1.51 acres (DISTRICT 6- BEACH).
Resolution Authorizing the Relocation and Enlargement of a
nonconforming use on property lor.ated at 1741 London Bridge Road
DISTRICT 6 - BEACH.
Voting: 8-0
Council Members Voting Aye.•
Linwood O. Branch, III, Harold Heischober, William D.
Harrison, Jr., Barbara M. HE~nley, Louis R. Jones, Reba S.
McClanan, Vice Mayor William D. Sessoms, Jr. and A. M.
"Don " Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure and Nancy K.
Parker
October 6, 1998
-3s-
Item VI-J.1.
UNFINISHED BUSINESS ITEM #j 44149
BY CONSENSUS, CITY COUNCIL ACCEPTED FOIP RECORDATION:
CIVIL LAWSUITS RESOLVED D~IRING THE MONTH OF SEPTEMBER 1998.
October 6, 1998
- 36 -
Item VI-K.2. a..
NEW B ZISINESS ITEM # I441 SO
Upon motion by Councilman Jones, seconded by C~ncilman Branch, City Council ADDED TO THE
AGENDA:
Resolution re proposed ~tERGER of PENINSULA
TRANSPORTATION DISTRICT G~OMMISSION and TIDEWATER
TRANSPORTATIONDISTRICT C10MMISSION.
The City Council cannot endorse t~ie proposed merger or intent to
merge, unless and until it receives,completed financial analyses and
information, which establish that t'~e proposed merger will result in
operating and cost efficiencies for the delivery of services. Until the
merger is approved by all area cities, j the City Council of Virginia Beach
objects to any interim consolidaticin of services, personnel or joint
expenditure.
Voting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, Harold ~eischober, Barbara M. Henley,
Louis R. Jones, Reba S. McCI nan, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don " 1R~'eeks
Council Members Yoting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndo~
Harrison, Jr. and Nancy K.
L. Eure, William D.
October 6, 1998
-37-
Item VI-K.2.b.
NEW B IISINESS ITEM # 44151
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Resolution re proposed 1~lERGER of PENINSULA
TRANSPORTATION DISTRICT COMMISSION and TIDEWATER
TRANSPORTATIONDISTRICT COMMISSION.
The City Council cannot endorse the proposed merger or intent to
merge, unless and until it receives~ completed financial analyses and
information, which establish that t'he proposed merger will result in
operating and cost efficiencies for the delivery of services. Until the
merger is approved by all area cities, the City Council of Virginia Beach
objects to any interim consolidation of services, personnel or joint
expenditure.
Yoting: 8-0
Council Members Yoting Aye:
Linwood O. Branch, III, Harold Heischober, William D.
Harrison, Jr., Barbara M. HE~nley, Louis R. Jones, Reba S.
McClanan, Vice Mayor William D. Sessoms, Jr. and A. M.
"Don " Weeks
Council Members Yoting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure and Nancy K.
Parker
October 6, 1998
1 RESOLUTION: MERGE~ OF PENINSULA
2 TRANSPORTATION DISTRICT COMMISSION
3 AND TIDEWATER TR.ANSPORTATION
4 DISTRICT COMMISSIO~
5 BE IT RESOLVED BY THE ~OUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the City Council is not adequately apprised of the
8 benefits of a merger between Peninsula Transportation District
i
9 Commission and Tidewater Transportation District Commission and the
10 City Council cannot endorse the proposed merger or intent to merge
11 unless and until it receives completed financial analyses and
12 information which establish that tl~e proposed merger will result in
13 operating and cost efficiencies for the delivery of services.
14 BE IT FURTHER RESOLVED:
15 That until the merger is approved by all area cities, the
16 City Council of Virginia Beach obj~cts to any interim consolidation
17 of services, personnel or joint e~penditures.
18 Adopted by the Council 'of the City of Virginia Beach,
19 Virginia, on the 6 day of pctober ~ 1998.
20 CA-7171 ,
21 ORDIN\NONCODE\Merger.Res
22 R-1
23 10/06/1998 I
-3~4-
Item VI-K.3.a.
NEW BUSINESS ITEM # 44152
Upon motion by Council Lady Henley, seconded by Councilman Jones, City Council ADDED TO THE
AGENDA:
SCHEDULE FOR ADVERTISING: Reconsideration of Conditions of
Rosemont Commerce ParklArbor Tree Experts, Inc., COZ/CUP
approved 22 September 1998. This Reconsideration will be advertised
for a Public Hearing on 27 October 1998.
Voting: 7-0
Council Members Voting Aye:
Linwood O. Branch, III, Harold Heischober, Barbara M. Henley,
Louis R. Jones, Reba S. McClanan, Vice Mayor N'illiam D.
Sessoms, Jr. and A. M. "Don " y~eeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Margaret L. Eure, William D.
Harrison, Jr. and Nancy K. Parker
October 6, 1998
- 3S~ -
Item VI-K.3.b.
NEW B IISINESS ITEM # 44153
Upon motion by Council LadyHenley, seconded by Councilman Branch, City Council SCHEDULED FOR
ADVERTISING:
RECONSIDERATION of Conditions of Rosemont Commerce
Park/Arbor Tree Experts, Inc., COZi CUP approved 22 September 1998,
to be heard at the 27 October 1998 City Council Session.
Voting: 8-0
Council Members Yoting Aye:
Linwood O. Branch, III, Harold Heischober, William D.
Harrison, Jr., Barbara M. HE~nley, Louis R. Jones, Reba S.
McClanan, Vice Mayor William D. Sessoms, Jr. and A. M.
"Don " Weeks
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf; Margaret L. Eure and Nancy K.
Parker
October 6, 1998
- 4~0 -
Item VI-L.
ADJOURNMENT
ITEM # 441 S4
Vice Mayor William D. Sessoms, Jr., DECLARED ti'ze City Council MeetingADJOURNED at 2:18 P.M.
~ y-/e ~/~
------------- ----------- ----- ----------------------------
Beverly O. ooks, CMC/AAE William D. Sessoms, Jr.
Chief Deputy City Clerk Vice Mayor
-
th Hodges mith, CMC/AAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
October 6, 1998